20240449 Ver 1_Cedar Hill Landing - Indian Creek PCN Attachments_20240530

SOUTHERN ENVIRONMENTAL GROUP
Cedar Hill Landing/Indian Creek
Daniels Rd NE
Navassa, NC, 28451
Pre -Construction Notification Attachments
Prepared for:
DR Horton
6752 Parker Drive Suite 210,
Wilmington, NC 28405
[phone]
WHRid dickObdrhorton.com
Prepared by:
Megan Dean
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
[phone]
megan segi.us
Date:
30 May 2024

4 Cedar Hill Landing/Indian Creek PCN Attachments S E0
Appendix A: Parcel Information.....................................................3
Appendix B: Surface Water and DWR Classification........................................................4
Appendix C: Vicinity Map & Site Map...............................................................................5
AppendixD: Site Plans..................................................................................................6
Appendix E: Jurisdictional Determination........................................................................7
Appendix F: NLEB Consistency Letter.............................................................................8
AppendixG: Species List...............................................................................................9
Appendix H: RCW SLOPES Form..................................................................................10
Appendix I: NOAA Fisheries Essential Fish Habitat Report..............................................11
Appendix J: NC Historic/Cultural Resources - SHPO HPOWEB2.0 Map ...........................12
Appendix K: Flood Zone Information - FRIS NC Flood Map..............................................13
Page 2of13
5/30/2024

Appendix A: Parcel Information
Parcels: 0170005302
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Parcel Information
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Parcel ID: 0170005302
Parcel PIN: 223000648473
Calc. Acreage: 365 01
Legal Description
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TR-REMAINDER 2 365.010 AC INDIAN
CREEK WEST PL-143/23
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++ ll 1 Owner Name:
INDIAN CREEK WEST LLC
Mailing Address:
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C/O MACCURRY STEVE PO BOX 306
CAROLINA BCH, INC 28428-0306
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Deed and Plat References
Deed Book: 04129
Deed Page: 0136
Plat Book:00142143
Plat Page: 00023
PARCEL PHOTO
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Page 3 of 13
5/30/2024

Appendix B: Surface Water and DWR Classification
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Page 4 of 13
5/30/2024

Appendix C: Vicinity Map & Site Map
Area M
Page 5 of 13
5/30/2024

Appendix D: Site Plans
Page 6 of 13
5/30/2024

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Appendix E: Jurisdictional Determination
Page 7 of 13
5/30/2024

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2008-02758 County: Brunswick County U.S.G.S. Quad: Leland
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant: Mulberry Land Company LLC
Steve MacCurry
Address: PO Box 306
Carolina Beach, NC, 28428
Telephone Number: [phone]
E-mail Address: stevemaccurry(a,gmail.com
Size (acres) 547.77 acres
Nearest Waterway Indian Creek
USGS HUC 03030005
Nearest Town Navassa, NC
River Basin Cape Fear
Coordinates Latitude: 34.306828
Longitude:-78.051139
Location description: This project is located at the intersection of Daniels Road NE and Mount Misery Road NE in
Leland, Brunswick County, NC. (Parcel ID's: 01700053 & 228000635454).
Indicate Which of the Following Apply:
A. Preliminary Determination
_ There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this 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 are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
Page 1 of 2

SAW-2008-02758
X There are waters of the U.S., including wetlands, on the above described proiect area subiect to the permit
requirements of Section 404 of the Clean Water Act (CWA) (33 USC & 1344). Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date
of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
X The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on
the plat signed by the Corps Regulatory Official identified on July 14, 2016 by John Policarpo. Unless there is a
change in the law or our published regulations, this determination may be relied upon for a period not to exceed
five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subiect to regulation under the Coastal Area Management
Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at
[phone] or Garv.H.Beecher(&usace.armv.ni .
C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and Coastal Regional Supplement.
D. Remarks: A site visit was conducted by John Policarpo (USAGE) on December 16, 2015.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries
and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this
request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the
Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center,
prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request
to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer

SAW-2008-02758
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNIN&USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by September 19, 2021.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Date: July 19, 2021 Expiration Date of JD: July 19, 2026
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
hM2://col]2smgpu.usace.army.mil/cm gpex/f?p=l36 * 0.
Copy Furnished:

SAW-2008-02758
NOTIFICATION OF ADNHNISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Mulberry Land Company LLC
File Number: SAW-2008-02758
Date: July 19, 2021
Steve MacCurry
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.miUMissions/CivilWorks/RegulatoiyProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section 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 division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

SAW-2008-02758
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 !�w
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
US Army Corps of Engineers
Attn: Gary Beecher
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNIN(&USACE.ARMY.MIL
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 opportuni 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: Gary Beecher, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone], PHILIP.A.SHANNIN(&USACE.APMW.MIL

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Navassa, NC
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Map Source: US Fish & Wildlife Service
Mulberry Land Company, LLC
Tax Parcel ID# 01700053
Navassa, NC
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Needham Environmental, Inc.
Environmental Consultants
Wilmington, NC
January 2016
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Appendix F: NLEB Consistency Letter
Page 8 of 13
5/30/2024

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607
Phone: [phone] Fax: [phone]
In Reply Refer To: 03/15/2024 18:46:50 UTC
Project code: 2024-0063642
Project Name: Cedar Hill Landing
Federal Nexus: yes
Federal Action Agency (if applicable):
Subject: Technical assistance for'Cedar Hill Landing'
Dear Megan Dean:
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 March 15, 2024, for
'Cedar Hill Landing' (here forward, Project). This project has been assigned Project Code
2024-0063642 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: 2024-0063642 IPaC Record Locator: 921-140204592 03/15/2024 18:46:50 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
• 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 asperulaefolia Endangered
• Rufa Red Knot Calidris canutus rufa Threatened
• Tricolored Bat Perimyotis subflavus Proposed Endangered
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species listed above. Note that if a new species is listed that may be affected by the
identified action before it is complete, additional review is recommended to ensure compliance
with the Endangered Species Act.
Next Step
Consultation with the Service is necessary. The project has a federal nexus (e.g., Federal funds,
permit, etc.), but you are not the federal action agency or its designated (in writing) non-federal
representative. Therefore, the ESA consultation status is incomplete and no project activities
should occur until consultation between the Service and the Federal action agency (or designated
non-federal representative), is completed.
As the federal agency or designated non-federal representative deems appropriate, they should
submit their determination of effects to the Service by doing the following.
1. Log into IPaC using an agency email account and click on My Projects, click "Search by
record locator" to find this Project using 921-140204592. (Alternatively, the originator of
the project in IPaC can add the agency representative to the project by using the Add
Member button on the project home page.)
2. Review the answers to the Northern Long-eared Bat Range -wide Determination Key to
ensure that they are accurate.
3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to
a concurrence letter. Download the concurrence letter for your files if needed.
DKey Version Publish Date: 02/26/2024
2of11

Project code: 2024-0063642 IPaC Record Locator: 921-140204592 03/15/2024 18:46:50 UTC
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for the northern long-eared bat. However,
the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place before project implements any changes which are final or commits
additional resources.
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2024-0063642 associated
with this Project.
DKey Version Publish Date: 02/26/2024 3 of 11

Project code: 2024-0063642 IPaC Record Locator: 921-140204592 03/15/2024 18:46:50 UTC
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Cedar Hill Landing
2. Description
The following description was provided for the project'Cedar Hill Landing':
The project site consists of one tract of regenerating forest understory located at
the intersection of Daniels Road NE and Mount Misery Road NE in Leland,
Brunswick County, NC.. Bottomland Hardwood Forest wetlands meander through
the southern section of the property (see attached Wetland Boundary Sketch). The
main land use in the area will be residential.
The approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/034.3067341,-78.05129774603122,14z
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DKey Version Publish Date: 02/26/2024 4 of 11

Project code: 2024-0063642 IPaC Record Locator: 921-140204592 03/15/2024 18:46:50 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
3. The action area does not overlap with an area for which U.S. Fish and Wildlife Service
currently has data to support the presumption that the northern long-eared bat is present.
Are you aware of other data that indicates that northern long-eared bats (NLEB) are likely
to be present in the action area?
Bat occurrence data may include identification of NLEBs in hibernacula, capture of
NLEBs, tracking of NLEBs to roost trees, or confirmed NLEB acoustic detections. Data
on captures, roost tree use, and acoustic detections should post-date the year when white -
nose syndrome was detected in the relevant state. With this question, we are looking for
data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife
Service.
No
4. Does any component of the action involve construction or operation of wind turbines?
Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part
of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).
No
DKey Version Publish Date: 02/26/2024
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Project code: 2024-0063642 IPaC Record Locator: 921-140204592 03/15/2024 18:46:50 UTC
5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
Yes
6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in
whole or in part?
No
7. Are you an employee of the federal action agency or have you been officially designated in
writing by the agency as its designated non-federal representative for the purposes of
Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?
Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and
to help determine whether an incidental take permit may be needed, respectively. This question is for information
purposes only.
No
8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal
Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or
Federal Communications Commission (FCC) funding or authorizing the proposed action,
in whole or in part?
No
9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?
No
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Project code: 2024-0063642 IPaC Record Locator: 921-140204592 03/15/2024 18:46:50 UTC
10. Have you determined that your proposed action will have no effect on the northern long-
eared bat? Remember to consider the effects of any activities that would not occur but for
the proposed action.
If you think that the northern long-eared bat may be affected by your project or if you
would like assistance in deciding, answer "No" below and continue through the key. If you
have determined that the northern long-eared bat does not occur in your project's action
area and/or that your project will have no effects whatsoever on the species despite the
potential for it to occur in the action area, you may make a "no effect" determination for
the northern long-eared bat.
Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal
agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will
not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or
verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may
be affected by your project or if you would like assistance in deciding, please answer "No" and continue through
the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS
would be required if your action may affect another listed species or critical habitat. The definition of Effects of
the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key
selected -definitions
No
11. Your project overlaps with an area where northern long-eared bats may be present year-
round.
Is suitable northern long-eared bat habitat present within 1000 feet of project activities?
Yes
12. Will the action cause effects to a bridge?
No
13. Will the action result in effects to a culvert or tunnel?
Yes
14. Do the interior dimensions of the culvert or tunnel equal or exceed 4.0 feet (1.3 meters) in
height and 130 feet (40 meters) in length? Answer "No" if the affected culvert(s) or tunnel
is smaller in either of these two dimensions.
No
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Project code: 2024-0063642 IPaC Record Locator: 921-140204592 03/15/2024 18:46:50 UTC
15. Does the action include the intentional exclusion of northern long-eared bats from a
building or structure?
Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming
bats, it should be done according to established standards. If your action includes bat exclusion and you are
unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use
in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field
Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control
Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to
find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control
Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in
structures
No
16. Does the action involve removal, modification, or maintenance of a human -made structure
(barn, house, or other building) known or suspected to contain roosting bats?
No
17. Will the action directly or indirectly cause construction of one or more new roads that are
open to the public?
Note: The answer may be yes when a publicly accessible road either (1) is constructed as part of the proposed
action or (2) would not occur but for the proposed action (i.e., the road construction is facilitated by the proposed
action but is not an explicit component of the project).
Yes
18. Will any new road go through any area of contiguous forest that is greater than or equal to
10 acres in total extent?
Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by
less than 1,000 feet of non -forest if the forested patches, added together, comprise at least 10 acres.
No
19. Will any new road pass between two patches of contiguous forest that are each greater than
or equal to 10 acres in extent and are separated by less than 1,000 feet? Northern long-
eared bats may cross a road by flying between forest patches that are up to 1,000 feet apart.
Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by
less than 1,000 feet of non -forested area if the forested patches, added together, comprise at least 10 acres.
Yes
20. For every 1,000 feet of new road that crosses between contiguous forest patches, will there
be at least one place where bats could cross the road corridor by flying less than 33 feet
(10 meters) between trees whose tops are at least 66 feet (20 meters) higher than the road
surface?
No
DKey Version Publish Date: 02/26/2024
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Project code: 2024-0063642 IPaC Record Locator: 921-140204592 03/15/2024 18:46:50 UTC
21. Will the proposed action result in the cutting or other means of knocking down, bringing
down, or trimming of any trees suitable for northern long-eared bat roosting?
Note: Suitable northern long-eared bat roost trees are live trees and/or snags >_3 inches dbh that have exfoliating
bark, cracks, crevices, and/or cavities.
Yes
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Project code: 2024-0063642 IPaC Record Locator: 921-140204592 03/15/2024 18:46:50 UTC
PROJECT QUESTIONNAIRE
Enter the extent of the action area (in acres) from which trees will be removed - round up
to the nearest tenth of an acre. For this question, include the entire area where tree removal
will take place, even if some live or dead trees will be left standing.
6
In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the
inactive (hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring
staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-swarming-and-
staging-areas
0
In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the
active (non -hibernation) season for northern long-eared bat? Note: Inactive Season dates for
spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-
swarming-and-staging-areas
6
Will all potential northern long-eared bat (NLEB) roost trees (trees >_3 inches diameter at
breast height, dbh) be cut, knocked, or brought down from any portion of the action area
greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple
areas, select `Yes' if the cumulative extent of those areas meets or exceeds 0.1 acre.
Yes
Enter the extent of the action area (in acres) from which all potential NLEB roost trees will
be removed. If all NLEB roost trees will be removed from multiple areas, entire the total
extent of those areas. Round up to the nearest tenth of an acre.
6
For the area from which all potential northern long-eared bat (NLEB) roost trees will be
removed, on how many acres (round to the nearest tenth of an acre) will trees be allowed
to regrow? Enter `0' if the entire area from which all potential NLEB roost trees are
removed will be developed or otherwise converted to non -forest for the foreseeable future.
0
Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which
all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought
down?
No
Will all project activities by completed by April 1, 2024?
No
DKey Version Publish Date: 02/26/2024
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Project code: 2024-0063642 IPaC Record Locator: 921-140204592 03/15/2024 18:46:50 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: [phone]
DKey Version Publish Date: 02/26/2024 11 of 11

EGi*
Appendix G: Species List
Page 9 of 13
5/30/2024

United States Department of the Interior
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: 2024-0063642
Project Name: Cedar Hill Landing
05/30/2024 15:09:55 UTC
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: 2024-0063642
05/30/2024 15:09:55 UTC
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation-
handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-
we-do.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.
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Project code: 2024-0063642
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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 code: 2024-0063642
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PROJECT SUMMARY
Project Code:
2024-0063642
Project Name:
Cedar Hill Landing
Project Type:
New Constr - Above Ground
Project Description:
The project site consists of one tract of regenerating forest understory
located at the intersection of Daniels Road NE and Mount Misery Road
NE in Leland, Brunswick County, NC.. Bottomland Hardwood Forest
wetlands meander through the southern section of the property (see
attached Wetland Boundary Sketch). The main land use in the area will be
residential.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www. google.com/maps/(a)34.3067341,-78.05129774603122,14z
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Counties: Brunswick County, North Carolina
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Project code: 2024-0063642 05/30/2024 15:09:55 UTC
ENDANGERED SPECIES ACT SPECIES
There is a total of 14 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species. Note that 1 of these species should be
considered only under certain conditions.
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.
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.
This species only needs to be considered under the following conditions:
• This species only needs to be considered if the project includes wind turbine operations.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
BIRDS
NAME
STATUS
Piping Plover Charadrius melodus
Threatened
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6039
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
Rufa Red Knot Calidris canutus rufa
Threatened
There is proposed critical habitat for this species.
Species profile: https:Hecos.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:Hecos.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:Hecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
Endangered
There is proposed critical habitat for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea
Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/1493
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NAME
Loggerhead Sea Turtle Caretta caretta
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/1110
STATUS
Threatened
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:Hecos.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:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Cooley's Meadowrue Thalictrum cooleyi Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3281
Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2747
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
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BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Actl and the
Migratory Bird Treaty Act2.
Any person or organization who plans or conducts activities that may result in impacts to bald or
golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Bald and Golden Eagle Protection Act of 1940.
2. The Migratory Birds Treaty Act of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
There are 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.
1►/Juhl
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:Hecos.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.
■ probability of presence breeding season 1 survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
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/suDDlemental-information-mip-ratorv-birds-and-bald-and-p-olden-eap-les-mav-occur-
project-action
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Acti 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 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)
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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.
BREEDING
NAME 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:Hecos.fws.gov/ecp/species/1626
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:Hecos.fws.gov/ecp/species/9427
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https:Hecos.fws.gov/ecp/species/9406
Lesser Yellowlegs Tringa flavipes
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https:Hecos.fws.gov/ecp/species/9679
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https:Hecos.fws.gov/ecp/species/9439
Breeds Mar 15
to Aug 25
Breeds
elsewhere
Breeds Apr 1 to
Jul 31
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:Hecos.fws.gov/ecp/species/9398
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:Hecos.fws.gov/ecp/species/9478
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:Hecos.fws.gov/ecp/species/4076
Swallow-tailed Kite Elanoides for ficatus Breeds Mar 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jun 30
and Alaska.
https:Hecos.fws.gov/ecp/species/8938
10 of 13

Project code: 2024-0063642
05/30/2024 15:09:55 UTC
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret
this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non-VulnB C 160 MINE ■■ � Jill
III Jill
III —rt Jill
Jill
Jill
Jill
Brown-headed
Nuthatch
Al —v
Jill
Jill
Jill
Jill
III—
— — — — — — — — — — — — —�-- �-1—
BCC -BCR
Chimney Swift
BCC Rangewide
--++ —+-- —
Jill
Jill
Jill
Jill
Jill
— — — — — — — — — — — — — — — —
(CON)
Lesser Yellowlegs
BCC Rangewide
(CON)
Prothonotary Warbler 1111 HE1111 1111 — — — — — — — — — — — — — — — — — — — —
---� —++—
BCC Rangewide
(CON)
Woodpecker --++ -+-- -��� _++- -111 Jill Jill Jill 11-- - - - - - - - - - - - -
11 of 13

Project code: 2024-0063642 05/30/2024 15:09:55 UTC
BCC Rangewide
(CON)
Rusty Blackbird
- — — — —'-- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ----
— — — -
BCC -BCR
Southeastern
AmericanKestrel
C
BC
to--
BCCSwal1Rangew de
— — — — — — — — — — — — ----
(CON)
Additional information can be found using the following links:
• Eagle Management https://www.fws.gov/program/eagle-management
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/suDDlemental-information-mip-ratorv-birds-and-bald-and-p-olden-eap-les-mav-occur-
project-action
12 of 13

Project code: 2024-0063642
05/30/2024 15:09:55 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: [phone]
13 of 13

Appendix H: RCW SLOPES Form
Page 10 of 13
5/30/2024

RCW SLOPES Manual — North Carolina
March 2022
AppencuX A — Kea-COCKacdecd wooapmer consultation Area
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Red -cockaded Woodpecker Section 7 Consultation Area
Northeastern Coastal Plain
Sb-n arl
Source: USFWS, 2020
11

RCW SLOPES Manual — North Carolina
March 2022
US Army Corps
of Engineers
Appendix B — Red -cockaded Woodpecker Effects Determination Key
ORM2 No.: Date 05/30/2024
USFWS Reference No. (if applicable): 2024-0063642
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 effect
z
2) Is the action areal located in the northeastern coastal plain (see Appendix A)?
a) Yes.......................................................................................................................................................go to 3
b) No (the project is located in piedmont, sandhills, or southeastern coastal plain)..................go to 4
3) Is the action areal located in a forested area with pine trees present in northeast North Carolina (e.g.,
high pocosin, Atlantic white cedar, nonriverine swamp forests, pond pine woodland, coastal fringe
evergreen forest, wet successional pine/pine-hardwood forest, or pine plantation or uplands)? If yes,
are the pine trees greater than 30 years of age (if stand age is not readily determined, refer to Table
1 for a description of the minimum dbh of 30-year-old pines associated with each community type).
If the answer to both of these questions is yes, choose Yes below. If the answer to one or both
questions is no, then choose No below.
a) Yes.......................................................................................................................................................go to 8
b) No...................................................................................................................................................No effect2
4) Is the action areal located within suitable RCW foraging or nesting habitat (pine or pine/hardwood
stands in which SO% 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 S
b) No...................................................................................................................................................No effect2
S) 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.
qa) Yes (to one or both).........................................................................................................................go to 6
b No ......................................................................................................................................................... N LAA3
12

RCW SLOPES Manual — North Carolina
March 2022
6) Is the action areal located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or
pine/hardwood stands that contain pines 60 years in age or older or >_10 inches dbh; in the
southeastern coastal plain: pine or pine/hardwood stands that contain pines >_8 inches dbh, including
but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)?
a) Yes........................................................................................................................................................go to 9
No.........................................................................................................................................................go to 7
7) Does suitable nesting habitat occur within O.S miles of suitable foraging habitat that would be
impacted by any activity in the action areal?
a) Yes......................................................................................................................................................go to 9
b) No.........................................................................................................................................................NLAA3
8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action areal.
Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in
the action areal, or is the action areal within 200 feet of a cavity tree? If the answer to either of these
questions is yes, choose Yes below. If unable to determine the location of a cavity tree with
confidence, then contact the USFWS Raleigh Field Office.
a) Yes......................................................................................................................................................go to 9
b) No.........................................................................................................................................................NLAA3
9) Contact the appropriate USACE representative for a pre -application meeting to determine if a survey
is necessary (for a list of USACE representatives please see the contact list at http://saw-
reg.usace.army.mil/FO/PMList.pdf). Note that project -specific information, such as a delineation of
waters of the U.S., project plans, and details concerning certain activities on disturbances that would
occur in the action areal (e.g. percussive activities, forest management, or similar disturbances), may
be needed for the USACE to determine the action area(s)l of the project. If a survey is required and
agreed to by the applicant, all suitable RCW nesting habitat within O.S miles of the action areal should
be surveyed according to USFWS protocol for the presence of RCW cavity trees'. If the applicant is
unwilling or unable to conduct the survey, standard consultation with the USFWS should begin. Such
surveys are conducted by running line transects through stands and visually inspecting all medium-
sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all
trees are inspected and are run north -south.
Was a survey performed?
a) Yes, a survey was performed, and RCW cavity trees were observed.......................................go to 10
b) Yes, the survey was submitted to the USFWS for concurrence, and the USFWS concurred with the
results (no RCW cavity trees were observed)................................................................................NLAA3
c) No, the USACE determined that a survey was not required and the USFWS
concurred............................................................................................................................................. N LAA3
d) No, a survey was not performed..........................................................................Consultation required'
10) Does the project involve activities or disturbances in the action areal (e.g., percussive activities, forest
management, or similar disturbances) within the 200-foot cavity tree buffer, and/or cause removal or
damage to RCW cavity trees (e.g., via root compaction, soil compaction)? If yes to either or both then
consultation is required.
a) Yes............................................................................................................................Consultation required'
b) No......................................................................................................................................................go to 11
13

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

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

Appendix I: NOAA Fisheries Essential Fish Habitat Report
Page 11 of 13
5/30/2024

5/30/24, 11:34 AM
EFH Report
EFH Data Notice
EFH Mapper Report
Essential Fish Habitat (EFH) is defined by textual descriptions contained in the fishery management plans developed by the regional fishery
management councils. In most cases mapping data can not fully represent the complexity of the habitats that make up EFH. This report should
be used for general interest queries only and should not be interpreted as a definitive evaluation of EFH at this location. A location -specific
evaluation of EFH for any official purposes must be performed by a regional expert. Please refer to the following links for the appropriate
regional resources.
Southeast Regional Office
Atlantic Highly Migratory Species Management Division
Query Results
Degrees, Minutes, Seconds: Latitude — 34' 18' 24" N, Longitude — 79° 56' 56" w
Decimal Degrees: Latitude — 34.307, Longitude —-78.051
The query location intersects with spatial data representing EFH and/or HAPCs for the following species/management units.
EFH
No additional Essential Fish Habitats (EFH) were identified at the report location.
Pacific Salmon EFH
No Pacific Salmon Essential Fish Habitat (EFH) were identified at the report location.
Atlantic Salmon
No Atlantic Salmon were identified at the report location.
HAPCs
No Habitat Areas of Particular Concern (HAPC) were identified at the report location.
EFH Areas Protected from Fishing
No EFH Areas Protected from Fishing (EFHA) were identified at the report location.
Spatial data does not currently exist for all the managed species in this area. The following is a list of
species or management units for which there is no spatial data.
**For links to all EFH text descriptions see the complete data inventory: open data inventory -->
South Atlantic Sargassum EFH,
Sargassum,
South Atlantic HAPCs,
Coastal Migratory Pelagics,
Golden Crab,
Sargassum,
Secretarial EFH,
Bigeye Sand Tiger Shark,
Bigeye Sixgill Shark,
Caribbean Sharpnose Shark,
https://www.habitat.noaa.gov/apps/efhmapper/efhreport/ 1 /2

5/30/24, 11:34 AM
EFH Report
Spatial data does not currently exist for all the managed species in this area. The following is a list of
species or management units for which there is no spatial data.
**For links to all EFH text describtions see the comblete data inventorv: oben data inventory -->
Galapagos Shark,
Narrowtooth Shark,
Sevengill Shark,
Sixgill Shark,
Smooth Hammerhead Shark,
Smalltail Shark
https://www.habitat.noaa.gov/apps/efhmapper/efhreport/ 2/2

AppendixJ: NC Historic/Cultural Resources - SHPO HPOWEB2.0 Map
I,yen a
r Q Hismnc Resaurtes labels
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. Q oisma ® Boundary shading
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Page 12 of 13
5/30/2024

Appendix K: Flood Zone Information - FRIS NC Flood Map
Page 13 of 13
5/30/2024

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