20200160 Ver 1_401 Application_20200128

Staff Review
Does this application have all the attachments needed to accept it into the review process?
r Yes r No
ID#* Version* 1
20200160
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Alan Johnson:eads\adjohnson1
Select Reviewing Office:* Mooresville Regional Office - [phone]
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
New Project w Existing ID
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: [e-mail]
Project Information
Project Name: Westfield Subdivision
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)
Cabarrus
Please upload all files that need to be submited.
aick the upload button or drag and drop files here to attach document
Westfield Subdivision Permit Application - NWP
7.15MB
18.pdf
Only pdf or krm files are accepted.
Describe the attachments:
Westfield Subdivision NWP 18 Permit Application
V By checking the box and signing box below, I certify that:
o 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 9: SAW- 2018-02281 Begin Date (Date Received):
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Westfield Subdivision
2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑✓ Commercial
3. Project Description / Purpose [PCN Form 133d and B3e]:
Nationwide Permit Application submittal for proposed sewer line to support the Westfield Subdivison.
4. Property Owner / Applicant [PCN Form A3 or A4]: Danny G Bost, LLC
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
ECS; Paul Stephens
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
35.493640,-80.648231
1460 Rainbow Drive, Kannapolis, NC
8. Project Location — Tax Parcel ID [PCN Form Bla]: 5603986771, 5613180678, and 5603988375
9. Project Location — County [PCN Form A2b]: Cabarrus
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Kannapolis
11. Project Information —Nearest Waterbody [PCN Form 132a]: Irish Buffalo Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]:
Authorization: Section 10 ❑ Section 404 ✓❑
Regulatory Action Type:
❑ Standard Permit
✓ Nationwide Permit 9
Regional General Permit 9
Jurisdictional Determination Request
Section 10 and 404 ❑
❑ Pre -Application Request
::]Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602

ECS SOUTHEAST, LLP
Geotechnical • Construction Materials • Environmental
1812 Center Park Drive, Suite D
Charlotte, NC 28217
Telephone: [phone]
To:
Ms. Catherine Janiczak
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:
LETTER OF TRANSMITTAL
Date: 1/28/2020 Project No. 49: 7955
Westfield Subdivision
1460 Rainbow Drive
Kannapolis, Cabarrus County, North Carolina
COPIES
DATED
DESCRIPTION
1
1/28/2020
Nationwide Permit 18 — PCN Submittal — Westfield Subdivision
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 Westfield Subdivision Sewer Line in
Kannapolis, Cabarrus County, North Carolina. If you have any questions please contact Paul Stephens at (843) 284-
7823 or at [e-mail]
n
COPY TO: Paul Stephens, 1-28-2020 SIGNED.

ECS SOUTHEAST, L L P "Setting the Standard for Service"
r Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineenng Firm F•1078
NC Registered Geologists Firm C-406
SC Registered Engineering Firm 3239
January 28, 2020
Ms. Catherine Janiczak
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 Discharges
Westfield Subdivison Sewer Line - SAW-2018-02281
1460 Rainbow Drive,
Kannapolis, Cabarrus County, North Carolina
ECS Project No. 49: 7955
Dear Ms. Janiczak,
Please find the attached Request for Pre -Construction Notification (PCN) Nationwide Permit 18
for the Westfield Subdivison (SAW-2018-02281). The purpose of the project is to provide
sanitary sewer to the proposed Westfield Subdivision in Kannapolis, North Carolina.
Background
The site is located north of Rainbow Drive and west of Mooresville Road (NC Highway 3) in
Kannapolis, Cabarrus County, North Carolina (Figure 1). The site consists of three parcels
identified as Cabarrus County GIS Parcel ID 5603986771 (-35.41 acres), 5613180678 (-1.96
acres), and 5603988375 (-0.11 acres). The site consists of undeveloped, wooded land.
The purpose of the project is to provide sanitary sewer to the proposed site. The total proposed
sewer line on site will total approximately 3,070 LF. The proposed sewer line will be utilized as
part of site development for townhomes. The proposed sewer line will be encased with pipe
sleeving so that the municipality can maintain the utility without future impacts to the wetlands;
therefore, the sewer line easement will not be a permanent maintenance corridor.
Site Reconnaissance
ECS conducted the site reconnaissance on October 18, 2018. During the reconnaissance, the
site was observed for evidence of ponds, streams, and wetlands. One stream (stream SA) and
one wetland (wetland WA) was delineated on site. Irish Buffalo Creek is located along the
western boundary and was not delineated. Ponds were not observed within the site.
On January 23, 2019, ECS received a Preliminary Jurisdictional Determination (JD) from Ms.
Catherine Janiczak, USACE. The Preliminary JD states that there are approxiamtely 5.58 acres
of wetland waters and 2,117 LF of jurisdcitonal non -wetland waters (stream) located on site. A
copy of this letter is attached.
ECS Capitol Services. PLLC - ECS Florida, LLC • ECS Mid -Atlantic, LLC - ECS Midwest, LLC • ECS Southeast, Lt_P - ECS Texas, LLP
www.eeslimited.com

Impacts & Mitigation
The development plan proposes 0.002 acres (5 LF & 71.75 SF) of temporary fill impacts to a
jurisdictional wetland area for successful installation of the proposed sewer line. ECS proposes
the use of NWP 18 — Minor Discharges for the proposed temporary impacts. Mitigation is not
proposed as part of the permit application.
Agency Review
The site consists mostly of wooded land and fields. 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. A stream is located along the northern site
boundary. The stream had defined bed and bank, an ordinary high water mark (OHWM), and
moderate in -channel structure. A wetland area is located on the western portion of the site.
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 three listed threatened and
endangered species on the list. ECS did not observe these species during the site
reconnaissance on October 18, 2018.
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, Frog Hollow Mill
Village Historic District (CA1559) and several Houses listed as Ineligible for listing in the
National Register Historic Places (NRHP) are listed on the adjoining properties. ECS did not
identify significant architectural or archaeological resources on the subject site during the site
reconnaissance October 18, 2018.

Closing
On behalf of Danny G. Bost, LLC and BGE, Inc., ECS respectfully requests the use of NWP 18
to authorize the temporary fill impacts of 0.002 acres of jurisdictional wetlands. 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 [phone] or
[e-mail] with questions or if additional information is required.
Sincerely,
�� A. ��' ,
Paul M. Stephens IV, E.I., PWS
Environmental Project Manager
pstephens(@ecslimited.com
843.284.7823
W. Brandon Fulton, LSS, PSC, PWS
Environmental Principal
bfulton0ecslimited.com
704.409.7744
Attachments: Pre -Construction Notification Application
Appendices
Impact Exhibits
Development Plan
Preliminary JD Letter (SAW-2018-02281)
Figures
IPaC USFWS Report
NLEB MA Verification Letter
NCSHPO GIS
Cabarrus County Parcel Info

\N A -rEo
0 � r
Office Use Only:
Corps action I D no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a. Type(s) of approval sought from the Corps:
Section 404 Permit E] Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
E] Yes Eg No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
El 401 Water Quality Certification — Regular E] Non-404 Jurisdictional General Permit
F1 401 Water Quality Certification — Express F] Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
Eg Yes E] No
For the record only for Corps Permit:
0 Yes M No
1 f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
E] Yes M No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
E] Yes ZNo
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
0 Yes Eg No
2.
Project Information
2a.
Name of project:
Westfield Subdivision
2b. County:
Cabarrus
2c.
Nearest municipality / town:
Kannapolis
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
Danny G. Bost, LLC
3d. Street address:
783 Williamsburg Drive
3e.
City, state, zip:
Concord
3f.
Telephone no.:
[phone]
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

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); [phone] (c)
5f.
Fax no.:
1(843) 884 - 7990
5g.
Email address:
I [e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1 .
Property Identification
1 a.
Property identification no. (tax PIN or parcel ID):
5603986771, 5613180678, & 5603988375
1 b. Site coordinates (in decimal degrees):
I Latitude: 35.49391 Longitude: -80.649569
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Irish Buffalo Creek
2b. Water Quality Classification of nearest receiving water:
Class C
2c.
River basin:
Yadkin Pee -Dee 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
The site consists of undeveloped, wooded land. The site consists of rolling hills, indicative of the piedmont region. The surrounding properties
consists of single-family residences, apartment complexes, fields, and wooded land.
3b.
List the total estimated acreage of all existing wetlands on the property: 5.58
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,117
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?
ED Yes El No El unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
ED Preliminary E] 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-2018-02281) completed on January 23, 2019.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
El Yes E] No 0 Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
El Yes ED No
6b.
If yes, explain.
Page 3of1U

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
N Wetlands El Streams — tributaries El Buffers El Open Waters El Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
Wetland impact
number
Permanent (P) or
Temporary (T)
Type of impact
Type of wetland
Forested
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
Area of
impact
(acres)
W1 T
Fill
Bottomland Hardwood Forest
Yes
Corps
0.002
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:
0.002
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.
Stream impact
number
Permanent (P) or
Temporary (T)
Type of impact
Stream name
Perennial (PER) or
intermittent (INT)?
Type of
jurisdiction
Average
stream
width
(feet)
Impact
length
(linear
feet)
3h. Total stream and tributary impacts
3i. Comments:
Page 4of1U

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 indivi ually 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, the 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
Pi
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, t en vou MUST fill out Section D of this form.
6a. Project is in which protected basin?
Neuse Tar -Pamlico Catawba F] Randleman E] 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)
B1 -
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
1 a. 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?
E] Yes Z No
2b. If yes, mitigation is required by (check all that apply):
E] DWQ El corps
2c. If yes, which mitigation option will be used for this
El Mitigation bank
❑project? El Payment to in -lieu fee program
El Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
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.
El 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 Rules) — required by DWO
6a. Will the project result in an impact within a protected riparian buffer that requires
E] Yes X 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
E] Yes FX1 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.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
14.8%
2b.
Does this project require a Stormwater Management Plan?
0 Yes El 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:
Stormwater management plan is being designed in accordance to City of Kannapolis requirements.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
City of Kannapolis
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
City of Kannapolis
El NSW
3b.
Which of the following locally -implemented stormwater management programs
El USMP
apply (check all that apply):
E] Water Supply Watershed
E] Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
El Yes NNo
ElCoastal counties
4a.
Which of the following state -implemented stormwater management programs apply
EIORW
(check all that apply):
RlSession Law 2006-246
4b.
Has the approved Stormwater Management Plan with proof of approval been
E] Yes FX1 No
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
Z Yes E] No
5b.
Have all of the 401 Unit submittal requirements been met?
Z Yes E] No
Page 8of1U

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
El Yes MNo
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 [:1 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
E] Yes E] No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (1 5A NCAC 2H .0500), Isolated
Wetland Rules (1 5A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
E] Yes ZNo
or Riparian Buffer Rules (1 5A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
El Yes MNo
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
0 Yes ZNo
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
Wastewater
the proposed project, or available capacity of the subject facility.
will be handled by Rocky River Regional Wastewater Treatment Mant.
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
❑ Yes No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
El Yes Eg 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 agency correspondence section in cover letter.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
E] Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NCAA 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
E] Yes Eg 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. See agency correspondence section in cover letter.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 1 00-year floodplain?
❑ Yes 0 No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA FIRM Map Service Center GIS viewer
Paul M. Stephens IV
01-28-2020
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

ECS SOUTHEAST, LLP "Sett►ng the Standard for Service"
fir,. Geotechnical • Construction Materials • Environmental - Facilities NC Registered Engineering Firm F•1078
NC Registered Geologists Firm C-466
SC Registered Engineering Firm 3230
Appendices:
B. Project Information and Prior Project History
3d. Explain the purpose of the project:
The purpose of the project is to provide sanitary sewer to the proposed site. The total proposed
sewer line on site will total approximately 3,070 LF. The proposed sewer line will be utilized as
part of site development for townhomes. The proposed sewer line will be encased with pipe
sleeving so that the municipality can maintain the utility without future impacts to the wetlands;
therefore, the sewer line easement will not be a permanent maintenance corridor.
The proposed development includes approximately 134 townhome lots on site, associated
parking, and roadways. The roads will be both public (Granbury Drive and Aspermont Drive)
and private (Shiner Lane and Knox Lane). A site plan is attached showing the proposed
development.
An existing public sanitary sewer line is located along the western portion of the site. In order to
connect to the existing sanity sewer line, an approximate 0.002 acre (5 LF, 71.75 SF) wetland
acre area is proposed for temporary impact.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed sewer line will be installed through cut and fill techniques. The topsoil and hydric
soils will be separated when removed from the trench. The cut shall be backfilled and the
construction area stabilized immediately after installation and testing of the sanitary sewer line.
The backfill shall be graded to existing elevations. Soil removed from the cut shall be stockpiled
on the upslope side of the trench, away from the wetland extents. Equipment and materials shall
be stored on the upslope side of the trench, away from the wetland extents.
Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles
would be used for the project. 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.
D. Impact Justification and Mitigation
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in
designing protect:
The proposed crossing has been designed at a location for the least impacts to wetlands
possible for successful installation of the utility. Due to the location of the existing sewerline on
the western portion of the site, the applicant has designed the utility to cross the wetlands area
in the location with the least amount of impact possible. Additionally, the proposed impacts will
be temporary due to installation of a pipe sleeve which helps the municipality maintain the
sewer line without a permanent maintenance corridor.
Avoidance and minimization of waters was performed to the greatest extent possible with
respect to the wetlands and waters on the U.S. on site, the topography, the restraints with
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regards to easements and setbacks, and the space needed to allow successful installment of
the utility.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through
construction techniques:
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.

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-02281 County: Cabarrus U.S.G.S. Quad: NC- Kannapolis
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Danny G Bost LLC
Dannv Bost
Address: 783 Williamsburg Dr NE
Concord, NC 28025
Telephone Number: 704-791-7066
E-mail: dannvbost(dvahoo.com
Size (acres) 37 Nearest Town Kannapolis
Nearest Waterway Irish Buffalo Creek River Basin Yadkin
USGS HUC 03040105 Coordinates Latitude: 35.493640
Longitude:-80.648231
Location description: The review area is located 0128 miles Northwest of the intersection of Rainbow Drive and Hutton Ave. in
Cabarrus Co. PIN(s): 5603986771, 5613180678, 5603988375.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters including wetlands, on the above described project area/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). The
waters including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/26/2018. 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 JD 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 further instruction.
❑ There appear to be waters including wetlands, on the above described project area/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 over all 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
including wetlands, on your project area/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.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/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 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 waters including wetlands, on the above described project area/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 including wetlands, on your project area/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.

SAW-2018-02281
❑ The waters including wetlands, on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA 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 including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on DATE. 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/property 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 in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including 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 Catherine M. Janiczak at 704-510-1438 or
Catherine. M.Janiczak(a)u sace. armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 01/23/2019.
D. Remarks: None.
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 delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If 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
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
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 Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
,�7 JfA�NIC�jZ�jAK.CATHERINE.MARIE.1535 oN'tca"„S'o-�s�emmnt,o,=DoD,O,=PKLO,=USA,
Corps Regulatory Official. 587066 cn=lAM12AKCATH55-.42 M5-00- 5355870fib
Date: 2019.01.23 06:55:42 -05'00'
Date of JD: O1/23/2019 Expiration Date of JD: Not applicable

SAW-2018-02281
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 the Customer Satisfaction Survey located at
http://corpsmapu.usace.anny.mil/cm_apex/Vp=136:4:0
Copy furnished:
Agent: ECS Southeast, LLP
Dave Valentine
Address: 1812 Center Park Drive, Suite D
Charlotte, NC 28217
Telephone Number: 704-525-5152
E-mail: dvalentine(decslimited.com

SAW-2018-02281
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Dannv G Bost LLC, Dannv Bost File Number: SAW-2018-02281
Date: 01/23/2019
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPennits.asi)x
or the Corps regulations at 33 CFR Part 331. AL
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 PERMIT: 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 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.
• 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 DENIAL: 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 Corps 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.

SAW-2018-02281
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. Jason Steele, Administrative Appeal Review Officer
Attn: Catherine M. Janiczak
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
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 opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 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. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 01/23/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Danny G Bost LLC, Danny Bost, 783 Williamsburg Dr
NE,Concord, NC 28025
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Bost Danny Westfield Subdivision
JD, SAW-2018-02281
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 0128 miles
Northwest of the intersection of Rainbow Drive and Hutton Ave. in Cabarrus Co. PIN(s): 5603986771, 5613180678,
5603988375.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Cabarrus City: Kannapolis
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.493640 Longitude:-80.648231
Universal Transverse Mercator:
Name of nearest waterbody: Irish Buffalo Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 01/23/2019
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Number
Latitude (decimal
degrees)
Longitude (decimal
degrees)
Estimated amount of
aquatic resources in
review area (acreage
and linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs. non -
wetland waters)
Geographic authority to
which the aquatic resource
'may be" subject (i.e.,
Section 404 or Section
10/404)
WA
35.494639
-80.647193
5.5774 acres
Wetland
Sec. 404
SA
35.494639
-80.647193
2,117 linear feet
Non -wetland
Sec. 404

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 7D (AID) for that review area based on an informed decision after having discussed the
various types of 7Ds 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, and the permit applicant has
not requested an AID 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 AID
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AID 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 AID
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 as jurisdictional, 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 7D will be processed as soon as practicable. Further, an AID, 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 AID to accomplish that result, as soon as is
practicable. This PJD finds that there "may 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 following information:

SUPPORTING DATA. Data reviewed for PJD (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 the PJD requestor:
Map: Figure 6 (Dated 10/26/2018)_
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Figure 2 (Dated 10/26/2018)_
® Natural Resources Conservation Service Soil Survey. Citation: Figure 3 (Dated 10/26/2018)
® National wetlands inventory map(s). Cite name: Figure 5 (Dated 10/26/2018)_
❑ State/local wetland inventory map(s):
® FEMAVFIRM maps: Figure 4 (Dated 10/26/2018)_
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 6 (Dated 10/26/2018)
or ®Other (Name & Date): ECS Photolog_
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corus and should not be relied uuon for later jurisdictional determinations.
Digitally signed by
JANICZAK.CA JANICZAK.CATHERINE.MARIE.153
5587066
THERINE.MARI DN:c=US,o=U.S.Government,
ou=DoD, ou=PKI, ou=USA,
153 58 cn=JANICZAK
E.1535587066
Date: 2019.01.23 06:56:17-05'00'
Signature and date of Regulatory
staff member completing PJD
01/23/2019
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) t
1 Districts may establish timeframes for requester to return signed PJD 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.

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.gov/nc-es/es/couMfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2020-SLI-0278
Event Code: 04EN1000-2020-E-00663
Project Name: Westfield Subdivision
January 21, 2020
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc counties.html. The AFO website list includes "species of concern" species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmis/project review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html

01/21/2020 Event Code: 04EN1000-2020-E-00663
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may be
requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm;

01/21/2020 Event Code: 04EN1000-2020-E-00663
3
http://www.towerkill.com; andhttp://www.fws.gov/migrator3birds/CurrentBirdlssues/Hazards/
towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Wetlands

01/21/2020 Event Code: 04EN1000-2020-E-00663
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

01/21/2020 Event Code: 04EN1000-2020-E-00663
KA
Project Summary
Consultation Code: 04EN1000-2020-SLI-0278
Event Code: 04EN1000-2020-E-00663
Project Name: Westfield Subdivision
Project Type: WASTEWATER PIPELINE
Project Description: Proposed sewer line crossing for residential development.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/35.49346712505798N80.64876919750745W
Counties: Cabarrus, NC

01/21/2020 Event Code: 04EN1000-2020-E-00663 3
Endangered Species Act Species
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Clams
NAME STATUS
Carolina Heelsplitter Lasmigona decorata Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/3534
Flowering Plants
NAME STATUS
Schweinitz's Sunflower Helianthus schweinitzii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3849

01/21/2020 Event Code: 04EN1000-2020-E-00663
Critical habitats
MERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

01/21/2020
Event Code: 04EN1000-2020-E-00663
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https:Hecos.fws.gov/ecp/species/1626
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.

01/21/2020
Event Code: 04EN1000-2020-E-00663
NAME
BREEDING
SEASON
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )

01/21/2020 Event Code: 04EN1000-2020-E-00663 3
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Non BCCgVulnerable , 1111 Jill �NIN E �� ald AN1116 ----- III In. �ij1 Jill
Woodpecker
BCC (CON) +mill Jill Jill Jill II-- -- -- — — — -
----
Rusty Blackbird +— +--� --'— +--+ ++-- — — — — — — — — — — — — — — — — --'— '—
BCC Rangewide (CON)
Wood Thrush ++-- +--- — — — — - +III II11 Jill
Jill
— — — — — — — — — — — — ----
BCC Rangewide (COI)
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

01/21/2020 Event Code: 04EN1000-2020-E-00663
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, bandim
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

01/21/2020 Event Code: 04EN1000-2020-E-00663 5
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If 'Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC

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use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

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Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
RIVERINE
• R2UBHx
• R4SBC

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.gov/nc-es/es/couMfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2020-TA-0278
Event Code: 04EN1000-2020-E-00666
Project Name: Westfield Subdivision
January 21, 2020
Subject: Verification letter for the 'Westfield Subdivision' 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 21, 2020 your effects
determination for the 'Westfield Subdivision' (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"fil 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.

01/21/2020 Event Code: 04EN1000-2020-E-00666
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:
• Carolina Heelsplitter, Lasmigona decorata (Endangered)
• Schweinitz's Sunflower, Helianthus schweinitzii (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)].

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Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Westfield Subdivision
2. Description
The following description was provided for the project 'Westfield Subdivision':
Proposed sewer line crossing for residential development.
Approximate location of the project can be viewed in Google Maps: https://www.google.com/
maps/place/35.49346712505798N80.64876919750745W
R we*L* 10E-34
2 �>411 .i I O � '•' 141
6"
4
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.

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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).

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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
1. Is the action authorized, funded, or being carried out by a Federal agency?
Yes
2. Have you determined that the proposed action will have "no effect" on the northern long-
eared bat? (If you are unsure select "No")
No
3. Will your activity purposefully Take northern long-eared bats?
No
4. Is the project action area located wholly outside the White -nose Syndrome Zone?
Automatically answered
No
5. 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
6. 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

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H.
7. Will the action involve Tree Removal?
Yes
8. Will the action only remove hazardous trees for the protection of human life or property?
No
9. Will the action remove trees within 0.25 miles of a known northern long-eared bat
hibernaculum at any time of year?
No
10. Will the action remove a known occupied northern long-eared bat maternity roost tree or
any trees within 150 feet of a known occupied maternity roost tree from June 1 through
July 31?
No

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Project Questionnaire
If the project includes forest conversion, report the appropriate acreages below.
Otherwise, type Win questions 1-3.
1. Estimated total acres of forest conversion:
0.010
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 Win questions 4-6.
4. Estimated total acres of timber harvest
U
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 Win 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 Win question 10.

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10. What is the estimated wind capacity (in megawatts) of the new turbine(s)?