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HomeMy WebLinkAbout20170359 Ver 3_2023 ENG 4345 Form - Grandfather GCC 20240726_signed_20240823 U.S.Army Corps of Engineers (USACE) Form Approved- APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB No.0710-0003 For use of this form,see 33 CFR 325.The proponent agency is CECW-CO-R. Expires:08-31-2023 The public reporting burden for this collection of information,OMB Control Number 0710-0003,is estimated to average 11 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or burden reduction suggestions to the Department of Defense,Washington Headquarters Services, at whs.mc-alex.esd.mbx,dd-dod-information-collections@maii.mil.Respondents should be aware that notwithstanding any other provision of law,no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.PLEASE DO NOT RETURN YOUR APPLICATION TO THE ABOVE EMAIL. PRIVACY ACT STATEMENT Authorities:Rivers and Harbors Act,Section 10,33 USC 403;Clean Water Act,Section 404,33 USC 1344;Marine Protection,Research,and Sanctuaries Act, Section 103,33 USC 1413;Regulatory Programs of the Corps of Engineers;Final Rule 33 CFR 320-332.Principal Purpose:Information provided on this form will be used in evaluating the application for a permit.Routine Uses:This information may be shared with the Department of Justice and other federal,state,and local government agencies,and the public and may be made available as part of a public notice as required by Federal law.Submission of requested information is voluntary,however,if information is not provided the permit application cannot be evaluated nor can a permit be issued.One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application(see sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.An application that is not completed in full will be returned. System of Record Notice(SORN). The information received is entered into our permit tracking database and a SORN has been completed(SORN#A1145b) and maybe accessed at the following website: http://dpcld.defense.gov/Privacy/SORNsindex/DOD-wide-SORN-Article-View/Article/57Ol l5/al l45b-ce.aspx (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPLICAN7) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE(agent is not required) First-Alan Middle- Last-Shuping First-Keven Middle- Last-Duerr Company- Grandfather Golf&Country Club Company- Hazen and Sawyer E-mail Address-ashuping@grandfatherclubnc.com E-mail Address-kduerr@hazenandsawyer.com 6. APPLICANT'S ADDRESS: 9. AGENT'S ADDRESS: Address- 2120 Highway 105 South Address- 4011 WestChase Blvd City- Linville State- NC Zip-28646 Country-USA City- Raleigh State- NC Zip-27607 Country-USA 7. APPLICANT'S PHONE NOs.WAREA CODE 10. AGENTS PHONE NOs.WAREA CODE a. Residence b. Business c. Fax a. Residence b. Business c. Fax (828)898-4531 (919)863-9350 STATEMENT OF AUTHORIZATION 11. 1 hereby authorize, Keven Duerr to act in my behalf as my agent in the processing of this application and to furnish,upon request, supplemental information in support of this permit application. 2024-08-23 SIGNATURE OF APPLICANT DATE NAME,LOCATION,AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE(see instructions) Loch Dornie Maintenance Dredging Plan 13. NAME OF WATERBODY,IF KNOWN(if applicable) 14. PROJECT STREET ADDRESS(if applicable) Linville River Address 2120 Highway 105 South 15. LOCATION OF PROJECT Latitude:-N 36.1012 Longitude:-W -81.8528 City- Linville State- NC Zip- 28646 16. OTHER LOCATION DESCRIPTIONS,IF KNOWN(see instructions) State Tax Parcel ID 185600862336 Municipality City of Linville Section- Township- Range- ENG FORM 4345, SEP 2022 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 17. DIRECTIONS TO THE SITE From Asheville,take I-40 east to exit 72 for US-70 toward Old Fort/Mountain Gateway Museum.Turn left onto Catawba River Road. Turn right onto US-70 east. In 10.2 miles,turn left onto US 221 north. Follow US 221 north for 20.9 miles,and turn right onto NC 183 south.In 4.5 miles,turn left onto NC-181 north.In 3.3 miles,take a slight right onto US-221 north.In 3.6 miles,turn left onto NC-105 north.Continue 2.2 miles,and the Grandfather Golf&Country Club entrance will be on the right. 18. Nature of Activity(Description of project,include all features) See attached Additional Information Document. 19. Project Purpose(Describe the reason or purpose of the project,see instructions) See attached Additional Information Document. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s)for Discharge 21. Type(s)of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards 22. Surface Area in Acres of Wetlands or Other Waters Filled(see instructions) Acres or Linear Feet 23. Description of Avoidance,Minimization,and Compensation(see instructions) See attached Additional Information Document. ENG FORM 4345,SEP 2022 Page 2 of 3 24. Is Any Portion of the Work Already Complete? ❑Yes o No IF YES,DESCRIBE THE COMPLETED WORK 25. Addresses of Adjoining Property Owners,Lessees,Etc.,Whose Property Adjoins the Waterbody(if more than can be entered here,please attach a supplemental list). a.Address- City- State- Zip- b.Address- City- State- Zip- c.Address- City- State- Zip- d.Address- City- State- Zip- e.Address- City- State- Zip- 26. List of Other Certificates or Approvals/Denials received from other Federal,State,or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL" IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER Would include but is not restricted to zoning,building,and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. w--� - - 2024-08-23 � � �� 2024-08-23 SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity(applicant)or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that:Whoever,in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies,conceals,or covers up any trick,scheme,or disguises a material fact or makes any false,fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious or fraudulent statements or entry,shall be fined not more than$10,000 or imprisoned not more than five years or both. ENG FORM 4345,SEP 2022 Page 3 of 3 Additional Information Document Grandfather Golf & Country Club — Maintenance Dredging Program Project Description: The proposed project is located within the Grandfather Golf and Country Club(GG&CC),which is located along Highway 105 South,southwest of Boone,and north of Linville. The project is located within parcels owned by GG&CC. Within the project area,jurisdictional waters of the US consist of the Linville River and an impoundment of the Linville River, herein referred to as Loch Dornie or the lake. The Linville River, including Loch Dornie, is a designated public mountain trout water, and GG&CC stocks the waterbodies with trout. The proposed project consists of a multi-year approach to routine maintenance of the lake. Eleven (11)areas within the lake, herein referred to as Areas A-K and identified on the Proposed Project Map(attached), have been identified as locations of accumulation in need of routine dredging. The areal extent of the eleven areas in the lake are based on a bathymetric survey of the lake that was performed in 2024 and are provided in the table below. Routine dredging is anticipated to occur on a cyclical basis,with dredging of individual areas occurring on a four to five(4-5)year rotation. For each dredging iteration,the individual areas needing attention and maintenance will be identified and the likely extent and volume of material to be removed will be calculated. Location Acres(2024 bathymetric survey data) Area A 0.10 acre Area B 0.36 acre Area C 0.14 acre Area D 0.28 acre Area E 0.27 acre Area F 0.48 acre Area G 0.25 acre Area H 0.16 acre Area 1 0.25 acre Area J 0.73 acre Area K 0.38 acre The first dredging iteration is planned to occur January through April 2025. The areas to be included in the 2025 effort are Areas A, D, E,and F. Based on bathymetric survey and sediment analysis,the area to be dredged is approximately 1.13 acres,and the volume of material to be removed is approximately 3,714 cubic yards. Future dredging iterations shall include those areas that are determined to be in need of removal of accumulated material during the year prior to dredging. Material removal from the lakebed is proposed to be performed by hydraulic suction dredging. To accommodate the hydraulic method,drawdown of Loch Dornie will not be necessary. Dredge spoils will be pumped to a dewatering area in which a geotextile bag will be used for dewatering. The dewatering area will be situated in an upland area adjacent to Loch Dornie to allow for filtered water to be returned to the lake via overland flow. The material will be allowed 90 to 120 days of dewatering time and will then be removed from the GG&CC site. The material will be hauled to and disposed of in an existing,offsite,debris disposal area, which is owned by GG&CC and is situated entirely in upland areas. Once the dewatering area is 1 decommissioned,the area will be graded,seeded to match the current vegetative cover,and covered with straw to facilitate seed germination. Erosion and sediment control measures will be implemented and maintained in good working condition throughout the construction period. Measures shall include turbidity curtains,sandbag diversion dike, and minimization of ground disturbance. Turbidity curtains will be deployed immediately downgradient of each individual dredge area and where needed to trap potential sediments associated with overland flow from the dewatering bag. For areas D, E, and F,there is a secondary turbidity curtain that provides a second line of sediment trapping. Turbidity curtains for the individual areas to be dredged in 2025 and the dewatering area are collectively depicted on sheet C012. Ground disturbance will be minimized by utilizing existing roadways and paved paths for access to the work area. The sandbag dike will be implemented,when appropriate,to provide a clean water diversion and divert flows away from certain dredge areas, including areas D, E,and F. GG&CC has developed a Turbidity Management Plan(the Plan),attached,which will apply to the proposed project activities. The Plan specifies monitoring protocols as well as a response and action protocol to be implemented should turbidity levels rise above the standards for trout waters and the turbidity of waters entering the project area. Strict adherence to the Plan is a top priority for GG&CC and the regulatory agencies. The work areas associated with the maintenance dredging efforts are located in surface waters and uplands. No tree removals are necessary to accomplish the proposed lake maintenance. Equipment to be used for the project includes, but is not limited to, hydraulic suction dredge,front-end loader or similar,and dump truck. The front-end loader or similar equipment will be used to move erosion and sediment control materials, dewatering bag,and other construction materials as well as regrading the dewatering area,as needed. Purpose and Need: The need for the project is that sediment and vegetative debris accumulate in certain areas of the lake,which poses a safety risk and degrades the aesthetics of the community facility. The purpose of the project is to maintain Loch Dornie,a manmade impoundment of the Linville River that provides recreational opportunities and the water source for irrigating the golf course. Routine maintenance dredging will allow GG&CC to better manage the lake and reduce future maintenance needs that would arise without the proposed project. Avoidance and Minimization—Design: Full avoidance of impacts to waters of the US is possible only by implementing a No-Action alternative. No action does not meet the purpose or need for the project and will result in an increase in maintenance needs and costs in the future. Performance of routine maintenance on the lake on a planned cycle based on specific accumulation patterns will reduce the areal extent and volume of material to be removed at a given time,which allows for better management of water quality standards, particularly turbidity,and a more manageable effort within the allotted schedule. For each of the dredge areas,an area-specific turbidity curtain has been designed,which focuses the water quality protection measures in the waterbody to match the need for specific work areas and eliminates excessive measures that provide no additional benefit from the additional extent. Work areas have been designated such that no trees removals are required and the disturbance is minimized within the 25-foot trout buffer abutting Loch Dornie. Dredge spoils will be dewatered onsite through a filter bag designed for dewatering. Disposal of dredge spoils shall utilize existing roadways for transport and an existing organic debris disposal site that is owned by GG&CC and is located in uplands. 2 Avoidance and Minimization:Construction: Avoidance and minimization of impacts to waters of the US will be further achieved through construction means, methods,and requirements. Specifically,the Plan and the designed erosion and sedimentation control measures shall be strictly enforced. Erosion and sedimentation control devices shall be inspected regularly, including at least once per seven days and following each rain event that generates'/z inch of rain in a 24-hour period. If maintenance or repair is found to be necessary,the device is to be addressed prior to initiation of work on that day. Vehicle and equipment maintenance shall be performed away from surface waters to limit risk of spills of fluids. Seeded areas will be strawed, avoiding the use of plastic mesh that may trap or harm fauna. Ground disturbance will be limited to the minimum necessary to implement the project. Existing paved surfaces will be used for vehicle and equipment movements to the extent feasible. Dredging will be performed by hydraulic methods. Hydraulic dredging reduces the suspension of lakebed materials or sediments compared to mechanical dredging,thereby protecting water quality and limiting effects on turbidity in Loch Dornie and Linville River. The lake will not be drawn down during hydraulic dredging,which further reduces the potential effect on turbidity due to the proposed lake maintenance and on the resident trout population. GG&CC has selected a contractor that specializes in dredging and other lake management practices and that has a good track record of quality work and regulatory compliance. The construction documents are written such that the contractor is contractually responsible for abiding by the Plan,the permit conditions,the erosion and sediment control plan,and all notes on the design drawings. Failure by the contractor to comply with all applicable local,state,and federal regulations shall constitute breach of contract. Threatened and Endangered Species: The IPaC report was requested most recently on August 2,2024. Federally threatened or endangered species that were identified by USFWS as having the potential to be affected by the proposed project are gray bat (Myotis grisescens—endangered), Indiana bat(Myotis sodalis—endangered), northern long-eared bat(Myotis septentrionalis—endangered),Virginia big-eared bat(Corynorhinus townsendii virginianus—endangered), Roan Mountain bluet(Hedyotis purpurea var.montana—endangered),and rock gnome lichen(Gymnoderma lineare—endangered). Additionally,tricolored bat(Perimyotissubflavus—proposed endangered), bog turtle (Glyptemys muhlenbergii—threatened due to similarity of appearance),and monarch butterfly(Danaus plexippus—candidate)are included on the IPaC report for awareness. A Hazen biologist reviewed the habitat requirements for each federally listed species and assessed the viability of suitable habitat within the project vicinity. Gray bats and Virginia big-eared bats reside in caves or areas of large rocks year-round. Northern long-eared bats and Indiana bats hibernate in caves through the winter. No caves or significant rock outcroppings suitable for gray bat residence are present within or surrounding the project area. Northern long-eared bats and Indiana bats utilize summer roosts,which consist of trees with loose or exfoliating bark,structures with roosting spaces,and bridges or culverts. The maintenance dredging effort will not result in the alteration or removal of potential summer roosts utilized by northern long-eared bats or Indiana bats. The project location is situated between 3,700 and 3,800 feet above mean sea level.The Roan Mountain bluet and rock gnome lichen inhabit elevations of 5,000 feet above mean sea level or higher. Therefore, no impacts to the two listed plant species will result from the proposed project. 3 Mountain bogs,which constitute the habitat for bog turtles,are not present within or immediately surrounding the project area. The tricolored bat has similar habitat requirements as the northern long-eared bat,and the project will not disturb the suitable habitat for these bats during the time of year when the bats may be present in the project surroundings. As such,the maintenance dredging effort will not impact the tricolored bat. Milkweed plants,the host plant for the monarch butterfly,were not observed within or adjacent to the project area. Historic Resources: HPOWEB GIS Service was reviewed most recently on May 14,2024. The nearest resource that is listed on the National Register of Historic Places(NRHP)is the Linville Historic District. The District is located 1.9 miles south of the project area and is not visible from the project area due to the local topography. The nearest resource that has been determined eligible but not listed on the NRHP is the Blue Ridge Parkway(Parkway). The Parkway is located approximately 1.5 miles east of the project area. The Parkway is not visible from the project area due to Grandfather Mountain being situated between the Parkway and the project area. Additionally,the project area is not visible from either resource due to local topography. Therefore, no impacts to historic resources are anticipated to occur as a result of the project. Archaeological resources may be present in the project area. Excavation is proposed to occur during project implementation. The excavation will consist of dredging accumulated sediments from the lake and will not disturb native soils that may contain artifacts or other resources of archaeological significance. As such, no impacts to archaeological resources shall occur as a result of the proposed project. Flood Zone Designation: The project area is depicted on FEMA Flood Insurance Rate Map(FIRM)Panel 3710185600J,effective December 2,2008. Loch Dornie and small areas of abutting lands are depicted as being in the 100-year floodplain with a base flood elevation of 3793.3 feet above mean sea level,compared to the normal pool elevation of Loch Dornie of 3787.5 feet above mean sea level. The proposed project involves removal of accumulated sediments and debris from within the lake,restoring the intended depth profile and capacity of the lake. Dredge spoils will be dewatered onsite in an area that is not within the 100-year floodplain. No change to the floodplain extent or base flood elevation are proposed or anticipated to occur as a result of the project. As such,the proposed project is compliant with floodplain regulations. Trout Waters: The waters in which the project is proposed to be conducted are designated mountain trout waters. Loch Dornie is used for recreation and irrigation of the golf course during spring, summer,and fall months. GG&CC requests a waiver of the moratorium restricting work in trout waters to allow the dredging work to be performed during the off-season,specifically January 2 to March 31. The duration of in-water work will not span the full period of the requested waiver;work will be performed as efficiently as possible while ensuring that proper construction methods and erosion control measures are implemented for the safety and welfare of year-round residents and aquatic life. For the protection of aquatic life,dredging shall be performed by hydraulic suction, rather than mechanical means. Hydraulic dredging does not necessitate a drawdown of the lake,thereby maintaining the water surface elevations and areal extent during the fry life stage of the trout. The contractor is contractually obligated to abide by the enclosed Turbidity Management and Response Plan as well as the construction drawings and all requirements and conditions of regulatory authorizations. 4 Owner's Name Mailing Address City State ZIP Code Patrick DanehyTrustee 4280 Belle Meade Cove Memphis TN 38117 JSL Investments 18 Lakeside Park Dallas TX 75225 David Hadden Trustee 10 Woodlawn Ave Needham MA 02492 James Lentz Trustee 1608 Meandering Way Dr Westlake TX 76262 Nan Davis Trustee 2633 Richardson Dr Charlotte NC 28211 Wilbur Sandbulte 5160 N 71st St Paradise Valley AZ 85253 Craig Greven 1040 Fieldwood Ln Winston Salem NC 27106 GFGCC Common Area for Condos Wilmor Corp PO Box 368 Linville NC 28646 James Goodmon 719 Lakestone Dr Raleigh NC 27609 Frank Horne Jr 4115 Silver Bell Dr Charlotte NC 28211 Finch Family Properties 1002 Huntsford Terrace Thomasville NC 27360 George Mortez 92914th Ave NW Hickory NC 28601 O •ut - 1 a et A `s Whie Gravy U , Creek > 4400 fl o E`' Flattop Mountain Q' r Flattop Linville Cliffs Ridge O s� 105/ J Rol V1; t` r<` Big Gl"*Y Creek a i l s� \7 i Project Limits m G fandfather Golf s�ltl1`Pvr�t�' - d Country Club ' N Q Loch Dornie 1 Linvilie p� Sluff,: Pa ��HA The Sp hut, Rock Grandfakro7 rb.1e Enlratce Rci Z Fd 'ock Hwv - h � o T - 448O fr T tYOO4 J� N UFATyF 0 1,000 2,000 Project Location Map to w E Feet Maintenance Dredging Program 1 inch equals 2,000 feet uiuNj�`� Grandfather Golf & Country Club S Hazen Linville, NC Ow . ✓ ►h Project Limits 1 YYrr 4 lr �t4 Ir 05 ,» i kv Ilk F� T! r a' 4 DF y 0 200 400 C'�Q,N ArF'p Project Vicinity Map Feet Maintenance Dredging Program 1 inch equals 400 feet � � Grandfather Golf & Country Club COUNT Linville, NC S Hazen Legend Project Limits 2i- Edge of Water ' i, '�• fr Ar 2r Stream Wetland Area •��_, �' w"`� � ' .�, �, 1 j 40, S C/ •�'a � �" ` ' - �. 41 h . x C ir JA 05 is:,t 1. 1 ' • �G .. 00 IL a _ J f+ N 6�a%0Fgr, 0 200 400 Waters of the U.S. Map Feet w F o a 1 inch equals 400 feet COUNI� Maintenance Dredging Program Grandfather Golf & Country Club s Hazen Linville, NC Dredge Area A Sandbag Dike Dredge Area B Dredge Area C Dredge Area D Dredge Area G Dredge Area H Dredge Area E Dredge Area F Dredge Area I Dredge Area K Legend Project Limits ILJI Sandbag Dike Dredge Area J _ — Turbidity Curtain Silt Fence Golf A ,entry ?�- Edge of Water C Pub Staging Area Future Dredge Area 2025 Dredge Area NoFgTy�� Proposed Project Map 0 200 400 -- `L Feet l Maintenance Dredging Program Grandfather Golf & Country Club 1 inch equals 400 feet �OUN�� Linville, NC Hazen Legend Permanent Impact to Area A 0.10 acre due to Dredging Project Limits Sandbag Dike Turbidity Curtain 109 sgft (0.002 acre) Silt Fence of temporary impact Z- Edge of Water Sandbag Dike L- Stream Q Future Dredge Area 2025 Dredge Area Temporary Impact Area Permanent Impact Area S W OS W Y Z Q 6,580 sqft(0.15 acre) of temporary impact CQ Permanent Impact to Area D Construction Access 0.28 acre due to Dredging Erosion and Sediment Control ,ca , 1,373 sgft(0.031 acre) Permanent Impact to Area E of temporary impact 0.27 acre due to Dredging Turbidity Curtain Permanent Impact to Area F 16,629 sgft(0.38 acre) of temporary impact 0.48 acre due to Dredging Construction Access ; Erosion and Sediment Control i 23,193 sgft(0.67 acre) of temporary impact 1,534 sgft(0.035 acre) Construction Access of temporary impact Erosion and Sediment Control Turbidity Curtain N 0 100 200 6UFaTyF� Proposed Impacts Map Feet w E CO Maintenance Dredging Program 7r�� 1 inch equals 200 feet � � Grandfather Golf & Country Club COUNj� Linville, NC S Hazen Legend Project Limits Turbidity Curtain Silt Fence 2- Edge of Water Stream Temporary Impact Area 1,349 sqft (0.03 acre) of temporary impact Construction Access r Erosion and Sediment Control Dewatering Bag cweHo O N �pN0FA 0 100 200 6 Proposed Impacts Map 2 Feet «' L Maintenance Dredging Program I inch equals 200 feet COUNt��� Grandfather Golf & Country Club Linville, NC Hazen NCHPO HPOWEB Sugar Mountain WATAUGA 4N ,Qh" 41 aC. ,.CALDWEL a � U r Int. ..I AVERY e� e • L f,,<<" vlle t�Ava AV0001 LINVILLE HISTORIC * DISTRICT 1979 5/14/2024, 10:21:05 AM 1:72,224 0 0.5 1 2 mi Surveyed individual resources&centerpoints Surveyed Area, No designation Surveyed Only DOE districts&boundaries 0 0.75 1.5 3 km Surveyed in NRHD L--1 Determined Eligible Boundary • Surveyed Only,Gone NR districts&boundaries • Surveyed in NRHD,Gone 0 National Register Boundary State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, NR individual resources&centerpoints USGS Blockface-Multiple properties Blockface in NRHD NR Individual Listing North Carolina State Historic Preservation Office State of North Carolina DOT,Esri,HERE,Garmin,INCREMENT P,NGA,USGS 8/2/24, 11:38 AM INC: Explore Location resources IPaC U.S. Fish &Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS)jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site-specific (e.g., vegetation/species surveys) and project-specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. 11111li., v Location Avery County, North Carolina s r Nc f YIJYI.. �11 .r r. . t Local office Asheville Ecological Services Field Office t. (828) 258-3939 JJJ (828) 258-5330 https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 1/18 8/2/24, 11:38 AM IPaC: Explore Location resources 160 Zillicoa Street, Suite B Asheville, NC 28801-1082 https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 2/18 8/2/24, 11:38 AM INC: Explore Location resources Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site-specific and project-specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1 . Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed speciesl and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1 . Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 3/18 8/2/24, 11:38 AM INC: Explore Location resources 2. 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. The following species are potentially affected by activities in this location: Mammals NAME STATUS Gray Bat Myotis grisescens Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/6329 Indiana Bat Myotis sodalis Endangered Wherever found There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/5949 Northern Long-eared Bat Myotis septentrionalis Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus Proposed Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/10515 Virginia Big-eared Bat Corynorhinus (=Plecotus) townsendii Endangered virginianus Wherever found There is final critical habitat for this species.Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/8369 Reptiles NAME STATUS Bog Turtle Glyptemys muhlenbergii SAT No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/6962 https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 4/18 8/2/24, 11:38 AM INC: Explore Location resources Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Roan Mountain Bluet Hedyotis purpurea var. montana Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/1087 Lichens NAME STATUS Rock Gnome Lichen Gymnoderma lineare Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3933 Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. There are no critical habitats at this location. You are still required to determine if your project(s) may have effects on all above listed species. Bald & Golden Eagles Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act, and the Migratory Bird Treaty Act2. https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 5/18 8/2/24, 11:38 AM INC: Explore Location resources Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". Additional information can be found using the following links: • Eagle Management https://www.fws.gQv//program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take- migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation- measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and- golden-eagles-may-occur-project-action There are likely bald eagles present in your project area. For additional information on bald eagles, refer to Bald Eagle Nesting and Sensitivity to Human Activity For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Aug 31 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Golden Eagle Aquila chrysaetos Breeds elsewhere This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1680 https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 6/18 8/2/24, 11:38 AM IPaC: Explore Location resources Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4- week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1 . The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 7/18 8/2/24, 11:38 AM IPaC: Explore Location resources To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle IIII IIII III 1111 111� ��II IIII IIII IIII IIII IIII Non-BCC Vulnerable Golden Eagle i , . . , . . , . . . . Non-BCC Vulnerable What does IPaC use to generate the potential presence of bald and golden eagles in my specified location? The potential for eagle presence is derived from data provided by the Avian Knowledge Network(AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s)which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply).To see a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator(RAIL)Tool. What does IPaC use to generate the probability of presence graphs of bald and golden eagles in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC)and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network(AKN). The AKN data is based on a growing collection of survey., banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s)which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator(RAIL)Tool. What if I have eagles on my list? https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 8/18 8/2/24, 11:38 AM INC: Explore Location resources If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Please contact your local Fish and Wildlife Service Field Office if you have questions. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1 . The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Eagle Management https://www.fws.ggv//program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take- migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and- golden-eagles-may-occur-project-action The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 9/18 8/2/24, 11:38 AM IPaC: Explore Location resources For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Aug 31 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Black-billed Cuckoo Coccyzus erythropthalmus Breeds May 15 to Oct 10 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9399 Black-capped Chickadee Poecile atricapillus practicus Breeds Apr 10 to Jul 31 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Bobolink Dolichonyx oryzivorus Breeds May 20 tojul 31 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. Canada Warbler Cardellina canadensis Breeds May 20 to Aug 10 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. Cerulean Warbler Setophaga cerulea Breeds Apr 27 to Jul 20 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/2974 Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug 25 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 10/18 8/2/24, 11:38 AM INC: Explore Location resources Golden Eagle Aquila chrysaetos Breeds elsewhere This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1680 Golden-winged Warbler Vermivora chrysoptera Breeds May 1 to Jul 20 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecptspecies/8745 Kentucky Warbler Geothlypis formosa Breeds Apr 20 to Aug 20 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. Northern Saw-whet Owl Aegolius acadicus Breeds Mar 1 to Jul 31 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Prairie Warbler Setophaga discolor %00 Breeds May 1 to Jul 31 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 11/18 8/2/24, 11:38 AM INC: Explore Location resources "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4- week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated?The calculation is done in three steps: 1 . The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 12/18 8/2/24, 11:38AM IPaC: Explore Location resources Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle IIII IIII �111 IIII IIII ��� IIII 1�11 '�■ 1�11 ���I IIII Non-BCC Vulnerable Black-billed +—++ ++++ "++ Cuckoo BCC Rangewide (CON) III IIII IIII IIII I ++ I I I++++ '. Black-capped Chickadee ++ BCC- BCR Bobolink +—++ ++++ ++II IIII IIII ++++ ++ ++++ +­++ BCC Rangewide (CON) Canada +++ Warbler BCC Rangewide (CON) Cerulean +—++ ++ I i iii+ ++++ TTT+ ++++ Warbler BCC Rangewide (CON) Chimney Swift i ++-- -- — �—+ —+ BCC Rangewide (CON) Golden Eagle —+++ ++++ ++++ +++' +++— ++++ ++-- ---+ — 4- Non-BCC Vulnerable Golden-winged , �__— ___— —+++ IIII IIII III+ +++— ++++ ++-- Warbler BCC Rangewide (CON) Kentucky +__+ +++— +—++ ++II IIII IIII IIII III+ ++++ ++++ ++ Warbler BCC Rangewide (CON) Northern Saw IIII IIII +i IIII IIII +++� +++I whet Owl BCC- BCR Prairie Warbler BCC Rangewide 1- pill +++- ++1+ ++-- ---+ ---+ (CON) https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 13/18 8/2/24, 11:38 AM IPaC: Explore Location resources SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC woodeadded I . �+ +++ + ++ ++++ ��� �� I I I I I I + +** 0 4+++ ++++ +-++ BCC Rangewide (CON) Rusty Blackbird I --+ +++— ' ++++ ++++ +—++ BCC- BCR Wood Thrush +++ 1111 +'+' 1-74 IIII '+++ +4- I 1 BCC Rangewide (CON) Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC),and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network(AKN). The AKN data is based on a growing collection of survey., banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s)which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator(RAIL)Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network(AKN). This data is derived from a growing collection of survey., banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available.To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 14/18 8/2/24, 11:38 AM INC: Explore Location resources How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If"Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC)that are of concern throughout their range anywhere within the USA(including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non-BCC-Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or(for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review.Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles,you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 15/18 8/2/24, 11:38 AM INC: Explore Location resources The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s)that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort(indicated by the black vertical bar) and for the existence of the "no data" indicator(a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding(which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. There are no refuge lands at this location. Fish hatcheries There are no fish hatcheries at this location. Wetlands in the National Wetlands Inventory ( NWI ) Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 16/18 8/2/24, 11:38AM IPaC: Explore Location resources For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: LAKE L1 UBHh RIVERINE R3UBH R4SBC R3UBHx R5UBH A full description for each wetland code can be found at the National Wetlands Inventory_ website NOTE: This initial screening does not replace an on-site delineation to determine whether wetlands occur. Additional information on the NWI data is provided below. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 17/18 8/2/24, 11:38 AM INC: Explore Location resources been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. https://ipac.ecosphere.fws.gov/location/NM5W3MLALZCCHFJ7RWRS4KNE5U/resources 18/18