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HomeMy WebLinkAbout20191431 Ver 1_PCN Form Submission_20191017DWR IDIOM n of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 21nitial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned * Version#* 20191431 1 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Mooresville Regional Office - (704) 663-1699 Alan Johnson:eads\adjohnson1 Information for Initial Review 1a. Name of project: Beam Road Warehouse 1a. Who is the Primary Contact?* Paul Seefried 1b. Primary Contact Email:* 1c. Primary Contact Phone:* paulseefried@seefriedproperties.com (678)904-1917 Date Submitted 10/17/2019 Nearest Body of Water Sugar Creek Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.187711-80.931289 FA. Processing Information U County (or Counties) where the project is located: Mecklenburg Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? rJ Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 39 - Commercial/Institutional Developments le. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - Express r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r- Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r- No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r- No Acceptance Letter Attachment Beam Road Development DIMS CAT03ESA Acceptance.pdf 1h. Is the project located in any of NC's twenty coastal counties? r^ Yes r No 1j. Is the project located in a designated trout watershed? r- Yes r No FB, Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: South 36R, LLC 2b. Deed book and page no.: 2c. Responsible party: Mid South Realty 2d. Address Street Address 440 Silas Creek Parkway, Suite 302 Address Line 2 city Winston Salem Postal / Zip Code 27127 2e. Telephone Number: (336)722-2236 2g. Email Address:* rbli2zardl@rrie.com 3. Applicant Information (if different from owner) 3a. Name: Paul Seefried State / Province / legion North Carolina (buntry Forsyth 2f. Fax Number: 87.4KB r Yes r No r Yes r No 3b. Business Name: Seefried Industrial Properties, Inc. 3c.Address Street Address 3333 Riverwood Parkway, Suite 200 Address Line 2 CKY Atlanta Postal / Zip Cide 30339 3d. Telephone Number: (678)904-1917 3f. Email Address:* paulseefried@seefriedproperties.com 4. Agent/Consultant (if applicable) 4a. Name: Patrick Korn 4b. Business Name: Terracon 4c. Address Street Address 2701 Westport Road Address Line 2 City Charlotte Postal / Zip Code 28208 4d. Telephone Number: (704)509-1777 4f. Email Address:* Patrick.Korn@terracon.com Agent Authorization Letter* PCN Beam Road_print.pdf C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/town: Charlotte State / FYwinre / R�gion Georgia Country Cobb 3e. Fax Number: State / Ftwince / Pagim North Carolina Country Mecklenburg 4e. Fax Number: (704)509-1888 455.87KB Project Identification 2a. Property Identification Number: 14312201-02, 14312204-08, 14312210-17, 2b. Property size: 14312220 50.369 2c. Project Address Street Address Beam Road at Westoak Drive Address Line 2 City State / Ftwir ce / Ibgion Charlotte North Carolina Postal / Zip Code Cauntry Mecklenburg 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Sugar Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501030103 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The Site consists of multiple parcels comprising approximately 50.369 acres of wooded terrain, historically used for agricultural and residential uses. Land use to the east and south of the proposed project area consist of business and commercial structures. Land use to the west and north consist of wooded parcels. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) 71197469_USGS Topo_20190705.pdf 832.65KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Soils Map.pdf 808.66KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.11 4g. List the total estimated linear feet of all existing streams on the property: 288 4h. Explain the purpose of the proposed project:* To maintain profitability, meet the required logistical needs, and provide a minimum satisfactory level of customer service; Seefried Properties is proposing the construction of a warehouse and distribution center, at the proposed location, to meet the forecasted growth and service projections for their client. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed project would be constructed in a fashion and using equipment and materials similar to previously constructed warehouses and distribution centers in the area. Land clearing and construction equipment would be those typically used for this type of project. Grading and filling activities would create terrain suitable for construction of multiple cargo storage buildings. Grading would also serve to bring land elevation similar to existing road grade. 4j. Please upload project drawings for the proposed project. Engineers Wetland and Stream Impact Exhibits 9.24.2019.pdf 937.81KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* r Yes r No C Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r^ Preliminary r Approved r Not Verified r^ Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Patrick Korn Agency/Consultant Company: Terracon Consultants, Inc Other: SM. Jurisdictional determination upload Beam Road AJD Determination Form 101619.pdf 7.72MB 6. Future Project Plans 6a. Is this a phased project?* r Yes C No 7b. If yes, explain. The initial phase of construction would consist of constructing multiple warehouse buildings with an option to expand these warehouses as needed. The potential expansion area is included in the proposed design. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? WA [Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Open Waters r Pond Construction 2. Wetland Impacts r Buffers Reason (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested* ��2f. Type of 2g. Impact Jurisdicition*(?) area* Wetland 177] [Parsl.,ng IoUroad P Headwater Forest Wetland 1 Yes Corps 0.110 ing (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.110 2h. Comments: WA 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.110 ❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* S1 Parking lot/road crossin 9 Permanent Fill RPW 1 Intermittent Corps 2 Average (fee[) 135 (lir:ear feet) g2 Parking lot/road crossing Permanent Fill RPW 2 Intermittent Corps 2 Average (feet) 153 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 288 0 31. Total stream and ditch impacts: 288 3j. Comments: WA E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The chosen site was the only site that met economic, buildability, and safety criteria for the project. Once the site was chosen, alternative site designs were evaluated to minimize impacts to wetlands and WOTUS. The current site configuration is the only layout that maintains economy of scale, viability, and profitability for the proposed project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The selected contractor would implement best management practices during construction to reduce potential temporary, minor construction related effects from the proposed project. These could include the use of silt fences, phased grading and earth moving activities, gravel and rocked entrances to site, dust control, and the immediate application of seed and matting/straw upon completion of earth moving activities. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? F Yes r No 2c. If yes, mitigation is required by (check all that apply): r DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank fJ Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) 288 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 0.11 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) 4h. Comments WA F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The project is located in the Catawba Buffer Zone, but in not situated on the main stem lakes or river, so is not subject to NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: BEAM ROAD WET POND HYDROGRAPHS.pdf 373.7KB BEAM ROAD WET POND CALCS.pdf 194.82KB Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* C Yes r No 3b. If you answered "no," provide a short narrative description. Stormwater piping will be installed throughout the site to manage stormwater runoff. Runoff would be directed towards the on -site ebsting City of Charlotte stormwater management pond where suspended solids would be allowed to settle and surface water pollutants would be allowed to volatilize off the surface water. Piped stormwater will drain onto riprap aprons prior to collecting in the pond further reducing water velocity. Discharge from the ebsting stormwater pond would be into a reinforced concrete pipe that daylights onto a riprap apron. Discharged stormwater pond flow would be to the west and into a culverted and piped unnamed intermittent stream that flows to the south of the dam. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* c Yes r No r N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville Sd. Is another Federal agency involved?* C Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? C Yes r No Sf. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No Sh. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Terracon contacted the NCNHP and IPaC and requested a reviewfor of the proposed project site. In a response letters dated 09/11/19 and 9/25/19 respectively, NCNHP and IPaC stated that no threatened or endangered species epst for this location. Consultation Documentation Upload NCNHP.pdf 1.06MB IPAC List Beam Road.pdf 718.33KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Terracon reviewed the National Marine Fisheries Service Habitat Protection Mapper. No essential fish habitat were present for the proposed project location. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Terracon contacted the SHPO on 9/11/19 and requested a reviewfor of the proposed project. In a response letter dated 10/14/2019 the SHPO stated that there were no historic resources present on the proposed project location. Terracon also conducted an online review using the NCHPO on line mapper, there where no listings for the proposed area. 7c. Historic or Prehistoric Information Upload SHPO response.pdf 95.61 KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* Terracon reviewed the FEMA National Flood Hazard Layer (NFHL) Viewer for the proposed project. The NFHL indicates the proposed project location is within an area of minimal flood hazard, Zone X WIscel laneous Comments WA Miscellaneous attachments not previously requested. PCN Beam Road_print.pdf 455.87KB Signature W By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Patrick Korn Signature �PCIGG>`rrt.6��otw Date 10/17/2019 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Paul Seefried Seefried Industrial Properties, Inc. 3333 Riverwood Parkway, Suite 200 Atlanta, GA 30339 Project: Beam Road Development NORTH CAROLINA Environmental Quality October 16, 2019 Expiration of Acceptance: 4/16/2020 County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Catawba Catawba Impact 03050103 Impact Type Riparian Wetland 03050103 Warm Stream Impact Quantity 0.11 288 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Patrick Korn, agent Sincerely, Ja eB Stanfill Ass' anagement Supervisor O, E North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Junes Street 11652 Matt Service Center I Raleigh, North Carolina 27699-1652 919.107,8976 N AW low. OF X -311111110e. I N ;000,ft9. X r` s a 1 J E a J 1 `EN. �» x N Y • r A r � — Copyright:© 2013 National Geographic Society, i-cubed Legend Feet 0 200 400 800 .z N 4 32�32` �34 1�OC� 33 10138 0 Parcel Boundary ' . Charlo X Points of Interest DATASOURCES: T ( ESRI WMS - World Aerial Imagery, OpenStreetMap � ¢ i I 0 � ^''�r Project No.: y No.: 69 USGS Topographic Map Exhibit 4 Date: Irerracon 4� 3 77 : 43� US 21 Jul2019 Drawn B y Beam Road Warehouse �r� = TPo 2701 Westport Road Charlotte, Mecklenburg County, NC Charlotte, NC 28208 A 1 N r © O,penStreetMap (and) Reviewed By: contributors, CC -BY -SA JAR I PH. (704) 509-1777 terracon.com 2 z 10 � ri A iro^. a h A, A ip fit r lk F, t a J Project Manager: Project No. LEGEND: Approximate site boundary PRK 71197469 Irerracon NRCS WEB SOIL SURVEY MAP Exhibit Drawn by: Scale: Beam Road Industrial Park JCW NTS Indicates parcel Owned Checked by: File Name: Exhibit 4 Beam Road at Westoak Drive 4 by the City Of Charlotte. PRK 2701 Westport Road Charlotte, North Carolina pprovedby: PRK I Date: September 2019 Charlotte, NC MAP LEGEND Area of Interest (AOI) 0 Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot 0 Landfill A. Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip o Sodic Spot Soil Map —Mecklenburg County, North Carolina MAP INFORMATION Spoil Area The soil surveys that comprise your AOI were mapped at 1:24,000. Stony Spot th Very Stony Spot Warning: Soil Map may not be valid at this scale. Wet Spot Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil 4� Other line placement. The maps do not show the small areas of Special Line Features contrasting soils that could have been shown at a more detailed scale. Water Features Streams and Canals Please rely on the bar scale on each map sheet for map measurements. Transportation — Rails Source of Map: Natural Resources Conservation Service Web Soil Survey URL: . 0 Interstate Highways Coordinate System: Web Mercator (EPSG:3857) US Routes Maps from the Web Soil Survey are based on the Web Mercator Major Roads projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Local Roads Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. Background Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Mecklenburg County, North Carolina Survey Area Data: Version 17, Sep 10, 2018 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 23, 2014—Nov 28, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey 9/3/2019 Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map —Mecklenburg County, North Carolina Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CeB2 Cecil sandy clay loam, 2 to 8 224.8 66.9% percent slopes, moderately eroded CeD2 Cecil sandy clay loam, 8 to 15 41.8 12.4% percent slopes, moderately eroded MO Monacan loam, 0 to 2 percent 2.0 0.6% slopes, frequently flooded PaE Pacolet sandy loam, 15 to 25 58.7 17.5% percent slopes PaF Pacolet sandy loam, 25 to 45 1.8 0.5% percent slopes W Water 6.7 2.0% Totals for Area of Interest 336.8 100.0% USDA Natural Resources Web Soil Survey 9/3/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 Hydric Rating by Map Unit —Mecklenburg County, North Carolina In in In in 506100 506200 506300 506400 506500 506600 506700 506800 35° 11' 28" N \� 35° 11' 28" N � y +4■� + 'F 0. 1F 5� AIN RA �R K Tot - i �; •I r ,f Ni 4 5 r Soil Malvin not Ise valiel.at this scale. 350 10' 54" N - I - - 350 10' 54" N 506100 506200 506300 506400 506500 50660D 506700 506800 m Map Scale: 1:5,140 if printed on A portrait (8.5" x 11") sheet. Meters $ N 0 50 100 200 300 $ Feet 0 200 400 �0 1200 Map projection: Web Mercator Conermordinates: WGS84 Edge tics: UTM Zone 17N WGS84 USDA Natural Resources Web Soil Survey 9/3/2019 Conservation Service National Cooperative Soil Survey Page 1 of 5 Hydric Rating by Map Unit —Mecklenburg County, North Carolina MAP LEGEND Area of Interest (AOI) 0 Area of Interest (AOI) Soils Soil Rating Polygons W Hydric (100%) 0 Hydric (66 to 99%) 0 Hydric (33 to 65%) 0 Hydric (1 to 32%) 0 Not Hydric (0%) 0 Not rated or not available Soil Rating Lines ~ Hydric (100%) r 0 Hydric (66 to 99%) r 0 Hydric (33 to 65%) r 0 Hydric (1 to 32%) r r Not Hydric (0%) r 0 Not rated or not available Soil Rating Points Hydric (100%) Hydric (66 to 99%) 0 Hydric (33 to 65%) 0 Hydric (1 to 32%) Not Hydric (0%) 0 Not rated or not available Water Features x Streams and Canals Transportation i--1-+ Rails ­0 Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Mecklenburg County, North Carolina Survey Area Data: Version 17, Sep 10, 2018 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 23, 2014—Nov 28, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey 9/3/2019 Conservation Service National Cooperative Soil Survey Page 2 of 5 Hydric Rating by Map Unit —Mecklenburg County, North Carolina Hydric Rating by Map Unit Map unit symbol Map unit name Rating Acres in AOI Percent of AOI CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded 0 46.3 67.4% PaE Pacolet sandy loam, 15 to 25 percent slopes 0 20.1 29.3% W Water 0 2.2 3.3% Totals for Area of Interest 68.6 100.0% USDA Natural Resources Web Soil Survey 9/3/2019 Conservation Service National Cooperative Soil Survey Page 3 of 5 Hydric Rating by Map Unit —Mecklenburg County, North Carolina Description This rating indicates the percentage of map units that meets the criteria for hydric soils. Map units are composed of one or more map unit components or soil types, each of which is rated as hydric soil or not hydric. Map units that are made up dominantly of hydric soils may have small areas of minor nonhydric components in the higher positions on the landform, and map units that are made up dominantly of nonhydric soils may have small areas of minor hydric components in the lower positions on the landform. Each map unit is rated based on its respective components and the percentage of each component within the map unit. The thematic map is color coded based on the composition of hydric components. The five color classes are separated as 100 percent hydric components, 66 to 99 percent hydric components, 33 to 65 percent hydric components, 1 to 32 percent hydric components, and less than one percent hydric components. In Web Soil Survey, the Summary by Map Unit table that is displayed below the map pane contains a column named 'Rating'. In this column the percentage of each map unit that is classified as hydric is displayed. Hydric soils are defined by the National Technical Committee for Hydric Soils (NTCHS) as soils that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part (Federal Register, 1994). Under natural conditions, these soils are either saturated or inundated long enough during the growing season to support the growth and reproduction of hydrophytic vegetation. The NTCHS definition identifies general soil properties that are associated with wetness. In order to determine whether a specific soil is a hydric soil or nonhydric soil, however, more specific information, such as information about the depth and duration of the water table, is needed. Thus, criteria that identify those estimated soil properties unique to hydric soils have been established (Federal Register, 2002). These criteria are used to identify map unit components that normally are associated with wetlands. The criteria used are selected estimated soil properties that are described in "Soil Taxonomy" (Soil Survey Staff, 1999) and "Keys to Soil Taxonomy" (Soil Survey Staff, 2006) and in the "Soil Survey Manual" (Soil Survey Division Staff, 1993). If soils are wet enough for a long enough period of time to be considered hydric, they should exhibit certain properties that can be easily observed in the field. These visible properties are indicators of hydric soils. The indicators used to make onsite determinations of hydric soils are specified in "Field Indicators of Hydric Soils in the United States" (Hurt and Vasilas, 2006). References: Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. USDA Natural Resources Web Soil Survey 9/3/2019 Conservation Service National Cooperative Soil Survey Page 4 of 5 Hydric Rating by Map Unit —Mecklenburg County, North Carolina Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service. U.S. Department of Agriculture Handbook 436. Soil Survey Staff. 2006. Keys to soil taxonomy. 10th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. Rating Options Aggregation Method: Percent Present Component Percent Cutoff.- None Specified Tie -break Rule: Lower USDA Natural Resources Web Soil Survey 9/3/2019 Conservation Service National Cooperative Soil Survey Page 5 of 5 EXIST. PROPERTY BOUNDARY % APPROX. 50.4 AC ' FIELD LOCATED RPW 1 SEE SHEET 2 T =1 PINE OAKS DRIVE FIELD LOCATED RPW 2 SEE SHEET 3 CITY OF CHARLOTTE FIELD LOCATED O PIN: 143-122-19 WETLANDS 1 SEE SHEET 3 10, / �G 4 0 150 300 600 IN FEET I inch = 300 ft. KEY: mill SEEFRIED PROPERTIES INTERMITTENT STREAM IMPACTS D BNU RETRONN BEAM ROAD CHARLOTTE, NC WETLANDS IMPACTS °mom ,Ro,�NI" eEl OVERALL WETLANDS EXHIBIT WETLAND AND STREAM DELINEATION PROVIDED BY TERRACON 019.]86.001 DATe JULY 2019 09/24/2019 SHEET I OF 3 S`T / / \ \ qt \�/PF,�0BERtYUNE\ z� I I I I I I I \ _ � �" w _ FIELD LOCATED RPW 1 � _ (INTERMITTENT) AS ` ELINEATED BY TERRACON \ ROJECT #71197469 DATED JULY 2019 \ 135 LF OF PERMANENT I i STREAM IMPACT i 10.025 ACRES OF PERMANENT IMPACT ` \ \EEC\f `��SANITARY 10.0 CY OF FILL \S�ER LIN I I I I I II \\\\\\ \\\\\\\\\\\\\\\\ I II11 II ,1�11`\ \\ \ \ / I 1 I I II II I I \\ r II�� IIIII \\ I \\ I I I I\\\\ II I\\\\\\\ I `,\�I\\\\\I \ \ \ \ \ ^I I IR \ \ \ \ \ \ \ \ \ \ \ I I I I I I 1\I 'xis ^ \ \ \\ \ \ \\ \A1 \ \ \ \ \ lit \ \``\\\ \ 1 \\ \ \\ \t\ \ \\ \\ \ \\ \\ \ I \\ \ \\\ \\\ \\ \\\ \ \\\ \\\ \\\ \\\ \ \I 111\Il\I \l IIIII\ \ \ \\ \\\ \\\\ \\ \I II II I Ij11111111i11I \ \ \ I \ III 01, \ \ \ u I 11 II 11 11 1111111I11 II \I 1 \� \\ 0 20 40 80 SEEFRIED PROPERTIES KEY: ` ( IN FEET) B U R T O N BEAM ROAD N. ENGINEERING CHARLOTTE, INC INTERMITTENT STREAM I inch = 40 ft. IMPACTS m'o oseaa o,�N�MEER WETLANDS EXHIBIT 2 WETLANDS IMPACTS . 019.786.001 INTERMITTENT STREAM IMPACT RPW I nre 09/24/2019 SHEET 2 OF 3 oil / T SANITARY WER LINE FIELD LOCATED RPW 2_ (INTERMITTENT) AS' DELINEATED BY TERRACON-' \� PROJECT #71197469 DATED ill\ \I\\��/ 153 LF OF PERMANENT' , ,"` \ ` %'�'^---/l-\ III STREAM IMPACT/ / / j \I\ \\ \ \\\\ 0.033 ACRES OF PERMANENT; l i l ' '�-�: - °''�_-__ EXIST. \�\\ IMPACT % l` l'-- a'j _, , j %'PROPERTY LINE 13.3 CY OF FILL�� / / S OF /QITY ° m HARLOTTE : 143-122-19 EXISTING STORM WATER WET POND FIELD LOCATED WETLANDS AS DELINEATED BY TERRACON PROJECT \ #71197469 DATED JULY 2019 ` 0.11 ACRES OF PERMANENf IMPACT 44.4 CY OF FIL 0 50 100 200 SEEFRIED PROPERTIES KEY: ( IN FEET) B U R T 0 N BEAM ROAD EN CHARLOTTE, NC INTERMITTENT STREAM I inch = 100 ft. J — °FARVEoRD100 IMPACTs nF"c °'° WETLANDS EXHIBIT 3 WETLANDS IMPACTS D OfECT o.. sc.00i INTERMITTENT STREAM IMPACT RPW 2 FIELD LOCATED WETLANDS IMPACT I -F°"2"2°" SHEET 3 OF 3 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. I Ia nilton October 14, 2019 JC Weaver Terracon Consultants, Inc. 2701 Westport Road Charlotte, NC 28208 Office of Archives and History Deputy Secretary Kevin Cherry Re: Commercial Development, Beam Road & Westoak Drive, Charlotte, Mecklenburg County, ER 19-2777 Dear Mr. Weaver: Thank you for your email of September 11, 2019, concerning the above project. 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 919-807-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, tf,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: (919) 807-6570/807-6599 ■ ■■■ Roy Cooper. Governor ME NC DEPARTMENT OF Susi Hamilton, Secretary women NATURAL AND CULTURAL RESOURCES 0 son Walter Clark, director, Land and Water Stewardship NCNHDE-10212 September 11, 2019 Katie Talavera Environmental Services, Inc. (ESI) 4901 Trademark Drive Raleigh, NC 27603 RE. 71197469, Beam Dear Katie Talavera: 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: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?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, Clean Water Management Trust 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 Rodney A. Butler at rod nev.butlerWncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR71MENT OF NATURAL AND CULTURAL RESOVRCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 918.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area 71197469 Project No. Beam September 11, 2019 NCNHDE-10212 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID cientific Name Common Name Group Observation Date Freshwater 13485 Lasmigona decorata Carolina Heelsplitter 1918-Pre Bivalve Freshwater 7236 Lasmigona decorata Carolina Heelsplitter 1880-Pre Bivalve Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800S No Natural Areas are Documented Within a One -mile Radius of the Project Area Element Accuracy Federal State Global State Occurrence StatuStatus Rank Rank RankL AL III X 3-Medium Endangered Endangered G1 S1 X 3-Medium Endangered Endangered G1 S1 Hi? 5-Very --- Endangered G3 S2 Low Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name wner ier Type Sugar Creek Greenway Mecklenburg County Local Government Renaissance Park Mecklenburg County Local Government Coffey Creek Greenway Mecklenburg County Local Government Irwin Creek Greenway Mecklenburg County Local Government Former Charlotte Correctional Center NC Department of Public Safety State Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on September]], 2019; source: NCNHP, Q3 Jul 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 N C N H D E-10212 : 71197469 ntN Post Jameo - r cyy N4° Pre-K G = q� L Pon rlerosa Amay Jamez 9 I Wingate C�Parka olley c 4 : 1 r d t �� Pipar xn ?Greek evru M m " 4& oak N E q O /- ..<. r.0 L O of oo Pl rv+r°or y o y = F �� O mot A•�y N rags v` 0 Q�R M, e E �2t. ape Lake 0` v ..r �P\PrM c Qe9 ...( ueY Point O` `Y N r- Gro9ti Neam �^ - Py4,iya�e=vim wuco me e �`4 ` pax f "'1r Pax 4r ,Opton Gmr.n Pak r "Mer a ri W E Gor Coura September 11, 2019 Project Boundary Buffered Project Boundary Managed Area (MAREA) E twy oodrt � P x'eV a � a QT ,r �a 'Po Yorkmlamorial 4 `Vea� 5 York M1lamoral Carrereiy Yorkmont Park �l M1 1:25,185 0 0.2 0.4 0.8 mi 0 0.325 0.65 1.3 km Sources' Esri, HERE, Garmia, Intermap, increment P Carp_, GEBCC,, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL Ordnance Survey, Esri Japan, METI, Esn China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Page 3 of 3 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/couMfr.html In Reply Refer To: September 25, 2019 Consultation Code: 04EN1000-2019-SLI-0767 Event Code: 04EN1000-2019-E-01953 Project Name: Beam Road Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmis/project review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 09/25/2019 Event Code: 04EN1000-2019-E-01953 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; 09/25/2019 Event Code: 04EN1000-2019-E-01953 3 http://www.towerkill.com; and http://www.fws.gov/migratoI3Lbirds/CurrentBirdlssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Wetlands 09/25/2019 Event Code: 04EN1000-2019-E-01953 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 09/25/2019 Event Code: 04EN1000-2019-E-01953 2 Project Summary Consultation Code: 04EN1000-2019-SLI-0767 Event Code: 04EN1000-2019-E-01953 Project Name: Beam Road Project Type: DEVELOPMENT Project Description: Development of approximately 50-acres for commercial warehouse and distribution facility. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/35.186216750540694N80.93000257347673W i1M Counties: Mecklenburg, NC 09/25/2019 Event Code: 04EN1000-2019-E-01953 3 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 Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Clams NAME STATUS Carolina Heelsplitter Lasmigona decorata Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/3534 09/25/2019 Event Code: 04EN1000-2019-E-01953 4 Flowering Plants NAM L- STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3473 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFF ICE'S JURISDICTION. 09/25/2019 Event Code: 04EN1000-2019-E-01953 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. 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) 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. 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 Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 Blue -winged Warbler Vermivora pinus Breeds May 1 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Jun 30 (BCRs) in the continental USA 09/25/2019 Event Code: 04EN1000-2019-E-01953 BREEDING NAME SEASON Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Probability Of Presence Summary Breeds May 10 to Sep 10 Breeds elsewhere Breeds May 10 to Aug 31 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 and understand the FAQ "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 09/25/2019 Event Code: 04EN1000-2019-E-01953 3 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. 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. 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 ]111 JillJillJill JJ-- 1— -4-iij —111 JillJiio Non -BCC Vulnerable Joll n4- Blue- inged WarbBCC ++++ +++— — — — — ++'� Jill Jill --�— +--- —+-- ---+ +��+ +—++ -BCR Kentucky ++++ +++— — — — — ++�I lill lill lill IIV +-- ---+ +�—+ +—++ darbleer BCC Prairie Warbler ++++ +++— — — — — +,,, !1111 m""", 4-- —4 — — 4- 4-4- +—++ BCC —g—e (COI) 09/25/2019 Event Code: 04EN1000-2019-E-01953 4 SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Prothonotary + ++ -- +� ���— �"""' +� +�— —�—+ +��+ +—++ Warbler +++ BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (COI) Rusty Blackbird ++++ +++— �'�— ++++ ++-- — — — — +--- —+-- ---+ +—'+ +—++ BCC Rangewide (CON) Wood Thrush ++++ +++— — — — — ++10 +�""""""' +-- ---+ +��+ +—++ BCC Rangewide (CON) Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratoDLbirds/pdf/ irds/pdf/ management/nationwidestandardconservationmeasures. pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/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 migratory birds potentially occurring 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 09/25/2019 Event Code: 04EN1000-2019-E-01953 5 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 AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project 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 refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. 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 09/25/2019 Event Code: 04EN1000-2019-E-01953 6 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 Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 09/25/2019 Event Code: 04EN1000-2019-E-01953 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. 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