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
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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 a ected by activities in the project area. However, determining the likelihood
and extent of e ects a project may have on trust resources typically requires gathering additional
site-speci c (e.g., vegetation/species surveys) and project-speci c (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
o ce(s) with jurisdiction in the de ned 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 o ce
Asheville Ecological Services Field O ce
(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 in uence (AOI) for species are also considered. An AOI includes areas outside of
the species range if the species could be indirectly a ected 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 e ects to species, additional site-speci c and
project-speci c 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 o ce and a species list which ful lls this requirement can
only be obtained by requesting an o cial species list from either the Regulatory Review section in
IPaC (see directions below) or from the local eld o ce directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website
and request an o cial 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 o ce of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following species are potentially a ected by activities in this location:
Mammals
1
2
NAME STATUS
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Clams
Flowering Plants
Critical habitats
Potential e ects 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 Sun ower Helianthus schweinitzii
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3849
Endangered
Smooth Cone ower 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.
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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.)
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Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ
“Proper Interpretation and Use of Your Migratory Bird Report” before using or attempting to
interpret this report.
Probability of Presence ()
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week months.)
A taller bar indicates a higher probability of species presence. The survey e ort (see below) can be
used to establish a level of con dence in the presence score. One can have higher con dence in the
presence score if the corresponding survey e ort 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 o shore 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
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no data survey e ort 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 E ort ()
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 e ort 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
o shore areas from
certain types of
development or
activities.)
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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 speci ed location?
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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 identi ed 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 o shore
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 speci ed 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 speci ed. 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 Paci c 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 o shore areas from
certain types of development or activities (e.g. o shore energy development or longline shing).
Although it is important to try to avoid and minimize impacts to all birds, e orts 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 a ected by o shore 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 o ers data and information about other taxa besides birds that may be helpful to you in your project review.
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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 speci ed 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 e ort (indicated by the black vertical bar) and for the existence of the “no data” indicator (a
red horizontal bar). A high survey e ort is the key component. If the survey e ort is high, then the probability of
presence score can be viewed as more dependable. In contrast, a low survey e ort 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
con rm 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 con rmed. 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.
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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 identi ed 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 classi cation 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 veri cation 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 di erences in polygon boundaries or classi cations 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 tuber cid 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 de ne and describe wetlands in a
di erent manner than that used in this inventory. There is no attempt, in either the design or products of this
inventory, to de ne 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
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the geographical scope of the regulatory programs of government agencies. Persons intending to engage in
activities involving modi cations within or adjacent to wetland areas should seek the advice of appropriate federal,
state, or local agencies concerning speci ed agency regulatory programs and proprietary jurisdictions that may
a ect such activities.