20231637 Ver 1_ePCN documents Sennebogen Trail compressed_20231201

Angela Petros
From: Angela Petros
Sent: Monday, October 9, 2023 4:23 PM
To: 401 PreFile
Subject: Sennebogan Trail NWP 39 Pre -Application
To Whom It May Concern,
Atlas will be submitting an NWP 39 application for the Sennebogan Trail project. This project is in Stanley
(Lincoln County) and is an Industrial project. SC Hondros & Associates is the applicant.
Angela Petros
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] mobile
www.atiasenvi.com
Offices in Asheville and Charlotte
ENVIRONMENTAL

Preliminary ORM Data Entry Fields for New Actions
SAW — 201 - BEGIN DATE [Received Date]:
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Sennebogen Trail
2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑✓
3. Project Description / Purpose [PCN Form 133d and 133e]:
The purpose of this project is for the construction of an industrial building and gravel demo/training
yard.
4. Property Owner / Applicant [PCN Form A3 or A41: owner: Sennebogen Real Estate LLC Applicant: SC Hondros & Associates
Attn: Mark Murray / Attn: Mark Murray
5. Agent / Consultant [PCN Form AS — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson
6. Related Action ID Number(s) [PCN Form BSb]: None Known
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
1957 Sennebogen Trail Stanley, North Carolina 28164
35.4204110 /-81.0168970
8. Project Location - Tax Parcel ID [PCN Form 131a]: 3691941330
9. Project Location — County [PCN Form A2b]: Lincoln
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Stanley
11. Project Information — Nearest Waterbody [PCN Form 132a]: Killian Creek, Class: C, Index #: 1 1-1 19-2-(0.5)
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Upper Catawba 03050101
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 18
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑✓ Section 10 & 404 ❑
❑Pre -Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20150602

ATLAS
ENVIRONMENTAL
November 30, 2023
US Army Corps of Engineers NC Division of Water Resources
Charlotte Regulatory Field Office 401 and Buffer Permitting Unit
Attn: Krysta Stygar Attn: Stephanie Goss
8430 University Executive Park Drive, Suite 611 1617 Mail Service Center
Charlotte, NC 28262 Raleigh, North Carolina 27699-1617
Re: Sennebogen Trail +/- 32.501 acres
1957 Sennebogen Trail Stanley, North Carolina 28164
Nationwide Permit 18 Application
SAW-2023-25005 / DWR Project #: unknown
Krysta/Stephanie:
Atlas Environmental Inc is submitting the enclosed package on behalf of SC Hondros & Associates,
Mark Murray for approval of a Nationwide Permit 18 verification for unavoidable impacts to Waters
of the United States. Atlas Environmental completed a stream and wetland delineation on
September 29, 2023. The JD was issued on October 17, 2023. Atlas assessed three streams and
two old non -jurisdictional stormwater ponds.
The project's purpose is for the construction of a new building for training techs and a
demonstration/training area. The training area will consist of both gravel and grass lots, similar to
the environment where they will operate. The training area will require one unavoidable impact to
Waters of the United States. Impact S1 consists of —279 linear feet (0.0097 acres) of intermittent
stream impact for construction of the gravel demonstration pad and stormwater measures. The
impact is approximately 423 square feet with a fill of 7.83 cubic yards to CH 100. A clean water
bypass and SCM sand filter pipe are proposed to discharge into CH 100. A dissipater pad has been
added to the end of the piping.
The project does not exceed thresholds, so no mitigation is being proposed. Impacts have been
reduced by the proposed design and location of the buildings, positioning of parking, and the design
of stormwater basins and control measures. The site does not impact any of the perennial channels
within the review area. Over —1,000 linear feet of intermittent channel is not being impacted at the
site.
Enclosed are the necessary permit application documents and additional information. Thank you for
your attention to the enclosed request. Please contact me if you need any additional information.
Best regards,
Allyson Sinclair
[e-mail]
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

JNV-TLAS
IRONMENTAL
AGENT AUTHORIZATION FORM
U.S. Army Corps of Engineers, Wilmington District
Attn: Tommy Fennel, Chief, Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Resources, Water Quality Program
Wetlands, Buffers, Streams — Compliance and Permitting Unit
Attn: Stephanie Goss, Supervisor
1617 Mail Service Center
Raleigh, North Carolina 27699-1650
I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement
holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my
behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are
authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of
conducting on -site investigations and issuing a determination associated with Waters of the US subject to
Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404
Wetlands subject to a permitting program administered by the State of North Carolina. Atlas
Environmental Inc is authorized to provide supplemental information needed for delineation approval
and/or permit processing at the request of the Corps or NC DWR Water Quality Program.
Project Name:
Sennebogen Trail
Property owner of Record:
Sennebogen Real Estate LLC
Contact Name:
Mark Murray
Address:
1957 Sennebogen Trail
Address:
Stanley, North Carolina 28164
Phone/Fax Number:
[phone] (Office)
Email Address:
[e-mail]
Project Address:
1957 Sennebogen Trail
Stanley, North Carolina 28164
Project Address:
3691941330
Tax PIN:
Signature:
Date:
ATLAS Environmental Inc.
338 S. Sharon Amity Road, #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
[e-mail]
www.atlasenvi.com

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North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
November 3, 2023
Allyson Sinclair
Atlas Environmental Inc.
P.O. Box 17323
Asheville NC 28806
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
aiinclair e,atlasenvi.com
Re: Construct industrial building, 1957 Sennebogen Trail, Stanley, Lincoln County, ER 23-2317
Dear Ms. Sinclair:
Thank you for your letter of October 13, 2023, concerning the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.review cgdncr.nc.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

Federal Endangered, Threatened, and Candidate Species
Project Review Request and Report of Findings
Project Name:
SENNEBOGEN TRAIL
Project Location:
1957 Sennebogen Trail
Stanley, North Carolina 28164
Lat: 35.420411 ° / Long:-81.0168970
Review Area:-32.501 acres
Date.
29 November 2023
Prepared For:
SC Hondros & Associates
Attn: Mark Murray
1957 Sennebogen Trail
Stanley, North Carolina 28164
Prepared By:
5-NVIRONMENTAL
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

Table of Contents
1 Introduction...............................................................................................................................................3
1.1 Site Location and Description........................................................................................................3
1.2 Project Purpose................................................................................................................................3
1.3 Endangered Species Act................................................................................................................3
2 Methods.....................................................................................................................................................4
2.1 Action Area.......................................................................................................................................4
2.2 Information, Planning and Conservation System........................................................................5
2.3 North Carolina Natural Heritage Program....................................................................................5
2.4 Field Assessment.............................................................................................................................5
3 Results.......................................................................................................................................................5
3.1 Information, Planning and Conservation System........................................................................5
3.2 North Carolina Natural Heritage Program....................................................................................5
3.3 Field Assessment.............................................................................................................................6
3.3.1 Tricolored Bat (Perimyotis subflavus)...................................................................................6
3.3.2 Monarch Butterfly (Danaus plexippus).................................................................................7
3.3.3 Dwarf -flowered Heartleaf (Hexastylis naniflora)..................................................................8
3.3.4 Michaux's Sumac (Rhus michauxii)......................................................................................8
3.3.5 Schweinitz's Sunflower (Helianthus schweinitzii)...............................................................9
4 Findings and Determinations...............................................................................................................10
4.1 Tricolored Bat.................................................................................................................................10
4.2 Monarch Butterfly...........................................................................................................................10
4.3 Dwarf -flowered Heartleaf..............................................................................................................10
4.4 Michaux's Sumac...........................................................................................................................10
4.5 Schweinitz's Sunflower.................................................................................................................11
4.6 Species and Effects Determination Summary Table................................................................11
5 Conclusions............................................................................................................................................12
5.1 Summary.........................................................................................................................................12
5.2 Permitting........................................................................................................................................12
5.3 Conclusion......................................................................................................................................13
AppendixA: IPaC Report..............................................................................................................................14
AppendixB: NCNHP Report........................................................................................................................24
AppendixC: Resource Maps.......................................................................................................................28
Appendix D: Site Photographs and Location Map....................................................................................51
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 2

1 Introduction
Mark Murray of SC Hondros & Associates has requested Atlas Environmental to perform
a site assessment for Federally listed Endangered, Threatened, and Candidate species
that could potentially occur on the subject property and recommend a determination of
effects.
.1 Site Location and Description
The subject site is located at 1957 Sennebogen Trail, Stanley, North Carolina 28164, and
is comprised of one Lincoln County parcel (Parcel ID: 54664), totaling approximately
32.501 acres. The project site is within the Lowesville 1-24,000 Quadrangle. The project
site lies at the terminus of Sennebogen Trail on the North side of Old Plank Road, West
of NC Highway 16, approximately 9.3 driving miles Northeast of the city center of the
Town of Stanley (Appendix C).
The ground surface generally slopes West -Northwest toward stream and wetland
features. The topographic relief of the project site is approximately 98 feet with an
approximate maximum elevation of 799 feet and a minimum elevation of 701 feet above
sea level. The land use of the review area is an existing industrial development and
forested tract. The existing industrial development is currently confined to the Eastern
portion of the property. The surrounding area consists predominantly of commercial and
industrial development to the South and East and forested tracts to the North and West.
Sparse residential development also exists in the general area.
1.2 Project Purpose
The proposed project's purpose is for the expansion and construction of an existing
industrial development. The project site will require mechanized land clearing to remove
existing vegetation and grading to prepare the ground surface for construction. The
development also will require the construction of stormwater treatment, ingress and
egress roadways, utilities, and additional associated infrastructure. A U.S. Army Corp of
Engineers (USACE) Nationwide 39 may be required for unavoidable impacts to aquatic
resources.
1.3 Endangered Species Act
The Endangered Species Act of 1973, as amended (ESA), provides a program for the
conservation of Endangered and Threatened plants and animals and the habitats in
which they are found. The lead Federal agencies for implementing the ESA are the U.S.
Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS).
Before a species can receive the protection provided by the ESA, it must first be added
to the Federal lists of Endangered and Threatened wildlife and plants. A species is
added to this list when the respective Federal agency determines that it has met a
definition of Endangered or Threatened under the ESA. Species may also be removed
from the list (i.e., "delisted") when they no longer require ESA protection, or have a
change in status (i.e., "reclassified"), for example from Endangered or Threatened.
Under the ESA, a species must be listed if it is endangered or threatened because of
any of the following 5 factors:
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 3

1. present or threatened destruction, modification, or curtailment of its habitat or range;
2. over -utilization of the species for commercial, recreational, scientific, or educational
purposes;
3. disease or predation;
4. inadequacy of existing regulatory mechanisms; and,
5. other natural or manmade factors affecting its continued existence.
Additionally, the USFWS and NMFS periodically publish a Notice of Review or Notice of
Reclassification in the Federal Register that presents an updated list of plant and animal
taxa which are regarded as Candidate or species proposed for possible addition to the
Lists of Endangered and Threatened Wildlife and Plants.
An Endangered species is a taxon "in danger of extinction throughout all or a significant
portion of its range" (ESA, Section 3). A Threatened species is a taxon "likely to become
an Endangered species within the foreseeable future throughout all or a significant
portion of its range" (ESA, Section 3). Candidate species are "taxa for which the Service
has on file enough substantial information on biological vulnerability and threat(s) to
support proposals to list them as Endangered or Threatened. Proposed rules have not
yet been issued because this action is precluded at present by other listing activity.
Development and publication of proposed rules on these taxa are anticipated. The
Service encourages State and other Federal agencies as well as other affected parties
to give consideration to these taxa in environmental planning." (Federal Register,
February 28, 1996). Taxa formerly considered as `Category 1' are now considered as
`Candidate'. A Federal Species of Concern (FSC) is a species under consideration for
listing, for which there is insufficient information to support listing at that time. FSCs may
or may not be listed in the future, and many of these species were formerly recognized
as "C2" Candidate species.
2 Methods
2.1 Action Area
A site assessment for Federally listed Endangered, Threatened, and Candidate Species
includes a thorough search of historical and recent records for potential and known
occurrences of species on and in the vicinity of the proposed project site. Initially, we
define the Action Area as a one -mile zone around the property boundaries. The Action
Area may include species that occur nearby, but not necessarily on, the proposed project
site. The Action Area is defined this way because species may be affected (positively or
negatively) by the project that exists in a nearby geographic area. For example, certain
aquatic species may appear on the species list because a project could cause
downstream effects, such as sedimentation, on the species. The Action Area also may
vary depending on the activities associated with the proposed project (e.g., construction,
operational, or maintenance activities) and its potential direct and indirect effect on the
species identified in the vicinity. For example, operational impacts associated with
lighting or noise could affect species that occur away from the project site. In most
cases, the Action Area contracts to an area no less than the proposed project boundary
but remains species dependent. If applicable, the species dependent Action Area is
further defined in the individual species account below.
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

2.2 Information, Planning and Conservation System
A record search of the USFWS website is conducted to determine what species are
known or believed to occur within the County of the proposed project. The USFWS's
Information, Planning, and Conservation System (IPaC) mapping tool also is used to
generate a list of Endangered, Threatened, and Candidate species, and/or designated
Critical Habitat. Species on the IPaC list include species that may be affected by your
project and could include species that exist in another geographic area.
2.3 North Carolina Natural Heritage Program
The North Carolina Department of Environment and Natural Resources (NCDENR),
North Carolina Natural Heritage Program (NCNHP) GIS database is searched to
determine what species or rare natural communities (element occurrences) are known to
occur within a one -mile radius of the approximate center of the project site. A list of the
Endangered, Threatened, and rare species and communities known to occur within the
quadrangle(s) of the proposed project site is generated for the field search. This list
indicates what species have been reported as occurring in the State, each county, and
within each quadrangle. This is not a complete listing of what exists as no
comprehensive survey of the state has ever been conducted. The list also provides the
last date of observation and accuracy of the observation. Natural and Managed areas,
such as parks, open space, and greenways, known to occur within a one -mile radius of
the approximate center of the project site also are documented.
2.4 Field Assessment
A site assessment also includes a pedestrian survey of the proposed project site by
botanists and biologists with specialized experience in the identification of Endangered,
Threatened, and Candidate species. Atlas Environmental staff identify potentially
suitable habitat for Federally listed species within the project review area based on the
species' known and preferred habitat requirements reported in the IPaC and NCNHP
reviews. The project review area is then traversed to evaluate all potentially suitable
habitat areas for the presence of Federally listed Endangered, Threatened, and
Candidate species.
3 Results
3.1 Information, Planning and Conservation System
A search of the USFWS's IPaC website (www.ecos.fws.gov/ipac) identified Federally
listed Endangered, Threatened, and Candidate species that could occur within the
proposed project review area or be impacted downstream (Appendix A). These species
include: 1) Tricolored Bat (Perimyotis subf/avus), a Proposed Endangered mammal; 2)
Monarch Butterfly (Danaus plexippus), a Candidate butterfly; 3) Dwarf -flowered Heartleaf
(Hexastylis naniflora), a Threatened flowering plant; 4) Michaux's Sumac (Rhus
michauxii), an Endangered flowering plant; and 5) Schweinitz's Sunflower (Helianthus
schweinitzii), an Endangered flowering plant. No Critical Habitat has been designated for
any species within the Action Area.
3.2 North Carolina Natural Heritage Program
A search of the NCNHP website (www.ncnhp.org/web/nhp/database-search) identified
one historic element occurrence of Federally listed Endangered or Threatened species
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

within a one -mile radius of the project site (Appendix B; Michaux's Sumac (Rhus
michauxii), EO ID 12037, last observed 1917-Pre). Two element occurrences of rare
species and species or habitats of conservation concern were documented within a one -
mile radius of the project site (Carolina Foothills Crayfish (Cambarus johni), EO ID 38118,
last observed 2017-06-28; Seagreen Darter (Etheostoma thalassinum), EO ID 32459,
last observed 1993-06-29). No Natural areas were documented to exist within a one -mile
radius of the project site. No Managed areas were documented to exist within a one -mile
radius of the project site.
3.3 Field Assessment
The field assessment of the project review area was completed on September 29 and
October 12, 2023. The species identified through the IPaC and NCNHP review have the
potential to exist within the project review area or be potentially impacted by the proposed
project. Each of these species are described below, including the typical features,
suitable habitat requirements, and other related observations by Atlas Environmental.
3.3.1 Tricolored Bat (Perimyotis subf/avus)
The Tricolored Bat is a species of microbat native to Eastern North America. It was
formerly known as the Eastern Pipistrelle, based on the incorrect belief that it was closely
related to European Pipistrellus species. Its common name derives from the coloration of
the hairs on its back, which have three distinct color bands: dark gray at the base, buffy
(yellowish brown) in the middle, and brown or reddish brown at the tip. It is the smallest
bat species in the Eastern and Midwestern US, with individuals weighing 0.16-0.28 oz.
The Tricolored Bat is a seasonal breeder, with copulation (mating) occurring in the fall
before hibernation. Ovulation does not occur until the spring, however, and females store
the males' sperm in their uteruses through the winter. Gestation length is about forty-four
days, with females giving birth in June or July. The litter size is typically two individuals.
As newborns, the combined mass of twin pups can be as great as 58% of the mother's
postpartum mass. At birth, the young lack fur and their eyes are closed. The mother
leaves the offspring behind at the roost while she forages at night. Offspring develop
rapidly, beginning to fly at three weeks old. By four weeks old, they are foraging for
themselves. Young do not reach sexual maturity in their first fall; they do not breed until
their second fall. Individuals can live 15 years in the wild; juveniles have higher mortality
rates than adults, and females have higher mortality rates than males.
During the summer, the Tricolored Bat will roost in tree foliage or buildings, with females
alone or in maternity colonies of up to thirty individuals. Trees used for this purpose
include oak, maple, the eastern cottonwood, and American tulip tree. Males are solitary
and do not form colonies. In the winter, the Tricolored Bat hibernates in mines, caves, or
other human structures. A study of a mine in Nebraska found that in the summer, the
mine was mostly occupied by males, ranging from zero to forty-three individuals. Bats
were in a state of torpor from November to April. More bats used the mine as a roost in
the winter than in the summer. In another abandoned mine in Indiana, researchers found
that the Tricolored Bat roosts solitarily during hibernation most of the time.
The Tricolored Bat is insectivorous, consuming small prey such as mosquitoes, beetles,
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ants, moths, and cicadas. It forages with slow, erratic flight in areas near water or forest
edges. It is one of the first bat species to begin foraging each night. It navigates and
searches for prey via echolocation. The Tricolored Bat's natural predators include the
northern leopard frog, birds of prey, raccoons, snakes, skunks, and prairie voles. Feral
cats will also catch and kill them as they leave their hibernacula. There also are records
of it being attacked by the Hoary Bat.
The Tricolored Bat is common throughout eastern North America, with the southern
extent of its range in Central America and the northern extent in southern Canada. Its
range has expanded since the 1980s, with westward expansion reaching Colorado, New
Mexico, South Dakota, and Wyoming. Additionally, its range started to include the Great
Lakes Basin.
The Tricolored Bat has experienced severe population decline because of the fungal
disease White -nose syndrome, which arrived in the US in 2006, with losses of 70% and
greater detected in multiple US states. The disease kills bats by colonizing their skin
during the winter, causing them to arouse from torpor and burn through their limited fat
reserves. Though its population experienced dramatic reduction, subsequent studies
have found that their numbers may be stabilizing.
The Tricolored Bat was proposed for listing as Endangered under the ESA on September
13, 2022. Proposed Endangered (PE) species are not protected by the take prohibitions
of Section 9 (Prohibited Acts) of the ESA until the rule to list is finalized. Under Section
7(a)(4) of the ESA, federal agencies must confer with the Service if their action will
jeopardize the continued existence of a proposed species.
3.3.2 Monarch Butterfly (Danaus plexippus)
Adult Monarch butterflies are large and conspicuous, with bright orange wings with a
black border and covered with black veins. The black border has a double row of white
spots, present on the upper side of the wings. Adult Monarchs are sexually dimorphic,
with males having narrower wing venation and scent patches. The bright coloring of a
monarch serves as a warning to predators that eating them can be toxic.
During the breeding season, Monarchs lay their eggs on their obligate milkweed host
plant (primarily Asclepias spp.), and larvae emerge after 2 to 5 days. Larvae develop
through five larval instars (intervals between molts) over a period of 9 to 18 days, feeding
on milkweed and sequestering toxic chemicals as a defense against predators. The larva
then pupates into a chrysalis before emerging 6 to 14 days later as an adult butterfly.
There are multiple generations of Monarchs produced during the breeding season, with
most adult butterflies living approximately 2 to 5 weeks; overwintering adults enter
reproductive diapause (suspended reproduction) and live 6 to 9 months. In many regions
where Monarchs are present, they breed year-round.
Individual Monarchs in temperate climates, such as Eastern and Western North America,
undergo long-distance migration, and live for an extended period. In the fall, in both
Eastern and Western North America, Monarchs begin migrating to their respective
overwintering sites. This migration can take Monarchs distances of over 2000 miles and
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last for more than two months. In early spring (February -March), surviving Monarchs
break diapause and mate at the overwintering sites before dispersing. The same
individuals that undertook the initial southward migration begin flying back through the
breeding grounds and their offspring start the next cycle of generational migration.
The Monarch butterfly is a Candidate species and not yet listed or proposed for listing.
There generally are no ESA protections or Section 7 (Interagency Cooperation)
requirements for Candidate species, but the USFWS encourages any opportunity to
conserve the species.
3.3.3 Dwarf -flowered Heartleaf (Hexastylis nanif/ora)
Dwarf -flowered Heartleaf is an evergreen perennial that grows low to the ground in the
foothills and piedmont of North Carolina. Dwarf -flowered Heartleaf is a rhizomatous
perennial herb forming a small patch on the ground, the leaves emerging from the
underground rhizome. The evergreen leaves have leathery heart -shaped blades,
typically 4 to 5 inches long. The plant produces one new leaf per year. The plant flowers
from mid -March to early June, although flowers may persist after the flowering period.
The fleshy brown flowers are jug -shaped and may remain buried in the leaf litter. Definite
identification of the species is completed by measurements of the flower, however it can
be differentiated from other species, such as H. arifolia, by leaf shape and dimensions.
Dwarf -flowered Heartleaf occurs in oak -hickory -pine plant communities. It typically grows
on slopes near streams in moist, acidic soils and usually on North facing slopes. The
plant is known from the Piedmont region of southern North Carolina and northern South
Carolina. The primary threat to the species was loss and degradation of its habitat.
Much of the plant's historical habitat was converted to agriculture, particularly peach
orchards, and developed into residential areas.
Dwarf -flowered Heartleaf was Federally listed as Threatened wherever found on April 14,
1989. The USFWS proposed to remove the Dwarf -flowered Heartleaf from the Federal
List of Endangered and Threatened Plants on April 26, 2021. The proposed delisting is
based on a thorough review of the best available scientific and commercial data, which
indicate that the threats to the species have been eliminated or reduced to the point that
the species no longer meets the definition of a Threatened species under the ESA. A
final decision on Dwarf -flowered Heartleaf has not been published. No Critical Habitat
has been designated for the Dwarf -flowered Heartleaf.
3.3.4 Michaux's Sumac (Rhus michauxii)
Michaux's Sumac is a rhizomatous, densely hairy shrub, with erect stems from 1 to 3 feet
in height. The compound leaves contain evenly serrated, oblong to lanceolate,
acuminate leaflets. Most plants are unisexual; however, more recent observations have
revealed plants with both male and female flowers on one plant. The flowers are small,
borne in a terminal, erect, dense cluster, and colored greenish yellow to white. Flowering
usually occurs from June to July; while the fruit, a red drupe, is produced through the
months of August to October. Michaux's Sumac grows in sandy or rocky open woods in
association with basic soils. The habitat area is moister than surrounding habitat types.
The plant survives best in areas where some form of disturbance has provided an open
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area so it can receive sunlight. In North Carolina, several populations of Michaux's
Sumac are known to occur on highway right-of-ways, roadsides, or on the edges of
artificially maintained clearings; additional populations are known to occur in areas with
periodic fires, or on sites undergoing natural succession.
Michaux's Sumac is threatened by the loss and degradation of its habitat and by barriers
to reproduction. Much of its habitat has been cleared for residential, industrial, and
agricultural operations, including silviculture, and the construction of roads. As the plant
requires open habitat, it may arise in artificially cleared areas such as roadsides. There it
is vulnerable to destruction from construction, maintenance, and herbicides. This plant
also has difficulty reproducing. It is clonal, often reproducing vegetatively, so populations
are low in genetic variability. One major reproductive problem is that many populations
are composed entirely of one sex. Furthermore, the populations are small and very
widely spaced, making reproduction impossible.
Michaux's Sumac was Federally listed as Endangered wherever found on September 28,
1989. No Critical Habitat has been designated for Michaux's Sumac. The optimal survey
window is May through October.
3.3.5 Schweinitz's Sunflower (Helianthus schweinitzii)
Schweinitz's Sunflower is a perennial wildflower endemic to the Piedmont physiographic
province of North Carolina and South Carolina. It is a member of the sunflower family
(Asteraceae) and is one of the rarest species of sunflower in the United States.
Schweinitz's Sunflower grows 6 to 7 feet in height (though it can be shorter is young or
injured) and can occasionally reach heights of 16 feet. It has thickened roots that are
used by the plant to store starch. The stem is purplish in color and usually solitary,
branching only at or above mid -stem at 45-degree angles. The leaves are arranged in
pairs on the lower parts of the stem but usually occur singly (or alternate) on the upper
parts. Leaves are attached to the stem at right angles and the tips of the leaves tend to
droop. The leaves are thick and stiff, with a rough upper surface. The upper leaf
surfaces have broad spiny hairs that are directed toward the tip of soft white hairs cover
the underside. The species flowers from late August until frost.
Schweinitz's Sunflower generally is found growing in Xeric Hardpan Forests openings
and along roadside rights -of -way, maintained power lines and other utility rights -of -way,
edges of thickets and old pastures, clearings and edges of upland oak -pine -hickory
woods and Piedmont longleaf pine forests, and other sunny or semi -sunny habitats
where disturbances (e.g., mowing, clearing, grazing, blow downs, storms, frequent fire)
help create open or partially open areas for sunlight. Schweinitz's Sunflower occurs in
full to partial sun and is intolerant of full shade and excessive competition from other
vegetation. Schweinitz's sunflower occurs in a variety of soil series, including Badin,
Cecil, Cid, Enon, Gaston, Georgeville, Iredell, Mecklenburg, Misenheimer, Secrest,
Tatum, Uwharrie, and Zion. It is found growing on shallow sandy soils with high gravel
content; shallow, poor, clayey hardpans; or shallow rocky soils, especially those derived
from mafic rocks.
Schweinitz's Sunflower was Federally listed as Endangered on May 7, 1991. The
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USFWS recently completed a 5-Year Review of the species (dated December 2019) and
found that no change in the listing status of the species was warranted. No Critical
Habitat has been designated for Schweinitz's Sunflower. The optimal surveying window
is during flowering from late August through October.
4 Findings and Determinations
The following findings and determinations are based on the review of available resources
including IPaC and NCNHP websites, applicable regulatory guidelines, and the field
assessment performed by Atlas Environmental.
4.1 Tricolored Bat
According to the USFWS IPaC and NCNHP websites, the Tricolored Bat is known, or
believed, to occur in the proposed project County. Because the Tricolored Bat is a
Proposed Endangered species, the species is not protected by the take prohibitions of
Section 9 (Prohibited Acts) of the ESA until the rule to list is finalized. Under Section
7(a)(4) of the ESA, federal agencies must confer with the USFWS if their action will
jeopardize the continued existence of a proposed species.
4.2 Monarch Butterfly
According to the USFWS IPaC and NCNHP websites, the Monarch butterfly is known, or
believed, to occur in the proposed project County. No occurrences of Monarch butterflies
were observed within the Action Area. Because the Monarch butterfly is a Candidate
species and not yet listed or proposed for listing, there generally are no ESA protections
or Section 7 (Interagency Cooperation) requirements for Candidate species.
4.3 Dwarf -flowered Heartleaf
According to the USFWS IPaC and NCNHP websites, Dwarf -flowered Heartleaf is
known, or believed, to occur in the proposed project County, but there are no reported
occurrences of the species within the Action Area. The optimal survey window for Dwarf -
flowered Heartleaf is March through May. Atlas Environmental thoroughly traversed all
areas within the Action Area.
Aquatic resources in the form of wetlands and streams were observed within the forested
area of the property. Suitable habitat was identified for Dwarf -flowered Heartleaf,
especially along the stream banks and wetland areas. Several Hexastylis arifolia plants
were observed within the Action Area. Identification was based on evergreen leaf
morphology. However, no members of the Virginica, Shuttleworthii, or Heterophylla
subgroups within the genus Hexastylis (sensu Gaddy 1987) were observed anywhere
within the Action Area. No Dwarf -flowered Heartleaf were observed within the Action
Area. As a result, we have proposed a "May Affect, Not Likely to Adversely Affect"
determination for the Dwarf -flowered Heartleaf.
4.4 Michaux's Sumac
According to the USFWS IPaC and NCNHP websites, Michaux's Sumac is known, or
believed, to occur in the proposed project County, but there are no reported occurrences
of the species within the Action Area. The optimal survey window for Michaux's Sumac is
May through October. Atlas Environmental thoroughly traversed all areas within the
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Action Area during the optimal survey window.
Most of the property is forested habitat that does not provide suitable habitat for
Michaux's Sumac. The lawns around the existing industrial development are mowed and
well maintained in fescue (Festuca sp.), and do not provide suitable habitat for Michaux's
Sumac. Open areas and edge habitats exist along the perimeter of the developed
portion of the site. However, these areas are also largely maintained and do not provide
suitable habitat for Michaux's Sumac. Edges around the perimeter of the developed
property are not disturbed frequently enough to provide suitable habitat for Michaux's
Sumac. These areas were thick with woody vegetation. An open area near the old pond
has been cut over creating an opening in the forest but has regrown with thick vegetation.
Nevertheless, we assessed all open areas and edge habitats throughout the project site
during the optimal survey window for the occurrence of Michaux's Sumac. No individual
plants of Michaux's Sumac were found during the site assessment. As a result, we have
proposed a "No Effect" determination for Michaux's Sumac.
4.5 Schweinitz's Sunflower
According to the USFWS IPaC and NCNHP websites, Schweinitz's Sunflower is known,
or believed, to occur in the proposed project County, but there are no known occurrences
of the species within the Action Area. The optimal survey window for Schweinitz's
Sunflower is late August through October. Atlas Environmental thoroughly traversed all
areas within the Action Area during the optimal survey window.
Most of the property is forested habitat that does not provide suitable habitat for
Schweinitz's Sunflower. The lawns around the existing industrial development are
mowed and well maintained in fescue (Festuca sp.), and do not provide suitable habitat
for Schweinitz's Sunflower. Open areas and edge habitats exist along the perimeter of
the developed portion of the site. However, these areas are also largely maintained and
do not provide suitable habitat for Schweinitz's Sunflower. Edges around the perimeter
of the developed property are not disturbed frequently enough to provide suitable habitat
for Schweinitz's Sunflower. These areas were thick with woody vegetation.
Nevertheless, we assessed all open areas and edge habitats throughout the project site
during the optimal survey window for the occurrence of Schweinitz's Sunflower. No
individual plants of Schweinitz's Sunflower were found during the site assessment. As a
result, we have proposed a "No Effect" determination for Schweinitz's Sunflower.
4.6 Species and Effects Determination Summary Table
Species
Listed
Status
Habitat
Present
Species
Present
Effects Determination
Tricolored Bat
PE
--
--
N/A
Monarch Butterfly
C
--
--
N/A
Dwarf -flowered Heartleaf
T
Yes
No
May Affect,
Not Likely to Adversely Affect
Michaux's Sumac
E
No
No
No Effect
Schweinitz's Sunflower
E
No
No
No Effect
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5 Conclusions
5.1 Summary
Atlas Environmental has completed the Endangered and Threatened species
assessment for the subject project. No Federally listed Endangered or Threatened
species were observed within the Action Area. No Federally listed species is expected to
be adversely affected, or Critical Habitat adversely modified, by the proposed project. No
other Federally listed Endangered or Threatened species or their habitats were observed
within the project review area.
5.2 Permitting
If impacts to regulated waters or wetlands are required to develop the property, Condition
18 of Nationwide Permit (NWP) 39 is applicable as follows:
1. Endangered Species. (a) No activity is authorized under any NWP which
is likely to directly or indirectly jeopardize the continued existence of a Threatened or
Endangered species or a species proposed for such designation, as identified under the
ESA, or which will directly or indirectly destroy or adversely modify the critical habitat of
such species. No activity is authorized under any NWP which "may affect" a listed
species or critical habitat, unless ESA Section 7 consultation addressing the effects of
the proposed activity has been completed. Direct effects are the immediate effects on
listed species and critical habitat caused by the NWP activity. Indirect effects are those
effects on listed species and critical habitat that are caused by the NWP activity and are
later in time, but still are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with
the requirements of the ESA. If pre -construction notification is required for the
proposed activity, the Federal permittee must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements. The
district engineer will verify that the appropriate documentation has been submitted. If
the appropriate documentation has not been submitted, additional ESA Section 7
consultation may be necessary for the activity and the respective Federal agency would
be responsible for fulfilling its obligation under Section 7 of the ESA.
(c) Non -Federal permittees must submit a pre -construction notification to the
district engineer if any listed species or designated critical habitat might be affected or is
in the vicinity of the activity, or if the activity is located in designated critical habitat, and
shall not begin work on the activity until notified by the district engineer that the
requirements of the ESA have been satisfied and that the activity is authorized. For
activities that might affect Federally listed Endangered or Threatened species or
designated critical habitat, the pre- construction notification must include the name(s) of
the Endangered or Threatened species that might be affected by the proposed activity
or that utilize the designated critical habitat that might be affected by the proposed
activity. The district engineer will determine whether the proposed activity "may affect"
or will have "no effect" to listed species and designated critical habitat and will notify the
non -Federal applicant of the Corps' determination within 45 days of receipt of a
complete pre -construction notification. In cases where the non -Federal applicant has
identified listed species or critical habitat that might be affected or is in the vicinity of the
activity, and has so notified the Corps, the applicant shall not begin work until the Corps
has provided notification that the proposed activity will have "no effect" on listed species
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or critical habitat, or until ESA Section 7 consultation has been completed. If the non -
Federal applicant has not heard back from the Corps within 45 days, the applicant must
still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS
the district engineer may add species -specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the "take" of a
Threatened or Endangered species as defined under the ESA. In the absence of
separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with
"incidental take" provisions, etc.) from the FWS or the NMFS, the ESA prohibits any
person subject to the jurisdiction of the United States to take a listed species, where
"take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect,
or to attempt to engage in any such conduct. The word "harm" in the definition of "take"
means an act which actually kills or injures wildlife. Such an act may include significant
habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding or
sheltering.
(f) If the non -Federal perm ittee has a valid ESA Section 10(a)(1)(B) incidental
take permit with an approved Habitat Conservation Plan for a project or a group of
projects that includes the proposed NWP activity, the non -Federal applicant should
provide a copy of that ESA Section 10(a)(1)(B) permit with the PCN required by
paragraph (c) of this general condition. The district engineer will coordinate with the
agency that issued the ESA Section 10(a)(1)(B) permit to determine whether the
proposed NWP activity and the associated incidental take were considered in the
internal ESA Section 7 consultation conducted for the ESA Section 10(a)(1)(B) permit. If
that coordination results in concurrence from the agency that the proposed NWP activity
and the associated incidental take were considered in the internal ESA Section 7
consultation for the ESA Section 10(a)(1)(B) permit, the district engineer does not need
to conduct a separate ESA Section 7 consultation for the proposed NWP activity. The
district engineer will notify the non -Federal applicant within 45 days of receipt of a
complete pre -construction notification whether the ESA Section 10(a)(1)(B) permit
covers the proposed NWP activity or whether additional ESA Section 7 consultation is
required.
(g) Information on the location of Threatened and Endangered species and
their critical habitat can be obtained directly from the offices of the USFWS and NMFS
or their world wide web pages at http-//www.fws.gov/ or http-//www.fws.gov/ipac_and
http-//www.nmfs.noaa.gov/pr/species/esa/ respectively.
5.3 Conclusion
This concludes the subject project review and report of findings for Federally listed
Endangered, Threatened, and Candidate species. We appreciate the opportunity to
provide these services. Please feel free to call with questions or comments.
David Rabon, Ph.D.
Senior Environmental Specialist
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Appendix A: IPaC Report
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�F4 -V-
United States Department of the Interior/
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0132497
Project Name: Sennebogen Trail
November 29, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed 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.).
Please note that new species information can change your official species list. 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. The Service recommends you visit the EC05-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species 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 cany 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 (BA) or biological evaluation (BE) Should he completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be 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))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. Effects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other
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1112912023
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BABE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BABE can be found at the following web link:
http s://www.fws.p-ovlo f f ice/asheville-ec o to gic al- servi ces/a shevi Ile -f ield-o f f ice -online -review -
process -overview.
If a Federal agency determines 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. The Service is not required to concur with "no effecC determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: htti2s://www.fws.y-oWmedia/endan ee red -species -consultation -
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, 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 Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws. oy/pro r� atory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
■ Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Bald & Golden Eagles
■ Migratory Birds
• Wetlands
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
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1112912023
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:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]
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PROJECT SUMMARY
Project Code: 2023-0132497
Project Name: Sennebogen Trail
Project Type: Commercial Development
Project Description: Industrial Development
Project Location:
The approximate location of the project can be viewed in Google Maps: ht_ ws:/r
www.google.com/maps/6D35.4199384.-81.01723509964933.14z
Lowest
Counties: Lincoln County, North Carolina
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1112912023
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.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Tricolored Bat Perlmyods subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https:f/ecos.fws.gov/ecp/species/10515
INSECTS
NAME STATUS
Monarch Butterfly Danaus piexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:1/ecos.fws.Pov/ecplspecies/9743
FLOWERING PLANTS
NAME
STATUS
Dwarf -flowered Heart -leaf Hexastylis naniflora
Threatened
No critical habitat has been designated for this species.
Species profile: httos://ecos.fws.povlecUlUecies/2458
Michaux's Sumac Rhus michauxii
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Schweinitz's Sunflower Helianthus schweinitzli
Endangered
No critical habitat has been designated for this species.
Species profile: httns://ecos.fws. ov/ecp/species/3849
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338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
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1112912023
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFFIICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON AI.I.
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.
1111:N 7M■:1&K61Ma1--13MAVLSI: 1:17Ix.'&"AjIN: Il.r,011i A a 1031X"IV417W.111
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act' and the
Migratory Bird Treaty Actz.
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 below.
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 NO BALD AND GOLDEN EAGLES WTTHTN THE VICINITY OF YOUR PROJECTAREA,
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle
Protection Acts.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
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11/29/2023
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME BREEDING SEASON
Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug
This is a Bird of Conservation Concern (BCC) throughout its range in the 25
continental USA and Alaska.
httvs: tiecos.fws. govlecplspecies/9406
Rusty Blackbird Euphagus carollnus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in partictilar Bird
Conservation Regions (BCRs) in the continental USA
https:Uecos.fws.gov/ecpLpecies/9478
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 the supplemental
information and specifically the FAQ "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
Chimney Swift —_—_ _+__ +��;--_ —__— _—V
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1112912023
BCC Rangewide
(CON)
Rusty Blackbird — — — — — --_— --_— '
BCC -BCR
Additional information can be found using the following links:
• Eagle Management htWs://www.fws.gav/pro rg am/eaale-mana ement
• Measures for avoiding and minimizing impacts to birds hus://www.fws.gov/library
call ections/avoiding-and-minimizing-incidental-take-migratory-birds
■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
d o curn en is/nationwide -standard-conservation -m ea sures.p d f
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fwLgov/
media/sup p leme ntal-inf orm ation-migratory-birds -and-bald-and- golden -eagle s-may-occ ur-
project-action
WETLANDS
Impacts to NWt 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 NWT 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.
RIVERINE
• R4SBC
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338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
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1112912023
IPAC USER CONTACT INFORMATION
Agency:
Atlas Environmental
Name:
David Ration
Address:
338 S Sharon Amity Rd
Address Line 2:
#411
City:
Charlotte
State:
NC
Zip:
28211
Email
[e-mail]
Phone:
7045121206
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 23

Appendix B: NCNHP Report
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 24

Ray Coopet, Cwver T
now
■� 8 NC DEPARTMENT OF D. Re+d Wilwn,5ecretary
GORE NATURAL AND CULTURAL RESOURCES
■ ■■ Misty Buchanan
September 25, 2023
Jennifer Robertson
Atlas Environmental, Inc.
338 S. Sharon Amity Road
Charlotte, NC 28211
RE: 5ennebogen Trail, 20230925
Dear Jennifer Robertson:
Aeputy Diretlor, Natural Heritage Prepam
NCNHDE-23429
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists_ Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, If any, are also included in this report.
if a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httos //www.fws_ciov/offices/❑Irectory/DstOffices.cf m?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning. project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact the NCNHP at natural.herltage(&dncr.nc.gov.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
`,p] 121 W. }ONES STREET. RALUGH, NC 27603 • 1E51 MAIL SERVICE CENTER. RAt.r'
® OPC9M..707,WO • PAX 9i97079Q1
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 25

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338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 27

Appendix C: Resource Maps
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 28

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338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
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Sa+l Map —Lincoln County. Nomh Carolina
Review Area 20230925
Map Unit Legend
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Page 3 of 3
Project Name: Sennebogen Trail
�,M
AIIIIINIIINTALFor:
Location: 1957 Senneba en Trail, Stanley, North Carolina 28164
SC Hondros & Associates Attn: Marie Murray
Figure: 13c
Coordinates: 35-420411 °, -81 A16897°
Date: September 25, 2023
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ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com /Offices in Asheville and Charlotte 46

ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 47

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ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 49

ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 50

Appendix D: Site Photographs and Location Map
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 51

Site Photographs: September 29 and October 12, 2023
1: CH 100 perennial at Northwest review area
boundary
2:
. op -
CH 100 perennial at flag 104
3: CH 108 at intermittent transition point (flag
108 downstream)
4: CH 100 at intermittent transition point (flag
108 upstream)
5: CH 100 at flag 110
6: CH 100 at flag 118
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 52

Site Photographs: September 29 and October 12, 2023
7: CH 100 at flag 129
8: CH 100 at flag 137
9: CH 100 at head cut (endpoint)
10: CH 200 at confluence with CH 100
11: CH 200
12: CH 200 at flag 201
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 53

Site Photographs: September 29 and October 12, 2023
13: CH 200 at flag 205
r
14: CH 200 at flag 211
15: CH 300 at Northeast review area boundary
16: CH 300 at flag 303
17: CH 300 at flag 308
18: Non -JD feature #1
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 54

Site Photographs: September 29 and October 12, 2023
19: Non -JD feature #2
20: Non -JD feature #3
21: Non -JD feature #4
M1
22: Non -JD feature #5
23: Typical forested area
24: Typical vegetation above head of CH 100
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 55

Site Photographs: September 29 and October 12, 2023
25: Typical vegetation above head of CH 100 28: Hexastylis arifolia
M1•it • ,•-'-f *fir. -` �.r� '�•
26: Maintained edge along existing 29: Hexastylis arifolia on CH 100 intermittent
development stream (flag 110 upstream)
{�..cay .. - � 4;w air-;.:,�'.,�+•.,, . •. • �..
27: Maintained edge along existing 30: Hexastylis arifolia on CH 100 intermittent
development (flag 115 upstream)
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 56

Site Photographs: September 29 and October 12, 2023
31: Hexastylis arifolia on CH 200 at property
line
32: Hexastylis arifolia on CH 200 at property
line
y�y
fill -
A' e ..
33: Hexastylis arifolia on CH 100 intermittent
(flag 122 upstream)
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34: Hexastylis arifolia on CH 100 intermittent
(flag 122 upstream)
a
35: Hexastylis arifolia on CH 100 intermittent at
head cut (flag 140 upstream)
36: Hexastylis arifolia near non -JD feature #4
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 57

Site Photographs: September 29 and October 12, 2023
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37: Hexastylis arifolia near non -JD feature #4
38: Hexastylis arifolia near CH 300 (flag 310
downstream) near property line
39: Hexastylis arifolia near CH 300 (flag 310
downstream) near property line
40: Front of existing industrial development
41: Side of existing industrial development
42: Side of existing industrial development
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte 58

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Hwy; _ j:
'
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
CHARLOTTE REGULATORY OFFICE
8430 UNIVERSITY EXECUTIVE PARK DRIVE, SUITE 615
.'
i
CHARLOTTE NORTH CAROLINA 28262
October 17, 2023
Regulatory Program/Division
Mark Murray
SC Hondros & Associates
1957 Sennebogen Trail
Stanley, NC 28164
Via Email: [e-mail]
Dear Mr. Murray:
This letter is in response to your request to the Wilmington District, Charlotte
Regulatory Office for a preliminary jurisdictional determination (PJD). The project/review
area is located at 1957 Sennebogen Trail, at Latitude 35.421469 and Longitude -
81.020678; in Lowesville, Lincoln County, North Carolina. The review area for this
determination is limited to an approximately 32.501 acre(s) area (optional: comprised of
one (1) parcels (parcel numbers: 3691941330)), which is illustrated on the enclosed site
maps. This project has been assigned the file number SAW-2023-02005 (Sennebogen
Trail). This file number should be referenced in all correspondence concerning this
project.
Based on our review of the information you furnished, a site inspection conducted on
Desktop Delineation, and other information available to our office, we have preliminarily
determined the above -referenced area may contain approximately 1,696 Linear Feet of
waters of the United States under the U.S. Army Corps of Engineers (Corps) regulatory
jurisdiction. These waters are identified in the enclosed site maps, Sennbogen Trail
dated October 5, 2023, and include see table below. This determination was made in
accordance with the Corps regulatory authority pursuant to Section 404 of the Clean
Water Act, and based upon criteria contained in the 1987 Corps of Engineers Wetland
Delineation Manual and the Eastern Mountains and Piedmont regional supplement.
Section 404 of the Clean Water Act requires a Department of the Army (DA) permit
be obtained prior to the discharge of dredged or fill material into waters of the United
States, including wetlands. Section 10 of the Rivers and Harbors Act of 1899 requires a
DA permit be obtained for any work in, on, over or under navigable waters of the United
States.
For purposes of computation of impacts, compensatory mitigation requirements, and
other resource protection measures, a permit decision made based on a preliminary
jurisdictional determination will treat all waters including 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 jurisdictional determination, which is an appealable action, by
contacting the Corps district for further instructions. Please sign and return the
attached PJD form within 30 days of receipt. If a signed PJD form is not received within
30 days of the date of this letter, the Corps will presume concurrence.
This determination has been conducted to identify the limits of Corps' Clean Water
Act jurisdiction for the review area identified in this request. The determination may not
be valid for the wetland conservation provisions of the Food Security Act of 1985. If you
or your tenant are USDA Program participants, or anticipate participation in USDA
programs, you should request a certified wetland determination from the local office of
the Natural Resources Conservation Service, prior to starting work.
You are cautioned that work performed in areas which may be waters of the United
States, as indicated in the preliminary JD, without a Department of the Army permit
could subject you to enforcement action.
If you have any questions concerning this correspondence, please contact Krystynka
Stygar, Regulatory Program Manager of the Charlotte Regulatory Office at 252-545-
0507, by mail at the above address, or by email at [e-mail] .
Please take a moment to complete our customer satisfaction survey located at
https-//regu latory.ops. usace.army. m it/customer-service-survey/.
Sincerely,
Krystynka Stygar
Regulatory Program Manager
Enclosures
cc: Jennifer Robertson, Atlas Environmental (via [e-mail])

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 10/17/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Mark Murray, 1957 Sennebogen Trail LATITUDE,
Stanley, NC 28164
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Sennebogen Trail, SAW-2023-02005
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION The project/review area is located at 1957
Sennebogen Trail, Lowesville, Lincoln County, North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC
RESOURCES AT DIFFERENT SITES)
State: North Carolina County: Lincoln City: Lowesville
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.421469 Longitude:-81.020678
Universal Transverse Mercator:
Name of nearest waterbody: Killian Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
®Office (Desk) Determination. Date: 10/17/2023
❑ Field Determination. Date(s): Desktop Delineation
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Site Number
Latitude
Longitude
Estimated amount of
Type of aquatic resources
Geographic
(decimal
(decimal
aquatic resources in
(i.e., wetland vs. non-
authority to
degrees)
degrees)
review area (acreage
wetland waters)
which the
and linear feet, if
aquatic
applicable
resource "may
be" subject
(i.e., Section
404 or Section
10/404)
CH 100 per
35.421469
-81.020678
136 Linear Feet
Non -wetland waters
Section 404
CH 100
35.420900
-81.0196120
1135 Linear Feet
Non -wetland waters
Section 404
Intermittent
CH 200
35.4206110
-81.019973
149 Linear Feet
Non -wetland waters
Section 404
CH 300
35.422315
-81.015412
276 Linear Feet
Non -wetland waters
Section 404

I . The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and
the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD
(AJD) for that review area based on an informed decision after having discussed the various types of JDs
and their characteristics and circumstances when they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has not
requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant
has elected to seek a permit authorization based on a PJD, which does not make an official determination
of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the
terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could
possibly result in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms and conditions of the
NWP or other general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the
subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of
the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement
that all aquatic resources in the review area affected in any way by that activity will be treated as
jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the
applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further,
an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of
jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that
result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there
"may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record
and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Sennbogen Trail dated 10/5/2023
❑Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: DATASHEETS LABEL dated
DATASHEETS DATE
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study: CORPS STUDY LABEL dated CORPS STUDY DATE
El U.S. Geological Survey Hydrologic Atlas:
®USGS NHD data: Figure 12 dated 9/25/2023
❑USGS 8 and 12 digit HUC maps: USGS WBD LABEL dated USGS WBD DATE
® U.S. Geological Survey map(s). Cite scale & quad name: Figure 6 dated 9/25/2023
®Natural Resources Conservation Service Soil Survey. Citation: Figure 13d dated 9/25/2023
National wetlands inventory map(s). Cite name: USFWS NWI LABEL dated USFWS NWI DATE
❑ State/local wetland inventory map(s): LOCAL NWI LABEL dated LOCAL NWI DATE
® FEMA/FIRM maps: Figure 08 dated 9/25/2023
❑ 100-year Floodplain Elevation is: ELEVATION (National Geodetic Vertical Datum of 1929)
FLOOD ELEVATION LABEL dated FLOOD ELEVATION DATE
® Photographs: ® Aerial (Name & Date): Figure 4 dated 9/25/2023
or ® Other (Name & Date): Site Photographs dated 9/29/2023
❑Previous determination(s). File no. and date of response letter: PREVIOUS DETERMINATION LABEL dated
PREVIOUS DETERMINATION DATE
® Other information (please specify):
APT Tool dated 9/29/2023 : Lidar Dated 09/25/2023
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and
should not be relied upon for later iurisdictional determinations.
/ MIR
Signature and date of Regulatory
staff member completing PJD
Krystynka Stygar
10/17/2023
Signature and date of person requesting
PJD (REQUIRED, unless obtaining
the signature is impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the
district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Mark Murray, SC Hondros & Associates
I File Number: SAW-2023-02005
Date: 10/17/2023
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL WITHOUT PREJUDICE
C
❑
PERMIT DENIAL WITH PREJUDICE
D
❑
APPROVED JURISDICTIONAL DETERMINATION
E
❑x
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.miI/Missions/Civil-Works/Regulatory-
Program-and-Permits/appeals/ 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. 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.
-1-

C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local authorization
and/or certification has been denied for activities which also require a Department of the Army permit before
final action has been taken on the Army permit application. The permit denial without prejudice is not
appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit
application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a
previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the 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.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information for reconsideration
• 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.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that justifies
reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You
may submit a request for appeal to the division engineer to preserve your appeal rights while the district
is determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you
If you have questions regarding the appeal process, or
may contact:
to submit your request for appeal, you may contact:
District Engineer, Wilmington Regulatory Division
Philip Shannin
Attn: Krystynka Stygar
Regulatory Administrative Appeal Review Officer
Wilmington District U.S. Army Corps of Engineers
U.S. Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
South Atlantic
Charlotte, North Carolina 28262
60 Forsyth Street, Room M9
Atlanta, Georgia 30303-8801
Phone: [phone]
Email: [e-mail]
-2-

SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. 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.
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 opportunity to
participate in all site investigations.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent:
Telephone number:
-3-

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