20240726 Ver 1_USACE Correspondence_20240612

Baker, Caroline D
From: Lipsky, Amber L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, June 12, 2024 2:08 PM
To: Tinklenberg, Chris
Cc: Pitner, Andrew; Lawrence, Jennifer L CIV USARMY CESAW (USA)
Subject: [External] RE: SAW-2024-00915 (Blankenship Site) Mecklenburg County- Notice of
Incomplete Application
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Good afternoon,
The Corps has determined the action areas to be the areas of impact to WOTUS and adjacent uplands.
Your PCN submission states that Impact Area D will include impacts to Stream A and Wetland AB for grading and
subsequent loss of hydrology. This area is directly within/adjacent to the utility easement which contains the potentially
suitable habitat for Schweinitz's sunflower. Even if concurrence had been obtained while the original survey was valid
and no individuals were observed, USFWS has stated their concurrence would expire with the survey.
Due to the presence of potentially suitable habitat, we cannot complete Section 7 consultation without this information
unless you would like to seek a MALAA determination and conduct formal consultation (including a comprehensive
Biological Assessment). To achieve concurrence with a MANLAA determination, a pedestrian survey must occur within
the species optimal seasonal window and within two years of the consultation request.
In conversation with USFWS regarding this site, they have recommended the site be resurveyed. They have also
recommended that Tricolor Bat (TCB) be included in the consultation since it now appears on your IPaC list and a listing
decision is expected this summer.
Please let me know if you have any questions.
Thank you,
Amber Lipsky, PWS (she/her)
Regulatory Specialist, Charlotte Regulatory Field Office
Email: [e-mail]
Office: [phone]
Mobile: [phone]
From: Tinklenberg, Chris <[e-mail]>
Sent: Tuesday, June 4, 2024 12:36 PM
To: Lipsky, Amber L CIV USARMY CESAW (USA) <[e-mail]>
Cc: Pitner, Andrew <[e-mail]>; Lawrence, Jennifer L CIV USARMY CESAW (USA)
<[e-mail]>
Subject: [Non-DoD Source] RE: SAW-2024-00915 (Blankenship Site) Mecklenburg County- Notice of Incomplete
Application
Good afternoon, Amber,
The NCNHP and IPaC reports are attached. Are you able to provide the extent of the Corps' action areas? Marginal
potentially suitable habitat for the listed botanical species is present within the Duke power easement. The proposed
1

project seeks to cross the easement with Road L (see below) which is outside any impact areas. No other areas within
the project's limits of disturbance include potentially suitable habitat for listed botanical species. While the previous
survey is no longer valid, it should be noted that no individuals were identified during the survey. Additionally, Per the
NCNHP database report, there are no known occurrences of federally listed species within 1 mile of the project
area. Please let me know if we should hop on a call to discuss further.
ENT G
•135
AAQ _
Far
.LLA !
BI
3
+N EN T
1PACT
88 SF IMMIM
SHFFT C2.3
Thanks,
Chris
IMPACI
ti. WETLA
PERMA
IMPACI
m0.026 ,
REPCR
77 LF OF PER
IMPACT
115 SF
7c,r
Chris Tinklenberg, PWS
Kimley-Horn 1 580 Kingsley Park Dr. Suite 125, Fort Mill, SC 29715
Direct: 803 881 3919 1 Mobile: [phone]
From: Lipsky, Amber L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, June 4, 2024 10:15 AM
To: Tinklenberg, Chris <[e-mail]>
Cc: [e-mail]; Pitner, Andrew <[e-mail]>; Lawrence, Jennifer L CIV USARMY
CESAW (USA) <[e-mail]>
Subject: SAW-2024-00915 (Blankenship Site) Mecklenburg County- Notice of Incomplete Application
Good morning,
Fil

I have taken over this project on behalf of Jennifer Lawrence (cc'd). The Pre -Construction Notification (PCN) for the
proposed Blankenship Site Project (SAW-2022-00915), received on May 22, 2024 is incomplete.
Based on a review of the information in the package, aerial imagery, and a current iteration of the IPaC Official Species
List, potential habitat for listed species is present onsite within the Corps action areas. When potential habitat is present,
USACE must conduct Section 7 consultation with USFWS and obtain their concurrence. In these cases, concurrence with
a MANLAA determination is sought from USFWS. To achieve this, a pedestrian survey must occur within the species
optimal seasonal window. The Threatened and Endangered Species information enclosed in your application states that
a pedestrian species survey was conducted in August 2021 and thus is outside of the two year survey validity window.
Unfortunately, without a current seasonal survey USACE cannot consider the application complete. Additionally, we
encourage you to re -run your IPaC Official Species list as the listed species in this area have been updated.
Given that the survey results are invalid, we request that you resubmit your application once the appropriate surveys
have been conducted within their respective seasonal windows.
Please contact me with any questions or concerns.
Best Regards,
Amber Lipsky, PWS (she/her)
Regulatory Specialist, Charlotte Regulatory Field Office
U.S. Army Corps of Engineers, Wilmington District
8430 University Executive Park Drive, Suite 615
Charlotte, NC 28262
Email: [e-mail]
Office: [phone]
Mobile: [phone]
3