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HomeMy WebLinkAbout20200157 Ver 1_PCN Form Submission_20200127DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned * Version#* 20200157 1 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office * Select Project Reviewer* Asheville Regional Office - (828) 296-4500 Andrew Moore:eads\awmoore3 Information for Initial Review 1a. Name of project: Nettlewvod Tract 1a. Who is the Primary Contact?* Katherine Weatherly 1b. Primary Contact Email:* katherine.v,eatherly@terracon.com Date Submitted 1 /27/2020 Nearest Body of Water An unnamed pond connected to Fourmile Branch Basin French Broad Water Classification C Site Coordinates Latitude: Longitude: 35.515312-82.525410 A. Processing Information County (or Counties) where the project is located: Buncombe Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) 1c. Primary Contact Phone:* (864)293-7359 U 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 39 - Commercial/Institutional Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - E)press F Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Nettlewood Associates LLC 2b. Deed book and page no.: 2c. Responsible party: Richard A. Grant 2d.Address Street Address 83 Peachtree Road Address Line 2 City Asheville Postal / Zip Code 28803 2e. Telephone Number: (612)492-4430 2g. Email Address:* jon.blaha@ryancompanies.com 3. Applicant Information (if different from owner) State / Province / Region NC Country USA 2f. Fax Number: r Yes r No r Yes r No 3a. Name: Jonathan Blaha 3b. Business Name: Ryan Companies US, Inc. 3c.Address Street Address 533 South Third St, Suite 100 Address Line 2 City State / Province / Region Minneapolis MN Postal / Zip Code Country 55415 USA 3d. Telephone Number: 3e. Fax Number: (612)492-4430 3f. Email Address:* jon.blaha@ryancompanies.com 4. Agent/Consultant (if applicable) 4a. Name: Katherine Weatherly 4b. Business Name: Terracon Consultants 4c.Address Street Address 72 Pointe Circle Address Une 2 City State / Province / legion Greenville SC Postal / Zip Code Country 29615 USA 4d. Telephone Number: 4e. Fax Number: (864)293-7359 4f. Email Address:* katherine.v,eatherly@terracon.com Agent Authorization Letter* Agent Authorization Form-Nettlewood Tract.pdf 87.45KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Asheville, NC 2. Project Identification 2a. Property Identification Number: 2b. Property size: 9656-01-9118-00000 (portion) 2.52 2c. Project Address Street Address Nettlewood Drive Address Line 2 City State/ Province/ tiegion Asheville NC Postal / Zip Code Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: An unnamed pond connected to Fourmile Branch 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* French Broad 3d. Please provide the 12-digit HUC in which the project is located. 060101050705 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* The site is primarily vacant with maintained wooded and grassed areas along Nettlewood Drive in Asheville, NC. A vacant residential structure is present in the southeast portion of the site. Nettlewood Drive and residential development are present to the north, wooded land and commercial development is present to the east, Peachtree Road and commercial development is present to the south, and wooded land, commercial development and highway 25 are present to the west. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) 1 Topo REV 1.pdf 1.14MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 3 Soils REV 1.pdf 1.08MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.01 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* Construct a parking lot and associated driveway to facilitate entry/exit at the proposed outpatient surgical center. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project proposes the development of a paved parking lot with associated 24,268 SF commercial outpatient surgical building with access from Nettlewood Drive in Asheville, Buncombe County, NC. The proposed parking lot and building would be located on 2.52 acre tract of land with an anticipated disturbance acreage of approximately 0.01 acres of wetland. The wetland to be impacted with fill dirt is located south of Nettlewood Drive in the northcentral portion of the site. A site plan illustrating the location of the proposed construction and resulting wetland impact is attached. The proposed impact to the wetland area allows for interconnectivity of entrance off of Nettlewood Drive to the parking lot. Site plans including cross sectional views of proposed impacts are attached. 4j. Please upload project drawings for the proposed project. Wetland Delineation 2020-1-22.pdf 5.03MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No 6 Unknown Comments: PJD submitted in concurrence with this PCN 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Katherine Weatherly Agency/Consultant Company: Terracon Consultants Other: 5d1. Jurisdictional determination upload PJD Request.pdf 2.18MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? Not at this time D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries r Open Waters r Pond Construction 2. Wetland Impacts r Buffers 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area A Fill P Isolated Wetlands A No Corps 0.010 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.010 2h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Entire 0.01 acres of wetland will be impacted (fill). 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Entire 0.01 acres of wetland will be impacted (fill) to support parking lot feature. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Confirmed with project manager through email on December 30, 2019 that this amount of wetland impact will not require compensatory mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 2g. Total Permanent Wetland Impact 0.010 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NIA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?' r Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPaC online resource Consultation Documentation Upload IPAC Report.pdf 790.87KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Fisheries online mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* North Carolina State Historic Preservation Office GIS Web Service (HPOWEB) and the North Carolina Office of State Archaeology (OSA) 7c. Historic or Prehistoric Information Upload 86197132 Nettlewood Tract CR Desktop Final 1-23-20.pdf 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA floodplain online resource Miscellaneous Comments PJD submitted with PCN Miscellaneous attachments not previously requested. 4.82MB U Signature v W By checking the box and signing below, I certify that: I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Katherine Lee Weatherly Signature rtrw1&41 9rlr�y Date 1 /27/2020 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. ______________ PLAN NO. ____________ PARCEL ID: ________________________ STREET ADDRESS: _____________________________________________________________ _____________________________________________________ Please print: Property Owner: ________________________________________________________________ Property Owner: ________________________________________________________________ The undersigned, registered property owners of the above noted property, do hereby authorize __________________________________, of ________________________________________ (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner’s Address (if different than property above): _________________________________________________________________ Telephone: _____________________________ We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. __________________ __________________ _________________ __________________ Authorized Signature Authorized Signature Date: _______________________________ Date: _______________________________ N/A N/A 9656-01-9118-00000 Nettlewood Drive, Asheville, Buncombe County, NC Nettlewood Associates LLC Katherine Weatherly Terracon Consultants, Inc 83 Peachtree Road, Asheville, NC 28803 N/A _________________________________________________________________________________________________ AuAuthhhthhhhhhhhorized Signatureee 1/27/2020 ³Exhibit 1 Project No. Date: Drawn By:MDP Approved By:JWB 0 400 800200Feet 8/14/2019 USGS Topographic Map Nettlewood Associates, LLC Tracts (7)Nettlewood Drive and Peachtree Road Asheville, Buncombe County, North Carolina 86197132.1 72 Pointe Circle Greenville, SC 29615 PH: (864) 292-2901 FAX: (864) 292-63611:4,000 Legend Approximate Site Boundary Ux CuD CuC TmC Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community³Exhibit 3 Project No. Date: Drawn By:MDP Approved By:JWB 0 100 20050Feet 8/14/2019 NRCS SSURGO Soils Map Nettlewood Associates, LLC Tracts (7)Nettlewood Drive and Peachtree Road Asheville, Buncombe County, North Carolina 86197132.1 72 Pointe Circle Greenville, SC 29615 PH: (864) 292-2901 FAX: (864) 292-63611:1,000 Legend Approximate Site Boundary Soil Map Unit Name Clifton-Urban land complex, 15 to 30 percent slopes Clifton-Urban land complex, 8 to 15 percent slopes Tate-Urban land complex, 8 to 15 percent slopes Urban land PROJECT NO:SHEET IDENTIFIERCHARLOTTE, NCRICHMOND, VACONSULTING ARCHITECTP.I.C.P MGR.P ARCH.DESIGN BYJOB CAPTAINDRAWN BYCHECKED BYSHEET TITLE212 S. Tryon Street, Suite 980Charlotte, NC 28281(T) 704-887-3500www.rpadesign.netISSUEDATEDESCRIPTIONFULL SET ISSUESADDENDA OR MODIFICATION5432154321A B C D A B C D ASHEVILLE, NC212 S. Tryon Street, Suite 980Charlotte, NC 28281(T) 704-414-1000 (F) 704-414-1111www.odell.comARCHITECT OF RECORD12/4/2019 10:41:59 AMBIM 360://4124-024_Asheville_ASC/4124-024_AshevilleASC_ARCH_2018_DD_With Topo.rvt ASHEVILLESURGCARERYAN COMPANIESUS, INC.4124-024R. PETERSONF. FREEMANM. MONTGOMERY2019ODELL Associates, Inc., All Rights ReservedcREVISIONDATEDESCRIPTIONKEYPLAN1B1ATRUENCBELS LICENSE #: C-2184 168 PATTON AVENUEASHEVILLE, NC 28801 PHONE (828) 252-5388 FAX (828) 252-536552 WALNUT STREET - SUITE 9 WAYNESVILLE, NC 28786 PHONE (828) 452-4410 FAX (828) 456-5455Concepts, PACCDDesignCivilwww.civildesignconcepts.comVICINITY MAP(NOT TO SCALE)Know what'sbelow.before you dig.CallR29 NETTLEWOOD DRIVEASHEVILLE SURGCARERYAN COMPANIES US, INC.533 SOUTH 3RD STREET SUITE 100MINNEAPOLIS, MN 55415SCOTT PETIPRIN(630) 328-1128PREPARED FOR:INDEX OF SHEETSSheet No.TitleDEVELOPMENT DATANCOVERC001ASHEVILLE, NORTH CAROLINAUSGS TOPO MAP1"= 2000' NETTLEWOOD DRIVE50' RIGHT OF WAY - PRIVATE - ASPHALTOAK STREET PIN: 9656-10-0957NETTLEWOOD ASSOCIATES LLCDEED BOOK 2289 PAGE 281ZONING: HBUSE: RESIDENTIALPIN: 9656-01-9118NETTLEWOOD ASSOCIATES LLCDB 2289 PG 281ZONING: HBUSE: RESIDENTIALPIN: 9656-01-6134ASHEVILLE COMMONSPARTNERS LLCDEED BOOK 5686 PAGE 835ZONING: HBUSE: COMMERCIALPIN: 9656-01-8072NETTLEWOOD ASSOCIATES LLCDEED BOOK 4188 PAGE 1498ZONING: HBUSE: VACANTPIN: 9656-10-2829NETTLEWOOD ASSOCIATES LLCDEED BOOK 5303 PAGE 1135ZONING: HBUSE: RESIDENTIALPIN: 9656-00-9923NETTLEWOOD ASSOCIATES LLCDEED BOOK 2584 PAGE 96PLAT BOOK 9 PAGE 21ZONING: HBUSE: VACANTVICINITY MAP(NOT TO SCALE)NORTHKnow what'sbelow.before you dig.CallRPROJECT DATADEVELOPMENT DATANOTESNPROJECT NO:SHEET IDENTIFIERCHARLOTTE, NCRICHMOND, VACONSULTING ARCHITECTP.I.C.P MGR.P ARCH.DESIGN BYJOB CAPTAINDRAWN BYCHECKED BYSHEET TITLE212 S. Tryon Street, Suite 980Charlotte, NC 28281(T) 704-887-3500www.rpadesign.netISSUEDATEDESCRIPTIONFULL SET ISSUESADDENDA OR MODIFICATION5432154321A B C D A B C D ASHEVILLE, NC212 S. Tryon Street, Suite 980Charlotte, NC 28281(T) 704-414-1000 (F) 704-414-1111www.odell.comARCHITECT OF RECORD12/4/2019 10:41:59 AMBIM 360://4124-024_Asheville_ASC/4124-024_AshevilleASC_ARCH_2018_DD_With Topo.rvt ASHEVILLESURGCARERYAN COMPANIESUS, INC.4124-024R. PETERSONF. FREEMANM. MONTGOMERY2019ODELL Associates, Inc., All Rights ReservedcREVISIONDATEDESCRIPTIONKEYPLAN1B1ATRUENCBELS LICENSE #: C-2184 168 PATTON AVENUEASHEVILLE, NC 28801 PHONE (828) 252-5388 FAX (828) 252-536552 WALNUT STREET - SUITE 9 WAYNESVILLE, NC 28786 PHONE (828) 452-4410 FAX (828) 456-5455Concepts, PACCDDesignCivilwww.civildesignconcepts.comEXISTINGCONDITIONS &DEMOLITION PLANC101 NETTLEWOOD DRIVE50' RIGHT OF WAY - PRIVATE - ASPHALTPIN: 9656-01-6134ASHEVILLE COMMONSPARTNERS LLCDEED BOOK 5686 PAGE 835ZONING: HBUSE: COMMERCIALSITE LEGENDVICINITY MAP(NOT TO SCALE)NORTHKnow what'sbelow.before you dig.CallRPROJECT DATADEVELOPMENT DATANOTESNPROJECT NO:SHEET IDENTIFIERCHARLOTTE, NCRICHMOND, VACONSULTING ARCHITECTP.I.C.P MGR.P ARCH.DESIGN BYJOB CAPTAINDRAWN BYCHECKED BYSHEET TITLE212 S. Tryon Street, Suite 980Charlotte, NC 28281(T) 704-887-3500www.rpadesign.netISSUEDATEDESCRIPTIONFULL SET ISSUESADDENDA OR MODIFICATION5432154321A B C D A B C D ASHEVILLE, NC212 S. Tryon Street, Suite 980Charlotte, NC 28281(T) 704-414-1000 (F) 704-414-1111www.odell.comARCHITECT OF RECORD12/4/2019 10:41:59 AMBIM 360://4124-024_Asheville_ASC/4124-024_AshevilleASC_ARCH_2018_DD_With Topo.rvt ASHEVILLESURGCARERYAN COMPANIESUS, INC.4124-024R. PETERSONF. FREEMANM. MONTGOMERY2019ODELL Associates, Inc., All Rights ReservedcREVISIONDATEDESCRIPTIONKEYPLAN1B1ATRUENCBELS LICENSE #: C-2184 168 PATTON AVENUEASHEVILLE, NC 28801 PHONE (828) 252-5388 FAX (828) 252-536552 WALNUT STREET - SUITE 9 WAYNESVILLE, NC 28786 PHONE (828) 452-4410 FAX (828) 456-5455Concepts, PACCDDesignCivilwww.civildesignconcepts.comSITE PLANC201 VICINITY MAP(NOT TO SCALE)NPROJECT NO:SHEET IDENTIFIERCHARLOTTE, NCRICHMOND, VACONSULTING ARCHITECTP.I.C.P MGR.P ARCH.DESIGN BYJOB CAPTAINDRAWN BYCHECKED BYSHEET TITLE212 S. Tryon Street, Suite 980Charlotte, NC 28281(T) 704-887-3500www.rpadesign.netISSUEDATEDESCRIPTIONFULL SET ISSUESADDENDA OR MODIFICATION5432154321A B C D A B C D ASHEVILLE, NC212 S. Tryon Street, Suite 980Charlotte, NC 28281(T) 704-414-1000 (F) 704-414-1111www.odell.comARCHITECT OF RECORD12/4/2019 10:41:59 AMBIM 360://4124-024_Asheville_ASC/4124-024_AshevilleASC_ARCH_2018_DD_With Topo.rvt ASHEVILLESURGCARERYAN COMPANIESUS, INC.4124-024R. PETERSONF. FREEMANM. MONTGOMERY2019ODELL Associates, Inc., All Rights ReservedcREVISIONDATEDESCRIPTIONKEYPLAN1B1ATRUENCBELS LICENSE #: C-2184 168 PATTON AVENUEASHEVILLE, NC 28801 PHONE (828) 252-5388 FAX (828) 252-536552 WALNUT STREET - SUITE 9 WAYNESVILLE, NC 28786 PHONE (828) 452-4410 FAX (828) 456-5455Concepts, PACCDDesignCivilwww.civildesignconcepts.comSITE CROSSSECTIONSC202INSET ANORTH1 inch = 10 ft. (H)1 inch = 4 ft. (V)1 inch = 10 ft. (H) Terracon Consultants, Inc. 521 Clemson Road Columbia, South Carolina 29229 P [803] 741 9000 F [803] 741 -9900 terracon.com January 23, 2020 Mr. Jonathan Blaha Ryan Companies US, Inc. 533 South Third St., Suite 100 Minneapolis, Minnesota 55415 Re: Cultural Resources Desktop Review for the Nettlewood Tract Buncombe County, North Carolina Terracon Project No. 86197132 Dear Mr. Blaha: Terracon Consultants, Inc. (Terracon), on behalf of Ryan Companies, has completed a Cultural Resources Desktop Review for the proposed 2.52-acre Nettlewood Tract located south of the City of Asheville in Buncombe County, North Carolina (Figures 1 and 2). The desktop review is being conducted as part of the application for a Nationwide Permit (NWP 39) from the U.S. Army Corps of Engineers. This work was done under contract to Ryan Companies in general accordance with Terracon Proposal P86197132, dated January 2, 2020. BACKGROUND RESEARCH Background research was conducted on January 22, 2020, using the North Carolina State Historic Preservation Office GIS Web Service (HPOWEB), a GIS program depicting previously recorded above-ground historic resources. Background research was also conducted at the North Carolina Office of State Archaeology (OSA) in August 2019 to determine the presence of any previously recorded archaeological resources. The area examined was a 0.25-mile radius around the project area. Based on the results of the background research, there are two cultural resources recorded within a 0.25-mile radius of the project area (Figures 1 and 2). The Blue Ridge Parkway, BN0905, is located approximately 0.17-mile northwest of the project area and was determined to be eligible for inclusion in the National Register of Historic Places (NRHP). Archaeological site 31BN156, located approximately 0.11-mile northwest of the project area, was recorded in 1975 as a small prehistoric site. While the NRHP status for this site is listed as “unassessed,” no additional work was recommended. No other previously recorded historic or archaeological resources are located within a 0.25-mile radius of the project area. CONCLUSION AND RECOMMENDATIONS There are no previously recorded cultural resources located within or immediately adjacent to the project area. The closest previously documented cultural resource, archaeological site 31BN156, is located approximately 0.11-mile to the northwest. Neither archaeological site 31BN156 nor the # Blue Ridge Parkway 31BN156 Copyright:© 2013 National Geographic Society, i-cubed #Archaeological Site Blue Ridge Parkway - Historic Resource 0.25-mile Search Radius Project Area (approximate) Figure 1. Previously recorded cultural resources within a 0.25-mile radius of the project area.Base Map: Asheville (1979) 7.5' USGS topographic quadrangle. FigureProject No. Drawn By: Reviewed By: Date:January 2020 BGG BGG 521 Clemson Rd.Columbia, SC PH. (803) 741-9000 terracon.com 1NETTLEWOOD TRACTBUNCOMBE CO., NC 86197132®USGS TOPOGRAPHIC MAP 0 0.1 0.20.05 Miles # Blue Ridge Parkway 31BN156 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS UserCommunity #Archaeological Site Blue Ridge Parkway - Historic Resource 0.25-mile Search Radius Project Area (approximate) Figure 2. Aerial imagery depicting previously recorded cultural resources within a 0.25-mile radius of the project area.Base Map: ESRI World Imagery. FigureProject No. Drawn By: Reviewed By: Date:January 2020 BGG BGG 521 Clemson Rd.Columbia, SC PH. (803) 741-9000 terracon.com 2NETTLEWOOD TRACTBUNCOMBE CO., NC 86197132®AERIAL IMAGERY 0 0.1 0.20.05 Miles January 22, 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-0280 Event Code: 04EN1000-2020-E-00670 Project Name: Nettlewood Tract 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 01/22/2020 Event Code: 04EN1000-2020-E-00670   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; 01/22/2020 Event Code: 04EN1000-2020-E-00670   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 01/22/2020 Event Code: 04EN1000-2020-E-00670   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 01/22/2020 Event Code: 04EN1000-2020-E-00670   2    Project Summary Consultation Code:04EN1000-2020-SLI-0280 Event Code:04EN1000-2020-E-00670 Project Name:Nettlewood Tract Project Type:DEVELOPMENT Project Description:2.52 acres commercial building Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.51532596604914N82.52600502645825W Counties:Buncombe, NC 01/22/2020 Event Code: 04EN1000-2020-E-00670   3    1. Endangered Species Act Species There is a total of 12 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2657 Endangered Gray Bat Myotis grisescens No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6329 Endangered Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Threatened Reptiles NAME STATUS Bog Turtle Clemmys muhlenbergii Population: U.S.A. (GA, NC, SC, TN, VA) No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6962 Similarity of Appearance (Threatened) 1 01/22/2020 Event Code: 04EN1000-2020-E-00670   4    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 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 Blue Ridge Goldenrod Solidago spithamaea No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5821 Threatened Bunched Arrowhead Sagittaria fasciculata No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1720 Endangered Mountain Sweet Pitcher-plant Sarracenia rubra ssp. jonesii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4283 Endangered Spreading Avens Geum radiatum No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6854 Endangered Virginia Spiraea Spiraea virginiana No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1728 Threatened 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 01/22/2020 Event Code: 04EN1000-2020-E-00670   5    Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 01/22/2020 Event Code: 04EN1000-2020-E-00670   1    1. 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 Cerulean Warbler Dendroica cerulea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/2974 Breeds Apr 27 to Jul 20 1 2 01/22/2020 Event Code: 04EN1000-2020-E-00670   2    NAME BREEDING SEASON Golden-winged Warbler Vermivora chrysoptera This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8745 Breeds May 1 to Jul 20 Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Apr 20 to Aug 20 Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Jul 31 Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Sep 10 Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds elsewhere Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Aug 31 Yellow-bellied Sapsucker sphyrapicus varius This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/8792 Breeds May 10 to Jul 15 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ “Proper Interpretation and Use of Your Migratory Bird Report” before using or attempting to interpret this report. Probability of Presence () Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. 01/22/2020 Event Code: 04EN1000-2020-E-00670   3    1. 2. 3. no data survey effort breeding season probability of presence 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 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 01/22/2020 Event Code: 04EN1000-2020-E-00670   4    ▪ ▪ ▪ SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Cerulean Warbler BCC Rangewide (CON) Golden-winged Warbler BCC Rangewide (CON) Kentucky Warbler BCC Rangewide (CON) Prairie Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Rusty Blackbird BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON) Yellow-bellied Sapsucker BCC - BCR Additional information can be found using the following links: Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf 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? 01/22/2020 Event Code: 04EN1000-2020-E-00670   5    1. 2. The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of 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 01/22/2020 Event Code: 04EN1000-2020-E-00670   6    3."Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects 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 01/22/2020 Event Code: 04EN1000-2020-E-00670   7    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. 01/22/2020 Event Code: 04EN1000-2020-E-00670   1    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. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.