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HomeMy WebLinkAbout20191271 Ver 1_PCN Form Submission_20191016Corps Submittal Cover Sheet Please provide the following info: 1. Project Name Dutch Creek Streambank Stabilization - BRC Property 2. Narne of Property Owner/Applicant: Blue Ridge Conservancy 3. Name of Consultant/Agent: Adam Williams PWS, BFEC Inc. *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): 5. Site Address: XXX NC Hwy 194 S 6. Subdivision Name: 7. City: Valle Crucis 8. County: Watauga 9. Lat: 36.212357 Long:-81.781567 (Decimal Degrees Please) 10. Quadrangle Name: Valle Crucis NC 11. Waterway: Dutch Creek, UT1 12. Watershed: Dutch Creek - Watauga River 13. Requested Action: x Nationwide Permit # 13 General Permit # Jurisdictional Determination Request — Pre -Application Request The following information will be completed by Corps office: Prepare File Folder � Assign number in ORM Authorization: Section 10 Project Description/ Nature of Activity/ Project Purpose: Site/Waters Name: Keywords: Section 404 Begin Date DWR MOM— 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 Oange only if needed. BIMS # Assigned * Version#* 20191271 1 Is a payment required for this project?* r No payment required Reviewing Office* r Fee received Winston-Salem Regional Office - (336) 776- r Fee needed - send electronic notification 9800 Select Project Reviewer* Sue Homewood:eads\slhomewood Information for Initial Review 1a. Name of project: Dutch Creek WNCSI Project 1a. Who is the Primary Contact?* Josselyn Lucas 1b. Primary Contact Email:* 1c. Primary Contact Phone:* josselyn@bfec.org (423)727-4476 Date Submitted 10/16/2019 Nearest Body of Water Dutch Creek Basin Watauga Water Classification B; Tr Site Coordinates Latitude: Longitude: 36.212357-81.781567 FA. Processing Information U County (or Counties) where the project is located: Watauga 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 13 - Bank Stabilization 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 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? O Yes r No B. 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: Blue Ridge Conservancy 2b. Deed book and page no.: DB 1839, pg 252 2c. Responsible party: 2d.Address Street Address PO Box 568 Address Line 2 City Boone Postal / Zip Oide 28607 2e. Telephone Number: (828)264-2511 2g. Email Address:* eric@blueridgeconservancy.org 3. Applicant Information (if different from owner) 3a. Name: Adam Williams State / Rovime / fegim NC Country USA 2f. Fax Number: r Yes r No r Yes r No 3b. Business Name: Brushy Fork Environmental Consulting, Inc 3c.Address Street Address 10565 Highway 421 South Address Line 2 City Trade Postal / Zip Code 37691 3d. Telephone Number: (423)727-4476 3f. Email Address:* adam@bfec.org 4. Agent/Consultant (if applicable) 4a. Name: Adam Williams 4b. Business Name: Brushy Fork Environmental Consulting, Inc 4c.Address Street Address 10565 Highway 421 South Address Line 2 City Trade Postal / Zip Code 37691 4d. Telephone Number: (423)727-4476 4f. Email Address:* adam@bfec.org Agent Authorization Letter* SIGNED AA Dutch Ck.pdf C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (i appropriate) 1c. Nearest municipality / town Valle Crucis, NC 2. Project Identification State / Rovince / legion TN Country USA 3e. Fax Number: State / Province / Region TN Country USA 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 1970987112000,1970972309000 21.71 2c. Project Address Street Address 3565 NC Fly 194 S Address Line 2 aty State / Rovince / Pagion Sugar Grove NC Postal / Zip Code Country 28679 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Dutch Creek 3b. Water Resources Classification of nearest receiving water:* B; Tr 389.49KB 3c. What river basin(s) is your project located in?* Watauga 3d. Please provide the 12-digit HUC in which the project is located. 060101030303 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:* This site is on the periphery of the small community of Valle Crucis in Watauga County, NC behind the Mast General Store Annex Primary land uses in the vicinity include agriculture (grazing, hay, small crop fields), undeveloped forest land, and single family rural residences. The project property is being used for hay and grazing with no buffer between active agricultural lands and Dutch Creek. The address listed in Section C2c. is for the Mast General Store Annex in Valle Crucis, however the Subject Property is located roughly 600 feet northeast of the Mast store. 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) Dutch Creek Topographic Map.pdf 658.51 KB 4e. Attach an 81/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Dutch Creek Soil Map.pdf 745.31 KB 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 1082 4h. Explain the purpose of the proposed project:* The purpose of the project is to stabilize eroding stream banks on Dutch Creek and an unnamed tributary. Lack of riparian vegetation and an increased sediment load due to upstream agricultural land use has caused degradation of the reach. Streambank benching and sloping, natural channel structures, and a planted riparian forest buffer will be used to restore the reach. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project will provide bank stabilization and grade control using natural channel design structures including cross vanes, toe wood, j-hooks, and rock steps. A bankfull bench will be constructed and the banks will be sloped back and stabilized using coir matting and live stakes and a riparian buffer of native tree and shrub species will be planted. Equipment used for this proposed construction includes track -hoes, skid steers, and dump trucks. 4j. Please upload project drawings for the proposed project. Dutch_FINAL_60%.pdf 13.38MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r 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 NIA Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Josselyn Lucas Agency/Consultant Company: Brushy Fork Environmental Consulting Other: 5d1. Jurisdictional determination upload Dutch PJD.pdf 120.68KB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 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? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries ❑ Buffers r Open Waters r Pond Construction 3. Stream Impacts 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 Project Stabilization Pro 1 Tem ora p ry Bank Stabilization Dutch Creek Perennial Both 28 945 Average (feet) (linearfeet) S2 Stabilization Project Temporary Bank Stabilization J Unnamed Tributary Perennial Both 6 137 Avenge(fee[) (linear feet) S3 Stream Crossing 1 9 Permanent Other Dutch Creek Perennial Both 28 12 Average (feet) (linearfeet) � Stream Crossing2 Permanent Other Dutch Creek Perennial Both 28 12 Average (feet) (linear feet) S5 UT Stream Crossing g Permanent Other Unnamed Tributary ry Perennial Both 6 12 Average (feet) (linearfeet) 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 36 3i. Total stream and ditch impacts: 1118 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 1,082 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The proposed work and associated impacts are intended to stabilize approArnately 1,082 In It of stream bank along Dutch Creek and an unnamed tributary. Design measures which minimize impacts include installation of natural channel design structures which will improve stream stability and provide habitat. All disturbed buffer areas will be immediately seeded upon completion, matted (coir matting) and stabilized at the close of each day. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All streambank disturbances will be stabilized same day and covered with coir matting and live staked to reduce sedimentation during construction. Only well maintained equipment vdll be used; no leaks will be tolerated. Equipment will work from streambanks whenever possible while performing the work and will only work in the channel when absolutely necessary. Following construction the banks of the restored channel will be seeded with a mix of rye (temporary cover) and perennial grasses and clover (permanent seed). The forested riparian buffer will be planted with a variety of native 1- gallon trees and shrubs following construction. 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? r^ Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This project aims to improve the overall condition of the streams by repairing bank erosion and installing natural channel design structures. No mitigation is required. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. 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: Project is not within a NC Riparian Buffer Protection area. 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 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) U 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?* f Yes r No 3b. If you answered "no," provide a short narrative description. The proposed project will improve streambank stability and install agricultural BMPs on crop land. No additional development is anticipated at the site. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r' Yes C No (- 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 5d. Is another Federal agency involved?* f Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? f Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* f Yes r No r Unknown 5i. 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? BFEC completed the USFW IPaC regulatory review process. BFEC then reviewed information for each species listed on the provided species list, using the Raleigh Ecological Services Field Office pace and USFWS fact sheets. No Critical Habitat is located at this site. Habitat requirements are not met for the species on the list due to specific habitat requirements such as high elevation rocky outcrops/summits or spruce fir forest. No known caves are located at the project site. No bat maternity roosts are known on site and mature trees are not present in the project area. Consultation Documentation Upload Dutch_ Creek_ Species List_ Asheville Ecological Services Field Office.pdf 296.03KB 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?* NOAA Essential Fish Habitat Mapper: https://mr.w.habitat.noaa.gov/protection/efh/efhmapper/ 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?* HPOWEB: NCHPO GIS Service. This project will take place within the Valle Crucis Historic District. The proposed project is on active farm land and will have no impact on any historic structures or archaeological resources in the area. 7c. Historic or Prehistoric Information Upload Dutch Creek SHPO Map.pdf 565.68KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r: Yes r No 8b. If yes, explain how project meets FEMA requirements: The proposed project is not anticipated to cause an increase in flood elevation. A No -Rise Certification will be submitted by Brushy Fork Engineering Division PLLC to the Watauga County floodplain administrator. 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center online mapping tool Miscellaneous Comments Miscellaneous attachments not previously requested. Dutch Creek USACE Submittal Coversheet.pdf 116.7KB Dutch Wetland Delineation.pdf 1.47MB Dutch_Creek_FIRMETTE.pdf 575.3KB Dutch Photosheets.pdf 2.53MB Signature jJ 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: Josselyn Lucas Signature Date 10/16/2019 AGENT AUTHORIZATION FORM FOR WNCSI STREAM PROJECTS PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID: 1970987112000, 1970972309000 STREET ADDRESS: NC Hwy 194 S, Sugar Grove, NC 28679 Property Owner: Blue Ridge Conservancy Property Owners Street Address (if different than above): PO Box 568 Boone, NC 28607 The undersigned, registered property owners of the above noted property, do hereby authorize Adam Williams , of Brushy Fork Environmental Consulting, Inc. (Contractor/Agent) (Consulting Firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. We hereby cer ify the above information submitted in this application is true and accurate to the best of ur nowledge. A% , Authorized Signature: Date: 'g- Z " l l 081 ° 48' 00.00" W 081 ° 47' 00.00" W 081 ° 46' 00.00" W b N Olt) FH �Rkv- TRIVINQUIZ�'r-J, A&h- R' QE,�,t�—A I ((((C� o Dutch Creek WNCSI Project Topographic Map o 6 O 6 o M M ._ _r • Nilrr=j q'�` �i � � (rr1� �f 1 5 tom• k' N r l -_/] r ri I 1 r r � i CY)r� O l � , 1 1 000 ❑ _ 3 L r d oo O / �1,1� r ect � "r n � �� tt Valle ci a J• d rb `�1 N d � 5q Q•` �a ,I 1 — �— �� �� >> J � 1j J }r ��� I f f �� y, p z o o O r� — a /'�_ r` 4 a ! 3 o O Cross - - - - o Declination u11 ce ' oopp • �I 1 y _ �_ adstone Lodge' Ilr SCALE 1:24000 0 1 MILE 0 1000 YARDS MN 6.79° W �0 0 1 KILOMETER 081 ° 48' 00.00" W 081 ° 47' 00.00" W 081 ° 46' 00.00" W Name: VALLE CRUCIS (NC) Location: 036' 12' 48.42" N 081° 46' 52.91" W Date: 05/22/19 Scale: 1 inch = 2,000 ft. Copyright (C) 2008, MyTopo Datum: NAD83 Dutch Creek WNCSI Project Soil MapW. ` r � rA. . W A J. f . . 4 J" RoA' -,fire w RdA s SnB SnBIdL . p Legend N En Roads Rosman fine sandy loam Dutch Creek Parcels Saunook loam 0J Soils Ww Water 0 55 110 220 330 440 c'oA ti4v 8ultin4r - Reddies loam Feet Map is not to be construed as surveyed data. All boundaries are approximate GIs data taken from public data sources. BFEC 2019. Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 8/26/19 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Blue Ridge ConServency C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Watauga City: Sugar Grove Center coordinates of site (lat/long in degree decimal format): Lat.: 36.212357 Long.:-81.781567 Universal Transverse Mercator: Name of nearest waterbody: Dutch Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑■ Office (Desk) Determination. Date: 8/22/19 ❑■ Field Determination. Date(s): 8/22/19 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) S 1 36.21209 -81.7808 0 Ditch 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: 1:12,000 Valle Crucis, NC ■❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ❑ Aerial (Name & Date): or ■❑ Other (Name & Date): Dutch WNC Stream Initiative Photosheets ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Dutch Creek WNCSI Project SHPO Map v TDD1 V4LLE CRUCIS HI Tl' I- 'ISTRICT 2DD5 fir, �•}. �� � i'� � - . Proct Area r �. r` ..'.. May 22, 2019 NR Points fDational NRBoundaries NR Individual Listin Register Boundary * NR Listing, Gone Eloundary of Destroyed/Removed NR Listing NRHD Center Point SL Points SL Individual Entry 7J81, WTDDD3 Mast General •Y Stare 197a ' {� Y "7s1�� a a.• ■. 1:10,031 0 0.05 0.1 0.2 mi 0 0.1 0.2 NC Center for Geographic Information & Analysis 0.4 km L• i Dutch Creek WNCSI Project Wetland Map F ` 0 41 1' Sample ID Wetland? Wetland Imacts (Ac.) <: = 14 S1 No 0 •Source: E-sri, DigitalGiobe, GeoERe, E rthstar Geographies, ONES/Airbus DS, USDA, USES, er—leU-RID, ,� IGN, and the GIS User Community Legend N °`'�'�� 087.5175 350 525 700,E Streams Feet Project Parecls oo tac' ASulrin'b+ )t to be construed as surveyed data. All boundaries are approximate GIS data taken from public data sources. BFEC 2019. WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: Dutch Creek Phase II City/County: Valle Crucis, Watauga Sampling Date: 8/15/19 Applicant/Owner: Blue Ridge Conservancy State: NC Sampling Point: S1 Investigator(s): Josselyn Lucan, Paige Seago, Jordan Bailey Section, Township, Range: Valle Crucis, NC Landform (hillside, terrace, etc.): Floodplain Local relief (concave, convex, none): Concave Slope (%): 0-1 Subregion (LRR or MLRA): LRR N Lat: 36.21209 Long:-81.7808 Datum: Soil Map Unit Name: Reddie's loam NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: Man-made ditch with no obvious hydrology HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) —Surface Water (Al) —True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (B10) —Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (B16) —Water Marks (B1) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (132) —Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) —Iron Deposits (135) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: S1 Absolute Dominant Indicator Tree Stratum (Plot size: 30'x30' ) % Cover Species? Status Dominance Test worksheet: 1. Salix nigra 15 Yes OBL Number of Dominant Species 2. That Are OBL, FACW, or FAC: 2 (A) 3. Total Number of Dominant 4. Species Across All Strata: 3 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 66.7% (A/B) 7. Prevalence Index worksheet: 15 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 8 20% of total cover: 3 OBL species 16 x 1 = 16 Sapling/Shrub Stratum (Plot size: 15'xl5' ) FACW species 82 x 2 = 164 1. Rubus allegheniensis 50 Yes FAC species 0 x 3 = 0 2. Rosa multiflora 10 No FACU FACU species 11 x 4 = 44 3. UPL species 3 x 5 = 15 4. Column Totals: 112 (A) 239 (B) 5. Prevalence Index = B/A = 2.13 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. 3 - Prevalence Index is <_3.01 60 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 30 20% of total cover: 12 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5'x5' ) _ Problematic Hydrophytic Vegetation' (Explain) 1. Phalaris arundinacea 80 Yes FACW Indicators of hydric soil and wetland hydrology must be 2. Impatiens capensis 2 No FACW present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Carex lurida 1 No OBL 4. Polygonum sagittatum 1 No OBL Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Ipomoea purpurea 3 No UPL more in diameter at breast height (DBH), regardless of 6. Polygonum sp. 1 No FACU height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 88 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 44 20% of total cover: 18 height. Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) Most of the herb stratum was dead/dormant. Seed pods could not be located making identification to species level difficult. However, area appears to host upland community of plants in general. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: S1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-6 10YR 4/6 100 Loamy/Clayey 6-12 10YR 4/2 80 10YR 5/1 18 D M Loamy/Clayey 2% 7.5YR 4/5 Concentration, Pore Lining D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) _ Stratified Layers (A5) _2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al2) —Sandy Mucky Mineral(S1) —Sandy Gleyed Matrix (S4) —Sandy Redox (S5) —Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) —Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: _2 cm Muck (A10) (MLRA 147) —Coast Prairie Redox (A16) (MLRA 147, 148) —Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 Western North Carolina Stream Initiative: Dutch Creek Phase II Dutch Creek Wetland Delineation Photosheets Enw o� c� Site Visit: 8/15/19 Site of core sample 7 S1 &Core 12 inch core sample National Flood Hazard Layer FIRMette O FEMA Legend 36° 12' 59.33"N 0 250 500 1,000 1,500 2,000 SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT Without Base Flood Elevation (BFE) Zone A. V. A99 SPECIAL FLOOD With BFE or Depth zone AE, AD, AH, VE, AR HAZARD AREAS Regulatory Floodway 0.2%Annual Chance Flood Hazard, Areas of 1%annual chance flood with average depth less than one foot or with drainage areas of less than one square mile zone x „�I Future Conditions 1%Annual Chance Flood Hazard zone x pr Area with Reduced Flood Risk due to ITHER AREAS OF Levee. See Notes. zone x FLOOD HAZARD FA d' Area with Flood Risk due to Leveezono D NO SCREEN Area of Minimal Flood Hazard zone x Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard zone D GENERAL ---- Channel, Culvert, or Storm Sewer STRUCTURES IIIIIIII Levee, Dike, or Floodwall e xo.s Cross Sections with 1%Annual Chance 17•5 Water Surface Elevation o- — — Coastal Transect —513— Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary -- --- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature Digital Data Available N No Digital Data Available MAP PANELS ® Unmapped 9 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 5/22/2019 at 3:53:50 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Brushy Fork Environmental Consulting Dutch Creek WNCSI Project Site Photosheets Photographed by BFEC on 02/11/16 & 06/17/2019 -�•$, i -k., _ C v"as sawy.� tl°'��` ,�#i �v �V .n, Y ��'N -44 ! g•( "�I - .1i, . iP `� ' Via, yr; a.y� � `�, � � �,�ti i � OF i; Q t�^ 1 4 ik Aa. ^ Law . I S I '(y < f�, i .' 1 ♦` lid �p;-��i� � rA4'�� �_ �� '-s S�1►. �^�. �.��. {:e Lis r j y u sm '� � _ p• Mi . _ 45�4 , � ` � _#ice �, � q._ View upstream along Dutch Creek showing undercut banks on stream right. Recent mass wasting of stream banks is evident at cross section 2. 3 k � ' i View upstream along UT1 showing denuded banks resulting from cattle access to stream. View downstream from culverted stream crossing at cross section 6 showing cattle trampled banks. 5 View downstream below cross section 7 showing existing cattle crossing. View upstream from cross section 8 on UT1 showing cattle trampling on banks. L Stream left on UT1 at cross section 9 showing near vertical bank. View downstream from cross section 9 on UT1 showing steep bank on stream right. 7 Vertical bank erosion on UT1 stream left at cross section 10. View downstream from cross section 10, showing steep bank on stream right. �7 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.2ov/nc-es/es/cog fr In Reply Refer To: Consultation Code: 04EN1000-2019-SLI-0377 Event Code: 04EN1000-2019-E-00975 Project Name: Dutch Creek WNCSI Project 71. Fisdi s WIIJJUrV. 14L'][ ,N,pf t May 29, 2019 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: htips://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 htlps://www.fws.Gov/asheville/htmls/Troject review/Recommendations.html Optimal Survey Times for Federally Listed Plants htlps://www.fws.gov/nc-es/Tlant�/plant survey Northern long-eared bat Guidance hLtps://www.fws.lzov/asheville/htmls/Troject reviewNLEB in WNC.htmI Predictive Habitat Model for Aquatic Species htlps://www.fws.gov/asheville/htmls/Maxent/Maxent.html 05/29/2019 Event Code: 04EN1000-2019-E-00975 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-librgI3L/Vdf/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:// 05/29/2019 Event Code: 04EN1000-2019-E-00975 3 www.fws. o� rg atorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws. omi rg atorybirds/CurrentBirdIssues/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 05/29/2019 Event Code: 04EN 1 000-2019-E-00975 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 05/29/2019 Event Code: 04EN 1 000-2019-E-00975 2 Project Summary Consultation Code: 04EN1000-2019-SLI-0377 Event Code: 04EN1000-2019-E-00975 Project Name: Dutch Creek WNCSI Project Project Type: STREAM / WATERBODY / CANALS / LEVEES / DIKES Project Description: Stabilize stream banks on approximately 940 linear feet of Dutch Creek and an unnamed tributary. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/mgps/Tlace/36.212909736957315N81.78119465727706W 9 Counties: Watauga, NC Valle Crucis 05/29/2019 Event Code: 04EN1000-2019-E-00975 3 Endangered Species Act Species There is a total of 9 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 Fisheriesl, 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 Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus No critical habitat has been designated for this species. Species profile: https://ecos.fws. og v/ecp/species/2657 Gray Bat Myotis grisescens No critical habitat has been designated for this species. Species profile: https://ecos.fws. og v/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https:Hecos.fws. og v/ecp/species/9045 Virginia Big -eared Bat Corynorhinus (=Plecotus) townsendii virginianus There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws. og v/ecp/species/8369 Arachnids NAME Spruce -fir Moss Spider Microhexura montivaga There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws. og v/ecp/species/4801 STATUS Endangered Endangered Threatened Endangered STATUS Endangered 05/29/2019 Event Code: 04EN1000-2019-E-00975 Flowering Plants NAM L STATUS Blue Ridge Goldenrod Solidago spithamaea Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws. og v/eo/species/5821 Heller's Blazingstar Liatris helleri Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/eo/species/5962 Roan Mountain Bluet Hedyotis purpurea var montana Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws. og v/eo/species/1087 Spreading Avens Geum radiatum Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws. og v/eo/species/6854 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 05/29/2019 Event Code: 04EN1000-2019-E-00975 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Acts. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) 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 Bobolink Dolichonyx oryzivorus Breeds May 20 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Jul 31 USA and Alaska. Eastern Whip -poor -will Antrostomus vociferus Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 20 USA and Alaska. Northern Saw -whet Owl Aegolius acadicus acadicus Breeds Mar 1 to Jul This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation 31 Regions (BCRs) in the continental USA 05/29/2019 Event Code: 04EN1000-2019-E-00975 2 NAME BREEDING SEASON Prairie Warbler Dendroica discolor Breeds May 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31 USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Sep 10 USA and Alaska. Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 31 USA and Alaska. Yellow -bellied Sapsucker sphyrapicus varius Breeds May 10 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Jul 15 Regions (BCRs) in the continental USA https://ecos.fws. og v/eo/species/8792 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 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 1 Okm 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 05/29/2019 Event Code: 04EN 1 000-2019-E-00975 3 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 IOkm 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 1 survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bobolink ---- ---- ---- - --�I Jill JJ -- ---- ---1 ---- ---- ---- BCC Rangcwidc (COI) Eastern Whip -Poor- ---- ---- ---- - Jill Jill lij III- ---- ---- ---- ---- will BCC Rangcwidc (COI) Northern Saw whet ---- ---- Jill Jill Jill Jill Jill — — — — — — — - - — — - - — — - - — — — Owl BCC -BCR Prairie Warbler ---- ---- +—�— BCC Rangewide (CON) Jill Jill Jill Red-headed Woodpecker — — — — — — — — — — — — -4-- BCC Rangewide (CON) 1— —111 Jill Jill Jill 11-- — — — — — — — — — — — — Rusty Blackbird — — — — — — — +--- --+— +— BCC Rangewide (COI) BCC d ��dc (CON)---- ---- — — — — +--- —III Jill Jill Jill — — — — — — — — — — — 05/29/2019 Event Code: 04EN1000-2019-E-00975 4 SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Yellow-bellied-- Sapsucker—�— BCC -BCR Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.�zov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds htip://www.fws.gov/birds/ mana e�project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws. o� rg ato . bra 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 (BCQ 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 (Aj Nn. 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 IOkm 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 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 Phenologyy Tool. 05/29/2019 Event Code: 04EN1000-2019-E-00975 5 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 u�. 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 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 05/29/2019 Event Code: 04EN1000-2019-E-00975 6 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 LOI ng. 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. 05/29/2019 Event Code: 04EN1000-2019-E-00975 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. Armorps 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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