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HomeMy WebLinkAbout20191613 Ver 1_PCN Form Submission_20191123DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial 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?* C Yes r No Change only if needed. BIMS # Assigned * Version#* 20191613 1 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received IT $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office * Winston-Salem Regional Office - (336) 776- Select Project Reviewer* 9800 Sue Homewood:eads\slhomewood Information for Initial Review 1a. Name of project: Bennett and Commonwealth Drive Improvements 1a. Who is the Primary Contact?* Linda Diebolt 1b. Primary Contact Email:* Idiebolt@hazenandsa,hyer.com Date Submitted 11 /23/2019 Nearest Body of Water UT to Muddy Creek Basin Yadkin -Pee Dee Water Classification C Site Coordinates Latitude: 36.085159 Longitude: -80.354888 1c. Primary Contact Phone:* (919)906-1775 A. Processing Information 6 County (or Counties) where the project is located: Forsyth Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W 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? W 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 18 - Minor Discharges le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - E)press 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? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r 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: N/A - roadway 2b. Deed book and page no.: N/A 2c. Responsible party: Todd Love, City of Winston-Salem 2d.Address Street Address City Hall - Suite 53 Address Line 2 101 N. Main Street City Winston-Salem Rstal / Zip Code 27101 2e. Telephone Number: (336)734-1318 2g. Email Address:* toddml@cityofws.org 4. Agent/Consultant (if applicable) 4a. Name: State / Rovince / Fbgion NC Country USA 2f. Fax Number: r Yes r No r Yes r No Linda Diebolt 4b. Business Name: Hazen and Sawyer 4c.Address Street Address 4011 WestChase Blvd., Suite 500 Address Line 2 City Raleigh Postal / Zip Code 27607 4d. Telephone Number: (919)906-1775 4f. Email Address:* ldiebolt@hazenandsawyer.com Agent Authorization Letter* Age ntAuthorization Executed. pdf C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Winston-Salem 2. Project tt Identification 2a. Property Identification Number: NIA 2c. Project Address Street Address Bennett Drive Address Line 2 WA city Winston-Salem Postal / Zip Oude 27104 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* UT to Muddy Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401011700 4. Project Description and History State / Province / legion NC (buntry USA 4e. Fax Number: 2b. Property size: 1.0 State / Province / legion NC Country USA 23.33KB 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 project site consists of an eAsting 24-inch culvert through which an unnamed tributary to Muddy Creek (UT) flows under Bennett Drive. The UT consists of an intermittent stream. Stormwater from adjacent roadways and the baseball field complex northeast of the project site sheetflows to a roadside stormwater drainage swale that abuts Bennett Drive and discharges into the Ur. The project site is located in the headwaters of the UT with the areas upstream of the project site draining a commercial parcel, recreational ballfields, and undeveloped wooded areas. The project site is located in a rural residential/commercial area with some areas of undeveloped woods present. Several residences are located along Bennett Drive and the UT appears to have been culverted when the roadway was created. 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) Location Map on Topo.pdf 657.68KB 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) Bennett Drive Soils Figure.pdf 488.2KB 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: 120 4h. Explain the purpose of the proposed project:* The project purpose is to replace the epsting 24-inch culvert under Bennett Drive with two 5' by 4' box culverts in parallel to prevent Bennett Drive from flooding during storm events. Flooding of Bennett Drive is directly related to the existing 24-inch culvert being undersized. Additionally, a stormwater inlet will be installed south of the baseball field on the east side of Bennett Drive and a transmission pipe will transport the stormwater to a discharge location in the proposed downstream headwall. Transporting the stormwater via pipe to the UT will prevent flooding of the roadway that presently occurs from sheetflow of stormwater from the ballfields. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project entails removal of the roadway material, removal of an existing culvert, and excavation of the culvert area for installation of the two new box culverts. The length of the new culverts are shorter than the existing culvert; therefore, no new stream impact will occur from installation of the new culverts. Wingwalls will be installed on the upstream and downstream ends of the new culverts and a plunge pool Will be excavated at the downstream terminus of the new culverts. A coffer dam and pump around system will be used such that all work associated with the culvert replacement will be performed in the dry. A storm grate will be installed on the east side of Bennett Drive north of the LIT in an epsting stormwater drainage ditch. A transmission line will extend from the storm grate to the headwall on the downstream end of the new culverts. Rip rap will be placed at and below the streambed to stabilize the plunge area located immediately downstream of the culverts. No live concrete will enter the waterway. Live stakes, a riparian seed mix, and coir matting will be used to stabilize the stream banks upon completion of construction. Project activities are anticipated to be performed with an excavator. Dump trucks will be used to remove the excavated asphalt and any excess soil generated by the project to an offsite disposal area. Fill material will be devoid of construction debris, including asphalt, and free of contaminants. Indirect impacts from implementation of the project are anticipated to be minor and temporary. 4j. Please upload project drawings for the proposed project. Bennett Design Drawings.pdf 16.03MB Bennett Impact Figure.pdf 218.52KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: No wetland areas are present within the limits of disturbance. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown f N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Linda Diebolt Agency/Consultant Company: Hazen and Sawyer Other: 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* r Yes r No r Unknown Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector 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 r 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 of3h. Impact ❑ M urisdiction* length* S1 Plunge pool excavation Temporary Excavation LIT to Muddy Creek Intermittent Both -] 10 20 Average (feet) (linearfeet) S2 Stream stabilization and Tem orar P Y Excavation Ur of Mudd Creek Y Intermittent Both 10 35 cofferdams Average (feet) (linearfeet) S3 Constructed floodbench Tem orar P Y Bank Stabilization ]ffW Mudd Creek Y Intermittent Both 6 20 Average (feet) (linearfeet) S4 Stream stabilization and Tem orar P Y Excavation Uf to Mudd Creek Y Intermittent Both 15 45 cofferdams Average (feet) (lir�rfeet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 3i. Total stream and ditch impacts: 120 31. Total temporary stream impacts: 120 3j. Comments: All work will be performed in the dry. A coffer dam and pump around system will be used during construction activities. Construction machinery will operate from outside of the stream channel. Newculverts will be shorter than the existing culvert; therefore, the newculverts are a modification of a previously culverted reach of stream. Footprint of new culverts is not included as an impact due to the stream reach (30 feet) already being impacted by the existing culvert. E. Impact Justification and Mitigation u 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The length of stream impact has been minimized to the extent necessary to meet the project purpose, which is to replace the existing culvert with new box culverts and provide a plunge pool at the downstream terminus of the culverts, which will reduce frequency of flooding of Bennett Drive. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sediment and erosion control measures will be used and maintained, best management practices will be strictly adhered to, coffer dams and a pump around system will be used to maintain upstream and downstream flow, work will be performed from abutting upland areas, and stream bank stabilization and seeding of disturbed areas will occur in a timely manner upon completion of construction 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? r Yes r No 21b. If this project DOES NOT require Compensatory Mitigation, explain why: Impacts associated with the proposed project do not meet the threshold for mitigation being 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: The project site is in the Yadkin River basin. 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 u 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? * r Yes r No Comments:* The proposed project does not meet the requirements for generation of environmental documents. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 21-1.1300), 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?* r Yes r No 3b. If you answered "no," provide a short narrative description. The proposed project will replace an eAsting culvert with two larger culverts and pipe stormvrater from a baseball field area to the UT to reduce frequency of flooding of Bennett Drive during storm events. No development is anticipated to occur from implementation of the proposed project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r 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 5d. Is another Federal agency involved?* r Yes r No Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. 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 5h. 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? USFWS IPaC Consultation Documentation Upload IPaC_17Nov19.pdf 5.51MB 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?* Review of Essential Fish Habitat designations was performed online via the National Oceanic and Atmospheric Administration, National Marine Fisheries Service's Essential Fish Habitat Mapper. 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?* NC State Historic Preservation Office web site and associated links. 7c. Historic or Prehistoric Information Upload SHPO_20Novl9.pdf 149.99KB 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?* GIS data obtained from FEMA for Forsyth County, NC. Miscellaneous Comments Miscellaneous attachments not previously requested. SHFA Map.pdf 1.74MB 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: Linda Diebolt Signature Date 11 /23/2019 v AGENT AUTHORIZATION FORM PROPERTY DESCRIPTION: The City of Winston-Salem proposes to replace an existing culvert under Bennett Drive in Winston- Salem, North Carolina. An unnamed tributary to Muddy Creek flows through the culvert. The work will be performed within and abutting the City of Winston-Salem public right-of-way associated with Bennett Drive. STREET ADDRESS: N/A - project site is located under and abutting Bennett Drive PROPERTY OWNER: City of Winston-Salem public right of way The undersigned, Todd Love, City of Winston Salem, do hereby authorize Linda Diebolt o f Hazen and Sawyer (Contractor / Agent) (Name of 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, excluding any and all financial obligations. SIGNATORIES ADDRESS: Todd Love City of Winston-Salem City Hall — Suite 53 101 N. Main Street Winston-Salem, NC 27101 (336)734-1318 I hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature:rrt_ Date: - % /_Z l / I a W ■k �� ���� ■����|� � �jIA� , - =�' & ■& & � ƒ�|� � ■ � � • lip � ��� ���� _�� ��� '�■J �■�■■� � � � �d.P all ■ r _ AM @ '§m�■■. — ��- �� � � � �� �� �a�■� ��� \- -�use _,_: | ■� f����=�� �w�' �§s■ "ate �� � �.-���■���-�e���� ���. � �� . � WFORSYTH COUNTY, NORTH C, 4 _ I G(k)fftr. i I I_ - 1F --- - - -_ Pac i a � --" s� + �a� � PaF� Ca �PaF,• !' G �' P8 'faC. PaD MaF f ~� PBp -AaC T PaF Co- Ch aQ ! i PaC �/ l� �l PaC�J : �� Ccc �PaF 4 PaD rf ch - �rC WIF PaC PaD PaQ PaD 11 PaF YaC r e�G PaB i PaC y' a� Fa B A18 Pa6 PaF Ch • � T I ■ � � Pa C I' ` PaF PaD PaD Q9 \ PaD WkB Co Ch ". PaC 1 A Pert Pats PaC v't+ '%0 AIB P4 W�p. Wec PcC2 f PaD �2 � '- �� C 1� PaD 9c PCO2 Fab PaF ' a I huFi GaG PaCccc PaF 1 ccC .'i o.. h r PaF rp) paD �� �• ChCcD brie CCri U'+ r rcDPaF f P02 f WkC CGB ii 4 7 Cco PaD WkB f Cc8 1 a,. 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Project Site Ph:;1� PaC PaD JkC pCO7 PaC PaB WkC PaD PaC PaB Pa(] PaD 4 Ca CItly, �� PaD — A - � Ch P WkB I'aC 1 PaF PaD File = 0:\32370-RAL\32370-002\CAD_BIM\FIG\BENNETT-IMPACTS Saved by edwilson Save date = 11/22/2019 1:28 PM IMPACT SUMMARY: S1 = 10' wide, 20' temp impact S2 = 10' wide, 35' temp impact S3 = 6' wide, 20' temp impact S4 = 15' wide, 45' temp impact I LIMITS OF DISTURBANCE, TYP Impact S1 pact S2 Hazen HAZEN AND SAWYER 4011 WESTCHASE BLVD, SUITE 500 RALEIGH, NC 27606 W Q of LL p O I H = W E ' Z U Z I W m Co GQ � EX CULVERT 37 LF 24" RCP n u PROP CULVERT 30 LF 5' X 4' RCBC (2) ENDWALLS, TYP I PLAN SCALE: 1" = 20' EX ROADSIDE DITCH, TYP N Impact S3 20 10 0 20' BENNETT RD CULVERT IMPROVEMENTS 1" = 20' STREAM IMPACT MAP - EXHIBIT 1 $naur� a R wOCV Site Club ae v ip h r IDOL individual resources to centerpolnts Mounl��n tic few b`o • Determined Eligible Rd C z A DOE, Gone rn A SL and DOE • SL and DOE, Gone * DOEHD Center Point a� * SLDOEHD Center Point ` Ah-?/. RA Surveyed Only a Surveyed Only individual resources & ocenterpolnts G Surveyed Only ' Surveyed in NRHD F�RSY: H c "V n v, Surveyed Only, Gone �Or • Surveyed in NRHD, Gone Blockface- Multiple properties Bene'�' Blockface in NRHD r421 s Surveyed Area, No designation Surveyed Area in NHRD 1[as[[rr Mill Rd Local Landmarks and Districts V,nonF e vGreek Park\� Nance r f. i R �........■�.i • Site Location K Floodway Q Special Flood Hazard Area o S\as i DWQ Classified Stream n Project Site DWQ Unclassified Stream o� Creek ° e ° t� ``•. 5 �o� �y! S ";4 S Ke<G'va i ° 9 �ii ee�Creek 4 ° q d 2), f o �orns)n Creek / a South Fork Muddy uee�� Creek y ((/ 00 N � o � j " • � Miller Creek ° �Y Cree o ems' u - z FrYes Cree I 0i • { htiva ice �y . -�a h%. � 4 II a• � / 1 I7A Cree e s Creek nLL Reedy Cre 0 SPECIAL FLOOD HAZARD AREA MAP ° °.75 1.5 s �' Hazen NMile Bennett and Commonwealth 1 inch - 1.5 mile Drive Improvements — WHSIOH.Salem Winston-Salem, North Carolina IPaC: Explore Location Page 1 of 12 IPaC Information for Planning and Consultation U.S. Fish& Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trustresources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site - specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Forsyth County, North Carolina Jr. ..1. � Local office Asheville Ecological Services Field Office (828) 258-3939 JJ3 (828) 258-5330 160 ZiIIicoa Street Asheville, NC 28801-1082 http://www.fws.gov/nc-es/es/countyfr.html https:Hecos.fws.gov/ipac/location/A3EIT2IGPJCQ5LRUDVJIWS5WRQ/resources 11/17/2019 lPaC: Explore Location Page 2 of 12 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: NW1. Draw the project location and click CONTINUE 2. Click DEFINE PROJECT. VNW 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries?). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: https:Hecos.fws.gov/ipac/location/A3EIT2IGPJCQ5LRUDVJIWS5WRQ/resources 11/17/2019 lPaC: Explore Location Page 3 of 12 Mammals NAME Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 Reptiles NAME Bog Turtle Clemmys muhlenbergii No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/6962 Flowering Plants NAME Small-anthered Bittercress Cardamine micranthera STATUS Threatened STATUS SAT 14 STATUS0 Endangered No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3462 lk \\'Je Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. 1�k I%W r— THERE ARE NO CRITICAL HABITATS ATTHIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act I. 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. 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 https:Hecos.fws.gov/ipac/location/A3EIT2IGPJCQ5LRUDVJIWS5WRQ/resources 11/17/2019 lPaC: Explore Location Page 4 of 12 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/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf 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 <<* 0 1?4110- GO�7 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws. og v/ecp/species/1626 Blue -winged Warbler Vermivora pinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA BREEDING SEASON (IE A BREEDING .............................................................................................. SEASON IS INDICATED FOR A BIRD ........................................................................................... ON YOUR LIST, THE BIRD MAY ................................................................................ BREED IN YOUR PROJECTAREA .................................................................................... SOMETIME WITHIN THE ............................................................... TIMEFRAME SPECIFIED, WHICH IS A ............................................................................................... VERY LIBERAL ESTIMATE OF THE ....................................................................................... DATES INSIDE WHICH THE BIRD ..................................................................................... BREEDS ACROSS ITS ENTIRE ............................................................................ RANGE. "BREEDS ELSEWHERE" ................................................................................... NDICATESTHATTHE BIRD DOES ......................................................................................... NOT LIKELY BREED IN YOUR ............................................................................ PROJECT AREA.) Breeds Sep 1 to Jul 31 Breeds May 1 to Jun 30 https:Hecos.fws.gov/ipac/location/A3EIT2IGPJCQ5LRUDVJIWS5WRQ/resources 11/17/2019 lPaC: Explore Location Page 5 of 12 Cerulean Warbler Dendroica cerulea Breeds Apr 28 to Jul 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/2974 Eastern Whip -poor -will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Aug 20 Breeds Apr 20 to Aug 20 Breeds May 1 to Jul 31 Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in th continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read 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. https:Hecos.fws.gov/ipac/location/A3EIT2IGPJCQ5LRUDVJIWS5WRQ/resources 11/17/2019 lPaC: Explore Location Page 6 of 12 How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season( ) %.. % ' Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort ( ) --,*. % % Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data( ) or- N Ir -16 A week is marked as having no data if there were no survey events for that week. Survey Timefra me 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. SPECIES Bald Eagle Non -BCC Vulnerable ........................................ (This is not a Bird of ......................................... Conservation Concern .............................................. (BCC) in this area, but ............................................ warrants attention ...................................... because of the Eagle ................................... Act or for potential ....................................... susceptibilities in ................................... offshore areas from ......................................... certain types of development or ................................. activities.) probability of presence breeding season I survey effort — no data JAN FEB MAR APR MAY JUN JUL AUG SEP OCT IIII III_ III +4+++ +++++$�l II NOV DEC I I I I III https:Hecos.fws.gov/ipac/location/A3EIT2IGPJCQ5LRUDVJIWS5WRQ/resources 11/17/2019 lPaC: Explore Location Page 7 of 12 Blue -winged Warbler +� ++++ ++++ ++++ I I I I I I I I I I I ++ ++oo 0000 ++++ ++++ ++++ BCC - BCR (This is a ........................................ Bird of Conservation .......................................... Concern (BCC) only in ............................................ particular Bird .............................. Conservation Regions ............................................. (BCRs) in the .......................... continental USA) .................................. l +T l I I y 1 I I I Cerulean Warbler BCC Rangewide (CON) 44 ++++ ++++ + I 4M+ ++ TT++ +++T +T++ +++T T+++ TT++ ------------------------------------- (This is a Bird of Conservation Concern .............................................. (BCC) throughout its .......................................... range in the ......................... continental USA and .......................................... Alaska.) ................ Eastern Whip -poor- will BCC Rangewide (CON) .............................................. (This is a Bird of Conservation Concern (BCC) throughout its range in the ...... continental USA and .A.I........aska.).......... ............... ............... Kentucky BCCRangewdeb(CON, ler I I I ++++ +++I III III III + �+ +�W+ F ++++ ++++ (This is a Bird of .......................... Conservation Concern (BCC) th.rou9hout... lts range in the ........................ continental USA and ......................................... .Alas........ka.)....... III L1 I l i - Prairie Warbler BCC Rangewide (CON) (This is a Bird of ......................of Conservation Concern .............................................. (BCC) throughout its ON range in the. continental USA an ........................... Alaska.) Prothonotary M I I I I I III III I I I I L I I ff� I I I I I I I I III Warbler BCC Rangewide (CON) ............................................. (This is a Bird of '.0'o"n' s' ...............ervation..0 onsConcern .............................................. (BCC) throughout its .......................................... range in the ......................... continental USA and ...................................... Alaskaa .) ................ Red-headed III I I I I I Woodpecker I I+ ++++ ++++ *4 tool I I I I I I I I I I I I BCC Rangewide (CON) .............................................. (This is a Bird of Conservation Concern .............................................. (BCC) throughout its .......................................... range in the ......................... continental .USA and ......................................... Alaska.) ................ https:Hecos.fws.gov/ipac/location/A3EIT2IGPJCQ5LRUDVJIWS5WRQ/resources 11/17/2019 lPaC: Explore Location Page 8 of 12 Rusty Blackbird BCC Rangewide (CON) .............................................. (This is a Bird of ................................. Conservation Concern .............................................. (BCC) throughout its ---------------------------------- range in the ......................... continental USA and ...................................... Alaskaa .) ................ Wood Thrush BCC Rangewide (CON) .............................................. is is a Bird of Conservation Concern .............................................. (BCC) throughout its .......................................... range in the ......................... continental USA and ---------------------------------- Alaska.) ................ ��011111 11111M 1111100 011111114 ++++ ++++ ++++ ++++ ++++ ++++ $000 0++# 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. %e 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 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? https:Hecos.fws.gov/ipac/location/A3EIT2IGPJCQ5LRUDVJIWS5WRQ/resources 11/17/2019 lPaC: Explore Location Page 9 of 12 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). -46 Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report 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 https:Hecos.fws.gov/ipac/location/A3EIT2IGPJCQ5LRUDVJIWS5WRQ/resources 11/17/2019 lPaC: Explore Location Page 10 of 12 knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. s THERE ARE NO REFUGE LANDS AT THIS LOCATION. 1 %.-JF Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. O\ Y Wetlands in the National Wetlands Inventory 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. This location overlaps the following wetlands: The area of this project is too large for IPaC to load all NWI wetlands in the area. The list below may be incomplete. Please contact the local U.S. Fish and Wildlife Service office or visit the NWI map for a full list. FRESHWATER EMERGENT WETLAND PEM1A PEM1 C PEM1 Cd https:Hecos.fws.gov/ipac/location/A3EIT2IGPJCQ5LRUDVJIWS5WRQ/resources 11/17/2019 lPaC: Explore Location Page 11 of 12 PEM1 Ch PEM1Ax PEM1 Fh PEM1Ah PEM1 F FRESHWATER FORESTED/SHRUB WETLAND PF01A PSS1A PF01C PF01Ah PSS1Ax PSS1 C PF01Ax PF01Ad PF01Cd PSS1 Ch PSS1 Ah PF01Fh PSS1 Fh PSS1 F PSS1 Cd FRESHWATER POND PUBHh PUBKx PUBHx PUSCh PUSCx PUSC PAB4Hh PUBF k i PAB3Hh PUBFx LAKE L1 UBHh RIVERIN E R4SBC R2UBH RSUBH R3UBH FOB A full description for each wetland code can be found at the National Wetlands Inventory website Data limitations https:Hecos.fws.gov/ipac/location/A3EIT2IGPJCQ5LRUDVJIWS5WRQ/resources 11/17/2019 lPaC: Explore Location Page 12 of 12 The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. V iX*% Data precautions ! Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. 40 <(p ON 00, 0 https:Hecos.fws.gov/ipac/location/A3EIT2IGPJCQ5LRUDVJIWS5WRQ/resources 11/17/2019