HomeMy WebLinkAbout20200120 Ver 1_(SAW-2019-02209) - Permit Application_20200120Staff Review
Does this application have all the attachments needed to accept it into the review process?
r Yes r No
ID#* Version* 1
20200120
Is this project a public transportation project?* r Yes
r No
Reviewer List:* AmyAnnino:eads\amannino
Select Reviewing Office:* Asheville Regional Office - (828) 296-4500
Submittal Type:*
401 Application
Does this project require a request for payment to be sent?
r
Yes
r
No
Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: r New Project
r Pre -Application Submittal
r More Information Response
r Other Agency Comments
r For the Record Only (Courtesy Copy)
r Stream or Buffer Appeal
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Project Contact Information
Name: Paul Stephens
VUio is submitting the inforrration?
Email Address: pstephens@ecslimited.com
Project Information
Project Name: Canton Recreational Park - Boat Ramp
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Haywood
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
Canton Recreational Park - Boat Ramp (SAW-2019-
7.77MB
02209) - Permit Application.pdf
Only pdf or krm files are accepted.
Describe the attachments:
Please see the attached 404/401 permit application for review.
V By checking the box and signing box below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this 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 online form."
Signature:
Submittal Date: January 20, 2020
Is filled in automatically.
Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- Begin Date (Date Received):
Prepare file folder Assign Action ID Number in ORM
1. Project Name [PCN Form A2a]:
2. Work Type: Private Institutional Government Commercial
3. Project Description / Purpose [PCN Form B3d and B3e]:
4. Property Owner / Applicant [PCN Form A3 or A4]:
5. Agent / Consultant [PNC Form A5 – or ORM Consultant ID Number]:
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location – Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
8. Project Location – Tax Parcel ID [PCN Form B1a]:
9. Project Location – County [PCN Form A2b]:
10. Project Location – Nearest Municipality or Town [PCN Form A2c]:
11. Project Information – Nearest Waterbody [PCN Form B2a]:
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:
Authorization: Section 10 Section 404 Section 10 and 404
Regulatory Action Type:
Standard Permit Pre-Application Request
Nationwide Permit # Unauthorized Activity
Regional General Permit # Compliance
Jurisdictional Determination Request No Permit Required
Revised 20150602
ECS SOUTHEAST, LLP
Geotechnical •••• Construction Materials •••• Environmental
3820 Faber Place Drive, Suite 200
North Charleston, South Carolina 29405
Telephone 843-654-4448 Fax 843-884-7990
LETTER OF TRANSMITTAL
Date: January 20,
2020 Project No. 49: 10263
To: Mr. David Brown
U.S. Army Corps of Engineers
Asheville & Charlotte Regulatory Field Offices
Asheville District
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
We are sending you the following items via:
COPIES DATED DESCRIPTION
1 January 20,
2020
Nation Permit 18 – PCN Submittal – Canton Recreational Park – Boat Ramp
These are transmitted as checked below:
X For your use
As requested
REMARKS
Please find the attached PCN Request for a Nationwide Permit 18 for the Canton Recreational Park – Boat Ramp in
Canton, Haywood County, North Carolina. If you have any questions please contact Paul Stephens at (843) 284-7823 or
at pstephens@ecslimited.com
COPY TO: Paul Stephens, 1-20-2020 SIGNED:
January 20, 2020
Mr. David Brown
U.S. Army Corps of Engineers
Asheville & Charlotte Regulatory Field Offices
Asheville District
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Reference: Pre-Construction Notification Application
Request for Nationwide Permit 18, Minor Discharge
Canton Recreational Park – SAW-2019-02209
Penland Street/NC Highway 215
Canton, Haywood County, North Carolina
ECS Project No. 49: 10263
Dear Mr. Brown,
Please find the attached Request for Pre-Construction Notification (PCN) Nationwide Permit 18
for the Canton Recreational Park (SAW-2019-02209). The purpose of this project is to provide
a canoe and kayak launch at an existing Recreation Park in Canton, North Carolina.
Background
The project site is located at the intersection of Penland Street and Pigeon Street in Canton,
Haywood County, North Carolina (Figure 1). According to the Haywood County Online GIS
website, the site is located within Parcel Identification Number (PIN) 8656-68-9192. The project
site consists of approximately 4.8 acres of undeveloped, grassy and wooded land and a portion
of the Pigeon River. Based on the United States Geological Survey (USGS) Topographic Map,
the Pigeon River transects the southern portion of the site (Figure 2).
The purpose of this project is to provide a canoe and kayak launch in an existing Recreation
Park in Canton, North Carolina. This launch will be located 150’ east of the Pigeon Street Bridge
and will provide free, public canoe and kayak access to the Pigeon River. The proposed project
will provide a safe and stable launch to the Pigeon River for recreational users, for educational
purposes to nearby schools, and will also allow people with disabilities to safely access the
river.
Site Reconnaissance
ECS conducted the site reconnaissance on October 3, 2019. During the reconnaissance, the
PSA was observed for evidence of ponds, streams, and wetlands. The Pigeon River was
observed as crossing the southern portion of the subject property. In addition, two streams were
observed on the subject property. Stream 2 was observed exiting a culvert in the southwestern
corner of the site and travelling a short distance before meeting the Pigeon River. Stream 3 was
observed exiting a culvert off-site and entering the site in the southeast corner before travelling
approximately 65 linear feet, where it meets the Pigeon River. An additional culvert was also
observed along the northern bank of the Pigeon River within the western portion of the subject
property.
2
On December 11, 2019, ECS received a Preliminary Jurisdictional Determination (JD) from Mr.
David Brown, USACE. The Preliminary JD states that there are approxiamtely 615 LF of
jurisdcitonal non-wetland waters (stream) located on site. A copy of this letter is attached.
Impacts & Mitigation
The development plan proposes 57 linear feet (LF), 605 square feet (SF), and 0.014 acres of
permanent fill impacts to a jurisdictional stream for development of the ramp. ECS proposes the
use of NWP 18 – Minor Discharges for proposed fill impact of 24 cubic yard (CY), which is
below the maximum impact allowed under the permit. 25 CY. Mitigation is not proposed as part
of the permit application.
Agency Review
The site is approximately 4.8 acres and consists primarily of undeveloped, grassed land with
portions of wooded land along the banks of the Pigeon River. The wooded land consists
primarily of hardwood species, ranging from less than five years to fifty years in age. Moderately
dense vegetation was observed within the wooded land. The Pigeon River and two streams
were observed within the site. The on-site streams vary from 5 to 20 feet in width and 1 to 3 feet
in depth and had well-defined bed and banks, moderately assorted substrate, poor sinuosity,
and displayed evidence of an Ordinary High Water Mark (OHWM). The Pigeon River varies
from 60 to 100 feet in width and 1 to 5 feet in depth and had well-defined bed and banks, strong
assorted substrate, moderate in-channel structure, moderate turbidity, strong baseflow, poor
sinuosity, and displayed evidence of an OHWM. Habitat and species of macrobenthos, fish,
crayfish, and amphibians were observed within the Pigeon River during the site reconnaissance.
The proposed area of impact varies from 1 to 3 feet in depth and contained moderate in-channel
structure composed of a ripple-pool sequence.
ECS reviewed the USFWS IPaC website to determine if the subject site is located in the
immediate vicinity of registered sightings or habitats for endangered species. Based on the
species list generated from the IPaC website, there are a total of nine listed threatened and
endangered species on the list, including the Appalachian Elktoe. ECS did not observe these
species during the site reconnaissance on October 3, 2019.
In order to search for known cultural and archeological resources, ECS reviewed the North
Carolina State Historic Preservation Office’s HPOWEB website. During the review, ECS noted
that no historical structures or archeological sites are listed on site. However, the Canton
Armory (HW0169) and Canton Hugh School (HW0599) are listed on the adjoining properties.
ECS did not identify significant architectural or archaeological resources on the subject site
during the site reconnaissance October 3, 2019.
3
Closing
On behalf of the Town of Canton and Alfred Bensch & Company, ECS respectfully requests the
use of NWP 18 to authorize the permanent fill impacts of 57 linear feet of jurisdictional stream.
The attached permit application and associated attachments provide details pertaining to the
proposed project impacts.
ECS looks forward to your attention to this request. Please contact me at (843) 284-7823 or
pstephens@ecslimited.com with questions or if additional information is required.
Sincerely,
Paul M. Stephens IV, E.I., PWS W. Brandon Fulton, LSS, PSC, PWS
Environmental Project Manager Environmental Principal
pstephens@ecslimited.com bfulton@ecslimited.com
843.284.7823 704.409.7744
Attachments: Pre-Construction Notification Application
Appendices
Impact Exhibits
Development Plan
Preliminary JD Letter (SAW-2019-02209)
Figures
IPaC USFWS Report
NLEB MA Verification Letter
NCSHPO GIS
Haywood County Parcel Info
18
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Paul Stephens
5b.
Business name
(if applicable):
ECS Southeast, LLP
5c.
Street address:
3820 Faber Place Drive, Suite 200
5d. City, state, zip:
North Charleston, SC 29405
5e. Telephone no.:
(843) 284 - 7823 (o); (843) 670-8821 (c)
5f.
Fax no.:
(843) 884 - 7990
5g.
Email address:
pstephens@ecslimited.com
Page 2 of 10
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
8656-68-9192
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.525447 Longitude:-82.840931
1 c.
Property size:
5.46 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Pigeon River
2b.
Water Quality Classification of nearest receiving water:
Class C
2c.
River basin:
French Broad River Basin
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site consists of undeveloped, fields and wooded land. The site consists of rolling hills and undulating topography, indicative of the eastern foothills
and Appalachian Mountain region. The surrounding properties consists of single-family residences, commercial development, fields, and wooded land
3b.
List the total estimated acreage of all existing wetlands on the property: 0
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 615
3d. Explain the purpose of the proposed project:
See appendices.
3e. Describe the overall project in detail, including the type of equipment to be used:
See appendices.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): ECS
Agency/Consultant Company: ECS Southeast
Other:
4d.
Preliminary
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
JD (SAW-2019-02209) completed on December 11, 2019.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑ No ❑X Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
-
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Fill
Stream S1
PER
Corps
100
57
S2
Choose one
S3
Choose one
S4
Choose one
S5 -
Choose one
S6
Choose one
3h. Total stream and tributary impacts
57
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number—
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B 1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See appendices.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
See appendices.
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?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Dank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c.
Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Mules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes 0 No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes X❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑X Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
5.5 %
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Total site disturbance is less than 1 acre, so a Stormwater Management Plan was not required.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Town of Canton
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Town of Canton
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
El Yes X❑ No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
N Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑X Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes X❑ No
use of public (federal/state) land?
1 b.
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
El Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes ❑X No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes ❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater
will be handled by Town of Canton.
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑X Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See attached IPaC USFWS species list and MA Verification Letter for the Northern Long -Eared Bat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Reviewed the NCSHPO GIS viewer for listing historic or cultural sites within the project boundaries or surrounding areas. During the review, no listed
sites were observed on site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
The designer, Alfred Benesch & Company, has applied for a Floodplain Development Permit with the Town of Canton as the certifying agent.
8c. What source(s) did you use to make the floodplain determination?
FEMA FIRM Map Service Center GIS viewer
Paul M. Stephens IV
01-20-2020
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10
Appendices:
B. Project Information and Prior Project History
3d. Explain the purpose of the project:
Canton Recreation Park is an asset to the citizens of Canton, North Carolina. Since its
development decades ago, the park has provided a variety of outdoor recreation opportunities
for Canton and Haywood County residents. One of these opportunities is water-based
recreation and water access for paddlers. Public demand for these types of water-based
recreation facilities has increased over the years but existing park facilities have not kept pace
with demand. Over time existing park facilities were non-existent, or have become worn out and
do not meet building codes.
The purpose of this project is to provide a canoe and kayak launch at an existing Recreation
Park in Canton, North Carolina. This launch will be located 150’ east of the Pigeon Street Bridge
and will provide free, public canoe and kayak access to the Pigeon River. The proposed project
will provide a safe and stable launch to the Pigeon River for recreational users, for educational
purposes to nearby schools, and will also allow people with disabilities to safely access the
river.
The proposed project will involve the construction of a 10-foot wide ramp for the launching of
canoes and kayaks. The ramp will be constructed from reinforced concrete. The end or toe of
the ramp will be protected with rip rap stone. The sides of the ramp will be protected with large
boulders in order to prevent damage from scour and large woody debris during flood events.
The development plan proposes 57 LF, 605 SF, and 0.014 acres of permanent fill impacts to a
jurisdictional stream for development of the ramp. Additionally, ECS is proposing use of a NWP
18 – Minor Discharge because the total volume of fill for impacts is 24 CY.
3e. Describe the overall project in detail, including the type of equipment to be used:
Construction access to the launch area will be from Pigeon Street. Construction equipment will
use the existing gravel parking lot for staging. The on-site construction route from the existing
gravel parking lot to the proposed launch area will be approximately 200’ long by 30’ wide. The
route is over an existing well-maintained grass lawn in the park. No clearing will be required.
The Construction equipment used to build the launch will be industry standard dump trucks, and
small loader and excavator. Only minor grading will be needed for the launch. Any surplus fill
generated by the project will be transported off-site and disposed of in a legally approved
landfill. Proper erosion and sedimentation control measures would be employed throughout the
project. Typical materials and machinery will be used on-site during the construction process.
2
D. Impact Justification and Mitigation
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in
designing project:
Construction of the launch will result in the placement of 24 cubic yards of clean stone fill
beneath the ordinary high-water mark of Pigeon River. The proposed ramp will be limited to 10-
feet in width, plus adjacent rock protection. The width of the ramp is needed in order to provide
a safe stable access for people with disabilities. Additionally, the width and sizing of the boat
ramp is well known based on previously designed and installed ramps in similarly sized River
systems. The proposed ramp will tie into the existing greenway path located above the ordinary
high-water mark of the river.
Impacts include the construction of a reinforced concrete ramp with riprap stone toe protection.
Lateral protection will be provided by large boulders (Exhibit B, attached). Additionally, the
riprap and large boulders will be keyed into the Pigeon River bed and bank. This is to serve as
stability for the ramp from varying river flow as energy dissipaters, but also will be utilized as
natural bar and pool-riffle bed structure for benefits to the natural river function and aquatic
habitat.
Avoidance and minimization of waters was performed to the greatest extent possible with
respect to the Pigeon River, depth of river bed and bank, the topography on site, the restraints
with regards to setbacks, and the space needed to allow successful installment of the boat
ramp.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through
construction techniques:
Impacts to on-site jurisdictional water of the U.S. have been reduced to the maximum extent
practicable. During construction adequate sedimentation and erosion control measures will be
used to contain sediment and prevent any disturbances to downstream waters. Construction will
follow NCDEQ best practices. All work will be constructed in the dry.
Disturbance of the stream and wetlands shall be minimized to the extent practicable in order for
the proper installation of the facility. The construction techniques shall be conducted in
accordance with NCDEQ standards. Temporary and additional erosion control measures shall
be maintained throughout the construction process. Silt fencing will be placed at the bottom of
the slopes to deter sediment and erosion control during roadway development activities.
Temporary erosion, sedimentation, and pollution controls will be installed prior to and
maintained during the entire construction duration and until final stabilization is established.
PIGEON
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PIGEONSTREETPigeon River Boat Launch77 Penland StreetCanton, North Carolina 28716Sheet Title:
Sheet No:
Revisions:
Date:
Project no:
Seals:
Corp. NC license: F-1320Alfred Benesch & Company2359 Perimeter Pointe Parkway, Suite 350 Charlotte, NC 28208 www.benesch.comP 704.521.988017.000304.00
08.21.19
NORTH
LEGEND
Exhibit A
Existing
Conditions Plan
C100300153060
SCALE: 1"=30'
PROJECT LIMITS
PROJECT LIMITS
PIGEON
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PIGEONSTREET1 Kayak Launch Ramp Details
RAMP SECTION
2 Boulder Placement Detail
SECTION AT END OF RAMP
Pigeon River Boat Launch77 Penland StreetCanton, North Carolina 28716Sheet Title:
Sheet No:
Revisions:
Date:
Project no:
Seals:
Corp. NC license: F-1320Alfred Benesch & Company2359 Perimeter Pointe Parkway, Suite 350 Charlotte, NC 28208 www.benesch.comP 704.521.988017.000304.00
08.21.19
ASPHALT PAVEMENT-
STD. DUTY
NORTH
LEGEND
PROJECT LIMITS
KAYAK LAUNCH
RAMP SECTION
1
C200
BOULDERS2
C200
DROPDOWN STYLE
BOLLARD
EMBEDDED
BOLLARD
Exhibit B
Site Plan
C200300153060
SCALE: 1"=30'
PUSH IN PLACE PRE-CAST
CONC. PAVEMENT
SECTION
NORMAL WATER
LINE
ACCESSIBLE
STRIPING/SIGNAGE
CONCRETE
PAVEMENT
CONCRETE
PAVEMENT
GRAVEL
PAVEMENT
STRIPING SHOWN FOR
REFERENCE ONLY
NEW GRAVEL TO BE
FLUSH WITH CONC.
PAVEMENT (TYP.)
PROJECT
LIMITS
(5) ULMUS PARVIFOLIA/
ATHENA ELEM
(4)FRAXINUS PENNSYLVANICA
'OCONEE' /GEORGIA GEM
SEEDLESS ASH
(3) QUERCUS SHUMARDII
/SHUMARD OAK
(4) QUERCUS SHUMARDII
/SHUMARD OAK
PROPOSED TREE
LOCATION (TYP.)
SEE TABLE AT TOP OF PAGE
PIGEON RIVER FILL/STREAM IMPACTS
Y:\charlotte\17000300S\17000304.00_Canton_Boat_Launch\Eng_Docs\Drawings\17000304.00-CD\17000304 SITE.dwg, EXHIBIT B, 1/15/2020 4:34:21 PM, shirsch
at Recreation Park
Pigeon River Kayak Launch
Consultants
Landscape Architect
Vicinity Map
Issued For Design Review-100 Complete Set No.:_____Date of Issue:08/21/19
Canton, North Carolina
Civil Engineer
Schedule of Drawings
Alfred Benesch & Company
2359 Perimeter Pointe Parkway, Suite 350
Charlotte, NC 28208
www.benesch.com
P 704.521.9880
Corp. NC License: F-1320
Alfred Benesch & Company
2359 Perimeter Pointe Parkway, Suite 350
Charlotte, NC 28208
www.benesch.com
P 704.521.9880
Corp. NC License: F-1320
Civil/Landscape Architectural
Cover Sheet
Site Survey
C100 Existing Conditions / Demolition Plan
C200 Site Plan
C300 Grading and Drainage Plan
C400 Site Construction Details
C401 Site Construction Details
SITE
*Y:\charlotte\17000300S\17000304.00_Canton_Boat_Launch\Eng_Docs\Drawings\17000304.00-CD\17000304 COVER.dwg, 24X36 COVER, 8/21/2019 11:05:59 AM, shirsch
PIGEON
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PIGEONSTREETPigeon River Boat Launch77 Penland StreetCanton, North Carolina 28716Sheet Title:
Sheet No:
Revisions:
Date:
Project no:
Seals:
Corp. NC license: F-1320Alfred Benesch & Company2359 Perimeter Pointe Parkway, Suite 350 Charlotte, NC 28208 www.benesch.comP 704.521.988017.000304.00
08.21.19
Existing
Conditions/
Demolition
Plan
C100300153060
SCALE: 1"=30'
EXISTING TREE
TO BE REMOVED
(TYP.)
NORTH
DEMOLITION/CLEARING NOTES
1.BOUNDARY AND TOPOGRAPHIC INFORMATION TAKEN FROM A SURVEY
PREPARED BY ED HOLMES AND ASSOCIATES.
2.CONTRACTOR SHALL REMOVE EXISTING TREES, CONCRETE, ASPHALT
AND OTHER EXISTING STRUCTURES INDICATED ON PLAN. CONTRACTOR
TO DISPOSE OF ALL DEBRIS TO AN APPROVED (LEGAL) OFF-SITE
LOCATION.
3.PROTECT ADJACENT ASPHALT, TREES, UTILITIES AND OTHER ITEMS TO
REMAIN FROM DAMAGE. CONTRACTOR SHALL BE RESPONSIBLE FOR
REPAIR AND/OR PAYMENT OF ANY DAMAGED ITEMS TO REMAIN.
4.CONTRACTOR SHALL VERIFY LOCATION OF ALL UNDERGROUND
UTILITIES PRIOR TO BEGINNING WORK, BOTH PUBLIC AND PRIVATE.
CONTRACTOR IS FULLY RESPONSIBLE FOR ALL UNDERGROUND
UTILITIES AND SHALL REPAIR ANY DAMAGE AS A RESULT OF THIS
CONTRACT.
5.CONTRACTOR SHALL REPORT ANY ENCROACHMENTS OR
DISCREPANCIES IMMEDIATELY TO ALFRED BENESCH & COMPANY FOR
DECISION.
6.CONTRACTOR SHALL MAKE EVERY EFFORT TO SAVE ADDITIONAL TREES
WHEREVER FEASIBLE.
7.NO SOIL DISTURBANCE OR COMPACTION, CONSTRUCTION MATERIALS,
TRAFFIC, BURIAL PITS, TRENCHING OR OTHER LAND DISTURBING
ACTIVITY ALLOWED IN THE TREE SAVE AREA.
8.CLEARING LIMITS ON THE PLAN INDICATE THE EXTENT OF ALL MAJOR
CLEARING REQUIRED, CONTRACTOR IS ALSO RESPONSIBLE FOR ANY
INCIDENTAL CLEARING REQUIRED FOR MINOR DISCREPANCIES IN
GRADE, UTILITY OR STORM PIPE INSTALLATIONS, EROSION CONTROL
MEASURES, ETC.
LEGEND
Know what's below.
before you dig.Call
R
EXISTING TREE TO
REMAIN (TYP.)
ASPHALT SAWCUT
ASPHALT SAWCUT
REMOVE EXISTING ASPHALT
PAVEMENT AND BASE
EXISTING GRAVEL
PATH TO REMAIN
EXISTING CONCRETE
TO REMAIN
STUMPS OF
THESE 2 TREES
ONLY TO REMAIN
Y:\charlotte\17000300S\17000304.00_Canton_Boat_Launch\Eng_Docs\Drawings\17000304.00-CD\17000304 DEMO.dwg, C100 DEMO, 8/21/2019 10:50:09 AM, shirsch
PIGEON
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PIGEONSTREET1 Tree Planting Detail
SECTION
PLAN
Pigeon River Boat Launch77 Penland StreetCanton, North Carolina 28716Sheet Title:
Sheet No:
Revisions:
Date:
Project no:
Seals:
Corp. NC license: F-1320Alfred Benesch & Company2359 Perimeter Pointe Parkway, Suite 350 Charlotte, NC 28208 www.benesch.comP 704.521.988017.000304.00
08.21.19
Site Plan
C200300153060
SCALE: 1"=30'
FUTURE PARKING.
(SHOWN FOR REFERENCE
ONLY)
ASPHALT PAVEMENT-
STD. DUTY
3
C401
NORTH
SITE NOTES
1.DIMENSIONS AND COORDINATE POINTS ARE TO FACE OF CURB, EDGE OF
PAVEMENT, OR CORNER OF BUILDING UNLESS OTHERWISE NOTED.
2.ALL IMPROVEMENTS AND CONSTRUCTION SHALL BE IN ACCORDANCE
WITH STATE AND LOCAL STANDARDS.
3.ANY DISCREPANCIES FOUND IN THE FIELD SHALL BE CALLED TO THE
ATTENTION OF THE OWNER OR ENGINEER PRIOR TO PROCEEDING WITH
WORK.
4.PRIOR TO BEGINNING CONSTRUCTION, UNLESS OTHERWISE PROVIDED IN
THE CONTRACT DOCUMENTS, THE CONTRACTOR SHALL SECURE AND PAY
FOR ALL PERMITS (BOTH SITE AND BUILDING RELATED) INCLUDING BUT
NOT LIMITED TO REGULATORY FEES, LICENSES, AND INSPECTIONS
NECESSARY FOR PROPER EXECUTION AND COMPLETION OF THE WORK.
5.THE GENERAL CONTRACTOR SHALL CONTACT ALL OWNERS OF
EASEMENTS, UTILITIES, AND RIGHT-OF-WAYS, PUBLIC AND PRIVATE, PRIOR
TO WORKING IN THESE AREAS.
6.GENERAL CONTRACTOR SHALL MAINTAIN THE SITE IN A MANNER SO THAT
WORKMEN AND THE PUBLIC SHALL BE PROTECTED FROM INJURY.
7.USE CAUTION WHEN REPRODUCING COPIES OF THE CONSTRUCTION
DRAWINGS. COPIES ARE SUBJECT TO DISTORTION AND INACCURACY IN
THE SCALE OF DRAWINGS. VERIFY ANY DISCREPANCIES WITH BENESCH.
8.CONTRACTOR SHALL SAW-CUT EXISTING ASPHALT PAVEMENT AREAS TO
TIE IN SMOOTHLY TO PROPOSED PAVEMENT AT DRIVEWAY ENTRANCES.
9.THE ENGINEER WILL PROVIDE THE CONTRACTOR WITH AN ELECTRONIC
FILE OF THESE DRAWINGS UPON REQUEST.
10.CONTACT THE UTILITY COMPANY TO RELOCATE ANY EXISTING UTILITY
POLES. ALL EXISTING FACILITIES WHICH CONFLICT WITH THE
IMPROVEMENTS UNDER THE SCOPE OF THIS PROJECT MUST BE
RELOCATED AT THE EXPENSE OF THE OWNER.
11.STOP BEFORE YOU DIG. CALL 811. IT'S THE LAW.
LEGEND
PROJECT LIMITS
KAYAK LAUNCH
RAMP SECTION
1
C401
BOULDERS5
C401
DROPDOWN STYLE
BOLLARD
7
C401
EMBEDDED
BOLLARD
4
C401
EMBEDDED
BOLLARD
4
C401
PUSH IN PLACE PRE-CAST
CONC. PAVEMENT
SECTION
6
C401
CONCRETE RAMP-
UPPER SECTION
2
C401
NORMAL WATER
LINE
ACCESSIBLE
STRIPING/SIGNAGE
2
C400
CONCRETE
PAVEMENT
2
C401
CONCRETE
PAVEMENT
2
C401
GRAVEL
PAVEMENT
3
C400
STRIPING SHOWN FOR
REFERENCE ONLY
NEW GRAVEL TO BE
FLUSH WITH CONC.
PAVEMENT (TYP.)
PROJECT
LIMITS
(5) ULMUS PARVIFOLIA/
ATHENA ELEM
TREE PLANTING1
C200
(4)FRAXINUS PENNSYLVANICA
'OCONEE' /GEORGIA GEM
SEEDLESS ASH
(3) QUERCUS SHUMARDII
/SHUMARD OAK
(4) QUERCUS SHUMARDII
/SHUMARD OAK
PROPOSED TREE
LOCATION (TYP.)
Y:\charlotte\17000300S\17000304.00_Canton_Boat_Launch\Eng_Docs\Drawings\17000304.00-CD\17000304 SITE.dwg, C200 SITE, 9/11/2019 4:24:56 PM, shirsch
PIGEON
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PIGEONSTREETPigeon River Boat Launch77 Penland StreetCanton, North Carolina 28716Sheet Title:
Sheet No:
Revisions:
Date:
Project no:
Seals:
Corp. NC license: F-1320Alfred Benesch & Company2359 Perimeter Pointe Parkway, Suite 350 Charlotte, NC 28208 www.benesch.comP 704.521.988017.000304.00
08.21.19
Grading
/Drainage/ and
Erosion Control
Plan
C300300153060
SCALE: 1"=30'
NORTH
TEMP. SILT
FENCE (TYP.)
1
C400
LEGEND
GRADING AND DRAINAGE NOTES
1.EARTHWORK QUANTITIES HAVE NOT BEEN ESTIMATED AND SITE AS SHOWN IS NOT ASSUMED TO REPRESENT A
BALANCED CUT/FILL CONDITION.
2.CONTRACTOR SHALL PERFORM HIS OWN ESTIMATES AND SHALL PROVIDE ALL EARTHWORK NECESSARY TO
ACHIEVE THE DESIGN GRADE, INCLUDING ANY OFFSITE BORROW OR SPOILS REQUIRED.
3.CONTRACTOR SHALL PROVIDE POSITIVE DRAINAGE IN ALL GRADED AREAS, INCLUDING PAVING, LAWN AND
LANDSCAPE AREAS.
4.THE CONTRACTOR SHALL IMMEDIATELY REPORT TO OWNER ANY DISCREPANCIES FOUND BETWEEN ACTUAL
FIELD CONDITIONS AND CONSTRUCTION DOCUMENTS AND SHALL WAIT FOR INSTRUCTION PRIOR TO
PROCEEDING.
5.CONTRACTOR SHALL VERIFY LOCATION OF ALL UNDERGROUND UTILITIES PRIOR TO BEGINNING WORK,
BOTH PUBLIC AND PRIVATE. CONTRACTOR IS FULLY RESPONSIBLE FOR ALL UNDERGROUND UTILITIES AND
SHALL REPAIR ANY DAMAGE AS A RESULT OF THIS CONTRACT.
6.CONTRACTOR SHALL BLEND NEW EARTHWORK SMOOTHLY TO TRANSITION BACK TO EXISTING GRADE.
7.THE PROPOSED CONTOURS AND SPOT ELEVATIONS SHOWN IN DRIVES, PARKING LOTS AND SIDEWALKS ARE
FINISHED ELEVATIONS INCLUDING ASPHALT. REFER TO PAVEMENT CROSS SECTION DATA TO ESTABLISH
CORRECT SUBBASE OR AGGREGATE BASE COURSE ELEVATIONS TO BE COMPLETED UNDER THIS
CONTRACT.
8.PROPOSED SPOT ELEVATIONS SHOWN REFER TO BOTTOM OF CURB UNLESS OTHERWISE NOTED ON PLAN.
9.CROSS SLOPE OF SIDEWALKS SHALL BE 2% (MAX).
10.SLOPES SHALL BE GRADED NO STEEPER THAN 2:1
11.EXPOSED TREE ROOTS MUST BE CLEANLY CUT WITH A SHARP PRUNING TOOL; BACKFILL ASAP TO
MINIMIZE EXPOSURE TO THE AIR.
12.TOTAL DISTURBED AREA IS 0.80 ACRES.
Know what's below.
before you dig.Call
R
KAYAK LAUNCH
EXISTING
DRIVEWAY
ENTRANCE
NEW GREENWAY
TRAIL
FUTURE
PARKING
(N.I.C.)
DENUDED
LIMITS
USE SEED MIX 2 (NORTH
OF GREENWAY)
USE NATIVE
SEED MIX 1
(SOUTH OF
GREENWAY)
EROSION CONTROL
MATTING (TYP.)
5
C400
TEMP. SILT
FENCE
1
C400
NORMAL WATER
LINE
MAKE NEW GRAVEL DRIVE
FLUSH WITH EXISTING
MAKE NEW GRAVEL DRIVE
FLUSH WITH EXISTING
MEET AND MATCH
EXIST. TRAIL
MEET AND MATCH
EXIST. TRAIL
Y:\charlotte\17000300S\17000304.00_Canton_Boat_Launch\Eng_Docs\Drawings\17000304.00-CD\17000304 GRADING.dwg, C300 GRADING, 9/11/2019 4:35:09 PM, shirsch
1 Temporary Silt Fence
5 Erosion Control Matting
2 Accessible Signage/Striping Detail
PLAN
PARKING SPACE PAVEMENT MARKINGS
ACCESSIBLE SIGNAGE
A B C
ACCESSIBLE SIGNAGE ELEVATION
SECTION
3 Gravel Pavement Detail Pigeon River Boat Launch77 Penland StreetCanton, North Carolina 28716Sheet Title:
Sheet No:
Revisions:
Date:
Project no:
Seals:
Corp. NC license: F-1320Alfred Benesch & Company2359 Perimeter Pointe Parkway, Suite 350 Charlotte, NC 28208 www.benesch.comP 704.521.988017.000304.00
08.21.19
Site
Construction
Details
C400
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2 Concrete Pavement - Upper Ramp
LONGITUDINAL SECTION
1 Kayak Launch Ramp Details
5 Boulder Placement Detail
SECTION AT END OF RAMP
RAMP SECTION
3 Asphalt Pavement Detail
STANDARD DUTY PVMT SECTION
C401
7 Drop Down Bollard Detail
INSTALL PADLOCK HERE
(PROVIDED BY CUSTOMER)
APPLY A THIN COAT OF
MULTI-PURPOSE GREASE
TO HINGE BOLT AND
LOCK PIN ANCHOR SYSTEMPART OF
ANCHOR SYSTEM
APP
R
O
A
C
HI
N
G T
R
AFFI
C FL
O
W
BILL OF MATERIAL
ITEM
1
2
3
4
5
6
7
8
PART #
LPHDHBF1
LPHDHBF2
0010
0008
0009
2007
0107
0102
DESCRIPTION
LPHDHB POST
LPHDHB BASE
Ø 3/4" x 8" HEX HEAD HINGE BOLT-18-8 SS
Ø 3/4" HEX NUT-18-8 SS
Ø 3/4" FLAT WASHER-TYPE A NARROW-18-8 SS
Ø 3/4" x 8" HEX HEAD LOCKING PIN-18-8 SS
SAFETY LABEL 3" x 12"
FOUR INCH CLEARANCE LABEL
QTY.
1
1
1
2
1
1
2
2
7
7
7
8
5
4
2
6
3
8
APPLY SAFETY LABEL TO SIDE OF
BOTH BOLLARD SECTIONS AT 1"
BELOW HOLE AS SHOWN
ANCHOR BOLT PROVIDE
1-1/2" PROJECTION
ABOVE THE CONCRETE PIER
NOTES:
1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.
3. ALL DIMENSIONS ARE CONSIDERED TRUE AND REFLECT MANUFACTURER'S SPECIFICATIONS.
4. DO NOT SCALE DRAWING.
COLLAPSIBLE POST
ANCHOR SYSTEM ASSEMBLY
BOLLARD BASE
(LEVELING BOLT AND OTHER
BASE DETAILS NOT SHOWN)
3
2
1
(OPTIONAL)
CAGE SUPPORT
REBAR
USE CARDBOARD
FORM TUBE AT
NEEDED LENGTH
TO SECURE EARTH
INSTALL FOUR
VERTICAL #4
REBAR 37"
LONG AT 1 1/2"
CLEAR AT TOP
INSTALL FOUR 15"Ø #3 REBAR HOOP
TIES AT LOCATIONS SHOWN WITH 12"
MIN LAP
1
LEGEND:
1 Ø3/4" x 12" TYPE L ANCHOR BOLT-H.D.G.
2 Ø3/4" TYPE A FLAT NARROW WASHER GALVANIZED STEEL
3 Ø3/4" HEX NUT GALVANIZED STEEL
BOLLARD
PLAN SECTION "A-A"
SUPPORT REBAR
(OPTIONAL)HEX NUT (TYP)
FLAT WASHER (TYP)
BOLLARD BASE
18"Ø CONCRETE PIER TO 42" BELOW
GRADE VERTICAL BAR
HOOP REBAR TIES
CONCRETE FOUNDATION
CARDBOARD FORM
FRONT ELEVATION SECTION
ANCHOR BOLT
BOLLARD BASE FOUR 15"Ø #3 REBAR
HOOP TIES WITH 12"
LAP
(OPTIONAL)
CARDBOARD
FORM 18"Ø
AACONCRETE
FOUNDATION
FOUR # 4 REBAR
AT 37" LONG
(OPTIONAL) INSTALL #3
REBAR THRU THE FORM
FOR SUPPORT (TYP)
ANCHOR SYSTEM
4 Embedded Pipe Bollard Detail
ELEVATION
SECTION
BOLLARD- NO ARMS
PARTIAL SECTION AT EDGE OF RAMP
6 Push in Place Pre-Cast Concrete Pavement - Lower Ramp
SECTION Pigeon River Boat Launch77 Penland StreetCanton, North Carolina 28716Sheet Title:
Sheet No:
Revisions:
Date:
Project no:
Seals:
Corp. NC license: F-1320Alfred Benesch & Company2359 Perimeter Pointe Parkway, Suite 350 Charlotte, NC 28208 www.benesch.comP 704.521.988017.000304.00
08.21.19
Site
Construction
Details
C401
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2019-02209 County: Haywood U.S.G.S. Quad: Canton
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Town of Canton / Attn.; Jason Burrell
Address: 58 Park Street
Canton, NC 28716
Telephone Number: 828-648-2363
Size (acres): 4_8 Nearest Town: Canton
Nearest Waterway: UTs Pigeon River and Pigeon River Coordinates: 35.52522 N, 82.84108 W
River Basin/ HUC: Pigeon (06010106)
Location description: The project site is located in the eastern portion of a lamer tract of land (PIN 8656-68-9192) at
77 Penland Street in Canton, Haywood County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters on the above described project area, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section I0 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this
preliminary jurisdiction determination may be used in the permit evaluation process, including determining
compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary ID will treat all waters and wetlands
that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This
preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting
the Corps district for farther instruction,
There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely
an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area,
which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have
the waters of the U.S, on your property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the
Corps.
S. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33
USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
Tiaere are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation
that can be verified by the Corps.
The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
jurisdiction on your property which., provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
.. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact David Brown at
828-271-7980, ext. 4232 or david.w.brown agusace.army.mil.
C. Basis for Determination:
See attached preliminary jurisdictional determination form.
D. Remarks:
The potential waters of the U.S., at this site, were verified by the Corps on December 10, 2019, and are as approximately
depicted on the attached Site Features Map -Canton Recreational Park, Figure 6 (dated October 9, 2019), submitted by
ECS Southeast, LLP.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineationldetermination may not be valid for the wetland conservation
provisions of the Food Security Act of 1.985. 1f you or your tenant are USDA Program participants, or anticipate
participation in USDA programs, you should request a certified wetland determination from the local office of the
Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved ,jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to
this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you
will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers 1
South Atlantic Division
Attw Philip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria
for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the
NAP. Should you decide to submit an RFA form, it must be received at the above address by, NIA (Preliminary -JD),
**it is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Dfficia.�,
David Brown
Issue Date of JD: December 11, 2019 Expiration Date. N/A Preliminary JD
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue
to do so, please complete our Customer Satisfaction Survey, located online at
httl2://coLpsm4pu.tisace.amiy.mil/ci-n a exlf'7=136A0.
Copy furnished (by email):
ECS Southeast, LLP, Thomas Hawkins, 1200 Woodruff Road, Suite H-12, Greenville, SC 29607
thawkins@"shmited.com
NOTIFICATION OF ADMINISTRATIVE APPEAI, OPTIONS AND PROCESS A
ItEQUEST FOR APPEAL
Applicant: Town of Canton 1 Attn.: Jason Burrell File Number: SAW-2019-02209 Date: December 11, 2019
Attached is:
See Section below
INITIAL, PROFFERED PERNIIT (Standard Permit or Letter of permission)A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your tights and options regarding an administrative appeal of the above decision.
Additional information may be found at [iLt :Ilwww.usace.arin .mil/Missions/Civi[Wc)rks/Re ulata Pro rainandPennits.as x or
Corps regulations at 33 CFRPart331i.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit,
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PER€ UT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Leiter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENLkL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Carps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
■ APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD.
The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps
district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record,)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record
of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the
administrative record. Neither the appellant nor the Corps may add new information or analyses to the record, However, you may
provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr, Philip Shannin, Administrative Appeal Review Officer
Attn: David Brown
CESAD-PDO
151 Patton Avenue, Room 208
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28801-5006
60 Forsyth Street, Room IOM15
828-271-7980, ext. 4232
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You. will be provided a 15 day
notice of any site investigation, and will have the opportunityoppoilunity to participate in all site investi ations.
Date:
Telephone number:
Signature of a ellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1.0M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
6
PRELIMINARY JURISDICTIONAL DETERMINATION (.ID) FORM
U.S. Army Corps of Engineers
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FORPRELIMINARY JD: December 11, 2019
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Town of Canton / Attn.: Jason Burrell
58 Park Street
Canton, NC 28716
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, SAW-2019-02209, Canton Recreation Park River Access
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
The project site is located in the eastern portion of a larger tract of land (P1N 8656-68-9192) at 77 Penland Street in
Canton, Haywood County, North Carolina.
State: NC Countylparish/borough: Haywood City: Canton
Center coordinates of site (lat/long in degree decimal format): 35.52522 N, 82.84108 W
Universal Transverse Mercator: N/A
Name ofnearest waterbody: UTs Pigeon River and Pigeon River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: December 11, 2019
Field Determination. Date(s): December 10, 2019
Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Centered Coordinates
Estimated Amount of
Geographic
(decimal degrees)
Aquatic Resource in
Type of Aquatic
Authority to Which
Site Number
Review Area
Resources
Aquatic Resource
Latitude Longitude
(linear feet or acre)
"May Be" Subject
Stream 1
Q Wetland
2 Section 404
(Pigeon River)
35.525193
-82,840535
534 if -
® Nan -wetland Waters
0 Section 10/404
Stream 2
❑ Wetland
® Section 404
(UT Pigeon
35.524685
_82,841296
15 1f
® Non -wetland Waters
❑ Section 10/404
River)
Stream 3
❑Wetland
®Section 404
(UT Pigeon
35.524874
-82.840205
fi5 if
® Nan -wetland Waters
❑ Section 10/404
River)
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN),
or requests verification for a non -reporting NWP or other general permit, andthe,permit applicant
has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the
permit applicant has elected to seek a permit authorization based on a PJD, which does not make
an official determination of jurisdictional aquatic resources; (2) the applicant has the option to
request an AJD before accepting the teirns and conditions of the permit authorization, and that
basing a permit authorization on an AJD could possibly result in less compensatory mitigation
being required or different special conditions; (3) the applicant has the right to request an individual
permit rather than accepting the terms and conditions of the NWP or other general permit
authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with
all the terms and conditions of that permit, including whatever mitigation requirements the Corps
has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit
authorization without requesting an AJD constitutes the applicant's acceptance of the use of the
PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or
undertaking any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by that
activity will be treated asjurisdictional, and waives any challenge to such jurisdiction in any
administrative or judicial compliance or enforcement action, or in any administrative appeal or in
any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the JD will
be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources in the
review area, or to provide an official delineation of jurisdictional aquatic resources in the review
area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD
finds that there "nary be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could be
affected by the proposed activity, based on the fallowing information:
SUPPORTING DATA
Data reviewed for preliminary .JD (check all that apply) - Checked items should be included in subject file.
Appropriately reference sources below where indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester: IECS Southeast, LLP
® Data sheets prepared/submitted by or on behalf of preliminary JD requester. ECS Southeast, LLP
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rational:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey (USGS) Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® USGS map(s). Cite scale & quad name: Canton.
® Natural Resources Conservation Service (NRCS) Soil Survey.
Citation: Haywood County, NC
❑ National wetlands inventory (lei WI) maps). Cite name:
❑ State/Local wetland inventory map(s):
® Federal Emergency Management Agency (FEMA) I Flood Insurance Rate Map (FIRM) maps; Map No. 3700865600J,
effective date Apr. 2, 2012
❑ 100-year F'loodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Z Photographs: ® Aerial (Name & Date): Google Earth Pro, Nov. 2017, Oct. 2015, Mar. 2013, Jun. 2008, Apr. 1998,
and Mar. 1995
or ® Other (Name & Date): SAW Regulatory Viewers, DENT and Hillshade
❑ Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting scientific literature:
® Other information (please specify): The streams on the project site are UTs of the Pigeon River and the Pigeon
River, which all exhibit physical ordinary high water mark (OHWM) indicators including, break in slope; developed
bed and bank; changes in sediment texture and soil character; natural line impressed on the bank; shelving; absence
of vegetation; leaf litter washed away; sediment deposition and sorting; presence of fish and other aquatic life; water
staining; presence of debris; and scour. The Pigeon River and one of the UTs (stream 3) are depicted as solid blue
lines on the USGS 7.5 minute quadrangle map Canton and the most current Natural Resource Conservation Service
Soil Survey for Haywood County. Solid blue line features on these mapping conventions typically represent perennial
streams.
The UTs of the Pigeon River flaw into the Pigeon River, a traditional navigable water, which flows into the French
Broad River. The French Broad River merges with the Holston River to form the Tennessee River. The Tennessee
River drains into the Mississippi River before entering the Gulf of Mexico.
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and
should not be relied upon for later jurisdictional determinations.
David Brown, December 11, 2019
Signature and date of Regulatory
staff member completing
preliminary JD
Town of Canton ! Attu.: Jason Burrell
OR
ECS Southeast, LLP
(per Agent Authorization)
Signature and date of person requesting
preliminary JD (REQUIRED, unless obtaining the
signature is impracticable)
Please sign this Preliminary JD Form. Keep a signed copy for your record e7nd return a signed form to the Asheville
Regulatory Field Of by mail or e-mnil.
US Army Corps of Engineers -Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC28801-5006
t Districts may establish timeframes for requester to return signed. PdD forms, If the requester does not respond within the established time
frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
FIGURE 1
ECS Project No.
Title:
Client:
Approved By:Date:
Drawn By:WBFJMK
10/09/2019WBF
49:10263
Project:
CANTONRECREATIONAL PARK
PENLAND STREETCANTONHAYWOOD COUNTYNORTH CAROLINA
Checked By:
HAYWOOD COUNTY
SITE LOCATIONMAP
³Legend
Pig eon River Boat Launch
1 inch = 0.25 m iles
FIGURE 2
ECS Project No.
Title:
Client:
Approved By:Date:
Drawn By:WBFJMK
10/09/2019WBF
49:10263
Project:
CANTONRECREATIONAL PARK
PENLAND STREETCANTONHAYWOOD COUNTYNORTH CAROLINA
Checked By:
PROJECT STUDY AREA
USGSTOPOGRAPHIC MAP
DATED: 1990CANTON, NC7.5X7.5 MINU TE
³Legend
Proje ct Study Area
0 1,000 2,000500Feet
UfA
DuC
BrC
RoA
W
BrC
DuC
HeD
UfA
EvE
EdF
RfF
EvD
HeD
FIGURE 3
ECS Project No.
Title:
Client:
Approved By:Date:
Drawn By:WBFJMK
10/09/2019WBF
49:10263
Project:
CANTONRECREATIONAL PARK
PENLAND STREETCANTONHAYWOOD COUNTYNORTH CAROLINA
Checked By:
PROJECT STUDY AREA
USDA - NRCSSOIL SURVEY MAP
DATED: 2019WEB SOIL SU RVEYVERSION 8
³Legend
Proje ct Study Area
SOIL MAP UNIT
UfA = Udorthents - Urban land complexRoA = Rosman fine sandy loamW = Water 0 250 500125Feet
X
X
X
AE
AE
AE
X
AE
X
X
X
AE
X
AE
X
FIGURE 4
ECS Project No.
Title:
Client:
Approved By:Date:
Drawn By:WBFJMK
10/09/2019WBF
49:10263
Project:
CANTONRECREATIONAL PARK
PENLAND STREETCANTONHAYWOOD COUNTYNORTH CAROLINA
Checked By:
PROJECT STUDY AREA
FEMA - NFHLFLOOD ZONE MAP
DATED: 4/2/2012ID: 3700865600JHAYWOOD COUNTY
³Legend
Proje ct Study Area
Flood Zone
A
AE
AO
X
0 500 1,000250Feet
FIGURE 5
ECS Project No.
Title:
Client:
Approved By:Date:
Drawn By:WBFJMK
10/09/2019WBF
49:10263
Project:
CANTONRECREATIONAL PARK
PENLAND STREETCANTONHAYWOOD COUNTYNORTH CAROLINA
Checked By:
PROJECT STUDY AREA
USFWSNATIONALWETLANDSINVENTORY MAP
³Legend
Proje ct Study Area
Wetland Type
Freshwate r Emergent Wetland
Freshwate r Forested/Shrub Wetland
Freshwate r Pond
Riverine
0 500 1,000250Feet
G
G
FIGURE 6
ECS Project No.
Title:
Client:
Approved By:Date:
Drawn By:WBFJMK
10/09/2019WBF
49:10263
Project:
CANTONRECREATIONAL PARK
PENLAND STREETCANTONHAYWOOD COUNTYNORTH CAROLINA
Checked By:
PROJECT STUDY AREA
SITEFEATURESMAP
³Legend
Proje ct Study Area
Pig eon River
Stream
G Culvert
0 100 20050Feet
Stream 335.524874, -82.84020518-20' Avg W idth65 LFStream 235.524685, -82.8412965' Avg Width15 LF
Pigeon River / Stream 135.525193, -82.840535534 LF
January 16, 2020
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/countyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2020-SLI-0269
Event Code: 04EN1000-2020-E-00642
Project Name: Canton Recreation 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/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
01/16/2020 Event Code: 04EN1000-2020-E-00642 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;
01/16/2020 Event Code: 04EN1000-2020-E-00642 3
▪
▪
▪
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
01/16/2020 Event Code: 04EN1000-2020-E-00642 1
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
01/16/2020 Event Code: 04EN1000-2020-E-00642 2
Project Summary
Consultation Code:04EN1000-2020-SLI-0269
Event Code:04EN1000-2020-E-00642
Project Name:Canton Recreation Park
Project Type:FILL
Project Description:Wetlands fill permit
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.52532406717903N82.84073171290045W
Counties:Haywood, NC
01/16/2020 Event Code: 04EN1000-2020-E-00642 3
1.
Endangered Species Act Species
There is a total of 9 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
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
Indiana Bat Myotis sodalis
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5949
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
Clams
NAME STATUS
Appalachian Elktoe Alasmidonta raveneliana
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5039
Endangered
1
01/16/2020 Event Code: 04EN1000-2020-E-00642 4
Arachnids
NAME STATUS
Spruce-fir Moss Spider Microhexura montivaga
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/4801
Endangered
Flowering Plants
NAME STATUS
Small Whorled Pogonia Isotria medeoloides
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
Threatened
Spreading Avens Geum radiatum
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6854
Endangered
Lichens
NAME STATUS
Rock Gnome Lichen Gymnoderma lineare
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3933
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
01/16/2020 Event Code: 04EN1000-2020-E-00642 1
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2.
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
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
1
2
01/16/2020 Event Code: 04EN1000-2020-E-00642 2
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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 ()
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
01/16/2020 Event Code: 04EN1000-2020-E-00642 3
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no data survey effort breeding season probability of presence
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
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
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.
01/16/2020 Event Code: 04EN1000-2020-E-00642 4
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2.
3.
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
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).
01/16/2020 Event Code: 04EN1000-2020-E-00642 5
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ “What does IPaC
use to generate the migratory birds potentially occurring in my specified location”. Please be
aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the “no
data” indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in 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.
01/16/2020 Event Code: 04EN1000-2020-E-00642 1
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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.
RIVERINE
R4SBC
R5UBH
R3UBH
January 16, 2020
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/countyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2020-TA-0269
Event Code: 04EN1000-2020-E-00643
Project Name: Canton Recreation Park
Subject:Verification letter for the 'Canton Recreation Park' project under the January 5, 2016,
Programmatic Biological Opinion on Final 4(d) Rule for the Northern Long-eared Bat
and Activities Excepted from Take Prohibitions.
Dear Paul Stephens:
The U.S. Fish and Wildlife Service (Service) received on January 16, 2020 your effects
determination for the 'Canton Recreation Park' (the Action) using the northern long-eared bat
(Myotis septentrionalis) key within the Information for Planning and Consultation (IPaC)
system. This IPaC key assists users in determining whether a Federal action is consistent with the
activities analyzed in the Service’s January 5, 2016, Programmatic Biological Opinion (PBO).
The PBO addresses activities excepted from "take"[1] prohibitions applicable to the northern
long-eared bat under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16
U.S.C. 1531 et seq.).
Based upon your IPaC submission, the Action is consistent with activities analyzed in the PBO.
The Action may affect the northern long-eared bat; however, any take that may occur as a result
of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50
CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your
IPaC-assisted determination was incorrect, this letter verifies that the PBO satisfies and
concludes your responsibilities for this Action under ESA Section 7(a)(2) with respect to the
northern long-eared bat.
Please report to our office any changes to the information about the Action that you submitted in
IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick
northern long-eared bats that are found during Action implementation. If the Action is not
completed within one year of the date of this letter, you must update and resubmit the
information required in the IPaC key.
01/16/2020 Event Code: 04EN1000-2020-E-00643 2
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This IPaC-assisted determination allows you to rely on the PBO for compliance with ESA
Section 7(a)(2) only for the northern long-eared bat. It does not apply to the following ESA-
protected species that also may occur in the Action area:
Appalachian Elktoe, Alasmidonta raveneliana (Endangered)
Carolina Northern Flying Squirrel, Glaucomys sabrinus coloratus (Endangered)
Gray Bat, Myotis grisescens (Endangered)
Indiana Bat, Myotis sodalis (Endangered)
Rock Gnome Lichen, Gymnoderma lineare (Endangered)
Small Whorled Pogonia, Isotria medeoloides (Threatened)
Spreading Avens, Geum radiatum (Endangered)
Spruce-fir Moss Spider, Microhexura montivaga (Endangered)
If the Action may affect other federally listed species besides the northern long-eared bat, a
proposed species, and/or designated critical habitat, additional consultation between you and this
Service office is required. If the Action may disturb bald or golden eagles, additional
coordination with the Service under the Bald and Golden Eagle Protection Act is recommended.
________________________________________________
[1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct [ESA Section 3(19)].
01/16/2020 Event Code: 04EN1000-2020-E-00643 3
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Canton Recreation Park
2. Description
The following description was provided for the project 'Canton Recreation Park':
Wetlands fill permit
Approximate location of the project can be viewed in Google Maps: https://www.google.com/
maps/place/35.52532406717903N82.84073171290045W
Determination Key Result
This Federal Action may affect the northern long-eared bat in a manner consistent with the
description of activities addressed by the Service’s PBO dated January 5, 2016. Any taking that
may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR
§17.40(o). Therefore, the PBO satisfies your responsibilities for this Action under ESA Section
7(a)(2) relative to the northern long-eared bat.
Determination Key Description: Northern Long-eared Bat 4(d) Rule
This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision.
This key is intended for actions that may affect the threatened northern long-eared bat.
01/16/2020 Event Code: 04EN1000-2020-E-00643 4
The purpose of the key for Federal actions is to assist determinations as to whether proposed
actions are consistent with those analyzed in the Service’s PBO dated January 5, 2016.
Federal actions that may cause prohibited take of northern long-eared bats, affect ESA-listed
species other than the northern long-eared bat, or affect any designated critical habitat, require
ESA Section 7(a)(2) consultation in addition to the use of this key. Federal actions that may
affect species proposed for listing or critical habitat proposed for designation may require a
conference under ESA Section 7(a)(4).
01/16/2020 Event Code: 04EN1000-2020-E-00643 5
1.
2.
3.
4.
5.
6.
Determination Key Result
This project may affect the threatened Northern long-eared bat; therefore, consultation with the
Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat.884, as
amended; 16 U.S.C. 1531 et seq.) is required. However, based on the information you provided,
this project may rely on the Service’s January 5, 2016, Programmatic Biological Opinion on
Final 4(d) Rule for the Northern Long-Eared Bat and Activities Excepted from Take Prohibitions
to fulfill its Section 7(a)(2) consultation obligation.
Qualification Interview
Is the action authorized, funded, or being carried out by a Federal agency?
Yes
Have you determined that the proposed action will have “no effect” on the northern long-
eared bat? (If you are unsure select "No")
No
Will your activity purposefully Take northern long-eared bats?
No
Is the project action area located wholly outside the White-nose Syndrome Zone?
Automatically answered
No
Have you contacted the appropriate agency to determine if your project is near a known
hibernaculum or maternity roost tree?
Location information for northern long-eared bat hibernacula is generally kept in state
Natural Heritage Inventory databases – the availability of this data varies state-by-state.
Many states provide online access to their data, either directly by providing maps or by
providing the opportunity to make a data request. In some cases, to protect those resources,
access to the information may be limited. A web page with links to state Natural Heritage
Inventory databases is available at www.fws.gov/midwest/endangered/mammals/nleb/
nhisites.html.
Yes
Will the action affect a cave or mine where northern long-eared bats are known to
hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or
other alteration) of a hibernaculum?
No
01/16/2020 Event Code: 04EN1000-2020-E-00643 6
7.Will the action involve Tree Removal?
No
01/16/2020 Event Code: 04EN1000-2020-E-00643 7
Project Questionnaire
If the project includes forest conversion, report the appropriate acreages below.
Otherwise, type ‘0’ in questions 1-3.
1. Estimated total acres of forest conversion:
0
2. If known, estimated acres of forest conversion from April 1 to October 31
0
3. If known, estimated acres of forest conversion from June 1 to July 31
0
If the project includes timber harvest, report the appropriate acreages below.
Otherwise, type ‘0’ in questions 4-6.
4. Estimated total acres of timber harvest
0
5. If known, estimated acres of timber harvest from April 1 to October 31
0
6. If known, estimated acres of timber harvest from June 1 to July 31
0
If the project includes prescribed fire, report the appropriate acreages below.
Otherwise, type ‘0’ in questions 7-9.
7. Estimated total acres of prescribed fire
0
8. If known, estimated acres of prescribed fire from April 1 to October 31
0
9. If known, estimated acres of prescribed fire from June 1 to July 31
0
If the project includes new wind turbines, report the megawatts of wind capacity
below. Otherwise, type ‘0’ in question 10.
01/16/2020 Event Code: 04EN1000-2020-E-00643 8
10. What is the estimated wind capacity (in megawatts) of the new turbine(s)?
0
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the
GIS User Community
Rep ort For
No ve mbe r 1, 2019
CAN TON TOW N OFPO BO X 987
Mark et Va lue :
Bui ldi ng Va lue :
Land Va lue :
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CAN TON , N C 28716 Account Info r mationPIN:
Lega l Re f:96/476
Site Valu e Info rmation
De fer ed Va lue :
As ses se d Va lue :
09/15 /1936Sale Da te :
Sa l e Price :
CO MMUN ITY C EN TER, GOVERNMENT BUILDINGExmept,Ex mept
He ate d Are a :Yea r B ui lt:Tota l Ac re a ge :Towns hi p:
019655.46Town o f C anton
1 inch = 2 00 feet
Disclaimer: The map s on th is site are not surveys. They areprepared from th e in ventory o f rea l property found within thisjurisdiction an d a re comp ile d f ro m re corded deeds, plats and otherpublic records and d ata . Users o f t his site are hereby notified thatthe af oremen tion ed pu blic primary information sources should beconsulted fo r verification of a ny inf ormation contained on thesemaps. Ha ywoo d co un ty an d the web sit e provider assume no leg alresponsibility fo r the info rmation contained on these maps.
865 6-68-9192
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Add R e f: