Exhibit E - Biological Evaluation Report.pdf

Biological Evaluation Edward Woods Property

Manning, Clarendon County, South Carolina Project No. 01967-23154

PREPARED FOR:

Alliance Consulting Engineers, Inc.

Post Office Box 8147 Columbia, South Carolina 29202-8147

PREPARED BY:

The Brigman Company

Post Office Box 1532 Conway, South Carolina 29526

July 3, 2023

The Brigman Company | Post Office Box 1532 | Conway, SC 29528 | p 843.248.9388 | www.TheBrigmanCompany.com

Alliance Consulting Engineers, Inc.

Post Office Box 8147 Columbia, SC 29202-8147

Attention: Ms. Susan McRae

Reference: Biological Evaluation

Edward Woods Property Manning, Clarendon County, South Carolina Project No. 01967-23154

Dear Ms. McRae :

The Brigman Company (TBC) is pleased to submit this report detailing our Biological Evaluation for the Edward Woods Property (i.e. the Property) located on US Highway 301 just north of the City of Manning, Clarendon County, South Carolina. This work was performed in accordance with TBC’s Professional Services Contract, authorized on June 9, 2023. This report and the on-site pedestrian survey have been conducted to assess the potential for the presence of federally protected species or habitat to support federally protected species prior to future development of the Property.

The Property is comprised of three tracts of land (Clarendon County TMS# 185-00-03-002-00, 027-00 & 185-02- 017-00) totaling approximately 36 acres. Exhibit 1 of this report presents the approximate location of the Property.

The Property is identified on a portion of the U.S. Geological Survey (USGS) 7.5-minute Manning, SC topographic quadrangle map dated 1980. Exhibit 2 of this report depicts the approximate location of the Property overlaid on the referenced topographic quadrangle.

Site and Habitat Descriptions The Property is located in central Clarendon County within the Coastal Plain Physiographic Province of South Carolina. The USGS topographic quadrangle (Exhibit 2) depicts the Property as cleared in 1980. The surrounding properties consist of undeveloped, forested areas bordering the site. Exhibit 3 of this report depicts the Property overlaid on an aerial photograph. The Property has been historically used as a maintained agricultural fields and later planted loblolly pine plantation (Pinus taeda). It also has been used as an industrial site, with the associated buildings still located on the southernmost portion of the Property. Currently the Property is dominated by former pasture species such as Bahia grass (Paspalum notatum), Chinese bush clover (Lespedeza cuneata) and dog fennel (Eupatorium capillifolium). Loblolly pines are also encroaching and are approximately 5-8 years in age.

The Property also contains a small upland excavated pond near it's eastern border.

Edward Woods property

Manning, Clarendon County, South Carolina Project No. 01967-23154

Protected Species The U.S. Fish & Wildlife Service (USF&WS) South Carolina List of At-risk, Candidate, Endangered, and Threatened Species – Clarendon County, the USF&WS Information for Planning and Conservation (IPaC) website, and the South Carolina Department of Natural Resources (SCDNR) Rare, Threatened, and Endangered Species and Communities Known to Occur in Clarendon County, SC were consulted regarding current federally protected species within Clarendon County. The information was reviewed prior to conducting the site visit, to determine if known locations of protected species were located on or near the Property. The USF&WS database has eight (8) federally protected species listed for Clarendon County, South Carolina and one (1) candidate species. However, two (2) of these species are dependent on large rivers, which the Property does not contain or border. The remaining six (6) protected species and one (1) candidate species include:

Common Name Scientific Name Survey Window Status

Bald Eagle Haliaeetus leucocephalus October 1 – May 15

(nesting season) Bald & Golden Eagle

Protection Act

Red-Cockaded Woodpecker Picoides borealis March 1 – July 31

(nesting season) Endangered

American Wood Stork Mycteria americana February 15 – September 1

(nesting season) Threatened

Black Rail Laterallus jamaicensis April 1-June 30 Threatened

American Chaffseed Schwalbea americana May - August

(1-2 months after a fire) Endangered

Canby's Dropwort Oxypolis canbyi Mid-July-September Endangered

Monarch Butterfly Danaus plexippus August-December Candidate

A pedestrian field review was performed for protected species and suitable habitats to support protected species on June 29, 2023 by Mr. Jeffery Vereen of TBC. The results of the pedestrian field review are included in the following sections of this report, as well as a discussion of the above species, where applicable.

Plants: No Effect American chaffseed typically grows in sandy, acidic, seasonally moist to dry soils in open moist pine flatwoods, pine/wiregrass savannas, and transitional areas between peaty wetlands and xeric sandy soils. Suitable habitat for this species was not observed on the Property.

Canby’s dropwort typically grows in seepage bogs, swampy depressions, and margins of flooded wetlands/ponds.

This species flowers in August and September, sometimes lasting until October. During the site reconnaissance, no suitable habitat to support Canby’s dropwort was observed on the Property.

http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=Q2DF

Vertebrates: No Effect

Birds:

Even though the bald eagle was taken off of the threatened species list, it is still offered protection under the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c), enacted in 1940. The bald eagle requires mature trees for nesting that are in close proximity to large bodies of water to feed. Site observations revealed that suitable nesting habitat does not exist on the Property. No nests were observed on the Property, nor were any bald eagles observed during the site reconnaissance.

The red-cockaded woodpecker requires mature longleaf pines or loblolly pine with an open understory that does not exceed 15’ in height, and evenly spaced trees with an open, park-like stand. Site observations revealed that suitable nesting or foraging habitat does not exist on the Property.

The wood stork typically requires coastal areas, tidal waters, marshes, swamps, streams and mangroves for nesting and feeding. Suitable nesting habitat nor foraging habitat was not present on the Property, therefore, the proposed project will have no effect on the wood stork.

The Eastern Black Rail is partially migratory and inhabit tidally or non-tidally influenced marshes or wet meadows in inland areas that have dense vegetative cover. Black Rails do not use marsh with significant amounts of standing water and require stable water levels at their nest sites which are typically built in clumps of vegetation in elevated areas with moist soil.

Because there is no suitable habitat for the Black Rail on the Property, the proposed will have no effect on the Eastern Black Rail or any of the listed species of birds for Clarendon County.

Invertebrate: No Effect Insects:

The Monarch butterfly (Danaus plexippus) originates in North America where an eastern and western population undertake extensive migrations. For overwintering monarchs, habitat with a specific microclimate is needed for protection from the elements, as well as moderate temperatures to avoid freezing. These conditions vary between populations. For the eastern North American population, most monarchs overwinter in Oyamel fir (Abies religiosa) tree roosts located in mountainous regions in central Mexico at an elevation of 2,400 to 3,600 meters.

Monarchs living west of the Rocky Mountain range in North America primarily overwinter in California at sites along the Pacific Coast, roosting in eucalyptus (Eucalyptus spp.), Monterey pines (Pinus radiata) and Monterey cypress (Hesperocyparis macrocarpa) trees. Whether it’s a field, roadside area, open area, wet area or urban garden, milkweed and flowering plants are needed for monarch habitat. Adult monarchs feed on the nectar of many flowers during breeding and migration, but they can only lay eggs on milkweed plants. During the site reconnaissance, no monarch butterflies or milkweed were observed on or directly adjacent to the Property, therefore should have no effect on this species.

Methodology TBC reviewed the SCDNR and the USF&WS databases for records of protected species known to occur within Clarendon County. The purpose of the search was to identify current and historic documented occurrences of protected species located within this county. Additionally, TBC personnel reviewed available supporting information including the USGS topographic quadrangle and applicable soil survey data. The purpose of reviewing this supporting information was to identify drainage features and soil types in the site area that may be suitable habitat for protected species. During field reconnaissance, TBC personnel integrated the information obtained from this supporting documentation with field evaluation for the presence of protected species or potential protected species habitat.

Summary and Conclusions Based on the literature review, habitat assessment, and pedestrian field review of the Property, it is our opinion that future land clearing activities associated with proposed development on the Property will have no effect on any federally listed protected species for Clarendon County.

Closure TBC appreciates the opportunity to be of service to you by performing this Biological Evaluation for the Property.

Please contact us at (843) 248-9388 with questions regarding this report, or if you require additional information.

Sincerely, Jeffery Vereen Project Manager jvereen@TheBrigmanCompany.com mailto:jvereen@TheBrigmanCompany.com

Appendices

Exhibit 1: Project Area Exhibit 2: USGS Topographic Map Exhibit

Exhibit 3: Aerial Exhibit Exhibit 4: USDA/SCS Soil Survey Exhibit

Site Photographs USF&WS IPaC Report

SCDNR Species List for Clarendon County SCDNR Request for Threatened and Endangered Species Consultation Report

Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community

Exhibit 1 - Site Vicinity Map

1 " = 1 miles jobs/2023/01967-23154607 Main Street - Conway, SC 29526 - Phone (843) 248-9388 - www.TheBrigmanCompany.com

K

0 1 2 30.5 Miles

Subject Property

33.725 / -80.193

Edward Woods Property

TMS# 185-00-03-002-00, 027-00, & 185-02-017-00

Manning, Clarendon County, SC June 2023

Copyright:© 2013 National Geographic Society, i-cubed

Exhibit 2 - USGS Topographic Map

1 " = 500 ' jobs/2023/01967-23154607 Main Street - Conway, SC 29526 - Phone (843) 248-9388 - www.TheBrigmanCompany.com

K

0 500 1,000 1,500250 Feet

L E G E N D Subject Property

Edward Woods Property

TMS# 185-00-03-002-00, 027-00, & 185-02-017-00

Manning, Clarendon County, SC

USGS 7.5-Min. Manning, SC Quad. (1980)

Esri, HERE, Garmin, (c) OpenStreetMap contributors, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community

Exhibit 3 - Aerial Photograph Exhibit Edward Woods Property

TMS# 185-00-03-002-00, 027-00, & 185-02-017-00

Manning, Clarendon County, SC

June 2023 1 " = 300 ' jobs/2023/01967-23154607 Main Street - Conway, SC 29526 - Phone (843) 248-9388 - www.TheBrigmanCompany.com

K

0 300 600 900150 Feet

L E G E N D Subject Property: 27.9 Ac+/-

Ra

Cd

Cd

Ly

Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community

Exhibit 4 - USDA / SCS Soils Map

1 " = 300 ' jobs/2023/01967-23154607 Main Street - Conway, SC 29526 - Phone (843) 248-9388 - Fax (843) 248-9596 - wwwTtheBrigmanCompany.com

K

0 300 600 900150 Feet

L E G E N D Subject Property

US Dept. of Agriculture / Soil Conservation Service Soils Data

Edward Woods Property

TMS# 185-00-03-002-00, 027-00, & 185-02-017-00

Manning, Clarendon County, SC

Site Photographs Edward Woods Tract

Clarendon County, South Carolina

Project No.: 01967-23154

Taken by: JV Date Taken: 06/29/23

1 Typical site view facing north. 2 Typical site view facing south.

3 View of industrial building on property. 4 View of upland excavated pond facing north.

June 19, 2023

United States Department of the Interior

FISH AND WILDLIFE SERVICE

South Carolina Ecological Services 176 Croghan Spur Road, Suite 200

Charleston, SC 29407-7558 Phone: (843) 727-4707 Fax: (843) 727-4218

In Reply Refer To:

Project Code: 2023-0095115 Project Name: Edward Woods Property

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.).

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 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

06/19/2023 2 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.

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.

06/19/2023 3

Attachment(s):

Official Species List USFWS National Wildlife Refuges and Fish Hatcheries Migratory Birds Wetlands

06/19/2023 1

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:

South Carolina Ecological Services 176 Croghan Spur Road, Suite 200 Charleston, SC 29407-7558

(843) 727-4707

PROJECT SUMMARY

Project Code: 2023-0095115 Project Name: Edward Woods Property Project Type: Commercial Development Project Description: The property is a proposed industrial park site.

Project Location:

The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@33.724232549999996,-80.19261058537671,14z

Counties: Clarendon County, South Carolina https://www.google.com/maps/@33.724232549999996,-80.19261058537671,14z https://www.google.com/maps/@33.724232549999996,-80.19261058537671,14z

1.

ENDANGERED SPECIES ACT SPECIES

There is a total of 5 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 Fisheries , 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.

MAMMALS

NAME STATUS

Tricolored Bat Perimyotis subflavus No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/10515

Proposed Endangered

BIRDS

NAME STATUS

Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/7614

Endangered

INSECTS

NAME STATUS

Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/9743

Candidate https://www.fisheries.noaa.gov/ https://ecos.fws.gov/ecp/species/10515 https://ecos.fws.gov/ecp/species/7614 https://ecos.fws.gov/ecp/species/9743

06/19/2023 4

FLOWERING PLANTS

NAME STATUS

American Chaffseed Schwalbea americana No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/1286

Endangered

Canby's Dropwort Oxypolis canbyi No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/7738

Endangered

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.

https://ecos.fws.gov/ecp/species/1286 https://ecos.fws.gov/ecp/species/7738

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.

http://www.fws.gov/refuges/

2.

3.

MIGRATORY BIRDS

Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act .

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.

The Migratory Birds Treaty Act of 1918.

The Bald and Golden Eagle Protection Act of 1940.

50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

THERE ARE NO FWS MIGRATORY BIRDS OF CONCERN WITHIN THE VICINITY OF YOUR PROJECT

AREA.

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 (BCC) 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 https://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird-treaty-act.php https://www.fws.gov/birds/policies-and-regulations/laws-legislations/bald-and-golden-eagle-protection-act.php https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-measures.pdf https://avianknowledge.net/index.php/beneficial-practices/ https://www.fws.gov/birds/policies-and-regulations/permits.php https://www.fws.gov/program/migratory-birds/species https://www.fws.gov/program/migratory-birds/species http://www.avianknowledge.net/ http://www.avianknowledge.net/ https://data.pointblue.org/api/v3/annual-summaries-about-data-types.html https://data.pointblue.org/api/v3/annual-summaries-about-data-types.html https://www.fws.gov/program/eagle-management

2.

3.

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:

"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);

"BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "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 https://data.pointblue.org/apps/rail/ https://data.pointblue.org/apps/rail/ https://avianknowledge.net/ https://data.pointblue.org/api/v3/annual-summaries-about-data-types.html https://data.pointblue.org/apps/rail/ https://www.fws.gov/program/migratory-birds/species https://www.fws.gov/birds/management/managed-species/bald-and-golden-eagle-information.php http://www.northeastoceandata.org/data-explorer/?birds https://coastalscience.noaa.gov/project/statistical-modeling-marine-bird-distributions/

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.

https://coastalscience.noaa.gov/project/statistical-modeling-marine-bird-distributions/ https://coastalscience.noaa.gov/project/statistical-modeling-marine-bird-distributions/ http://www.boem.gov/AT-12-02/ http://www.boem.gov/AT-13-01/ mailto:Caleb_Spiegel@fws.gov mailto:Pamela_Loring@fws.gov https://fwsepermits.servicenowservices.com/fws

WETLANDS

Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

WETLAND INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED.

PLEASE VISIT HTTPS://WWW.FWS.GOV/WETLANDS/DATA/MAPPER.HTML OR CONTACT THE FIELD

OFFICE FOR FURTHER INFORMATION.

http://www.fws.gov/wetlands/ http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx https://www.fws.gov/wetlands/data/mapper.HTML

IPAC USER CONTACT INFORMATION

Agency: The Brigman Company Name: Jeffery Vereen Address: 607 Main Street Address Line 2: 607 Main Street City: Conway State: SC Zip: 29526 Email jvereen@thebrigmancompany.com Phone: 8432489388

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Requested on Monday, June 19, 2023 by Jeffery Vereen.

PO Box 167 Columbia, SC 29202

(803) 734-1396 speciesreview@dnr.sc.gov

Re: Request for Threatened and Endangered Species Consultation The Brigman Company - Edward Woods Property - Development (Commercial/Residential) - Clarendon County, South Carolina

The South Carolina Department of Natural Resources (SCDNR) has received your request for threatened and endangered species consultation of the above named project in Clarendon County, South Carolina. The following map depicts the project area and a 1 mile buffer surrounding:

S

W E

N

Pocotaligo River

Big Bay

C oo te r

C re ek R d

Trin ity

C hurch Rd

Sum te r H w y

O ld

G eo rg e to w n R d

B ob

W hi te D r

Alderman Cam p

Rd

Trinity Church Rd

Pocotaligo River

June Burn Rd

Sources: Esri, USGS, CNES/Airbus DS, InterMap, Kartverket, LINZ, NASA/ METI, NASA/NGS, NLS Finland, NLSI, Ordnance Survey, SKGeodesy, Esri, NASA, NGA, USGS, FEMA, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA

0 0.4 0.80.2 Miles

This report includes the following items:

A - A report for species which intersect the project area B - A report for species which intersect the buffer around the project area C - A list of best management practices relevant to species near to or within the project area D - A list of best management practices relevant to the project type E - A list of state & federally listed species within the county of the project area F - Instructions to submit new species observation records to the SC Natural Heritage Program

Please be advised:

The contents of this report, including all tables, maps, recommendations, and various other text, are produced as a direct result of the information a user provides at the time of submission. The SCDNR assumes that all information submitted by the user represents the project scope as proposed, and recommends that additional reports be requested should the scope deviate from how the project was initially represented to the SCDNR.

The technical comments outlined in this report are submitted to speak to the general impacts of the activities as described through inquiry by parties outside the South Carolina Department of Natural Resources. These technical comments are submitted as guidance to be considered and are not submitted as final agency comments that might be related to any unspecified local, state or federal permit, certification or license applications that may be needed by any applicant or their contractors, consultants or agents presently under review or not yet made available for public review. In accordance with its policy 600.01, Comments on Projects Under Department Review, the South Carolina Department of Natural Resources, reserves the right to comment on any permit, certification or license application that may be published by any regulatory agency which may incorporate, directly or by reference, these technical comments.

Interested parties are to understand that SCDNR may provide a final agency position to regulatory agencies if any local, state or federal permit, certification or license applications may be needed by any applicant or their contractors, consultants or agents. For further information regarding comments and input from SCDNR on your project, please contact our Office of Environmental Programs by emailing environmental@dnr.sc.gov or by visiting www.dnr.sc.gov/environmental. Pursuant to Section 7 of the Endangered Species Act, requests for formal letters of concurrence with regards to federally listed species should be directed to the USFWS.

Should you have any questions or need more information, please do not hesitate to contact our office by email at speciesreview@dnr.sc.gov or by phone at 803-734-1396.

Sincerely, Joseph Lemeris, Jr.

Heritage Trust Program SC Department of Natural Resources

There are 0 tracked species records found within the project foot print. The following table outlines occurrences found within the project footprint (if any), sorted by listing status and species name. Please keep in mind that this information is derived from existing databases and do not assume that it is complete. Areas not yet inventoried may contain significant species or communities. You can find more information about global and state rank status definitions by visiting Natureserve's web page. Please note that certain sensitive species found on site may be listed in this table but are not represented on the map. Please contact speciesreview@dnr.sc.gov should you have further questions related to sensitive species found within the project area.

Map Credits: Sources: Esri, USGS, CNES/Airbus DS, InterMap, Kartverket, LINZ, NASA/METI, NASA/NGS, NLS Finland, NLSI, Ordnance Survey, SKGeodesy, Esri Community Maps Contributors, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Esri, NASA, NGA, USGS, A. Project Area - Species Report

No records for species of concern are found within the project area

Clemmys guttata Spotted Turtle ARS: At-Risk Species ST: State Threatened G5 S3 2021-10-14 Zoological

Enneacanthus chaetodon Blackbanded Sunfish Not Applicable Not Applicable G3G4 S2S3 1974-01-12 Zoological

Etheostoma serrifer Sawcheek Darter Not Applicable Not Applicable G5 S4 2009-11-05 Zoological

Notropis chalybaeus Ironcolor Shiner Not Applicable Not Applicable G4 S3S4 2009-08-11 Zoological

Procambarus ancylus Coastal Plain Crayfish Not Applicable Not Applicable G4G5 S4S5 1983-06-18 Zoological

Pteronotropis stonei Lowland Shiner Not Applicable Not Applicable G5 S3S4 1974-01-12 Zoological

Scientific Name Common Name Federal Protection Status State Protection Status G Rank S Rank Last Obs. Date Type

Hw y 3

Pocotaligo River

B. Buffer Area - Species Report The following table outlines rare, threatened or endangered species found within 1 miles of the project footprint, arranged in order of protection status and species name. Please keep in mind that this information is derived from existing databases and do not assume that it is complete. Areas not yet inventoried may contain significant species or communities. You can find more information about global and state rank status definitions by visiting Natureserve's web page. Please note that certain sensitive species found within the buffer area may be listed in this table but are not represented on the map.

Map Credits: Sources: Esri, USGS, CNES/Airbus DS, InterMap, Kartverket, LINZ, NASA/METI, NASA/NGS, NLS Finland, NLSI, Ordnance Survey, SKGeodesy, Esri, NASA, NGA, USGS, FEMA, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, USDA

C. Species Best Management Practices (1 of 3)

SCDNR offers the following comments and best management practices (BMPs) regarding this project's potential impacts to species of concern which may be found on or near to the project area. Please contact speciesreview@dnr.sc.gov should you have further questions with regard to survey methods, consultation, or other species-related concerns.

Map Credits: Sources: Esri, USGS, CNES/Airbus DS, InterMap, Kartverket, LINZ, NASA/METI, NASA/NGS, NLS Finland, NLSI, Ordnance Survey, SKGeodesy, Esri Community Maps Contributors, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Esri, NASA, NGA, USGS, Regarding spotted turtle (1 of 3): The spotted turtle (Clemmys guttata) is a state-threatened species and a federal At-Risk species (ARS). Spotted turtles may be allowed to be relocated into areas of suitable habitat, management, and conservation status; however, any plans for relocation should be submitted for review to SCDNR with a detailed description and images of the current and future habitat and proposed work plan and methodologies as it pertains to a relocation project. It should be noted that not all habitats are suitable for relocation.

• Avoid any construction in areas within or adjacent to aquatic resources (wetlands, streams, etc.) from January 15th through May 31st.

• Prior to any construction activity, install silt fencing from November 15th through January 15th. Silt fencing should include 45-degree arms to direct spotted turtles to the uplands adjacent to the waterbody and away from the construction site. The 45-degree arms should be placed at a minimum of 100 ft from the waterbody and no more than 300 ft from the waterbody. Additionally, silt fence arms should extend at least 50-ft and extend in each direction so that the ends of each 45-degree angle to the fence meet to form a triangle. Silt fencing should remain in place throughout the duration of the proposed construction activities.

• Prior to construction, monitor the silt fencing to ensure it is effectively working properly on a monthly basis. This should effectively exclude the species from the project area prior to construction activities. Once construction activities begin, the silt fence should be monitored weekly for the integrity of the fencing and the presence of spotted turtles or other herpetofauna or small wildlife species. If spotted turtles are encountered, the SCDNR state herpetologist should be notified immediately by calling 854-202-0472.

Regarding spotted turtle (2 of 3): Should the applicant not be able to install the silt fencing in accordance with the proposed window, it will require the applicant to install the exclusion fencing when the species is more active and has the potential to trap individuals with the area of proposed construction. Therefore, the SCDNR recommends checking the perimeter of the fencing twice daily for 14 days prior to ground disturbance and/or clearing in areas adjacent to and near these wetlands to ensure that spotted turtles are not trapped within the proposed project footprint.

Any turtles found within the construction area during this initial monitoring period and the construction monitoring period described below must be relocated. The relocation plan must be submitted to SCDNR for review prior to the installation of the silt fencing and the proper permits acquired from the SCDNR Herpetologist for the movement of a state protected species. Please contact the State Herpetologist by calling 854-202-0472.

Regarding spotted turtle (3 of 3): For areas where construction will occur in wetlands, the SCDNR recommends the following to prevent the take of this state protected species:

• Surveys for the presence of spotted turtle in wetlands to be impacted should occur from February 15th – April 15th.

The best window for visually identifying spotted turtles as well as successfully trapping is February to early May.

Visual surveys are usually most effective February to April and trapping, usually March to May. All of this depends on water levels in the surveyed wetland habitat. If dry or extremely low water levels, neither method will be effective or appropriate. Spotted turtles utilize wetland habitat during certain times of the year, but during periods of drought or low water levels, spotted turtles will aestivate in the surrounding forests adjacent to wetlands. The SCDNR recommends one of the methods detailed in the Spotted Turtle Assessment Protocol developed by the Spotted Turtle Working Group be utilized. Following completion of surveys, the results should be submitted to SCDNR, and further coordination occur if spotted turtle are found to be present onsite.

BMP Output

C. Species Best Management Practices (2 of 3)

SCDNR offers the following comments and best management practices (BMPs) regarding this project's potential impacts to species of concern which may be found on or near to the project area. Please contact speciesreview@dnr.sc.gov should you have further questions with regard to survey methods, consultation, or other species-related concerns.

Map Credits: Sources: Esri, USGS, CNES/Airbus DS, InterMap, Kartverket, LINZ, NASA/METI, NASA/NGS, NLS Finland, NLSI, Ordnance Survey, SKGeodesy, Esri Community Maps Contributors, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Esri, NASA, NGA, USGS, Species in the above table with SWAP priorities of High, Highest or Moderate are designated as having conservation priority under the South Carolina State Wildlife Action Plan (SWAP). SWAP species are those species of greatest conservation need not traditionally covered under any federal funded programs. Species are listed in the SWAP because they are rare or designated as at-risk due to knowledge deficiencies; species common in South Carolina but listed rare or declining elsewhere; or species that serve as indicators of detrimental environmental conditions. SCDNR recommends that appropriate measures should be taken to minimize or avoid impacts to the aforementioned species of concern.

Related to American alligator (1 of 3):

American alligator (Alligator mississippiensis), a federally and state regulated species, is common throughout freshwater habitats in the Coastal Plain of South Carolina. Juvenile alligators frequently utilize stormwater or stormwater-like ponds, such as golf course ponds or resort lagoons, to avoid being preyed upon by larger adult alligators. Alligators are ambush predators that spend most of their lives in water. They have a natural fear of people unless they become habituated. Most often alligators become habituated when people feed them, either purposefully or accidentally. Please note it is illegal to feed, entice or molest an alligator pursuant to S.C.

Code of Laws §50-15-500(C); it is also illegal to kill or possess an alligator without a permit pursuant to S.C. Code §50-15-500(D).

Accidental feeding can occur when people do not properly dispose of food or fish carcasses associated with recreational fishing or indirect feeding of other wildlife, such as fish, turtles, or ducks, where alligators resides. A habituated alligator is more likely to approach or be near people and pose a potential threat. Therefore, any development should be designed in a manner that will substantially minimize the interaction of alligators and people.

Related to American alligator (2 of 3):

The SCDNR recommends the following best management practices to deter human and alligator interactions:

• Any private property or private yards near ponds or waterways should be fenced to limit unexpected alligator encounters. If fencing individual yards is not possible, fencing around the pond should occur. Keeping people, pets, and children from the edge of the water is the single best way to prevent alligator interactions. Due to the alligator’s ability to ambush and lunge a great distance to capture its prey, walking paths around ponds should be a minimum of 10 feet from the shoreline. However, to provide greater protection, the SCDNR recommends this distance be increased to 30 feet to reduce alligator and human conflicts. Brush near the water’s edge should be managed and considered in the minimum distance as alligators will utilize vegetation to rest and hunting to wait and ambush prey. If vegetation extends five feet from the edge of the water, then the walkway should be a minimum of 10 to ideally 30 feet beyond the farthest edge of vegetation from the water. Additionally, consideration should be given to require that all dogs on walkways near stormwater ponds or pond-like features in the neighborhood must be leashed to prevent alligator from targeting pets as prey. There should be a designated area included in design plans to provide a place for fishermen to properly dispose of fish carcasses or bait to avoid the accidental feeding and habituation of alligators.

C. Species Best Management Practices (3 of 3)

SCDNR offers the following comments and best management…