20191672 Ver 1_PCN Form Submission_20191206

DWR
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?*
G Yes r No
Change only if needed.
BIMS # Assigned
20191672
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Asheville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Stacy Hill Road Water Line Extension
1a. Who is the Primary Contact?*
Jon Swaim
1b. Primary Contact Email:*
[e-mail]
Date Submitted
12/6/2019
Nearest Body of Water
Thompsons Fork
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
35.705951
A. Processing Information
County (or Counties) where the project is located:
McDowell
Is this project a public transportation project?*
r Yes r No
Longitude:
-81.939948
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?
* Nationwide Permit (NWP)
* Regional General Permit (RGP)
7 Standard (IP)
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Amy Annino:eads\amannino
1c. Primary Contact Phone:*
[phone]
U

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 12 - Utility Lines
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
r 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification: r Yes r No
For the record onlyfor Corps Permit: r Yes r No
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. lathe 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
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:
McDowell County
2b. Deed book and page no.:
WA - Utility line easement
2c. Responsible party:
Ashley R. Wooten, County Manager
2d.Address
Street Address
100 Spaulding Road, Suite 1
Address Line 2
aty
Marion
Postal / Zip Code
28752
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jon Swaim
State / Province / legion
North Carolina
Country
USA
2f. Fax Number:

4b. Business Name:
McGill Associates, P.A.
4c.Address
Street Address
1013 State Farm Road
Address Line 2
CKY
Boone
Postal / Zip Code
28607
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Signed Agent Authorization. pdf
State / Province / Region
NC
0—try
US
4e. Fax Number:
47.85KB
C. Project Information and Prior Project History C^)
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Nebo
2. Project Identification
2a. Property Identification Number:
N/A - Utility line easement
2c. Project Address
Street Address
Stacy Hill Road/Highway 70 Intersection
Address Line 2
city
Marion
Postal / Zip Code
28752
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Thompsons Fork
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501010603
4. Project Description and History
2b. Property size:
0.58
State / Prmince / legion
NC
Country
US
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 is located to the south of the Stacy Hill Road and Highway 70 intersection, approArnately one mile SW of Nebo, North Carolina. The proposed project will be conducted
within a McDowell County utility easement . The project site will encompass approbmately 0.58 acres of upland area and approbmately 25 L.F. of Thompsons Fork. The proposed
project site consists of mainly open land with a riparian forested area along Thompsons Fork. Adjoining properties appear to be mainly residential and forested open land.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes G 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)
USGS Map.pdf
1.94MB
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)
Soil Map.pdf 341.72KB

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:
95
4h. Explain the purpose of the proposed project:*
McDowell County has recently extended water service into the Nebo Community of eastern McDowell County to service residential and commercial customers who have experienced
water quality and/or quantity issues with their individual well -based water supply systems. Service is currently available to approximately 292 connections within the Nebo area. The
purpose of the proposed extension is to connect existing water lines along Highway 70 and Stacy Hill Road, providing municipal potable water service to additional residents in the area.
In addition, the project will provide fire protection to the area by servicing fire hydrants, gate valves, and all other accessories and appurtenances.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed 8" water line will extend from an existing water line on Stacy Hill Road to an existing water line along Highway 70 for a total length of approximately 300 feet. The new
water line will be installed within an existing utility line easement and cross Thompsons Fork via open cut trench (see Sheet C-101). Installation by directional drill was considered for the
proposed crossing, however, shallow bedrock in the project area would not allowfor the project to be completed as a directional drill. A temporary pipe Will be placed in Thompsons Fork
with sand bag dams to divert flow during trenching (see Detail EC 34). Removed stream bed material will be side cast and used to back fill the trench. All in stream work including
trenching and backfilling will occur in the dry. Once the 8" water line has been installed and the trench filled, disturbed stream bank areas will be returned to original conditions, the sand
bags and pipe diversion will be removed, and stream banks stabilized with fully biodegradable matting and native NC riparian seed mix Trenching and water line installation will result in
approximately 25 linear feet of temporary impacts to Thompsons Fork. See Impact Map - Impact S1.
The proposed in -stream work will not be completed between October 15th and April 15th due to the Trout Moratorium.
Typical construction excavation and grading equipment will be used for the proposed project such as front-end loaders, dump trucks, excavators, and skid steers.
4j. Please upload project drawings for the proposed project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jon Swaim, Alex Lowdermilk
Agency/Consultant Company: Mcgill Associates P.A.
Other:
5d1. Jurisdictional determination upload
PJD Draft.pdf 5.31 MB
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?
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 ofwidth *:1 3h. Impact
(?) Jurisdiction* length*
S1 Water Line Extension Temporary Excavation Thompsons Fork Perennial Corps t0 25
Average (feet) (lir�rfeet)
31. Total jurisdictional ditch impact in square feet:

31. Total permanent stream impacts:
31. Total stream and ditch impacts:
25
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
25
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed water extension was designed to cross Thompsons Fork at a near perpendicular angle. Stream flow diversion specified to ensure that
all in -stream work occurs in the dry. Stream -bank restoration designed to return disturbed stream areas to original conditions and includes fully
biodegradable matting and native seeding.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Special care will be taken to make sure in -stream work occurs during normal to lowflow conditions. Disturbed areas will be stabilized as soon as is
practical.
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:
The project will result in temporary impacts with no loss of stream bed requiring no compensatory mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) u
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:
Stormwater rules are not applicable to this project.
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:
FG. Supplementary Information
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
u
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:*
McDowell County is funding the proposed project.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 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?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
No additional development anticipated as a result of the proposed work.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No
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
r Unknown
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?
https://ecos.fws.g ov/ipact
hftps://www.fm.gov/raleigh/species/cntylist/mcdovvell.html
hftps://ncnhde.natureserve.org/
Consultation Documentation Upload
17-410 Stacy Hill Road Water Line_USFWS comment letter.pdf 142.43KB
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?*
https://www. fish eries. noaa. gov/resou rce/ma p/esse ntia I -fish -habitat -ma ppe r
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?*
https://nc. maps.arcgis.conitapps/vvebappviewer/index html?id=79ea671 ebdcc45639f0860257d5f5ed7
7c. Historic or Prehistoric Information Upload
NCHPO.pdf 479.3KB
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?*
https://fris.nc.gov/fris/index.asp,?FIPS=111&ST=NC&user=General Public
Miscellaneous

Comments
Miscellaneous attachments not previously requested.
FRIS Map. pdf 377.02KB
IPAC.pdf 516.08KB
Photo Sheet 1.pdf 1.03MB
IMPACT MAP. pdf 1.04MB
Signature
® 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:
Jon Swaim
Signature
Date
12/6/2019

ShapingCommunitiesTo2ethermcgillAGENTAUTHORIZATIONFORMPROJECTNAME:StacyHillRoadWaterLineExtensionPROPERTYLEGALDESCRIPTION:CountyUtilityEasementPARCELID.NullSTREETADDRESS:OffStacyHillRoadPleasePrintPropertyOwner/Representative:AshleyWooten(IfRepresentative)Title:CountyManager,McDowellCountyTheundersigned,registeredpropertyownersoftheabovenotedproperty,doherebyauthorizeJonSwaim,ofMcGillAssociatesP.A.(Contractor/Agent)(Nameofconsultingfirm)toactonmybehalfandtakeallactionsnecessaryfortheprocessing,issuanceandacceptanceofthispermitorcertificationandanyandallstandardandspecialconditionsattached.PropertyOwner’s/Representative’sAddress(ifdifferentthanpropertyabove):CountyAdministrationAnnex100SpauldingRoad,Suite1Marion,NC28752__Telephone:[phone]Weherebycertifytheaboveinformationsubmittedinthisapplicationistrueandaccuratetothebestofourknowledge._________AuthoriedSiatureAuthorizedSignatureDate:,22Date:__________________1013STATEFARMROAD,BOONE,NORTHCAROLINA28607I828.386.1920Iwww.mcgillassociates.com
© 2019 Microsoft Corporation © 2019 HERE
DIVISION VALUE = FEETGRAPHIC SCALE
1000 0 500 1000 2000
1000
USGS MAP 3
FIGURE10/22/19 17.00340
DATE PROJECT #
NORTH CAROLINA
McDOWELL COUNTY
STACY HILL ROAD
WATER LINE EXTENSION
MC AL
OFFICE MANAGER DESIGNER
MD JS
PROJECT MANAGER REVIEWER
L:\BROADSTREET\PROJECTS\2017\17.00340\ENVIRONMENTAL\FIGURES.DWG PLOT DATE 10/22/2019 2:38 PM ALEX LOWDERMILK1013 State Farm Road
Boone, NC 28607
828.386.1920
NC Firm License # C-0459
mcgillassociates.com
Study Limits
Soil Map—McDowell County, North Carolina
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
10/22/2019
Page 1 of 339516303951660395169039517203951750395178039518103951630395166039516903951720395175039517803951810414820414850414880414910414940414970415000415030415060415090415120
414820 414850 414880 414910 414940 414970 415000 415030 415060 415090 415120
35° 42' 24'' N 81° 56' 30'' W35° 42' 24'' N81° 56' 17'' W35° 42' 17'' N
81° 56' 30'' W35° 42' 17'' N
81° 56' 17'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84
0 50 100 200 300
Feet
0 20 40 80 120
Meters
Map Scale: 1:1,500 if printed on A landscape (11" x 8.5") sheet.
Soil Map may not be valid at this scale.
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:24,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: McDowell County, North Carolina
Survey Area Data: Version 20, Sep 16, 2019
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Dec 2, 2010—Nov 9,
2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Soil Map—McDowell County, North Carolina
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
10/22/2019
Page 2 of 3
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
EwE Evard-Cowee complex, 25 to
60 percent slopes
0.1 21.6%
HeD Hayesville-Evard complex, 15
to 25 percent slopes
0.0 0.9%
IoA Iotla sandy loam, 0 to 2
percent slopes, occasionally
flooded
0.5 77.5%
Totals for Area of Interest 0.6 100.0%
Soil Map—McDowell County, North Carolina
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
10/22/2019
Page 3 of 3
St a cy Hill Ro ad Oct 24 , 2019¯
No rth Car ol ina F loo dpl ain Mapping Program
PHOTO SHEET 1 4
FIGURE
NORTH CAROLINA
McDowell County
STACY HILL ROAD
WATER LINE EXTENSION10/23/19
DATE
17.00340
PROJECT #
MD
PROJECT MANAGER
L:\BROADSTREET\PROJECTS\2017\17.00340\ENVIRONMENTAL\FIGURES.DWG PLOT DATE 10/23/2019 4:50 PM ALEX LOWDERMILK1013 State Farm Road
Boone, NC 28607
828.386.1920
NC Firm License # C-0459
mcgillassociates.com
Photo One: View looking southwest at the
study limits and Thompsons Fork.
Photo Two: View looking upstream at
Thompsons Fork in the study limits.
Photo Three: View looking downstream at
Thompsons Fork in the study limits.
Photo Four: View looking southwest at the study
limits and Stacy Hill Road in the background.
IMPACT S-1APPROX. 25 LFPROPOSED 8"WATER LINETHOMPSONS FORKWATER LINECREEK CROSSINGIMPACT MAP19.00350 McDOWELL COUNTY STACY HILL ROAD WATER LINE EXTENSION55 Broad StreetAsheville, NC 28801828.252.0575NC Firm License # C-0459mcgillassociates.comDIVISION VALUE = FEETGRAPHIC SCALE5002550100500M. CATHEYM. DOWDM. DOWD_NOVEMBER, 201919.00350N/AIMPACTPLANP:\2019\19.00350-MCDOWELLCONC-STACY HILL RD WATER LINE CR\DRAWINGS\WATER\IMPACT MAP.DWG PLOT DATE 12/6/2019 3:55 PM JON SWAIMNO.DATEBYDESCRIPTIONSHEETOFFICE MANAGERPROJECT MANAGERDESIGNERREVIEWERDATEPROJECT #FUNDING #STACY HILL ROADNORTH CAROLINAMcDOWELL COUNTYWATER LINE EXTENSIONDIVISION VALUE = FEETGRAPHIC SCALE5002550100500MAP

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street Suite #B
Asheville, North Carolina 28801
June 21, 2017

Ms. Ashley Wooten
McDowell County
60 East Court Street
Marion, North Carolina 28752

Dear Ms. Wooten:

Subject: Proposed Stacy Hill Road Water Line, McDowell County, North Carolina

We received your letter dated May 18, 2017 (received on June 5, 2017), requesting our
comments on the subject project. The following comments are provided in accordance with the
provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.) and section 7 of
the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).

According to our records and a review of the information you provided, no federally listed
species or their habitats occur in the project area. Therefore, we believe the requirements under
section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered, (2) this action is
subsequently modified in a manner that was not considered in this review, or (3) a new species is
listed or critical habitat is determined that may be affected by the identified action.

We appreciate the opportunity to provide these comments. If we can be of assistance or if you
have any questions, please contact Mr. Allen Ratzlaff of our staff at 828/258-3939, Ext. 229. In
any future correspondence concerning this project, please reference our Log Number 4-2-17-410.

E-Copy:
Andrea Leslie, North Carolina Wildlife Resources Commission, [e-mail]

NCHPO HPOWEB
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/
Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User
Community
Local districts & boundaries
Local individual resources & centerpoints
Local Landmark
Local Landmark, Gone
Local HD Center Point
Surveyed Only individual resources & centerpoints
Surveyed Only
Surveyed in NRHD
Surveyed Only, Gone
Surveyed in NRHD, Gone
Blockface- Multiple properties
Blockface in NRHD
Surveyed Area, No designation
Surveyed Area in NHRD
DOE districts & boundaries
Determined Eligible Boundary
Both DOE and Study List Boundary
DOE individual resources & centerpoints
Determined Eligible
DOE, Gone
SL and DOE
SL and DOE, Gone
DOEHD Center Point
SLDOEHD Center Point
SL districts & boundaries
Study List Boundary
Both SL and Determined Eligible Boundary
SL individual resources & centerpoints
SL Individual Entry
SL and DOE entry
Study List Entry, Gone
SL and DOE, Gone
SLHD Center Point
SLDOEHD Center Point
NR districts & boundaries
National Register Boundary
10/24/2019 4:54:26 PM
0 0.01 0.020.01 mi
0 0.01 0.030.01 km
1:564
North Carolina State Historic Preservation Office
Microsoft |
October 24, 2019
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.gov/nc-es/es/countyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2020-SLI-0052
Event Code: 04EN1000-2020-E-00136
Project Name: Stacy Hill Road

Subject:List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc_counties.html. The AFO website list includes “species of concern” species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmls/project_review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant_survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html
10/24/2019 Event Code: 04EN1000-2020-E-00136   2

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/htmls/project_review/assessment_guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;
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http://www.towerkill.com; and http://www.fws.gov/migratorybirds/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
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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
[phone]
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Project Summary
Consultation Code:04EN1000-2020-SLI-0052
Event Code:04EN1000-2020-E-00136
Project Name:Stacy Hill Road
Project Type:DREDGE / EXCAVATION
Project Description:Water Line Extension
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.70574439079756N81.94007157319442W
Counties:McDowell, NC
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1.
Endangered Species Act Species
There is a total of 6 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
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2657
Endangered
Gray Bat Myotis grisescens
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Endangered
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Threatened
1
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Flowering Plants
NAME STATUS
Mountain Golden Heather Hudsonia montana
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/131
Threatened
Small Whorled Pogonia Isotria medeoloides
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
Threatened
White Irisette Sisyrinchium dichotomum
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8097
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
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3.
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act .
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.
The Migratory Birds Treaty Act of 1918.
The Bald and Golden Eagle Protection Act of 1940.
50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https://ecos.fws.gov/ecp/species/1626
Breeds Sep 1 to
Aug 31
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
Jul 31
1
2
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NAME
BREEDING
SEASON
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10
to Aug 31
Yellow-bellied Sapsucker sphyrapicus varius
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
(BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/8792
Breeds May 10
to Jul 15
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.
How is the probability of presence score calculated? The calculation is done in three steps:
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.
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.
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 ()
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no data survey effort breeding season probability of presence
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.
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.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non-BCC Vulnerable
Prairie Warbler
BCC Rangewide (CON)
Wood Thrush
BCC Rangewide (CON)
Yellow-bellied
Sapsucker
BCC - BCR
Additional information can be found using the following links:
Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance/
conservation-measures.php
Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/
management/nationwidestandardconservationmeasures.pdf
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Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
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3.
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:
"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);
"BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
"Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non-eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
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
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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.
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Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
FRESHWATER FORESTED/SHRUB WETLAND
PSS1A