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HomeMy WebLinkAbout20200096 Ver 1_PCN Form Submission_20200116DWR 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 20200096 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Nboresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: Plato Lee Industrial Park 1a. Who is the Primary Contact?* Jon Swaim 1b. Primary Contact Email:* jon.svvaim@mcgillassociates.com Date Submitted 1/16/2020 Nearest Body of Water Lrf to Beaverdam Creek Basin Broad Water Classification C Site Coordinates Latitude: Longitude: 35.321005-81.620495 A. Processing Information County (or Counties) where the project is located: Cleveland 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? * 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* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (828)386-1920 V 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 39 - Commercial/Institutional Developments F 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? 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: City of Shelby 2b. Deed book and page no.: 1801/1225 2c. Responsible party: Rick Howell, City Manager 2d.Address Street Address 300 South Washington Street Address Line 2 City Shelby Postal / Zip Code 28151-0207 2e. Telephone Number: (704)484-6801 2g. Email Address:* rick.howell@cityofshelby.com 4. Agent/Consultant (if applicable) 4a. Name: Jon Swaim State / Province / legion North Carolina Country USA 2f. Fax Number: 4b. Business Name: McGill Associates 4c.Address Street Address 1013 State Farm Road Address Line 2 CtY Boone Postal / Zip Code 28607 4d. Telephone Number: (828)386-1920 4f. Email Address:* jon.svvaim@mcgillassociates.com Agent Authorization Letter* Signed Agent Authorization Form.pdf State / Province / Region North Carolina Country USA 4e. Fax Number: 52.67KB C. Project Information and Prior Project History C^) 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Shelby 2. Project tt Identification 2a. Property Identification Number: 2b. Property size: 2518816572 46.906 2c. Project Address Street Address Plato Lee Road Address Line 2 (Sty State / Rovince / legion Shelby North Carolina Postal / Zip Code Country 28150 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* UT to Beaverdam Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Broad 3d. Please provide the 12-digit HUC in which the project is located. 030501050704 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The project site is located at the intersection of Plato Lee Road and Blue Brook Drive, approbmately five miles from Shelby, North Carolina. Work will be conducted within a City of Shelby owned property. The project site will encompass approAmately 46.906 acres with multiple adjoining jurisdictional wetlands/streams. Project area consists of mainly open land with a mix of scrub shrub species and mature riparian forested area. Adjoining properties appear to be mainly open land with developed commercial and residential areas. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* f Yes r No B 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 556.9KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Soils Map.pdf 560.96KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.160 4g. List the total estimated linear feet of all existing streams on the property: 4,307 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to develop the property as an industrial park with necessary water and sanitary sewer infrastructure, erosion control and stormwater measures, parking and access roads. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project consists of the construction of an industrial park off Plato Lee Rd in Cleveland County, NC. Plans include a proposed 100,000 square foot shell building, paved parking, 20 wide temporary gravel access road, and a heavy-duty asphalt driveway located in the southern corner of the property along Plato Lee Road. The City proposes to mass grade the remainder of the project area to allow for the construction of future buildings, parking, and access drives (see Sheets C-101 and C-110). Initial erosion control measures include silt fence, grassed svoles with rip rap outlet protection, and temporary skimmer sediment basins (see Sheet C-109). Intermediate erosion control plans include adding temporary diversion berms and slope drains with rip -rap outlet protection (see Sheet C-110). Erosion control measures Will be installed per the approved plans prior to any disturbed activity. Permanent storm -water measures consist of box inlet drains with subsurface piping to divert surface flow to a converted wet pond (Skimmer basin SBA). A permanent 25' vegetative buffer will be established wkiere practical along jurisdictional areas to aid in preventing the release of sediment during construction and through the life of the development (see Sheet C-111). Mass grading and installation of erosion control measures will result in permanent impacts to approximately 29 linear feet of a small UT to S1 and the entirety of Wetland 4, approximately 0.03-acres. See attached Impacts Map. Temporary skimmer sediment basins will be installed as shown on plans. Slope matting will be placed at the entrance into the basin, along the spillway, and on the outside slope of berm. A gravel construction entrance will be installed at the four entrances shown on the plans. All driveways will be approved by NCDOT prior to use/construction. Temporary diversion berms will be constructed to divert flow and sediment to the temporary skimmer sediment basins as shown on the plans. All cut slopes will be 2:1 or flatter to avoid instability due to wetness, to provide fill material, and to allow a smaller width of clearing. Cut slopes will be fine graded immediately after rough grading, the surface will be lightly roughened and vegetated according to the seeding specifications. Fill slopes will be 3:1 or flatter. Fill will be placed in layers not to exceed 8 inches in depth and compacted to a minimum of 95% standard proctor. The surface 4" to 6" of the 3:1 fill slopes will be left in a loose condition and groomed on the contour before seeding. Filling will be done as a continuous operation until final grade is reached. Sediment fence will be constructed as shown and as needed on the project. Additional sediment fence will be placed as directed by the engineer. Surface stabilization will be accomplished with vegetation and mulch as specified in the seeding specifications. Outlet stabilization structures will be constructed at the exits of all channels/pipes where flow is concentrated. The structures will be constructed of appropriately sized rip rap and of sufficient size to decreases flow velocities.Porous baffles will be installed in all skimmer sediment basins to distribute the flow within the basin. The porous baffles vdll be installed in accordance with the construction details included in the plan set. Compost socks, also referred to as wattles, Will be installed at the locations shown on the plans. Wattles will be installed at all permanent stormwater catch basins to capture any sediment within stormwater that is generated during a rain event from disturbed areas. In addition to the permanent stormwater catch basins, wattles will also be installed within all temporary diversion ditches. The required spacing will follow NCDEQ guidelines. The wattles within the temporary diversion ditches will reduce flow velocities as well as capture and deposit sediment. Proposed sewer plans call for approx. 717 linear feet of 8" SDR-21 PVC subsurface sewer line which will extend from the proposed building to an existing sewer main in the southeast corner of the property across S2. The proposed sewer line will cross S2 via open cut trench. A pump around diversion or other approved diversion technique will be used to allowall instream work to occur in the dry. Excavated streambed material will be side cast and used as backfill once sewer line is installed to establish streambed back to original conditions. Disturbed streambanks will be returned to original contours and elevations and stabilized with fully biodegradable matting, native live stakes, and a native seed mix (see Sheets C-113, C-114, C-504). Sewer line installation will result in approx. 35 linear feet of temporary impacts to S2.See attached Impacts Map. Equipment Will consist of bulldozers, skid steers, dumptrucks, and back hoes. 4j. Please upload project drawings for the proposed project. Plato Lee Road - Permit Plan Set 011620.pdf 16.92MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: Jurisdictional areas delineated by Clearwater Environmental Consultants. 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: SAW-2010-00061 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Britten Yant Agency/Consultant Company: Clearwater Environmental Consultants Other: C Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR 6/27/2019 - SAW-2010-00061 5d1. Jurisdictional determination upload JD - SAW-2010-00061.pdf 1.9MB 6. Future Project Plans 6a. Is this a phased project?* r Yes C No 7b. If yes, explain. Future phases of the project allowfor the construction of additional buildings and parking areas. Current plans call for mass grading, and stormwater and erosion control measures to allowfor the future development. No additional impacts to jurisdictional features are anticipated as a result of planned future development. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Open Waters F Pond Construction 2. Wetland Impacts F- Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type * M �2c. Type of W. 2d. W. name * 2e. Forested* 2f. Type of Impact Jurisdicition*(?)]2g. area* t 1 Commercial Fill 77] P Headwater Forest Wetland 4 Yes Corps 0.030 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.030 2h. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.030 3a. Reason for impact (?) 3b.lmpact type * �3.. Type of impact* �3�name* ��3e. Stream Type* 3f. Type of ff�� 3h. Impact (?) Jurisdiction* length* S1 Fill Permanent Fill LIT to S1 Perennial Both 2 Average (feet) 29 (linearfeet) S2 Excavation Tem orar P Y Excavation S2 Perennial Both 5 Average (feet) 35 (lir�rfeet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 29 3i. Total stream and ditch impacts: 64 3j. Comments: 3i. Total temporary stream impacts: 35 E. Impact Justification and Mitigation 6 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Permanent erosion control designed to intercept surface water and limit sedimentation to jurisdictional waters. Erosion control plans include silt fencing, rip rap outlet protection, temporary skimmer sediment basins, temporary diversion berms, & slope matting to avoid impacts to the wetlands. Permanent 25' vegetative buffer established along jurisdictional features where practical to limit sedimentation. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Erosion control measures shall be used during construction to minimize impacts to the streams and wetlands. Steps to minimize impacts include minimizing the duration of ground breaking activities and conducting work at stream crossings during lowflow conditions. All instream work to occur in the dry. Disturbed areas to be stabilized using native seeding, biodegradable matting, and native live stakes. 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: Permanent impacts limited to 29LF stream impacts and 0.015-acres wetland impacts. 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: No riparian buffers associated with Broad 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 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. Future development within the project area is not anticipated to impact any jurisdictional features. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NA 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 r Unknown Se. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? 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? hftps://ecos.fm.gov/ipact hftps://www.N&.gov/raleigh/species/cntylist/cleveland.html https://ncnhde.natureserve.org/ A T&E species survey was completed by McGill Associates biologist within the project area. Special attention was given to forested riparian areas along streams to determine if Dwarf -Flowered heartleaf was present. No plants were found during site survey. No signs of Bald eagle nesting was found within the project area. Cleveland County does not contain Northern long-eared bat watersheds with known maternity trees or hibernation sites. Consultation Documentation Upload IPAC.pdf 363KB 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.habitat.noaa.gov/application/efhmpper/indexhtml 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.conVapps/vvebappviewer/index html?id=d2d04d8d7e03403f889419526e682529 7c. Historic or Prehistoric Information Upload NCHPO Map.pdf 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/ Miscellaneous Comments Miscellaneous attachments not previously requested. Floodplain Map.pdf IPAC.pdf Location Map.pdf Impact Map.pdf Signature * W By checking the box and signing below, I certify that: 567.91 KB 414.19KB 363KB 655.96KB 697.47KB • 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 AGC); • 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 0911-15.7 Date 1 /16/2020 u l Shaping Communities Together mcgil AGENT AUTHORIZATION FORM PROJECT NAME: Plato Lee Industrial Park PROPERTY LEGAL DESCRIPTION: DB:1801 PG:1225 PARCEL ID. 2518816572. STREET ADDRESS: Plato Lee Road Please Print Property Owner/Representative: Rick Howell (If Representative) Title: Shelby City Manager The undersigned, registered property owners of the above noted property, do hereby authorize ]on Swaim _ _�- of McGill Associates P.A. (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. Property Owner's/Representative's Address (if different than property above): City of Shelby 300 South Washington Street, Shelby, NC 28151 Telephone: 704-484-6800 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. a�c'l/ — - Au orrzed Signature Authorized Signature y J Date: LQ � Date: 1013 STATE FARM ROAD, BOONE, NORTH CAROLINA 28607 1 828.386.1920 1 www.mcgillassociates.com o 443480 35o 19' 21" N rr t 1_44 �. r Soil Map —Cleveland County, North Carolina (Plato Lee Industrial Park) 443550 44= 443690 443760 d• w PF AK _ 3 tea.. ►..: ' AV �'` _ - f _ s♦ -NO r F ' r. Y• Op 17 Soil MaN may not he valiel a•t this scale. '�� 35o 19' 1" N 443480 443550 443620 443690 443760 443830 m Map Scale: 1:3,000 if printed on A portrait (8.5" x 11") sheet. Meters m N 0 40 80 1E0 240 Feet 0 100 200 400 E00 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 0 o 4439M 35o 19' 21" N !9 1 35o 19' 1" N 443900 0 m 11/21/2019 Pagel of 3 MAP LEGEND Area of Interest (AOI) 0 Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot 0 Landfill A. Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip o Sodic Spot Soil Map —Cleveland County, North Carolina (Plato Lee Industrial Park) MAP INFORMATION Spoil Area The soil surveys that comprise your AOI were mapped at 1:24,000. Stony Spot th Very Stony Spot Warning: Soil Map may not be valid at this scale. Wet Spot Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil 4� Other line placement. The maps do not show the small areas of Special Line Features contrasting soils that could have been shown at a more detailed scale. Water Features Streams and Canals Please rely on the bar scale on each map sheet for map measurements. Transportation — Rails Source of Map: Natural Resources Conservation Service Web Soil Survey URL: . 0 Interstate Highways Coordinate System: Web Mercator (EPSG:3857) US Routes Maps from the Web Soil Survey are based on the Web Mercator Major Roads projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Local Roads Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. Background Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Cleveland County, North Carolina Survey Area Data: Version 22, 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: Apr 23, 2014—Oct 18, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey 11/21/2019 Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map —Cleveland County, North Carolina Plato Lee Industrial Park Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI ApB Appling sandy loam, 1 to 6 24.0 56.2% percent slopes CaB2 Cecil sandy clay loam, 2 to 8 5.3 12.5% percent slopes, moderately eroded ChA Chewacla loam, 0 to 2 percent 3.0 7.0% slopes, frequently flooded HeB Helena -Worsham complex 1 to 4.5 10.6% 6 percent slopes PaC2 Pacolet sandy clay loam, 8 to 5.8 13.7% 15 percent slopes, moderately eroded Totals for Area of Interest 42.7 100.0% USDA Natural Resources Web Soil Survey 11/21/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 1 • � l t ! I I �r dr • 41 01so r • - .3 1 14 i \ � -- _ Legend Property % ' � Line it - �- • 1000 0 500 1000 2000 � j rs • �J • f _ GRAPHIC SCALE DIVISION VALUE = 1000 FEET DATE FIGURE AT21/19 PLATO LEE INDUSTRIAL PARK 1013 State Farm Road PROJECT # Boone, NC 28607 1USGS MAP 'Y1C 929.396.1920 19.00153 CITY F H E L BY NC Firrn License#C-0459 PROJECT MANAGER mcgillassociates.com SB CLEVELAND COUNTY, NORTH CAROLINA N Legend Panels Flood Hazard Areas 0 Political Areas - AE Stream Centerline dir djW FIoodway(AE) Cross Sections 0.2 % Chance Annual Flood Hazard r Levee Future Conditions 1%Annual Chance Flood Hazard North Carolina Floodplain Mapping Program .,n ,e.,�• ;mac f R-� � . I t Permanent Impact W1 - w j Wetland 4 r _ Legend •� FPer1manent Impact Wetland - UT -Stream 1 Limits t Property Line ' , ,• Impact ` 3' • . t Impacts Table z `' t Temporary �� r Impact - S2 35 L.F. , F Permanent 29 L.F. Temporary Impact Impact - S1 r �. S2 - Stream 2 t. r , Ak Permanent Impact - W1 0.03 Acres 250 0 125 250 500 SCALE DIVISION VALUE = 250 FEET r • 41„ 1013 State Farm Road Boone, 28607 1'Y1C 929F— 8.386.1920 NC Firm Licee nse # mcgillassociates.com s.com DATE 1/16/20 PLATO LEE INDUSTRIAL PARK CITY F H E L BY IMPACTS MAP FIGURE PROJECT # 19.00153 PROJECT MANAGER SB CLEVELAND COUNTY, NORTH CAROLINA N .-r clFRu Legend Property Line 1000 0 500 1000 2000 GRAPHIC SCALE DIVISION VALUE = 1000 FEET 41 Fri DATE lmzo PLATO LEE INDUSTRIAL PARK FIGURE 1013 State Farm Road Boone, NC 28607 828.3 UK. CITY F H E L BY LOCATION MAP PROJECT # 19.00153 1'Y1C NC Finn License#C-0459 mcgillassociates.com PROJECT MANAGER SB 2 CLEVELAND COUNTY, NORTH CAROLINA NCHPO MAP c � r e� a G eR C r G CLO181 Came7'-Rilson House 0 yYhlxrn gl CL0135 Lattimore Historic to airDistrict 1998 Lattimore Ar� - ++ �att4Cna[� �� CL ,128 AIfred F A:. `0 HOLISe 0 M c 4rrc�a R.I U t a a 15 CL0166 Kate and P L1I Holland Farm CL0129AHa ilton Frl�rBra}er # F arm 1999 CL0088 Clyde and r-Attie Bridges House ■ 'V CL0093 A 1 rep; Yves Hamd r House m fi 4-6 Ito r� K*� t� lip, LEVELAND 'i Ltd a r C6 4 Aftke Rd t 00011elo Randolph Rd W Dixon Bivd CL0012 Coleman Blanton ■ Farm 1996 Oh4Mw ct as CL0473 Con-w ell-McSvain F Ynr V 0 $.fir Z u CL0474 Po3ton Gabin LOG a qb %'■ ��ft ■ ti • ■ ■ W OLxon 9jiv# Shelby L x} 0;-'r ;ror Fbrk P.Vna'fril .... rf,_,'urja • w 11 /21 /2019 4:11:46 PM 1:36,112 Project Area Surveyed Only individual resources & centerpoints 11k Surveyed Area, No designation DOE, Gone Both SL and Determined Eligible Boundary 0 0.38 0.75 1.5 mi Local districts & boundaries Surveyed Only ; Surveyed Area in NHRD SL and DOE SL individual resources & centerpoints 0 0.5 1 2 km Local individual resources & centerpoints ■ Surveyed in NRHD DOE districts & boundaries SL and DOE, Gone SL Individual Entry 0 Local Landmark * Surveyed Only, Gone =Determined Eligible Boundary DOEHD Center Point SL and DOE entry Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, ■ Local Landmark, Gone ' Surveyed in NRHD, Gone C Both DOE and Study List Boundary 0 Study List Entry, Gone NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri SLDOEHD Center Point (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS ' Local HD Center Point t Block -face- Multiple properties DOE individual resources & centerpoints SL districts &boundaries • SL and DOE, Gone User Community 4 Block -face in NRHD Determined Eligible Study List Boundary SLHD Center Point North Carolina State Historic Preservation Office State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS I NCCGIA I NC Counties, NCCGIA, NC OneMap, US EPA I Esri, HERE United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/couMfr.html In Reply Refer To: November 22, 2019 Consultation Code: 04EN1000-2020-SLI-0127 Event Code: 04EN1000-2020-E-00319 Project Name: Plato Lee Industrial Park Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmis/project review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 11/22/2019 Event Code: 04EN1000-2020-E-00319 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; 11/22/2019 Event Code: 04EN1000-2020-E-00319 http://www.towerkill.com; and http://www.fws.gov/migrato!ybirds/CurrentBirdlssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Wetlands 11/22/2019 Event Code: 04EN1000-2020-E-00319 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 11/22/2019 Event Code: 04EN1000-2020-E-00319 2 Project Summary Consultation Code: 04EN1000-2020-SLI-0127 Event Code: 04EN1000-2020-E-00319 Project Name: Plato Lee Industrial Park Project Type: DEVELOPMENT Project Description: Industrial Park near Shelby, North Carolina Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/35.3197841501256N81.61955541734756W W SKWn *Rd Counties: Cleveland, NC 11/22/2019 Event Code: 04EN1000-2020-E-00319 3 Endangered Species Act Species There is a total of 2 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAM L STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Flowering Plants NAME S-T Dwarf -flowered Heartleaf Hexastylis nani flora Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2458 Critical habitats HERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 11/22/2019 Event Code: 04EN1000-2020-E-00319 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. I►I_1u1� BREEDING SEASON Rusty Blackbird Euphagus carolinus Breeds elsewhere 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 11/22/2019 Event Code: 04EN1000-2020-E-00319 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. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. 11/22/2019 Event Code: 04EN1000-2020-E-00319 3 ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Rusty Blackbird +--- —++— -4-- — --- ---- ---- ---- -- — 1 1 1 BCC Rangewide (CON) Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migrator3Lbirds/pdf/ management/nationwidestandardconservationmeasures. pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (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. 11/22/2019 Event Code: 04EN1000-2020-E-00319 4 Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can 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 11/22/2019 Event Code: 04EN1000-2020-E-00319 5 For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 11/22/2019 Event Code: 04EN1000-2020-E-00319 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 • PF01A RIVERINE • R4SBC • R5UBH