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HomeMy WebLinkAbout20200219 Ver 1_PCN Form Submission_20200209DWR 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 20200219 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Mooresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: Town of Cornelius, McDowell Creek - Dana Greenway 1a. Who is the Primary Contact?* Craig R. Wyant RLA/SWS 1b. Primary Contact Email:* craig.vvyant@charter.net Date Submitted 2/9/2020 Nearest Body of Water McDowell Creek Basin Catawba Water Classification C Site Coordinates Latitude: 35.4697 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this project a public transportation project?* r Yes r No Longitude: -80.8797 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) Version#* 1 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (704)240-0793 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 42 - Recreation Facility 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: r 401 Water Quality Certification - Express r 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 Town of Cornelius McDowell Creek - Dana Greenway DIMS Acceptance.pdf 1 h. 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? 0 Yes r No B.Applicant Information 1d. Who is applying for the permit? F- 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: Town of Cornelius 2b. Deed book and page no.: 2c. Responsible party: John DeKemper 2d.Address Street Address Town of Cornelius Address Line 2 21445 Catawba Avenue P.O. Box 399 City Cornelius Postal / Zip Code 28031 2e. Telephone Number: (704)892-6031 2g. Email Address:* jdekemper@cornelius.org 3. Applicant Information (if different from owner) 3a. Name: State / RWnce / Region NC Country USA 2f. Fax Number: 880.87KB r Yes r No r Yes r No U Craig R. Wyant RLA/SWS 3b. Business Name: A Fine Line Design 3c.Address Street Address P.O. Box 163 Address tine 2 CKY High Shoals Postal / Zip Code 28077 3d. Telephone Number: (704)240-0793 3f. Email Address:* craig.wyant@charter.net 4. Agent/Consultant (if applicable) 4a. Name: Craig R. Wyant RLA/SWS 4b. Business Name: A Fine Line Design 4c.Address Street Address P.O. Box 163 Address Line 2 City High Shoals Postal / Zip Code 28077 4d. Telephone Number: (704)240-0793 4f. Email Address:* craig.wyant@charter. net Agent Authorization Letter* Agent Authorization Form signed.pdf C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Cornelius 2. Project Identification State / Province / legion NC Country USA 3e. Fax Number: State / Province / legion NC Country USA 4e. Fax Number: 323.46KB 2a. Property Identification Number: 2b. Property size: 00511663,00511103,00511C96,00524312 5 2c. Project Address Street Address Pine Lakes Drive Address tine 2 Gty State / Province / legion Cornelius NC Postal / Zip (ode Country 28031 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* McDowell Creek 3b. Water Resources Classification of nearest receiving water:* 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011401 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 consists of an average thirty foot wide easement within an approximate 35 acre forested common area shared by three surrounding communities. Nearly the entire site is forested with young to medium aged trees. There are several individuals of mature trees scattered throughout. Two perennial streams traverse the site, McDowell creek and Dana's Branch. The perennial streams cross nearly the entire site from property line to property line. Several smaller intermittent streams drain into the two main perennial streams. There are no existing structures within the open space area. 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) Location map USGS map 3.pdf 188.41 KB 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) USDA Soils.pdf 308.93KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.16 ac within review area 4g. List the total estimated linear feet of all existing streams on the property: 900 If within review area 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct approximately 7,000 If of a 10 foot wide paved asphalt greenway trail within a 30 foot average width easement through an existing common open space area to connect surrounding communities. Additionally, emergency vehicle access will be needed to all parts of the trail. The project will consist of three culverted stream crossings and one 0.006 acre wetland impact in order to provide the connections and access. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project will consist of approximately 7,000 If of a 10 foot wide paved asphalt greenway trail within a 30 foot average width easement through an existing common open space area to connect surrounding communities. The impacts Will consist of three culverted stream crossings and one .006 acre wetland impact along the edge of the trail in one area. Indirect impacts will include the required rip rap aprons for each culvert to prevent erosion and scour. The elevation of the rip rap will be placed level with the stream bed and the culverts will be buried below the bed elevation to allow free movement of aquatic life. The remainder of the 35 acre common open space will remain forested to serve as a buffer to streams and wetlands. There are no structures proposed for the project. Typical construction equipment wil be used including trucks, dozers, loaders, and trackhoes. 4j. Please upload project drawings for the proposed project. SAW-2019-00667 Impact Drawings.pdf 1.42MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: Town of Cornelius, McDowell Creek - Dana Greenway 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r' Not Verified r Unknown r N/A Corps AID Number: SAW-2019-00667 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Craig R. Wyant Agency/Consultant Company: A Fine Line Design Other: r Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR 5d1. Jurisdictional determination upload SAW-2019-00667 Town of Cornelius, McDowell Creek - Dana Greenway (Prelim....pdf 4.48MB 6. Future Project Plans 6a. Is this a phased project?* f Yes 9 No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No. However, the USACE has determined that there is a project history of the surrounding development that resulted in impacts. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries ❑ Buffers f— Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area* W-1 Fill to meet grade P Headwater Forest W-1 (DP-11) Yes Corps 0.006 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.006 2g. Total Wetland Impact 0.006 2h. Comments: Wetland impacts have been avoided to the greatest extent practicable. The resulting impact is due to the sideslope necessary for trail grading to meet existing slope in a narrow portion of the greenway easement between a perennial stream and adjacent property line. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact F (?) Jurisdiction* length* S1 Trail crossing 9 Permanent Culvert Ur McDowell Cr Perennial Both 6 32 Average (feet) (lir�rfeel) Trail CrossingPermanent Culvert ff��Dowell Cr Intermittent BothAverage (feet) (lir�rfeet) S3 Trail crossingPermanent Culvert Ur McDowell Cr Perennial Both 6 28 Average (feet) (IirK�rfeel) S4 S-1 rip rap aprons Temporary Rip Rap Fill UT McDowell Cr Perennial Both 6 34 Average (feet) (linearfeel) SS S-2 rip rap apron Temporary Rip Rap Fill Ur McDowell Cr Intermittent Both 2 30 Average (feet) (lir�rfeet) S6 S-3 rip rap apron Temporary Rip Rap Fill Ur McDowell Creek Perennial Both 6 36 Average (feet) (linearfeet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 31. Total temporary stream impacts: 92 100 31. Total stream and ditch impacts: 192 3j. Comments: All culverts will be buried belowthe level of the stream bed by 20 % of diameter. All rip rap will be set at an elevation level with the stream bed and will be covered with # 57 stone so that water will flowover rather than through. E. Impact Justification and Mitigation U 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: With the exception of three stream crossings necessary to provide access to all parts of the site by emergency vehicles, all other crossings of surface waters will be accomplished with bridges or boardwalks. All wetland impacts have been avoided With the exception of one 0.006 acre area that was necessary to accommodate grade in a narrow portion of the trail corridor between a perennial stream and property line. Impacts to floodplains Will be minimized. Trail has been flagged to avoid the removal of large trees. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Trail has been flagged to avoid the removal of large trees. All appropriate sediment and erosion control methods will be used. Work will be conducted in the dry. 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 2c. If yes, mitigation is required by (check all that apply): W DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank W Payment to in -lieu fee F Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) 92 (does not include ratios) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) .006 ac (does not include ratios) 4g. Coastal (tidal) wetland mitigation requested: (acres) 4h. Comments Impacts shown are actual impacts and do not include ratios. NCSAM and NCWAM forms are attached. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. r Yes r No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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: Is not within buffer watershed. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: Entire project consists of a 10 foot wide paved ashphalt greenway trail within a 35 acre forested common open space. The construction easement is limited to approArnately 30 foot average width. G. Supplementary Information u 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 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? * r Yes r No Comments:* An envornmental document is not required. 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 N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No 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 Si. 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? USFWS IPaC consultation. Consultation Documentation Upload IPaC_ Explore Location.pdf 433.71 KB IPaC Species determinations. pdf 153.09KB 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?* Does not occur in hatcheries, coastal waters, or trout waters. 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?* NCSHPO historic resources database search 7c. Historic or Prehistoric Information Upload NCSHPO map.pdf 340.17KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* F Yes f No 8b. If yes, explain how project meets FEMArequire ments: The project Will cross designated FEMA 100 year flood plain but will comply with local floodplain requirements. 8c. What source(s) did you use to make the floodplain determination?* Mecklenburg County Polaris 3G GIS FIRM Flood Map data Miscellaneous U Comments Additional items attached: PJD Report with photos and data/stream forms. Miscellaneous attachments not previously requested. Mecklenburg-McDowell-Danas Gwy PJD.pdf FEMA map.pdf Signature ® By checking the box and signing below, I certify that: 30.64MB 279.82KB • 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: Craig R. Wyant Signature R- wy'A� Date 2/9/2020 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director John DeKemper Town of Cornelius PO Box 399 Cornelius, NC 28031 NORTH CAROLINA Environmental Quality February 4, 2020 Expiration of Acceptance: 8/4/2020 Project: Town of Cornelius, McDowell Creek - Dana Greenway County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Catawba 03050101 Warm Stream 92 Catawba 03050101 Riparian Wetland 0.006 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Craig Wyant, agent Sincerely, sq4 Ja es. B Stanfill As et Management Supervisor n�vt of �rvxonreentsi D_! North Carolina Department of Environmental Quality I Division of Mitigation Services 217 w. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID: (See Below) STREET ADDRESS: McDowell Creek Greenway— Dana'sBranch 17735 Harbor Walk Drive (approximate - no structure) Easement within Tax Parcels 00541111, 00541105, 00511663, 00511103, 00511C96, 00524312 PROPERTY OWNER: Town of Cornelius, NC The undersigned, registered property owners of the above noted property, do hereby authorize Craig R. Wyant RLA/SWS of A Fine Line Design (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this jurisdictional verification, permit or certification and any and all standard and special conditions attached. By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Waters Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am the duly authorized owner of record of the property identified herein. PROPERTY OWNERS ADDRESS (if different than property above): Town of Cornelius 21445 Catawba Avenue P.O. Box 399 Cornelius, NC 28031 704.892.6031 ext. 164 jdekemper@cornelius.org PROPERTY OWNER CONTACT: John DeKemper We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. C-A<f:)� Agent Authorized Signature Date: January 29, 2019 Source: USGS 7.5 minute quad, Lake Norman South, NC Scale: 1”=1000’ Project Impacts LocationNORTH SAW-2019-00667 McDowell Greenway/Dana Town of Cornelius Mecklenburg County, NC McDo well Creek Catawba A v e n u e Westmo r e l a n d R o a d Interstate 77S-1 S-2 S-3 W-1 Source: USDA-NRCS Soil Survey Mecklenburg County, NC Sheets 1 & 2 (1980) Scale: 1”=1000’ USDA-NRCS Soil SurveyNORTH McDowell Greenway/Dana Town of Cornelius Mecklenburg County, NC Study Area Source: NC State Historic Preservation Office Online Database, NC Department of Cultural Resources, Division of Archives and History NCSHPO Location Map NORTH Not to Scale SAW-2019-00667 McDowell Greenway/Dana Town of Cornelius Mecklenburg County, NC Study Area Lat 35.4697 Long -80.8797 Source: Mecklenburg County Polaris 3G GIS FEMA Flood Map NORTH Not to Scale SAW-2019-00667 McDowell Greenway/Dana Town of Cornelius Mecklenburg County, NC McDowell Greenway Trail Lat 35.4697 Long -80.8797 (Center of Site) IPaC: Species determinations https://ecos.fws.gov/ipac/project/5KSKARNX5JDENOTP73RUBTBYU4/speciesDeterminations[2/5/2020 10:29:41 AM] LOCAL OFFICE ASHEVILLE ESFO Town of Cornelius McDowell Greenway Danas Branch Mecklenburg County, North Carolina PROJECT HOME REGULATORY REVIEW Regulatory review / Endangered species / Species determinations Species determinations For listed species not covered by determination keys, an impact analysis should be performed to reach a conclusion about how this project will impact the species. These conclusions will result in determinations for each species, which will be used in consultation with the U.S. Fish and Wildlife Service. Mammals Clams Flowering Plants NAME DETERMINATION Northern Long-eared Bat Myotis septentrionalis None NAME DETERMINATION Carolina Heelsplitter Lasmigona decorata CH None NAME DETERMINATION Michaux's Sumac Rhus michauxii None 1 U.S. Fish & Wildlife ServiceIPaCInformation for Planning and Consultation MY PROJECTS CRAIG WYANT IPaC: Species determinations https://ecos.fws.gov/ipac/project/5KSKARNX5JDENOTP73RUBTBYU4/speciesDeterminations[2/5/2020 10:29:41 AM] Critical habitats THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Schweinitz's Sunflower Helianthus schweinitzii None Smooth Coneflower Echinacea laevigata None ECOS ECOS Home About ECOS Contact Us POLICIES Accessibility Privacy Notices Disclaimer ABOUT About the US FWS USA.gov FOIA 2/5/2020 IPaC: Explore Location https://ecos.fws.gov/ipac/location/ESGCO7QHHJCJLHMZSKJ66CW43I/resources 1/11 IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly aected by activities in the project area. However, determining the likelihood and extent of eects a project may have on trust resources typically requires gathering additional site-specic (e.g., vegetation/species surveys) and project-specic (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS oce(s) with jurisdiction in the dened project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Mecklenburg County, North Carolina Local oce Asheville Ecological Services Field Oce  (828) 258-3939  (828) 258-5330 160 Zillicoa Street Asheville, NC 28801-1082 http://www.fws.gov/nc-es/es/countyfr.html U.S. Fish & Wildlife ServiceIPaC 2/5/2020 IPaC: Explore Location https://ecos.fws.gov/ipac/location/ESGCO7QHHJCJLHMZSKJ66CW43I/resources 2/11 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of inuence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly aected by activities in that area (e.g., placing a dam upstream of a sh population, even if that sh does not occur at the dam site, may indirectly impact the species by reducing or eliminating water ow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential eects to species, additional site-specic and project-specic information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local oce and a species list which fullls this requirement can only be obtained by requesting an ocial species list from either the Regulatory Review section in IPaC (see directions below) or from the local eld oce directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an ocial species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the sheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries ). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an oce of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially aected by activities in this location: Mammals 1 2 NAME STATUS 2/5/2020 IPaC: Explore Location https://ecos.fws.gov/ipac/location/ESGCO7QHHJCJLHMZSKJ66CW43I/resources 3/11 Clams Flowering Plants Critical habitats Potential eects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 Threatened NAME STATUS Carolina Heelsplitter Lasmigona decorata There is nal critical habitat for this species. Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/3534 Endangered NAME STATUS Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 Endangered Schweinitz's Sunower Helianthus schweinitzii No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3849 Endangered Smooth Coneower Echinacea laevigata No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3473 Endangered 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. 1 2 2/5/2020 IPaC: Explore Location https://ecos.fws.gov/ipac/location/ESGCO7QHHJCJLHMZSKJ66CW43I/resources 4/11 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 nd 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 o 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. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 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 NAME BREEDING SEASON (IF A BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH IS A VERY LIBERAL ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. "BREEDS ELSEWHERE" INDICATES THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) 2/5/2020 IPaC: Explore Location https://ecos.fws.gov/ipac/location/ESGCO7QHHJCJLHMZSKJ66CW43I/resources 5/11 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 eort (see below) can be used to establish a level of condence in the presence score. One can have higher condence in the presence score if the corresponding survey eort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 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 oshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Breeds Sep 1 to Jul 31 Blue-winged Warbler Vermivora pinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds May 1 to Jun 30 Eastern Whip-poor-will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 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 2/5/2020 IPaC: Explore Location https://ecos.fws.gov/ipac/location/ESGCO7QHHJCJLHMZSKJ66CW43I/resources 6/11  no data survey eort breeding season probability of presence 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. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. 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 Eort () 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. To see a bar's survey eort range, simply hover your mouse cursor over the bar. 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 o 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 (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 oshore areas from certain types of development or activities.) 2/5/2020 IPaC: Explore Location https://ecos.fws.gov/ipac/location/ESGCO7QHHJCJLHMZSKJ66CW43I/resources 7/11 Blue-winged Warbler BCC - BCR (This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA) Eastern Whip- poor-will BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Prairie Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Red-headed Woodpecker BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Rusty Blackbird BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Wood Thrush BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) 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 specied location? 2/5/2020 IPaC: Explore Location https://ecos.fws.gov/ipac/location/ESGCO7QHHJCJLHMZSKJ66CW43I/resources 8/11 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 ltered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identied 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 oshore 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 specied 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 specied. 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 Pacic 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 oshore areas from certain types of development or activities (e.g. oshore energy development or longline shing). Although it is important to try to avoid and minimize impacts to all birds, eorts 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 aected by oshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area o the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also oers data and information about other taxa besides birds that may be helpful to you in your project review. 2/5/2020 IPaC: Explore Location https://ecos.fws.gov/ipac/location/ESGCO7QHHJCJLHMZSKJ66CW43I/resources 9/11 Alternately, you may download the bird model results les 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 specied 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 eort (indicated by the black vertical bar) and for the existence of the “no data” indicator (a red horizontal bar). A high survey eort is the key component. If the survey eort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey eort 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 conrm 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 conrmed. 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. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. 2/5/2020 IPaC: Explore Location https://ecos.fws.gov/ipac/location/ESGCO7QHHJCJLHMZSKJ66CW43I/resources 10/11 Wetlands in the National Wetlands Inventory 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. This location overlaps the following wetlands: Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identied based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classication established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verication work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or eld work. There may be occasional dierences in polygon boundaries or classications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tubercid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may dene and describe wetlands in a dierent manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to dene the limits of proprietary jurisdiction of any Federal, state, or local government or to establish FRESHWATER EMERGENT WETLAND PEM1C FRESHWATER FORESTED/SHRUB WETLAND PFO1A RIVERINE R2UBHx A full description for each wetland code can be found at the National Wetlands Inventory website 2/5/2020 IPaC: Explore Location https://ecos.fws.gov/ipac/location/ESGCO7QHHJCJLHMZSKJ66CW43I/resources 11/11 the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specied agency regulatory programs and proprietary jurisdictions that may aect such activities.