20200688 Ver 1_401 Application_20200522

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
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?*
C Yes r No
Change only if needed.
BIMS # Assigned * Version#*
20200688 1
Is a payment required for this project?*
r No payment required What amout is owed?*
r Fee received r $240.00
r Fee needed - send electronic notification IT $570.00
Reviewing Office * Select Project Reviewer*
Mooresville Regional Office - [phone] Alan Johnson:eads\adjohnson1
Information for Initial Review
1a. Name of project:
Upper McDowell Creek Tributary Stream Restoration
1a. Who is the Primary Contact?*
Town of Cornelius (POC Tyler Beardsley)
1b. Primary Contact Email:*
[e-mail]
Date Submitted
5/22/2020
Nearest Body of Water
McDowell Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.470624-80.871835
A. Processing Information
County (or Counties) where the project is located
Mecklenburg
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1c. Primary Contact Phone:*
[phone]
V
1b. What type(s) of permit(s) do you wish to seek authorization?

W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
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
27 - Restoration
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F- 401 Water Quality Certification - E)press
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
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Multiple - NA
2b. Deed book and page no.:
2c. Responsible party:
Town of Cornelius
2d.Address
Street Address
21445 Catawba Avenue
Address Line 2
city
Cornelius
Postal / Zip Code
28031
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / Rovince / legion
NC
Country
USA
2f. Fax Number:
r- Yes r No
r Yes r No
3. Applicant Information (if different from owner)

3a. Name:
Town of Cornelius (POC Tyler Beardsley)
3b. Business Name:
3c.Address
Street Address
21445 Catawba Avenue
Address Line 2
(Sty
State / Province / Flegion
Cornelius
NC
Postal / Zip Code
Country
28031
USA
3d. Telephone Number:
3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Chris Tinklenberg, PWS
4b. Business Name:
Kimley-Horn
4c.Address
Street Address
200 South Tryon Street, Suite 200
Address Une 2
City
State / Province / Pegion
Charlotte
NC
Postal / Zip Code
Country
28202
USA
4d. Telephone Number:
4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
04_Agent Authorization_D00052120-05212020130314.pdf 30.34KB
C. Project Information and Prior Project History U
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality / town
Cornelius
2. Project Identification
2a. Property Identification Number:
2b. Property size:
64.6
2c. Project Address
Street Address
Highway 21 (south of Catawba Avenue) to north of J.V. Washam Elementary School
Address Line 2
(Sty
State / Province / fkgion
Cornelius
NC
Postal / Zip Code
Country
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:*
C
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 project corridor begins from Highway 21 (south of Catawba Avenue) to north of J.V. Washam Elementary School adjacent to McDowell Creek and two unnamed tributaries to
McDowell Creek. Existing land use on the site include undeveloped mixed hardwood/pine forests, McDowell Creek and three unnamed tributaries, as well as man-made pond. Existing
land use in the vicinity of the project includes single- family residential developments, mixed hardwood/pine forest, cleared utility easement, a greenvay, and two community parks.
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)
02_UpMcD_Fig2_USGS.pdf 1.23MB
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)
03_UpMcD_Fig3_Soils.pdf 4.09MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.24
4g. List the total estimated linear feet of all existing streams on the property:
4,533
4h. Explain the purpose of the proposed project:*
The purpose of the project is to conduct stream restoration along McDowell Creek and three unnamed tributaries to McDowell Creek by implementing natural channel design.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Stream restoration will utilize natural channel design techniques to address the instabilities within the stream channels. In -stream structures, including boulder sills, constructed riffles,
and step pools will be used to create grade control, provide in -stream habitat, enhance aquatic life passage through the project area and to help protect the banks. Overall, the design
seeks to stabilize the channels, reduce erosion, elevate the channel beds, improve in -stream habitat and geomorphology, alleviate residential flooding, and replace/protect the utilities.
The existing dam to OW1 will be breached, allowing the S1 to reform in the existing pond bed and restore OW1 to its previous stream form. It is anticipated that a back -hoe and/or mini
excavator will be used to shape the channels and construct the in -stream structures. Pumped diversions will be utilized for working in the dry to the greatest extents practicable;
however, some construction activities may require the contractor to temporarily work in the wet.
4j. Please upload project drawings for the proposed project.
05_2020-05-22_WILLOW POND STREAM PERMIT PLANS_.pdf 34.16MB
05_UpMcD_Figures_Complete.pdf 27.92MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Chris Tinklenberg
Agency/Consultant Company: Kimley-Horn
Other:
5d1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
r Yes f No
7b. If yes, explain.
The stream restoration project will occur in two phases.

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 projector related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
C Wetlands W Streams -tributaries r Buffers
r Open Waters r Pond Construction
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name*
�e;Stream Type *
3f. Type of
3gSwidth *
3h. Impact
❑
Jurisdiction*
length*
S1
Restoration/Stabilisation
Permanent
Other
S1 — UT to McDowell Creek
Perennial
Both
10
2,316
Average (feet)
(lir�rfeet)
S2
Installation of Impervious
P
Temporary
P Y
Other
S1 — UT to McDowell Creek
Perennial
Both
10
15
Dike and Pump Around
Average (feet)
(lines feet)
S3
Restoration/Stabilization
Permanent
Other
S2 — UT to McDowell Creek
Perennial
Both
13
696
Average (feet)
(linearfeet)
S4
Installation of Impervious
P
Tem ors
P rY
Other
S2 — UT to McDowell Creek
Perennial
Both
13
15
Dike and Pump Around
Average (feet)
(lin�rfeet)
S5
Restoration/Stabilization
Permanent
Other
S3 — UT to McDowell Creek
Perennial
Both
10
1,296
Average (feet)
(linearfeet)
S6
Installation of Impervious
P
Temporary
P Y
Other
S3 — UT to McDowell Creek
Perennial
Both
10
15
Dike and Pump Around
Average (feet)
(lin�rfeet)
��f
estoration/Stabilizatio
S4 — UT to McDowell Creek
Intermittent
Both
225
Average (feet)
(linearfeet)
S8
Installation of Impervious
P
Temporary
P Y
Other
S4 — UT to McDowell Creek
Intermittent
Both
5
15
Dike and Pump Around
Average (feet)
(lirearfeet)
31. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
4,533
3i. Total stream and ditch impacts:
984
3j. Comments:
3i. Total temporary stream impacts:
60
Impacts associated with the stream enhancement and restoration activities will be conducted, resulting in 4,533 linear feet of permanent, no -net loss of
potential non -wetland WoUS. The project will result in a total net gain of 642 If to waters of the US from implementing natural channel design
techniques to return the channels to their natural bed and stabilizing erosive banks. 60 If of temporary impacts are requested to work in the dry.
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:
All impacts are associated with stream restoration activities and will follow specific restoration protocols. The project Will result in a net gain of 642 If to
waters of the US from implementing natural channel design techniques to return the channels to their natural bed and stabilizing erosive banks.
Impacts to wetlands have been avoided Within the project corridor.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Several of the measures that will be implemented in order to minimize impacts include the utilization of a pumped diversion to facilitate work in the dry,
the use of temporary erosion control matting and planting of native vegetation for stabilization. The pumped diversion will be utilized for working in the
dry to the greatest extents practicable; however, some construction activities may require the contractor to temporarily work in the wet. All sediment
and erosion control and de -watering measures will be removed upon completion of construction and the temporary areas of disturbance will be
stabilized and restored to pre -construction contours.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
This project is a stream restoration project and does not require Compensatory Mitigation.
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:
This project does not include nor is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules.
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:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r. No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
This project is a stream restoration project and will not result in additional development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r No r NIA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
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 anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No

5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A review of North Carolina Natural Heritage Program Database on July 17, 2018 did not indicate any Endangered Species or Designated Critical
Habitat within project boundary. Pedestrian surveys were performed by Kimley-Horn staff on October 17, 2018. No endangered species were identified
during the survey.
Consultation Documentation Upload
12_Willow USFWS.pdf 679.28KB
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?*
North Carolina Natural Heritage Program Database
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?*
A review of the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS Service database did not indicate any cultural or historic
resources within the project boundary. Additionally, a response received from North Carolina Department of Natural and Cultural Resources on August
16, 2018 states that no historic resources would be affected by the project.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
A flood impact analysis report, no -rise certification, and individual floodplain development permit will be submitted to Mecklenburg County for review
and approval prior to construction/restoration activities. The results of the flood impact analysis show that there is no net increase in base flood
elevations.
8c. What source(s) did you use to make the floodplain determination?*
FIRM Panel 4643 (Effective September 2, 2015); Flood Risk Information System (FRIS)
Miscellaneous
Comments
Please find attached the complete PCN PDF, as well as the JD Application PDF.
Miscellaneous attachments not previously requested.
00_Cornelius _PCN_JD_Co mp lete_Opti mized. pdf
Signature
jJ By checking the box and signing below, I certify that:
43.78MB
• 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:
Chris Tinklenberg
Signature
a*W 1/�
Date
5/22/2020
u

AGENT AUTHORIZATION
FORM
Address: &who- t AUe eo vine (A Cl k c nD3 (
Phone: 79t(^ 812 - (63
Email:
Project Name/Description: Upper McDowell Creek Tributary Stream Restoration
Date: � 121 4m,0
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: Mr. David Shaeffer
Field Office: Asheville Regulatory Field Office
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
Tt IJ tV Tow I Wit ; &(,htglby designates and authorizes Kimley-Hom and Associates,
Inc. to act in m /o r behalf as my/our agent solely for the purpose of processing Jurisdictional
Determinations, Section 404 permits/Section 401 Water Quality Certifications applications and
to furnish upon request supplemental information in support of applications, etc. from this day
forward until successful completion of the permitting process or revocation by the owner.
In addition, I, the undersigned, a duly authorized owner of record of the property/properties
identified herein, do 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 and issuing a determination associated with Waters of the U.S. subject to
Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers
and Harbors Act of 1899.
Authorized this the day of M" O Lv
Print Propel Owner's Name ropeRy Owner gnature
Cc: Karen Higgins
NC Division of Water
Resources 401 & Buffer
Permitting Unit 1650
Mail Service Center
Raleigh, NC 27699-
1650

±
0 1,000 2,000Feet
Figure 2: USGS Topo (Cornelius; Lake Norman South)Upper M cDowell Creek Tributary Stream R estorationCornelius, Mecklenburg County, NC
Le ge nd
Pro ject Boundary
WillowLeafLnWestmorela nd LakeDr Squire'sWay
LakePinesDrWasham StVivianLn
Rosalyn GlenRd
Harbor Walk DrRuffner DrOneNormanBlvdMeridian StC o a c hman's Trce
John Hawks RdPine St
AftonshireDrCatawbaAve
SchoolStKnox RdSeftonParkRd
OakbranchLnValiant WayCenter StM agnoliaEstates
Dr SmithvilleLnChurch StFloralLnD anesw ay LnBon Meade Ln
C a d m a n CtWillowPondRdHamiltonRidgeAlyDutchIrisLn
ConistanPl
Lake
EdgeDrS Hill StSmit
hCr
kE
mp
o
ri
a
StFeribaPlLiverpool PkwyNShoreCrk
R
e
ni
ckDrJe t t o n Rd
HeartlandSt
Treeto p Ln
BoatH o us e C tAcademy St
Do e V a lle y Ct SFerryStPineRidgeDrNI-77RampNBC
h
artwellCent er Dr
O a kLeafCrkChandlersLandingDrOneNorma
n
Blv dWasham Potts RdW C a ta w b a A v e
W e s tm o re la n d R d SI-77ServiceRd£¤21§¨¦77
VaB
EnD
CuB
HeB
HuB
CeB2
CeB2
CeB2
CeD2
CeD2
ApB
ApB
CeB2
CeB2
CeB2
CeB2
EnD
EnD
CuB
CuB
HeB
HeB
EnD
EnD
W
W
W
MO
MO
CeD2
CeD2
CeD2
0 900 1,800Feet
Figure 3: SSU RGO Soils and NWIUpper M cDowell Creek Tributary Stream R estorationCornelius, Mecklenburg County, NC
Le ge nd
Project B oundary
NWI
SSU RGO S oilsHydric Ra ting
Not Hydric (0%)
Hydric (1 to 32%)
±
Ferib
a
Pl Railroad StD e e r V a lle y D rPine St
Squire'sW ayLakePinesDrWill
o
wLeaf
LnRuffner Dr
H ic k o ry S tWestmorelandLak e Dr Danesw ayLnHarborWalkDr Church StTheCommonsBlvdDenae Lynn DrGlenashleyDrOneNormanBlvdMeridian StJohnHawksRdAftonshireDrCatawba Ave
School StCadman C tKnox RdCoachman's TrceGlenmeadeRdOak
branchLnNautique
B
lvd
JettonR d
Center StSmithville LnZi
onAv
eO
akS
t
FloralLnBonMeade Ln
Cha ndlersLandingDrEdinburghSquareDrKanawhaDrConistanPlWillowPondRd
T
r
y
onStS Hill StHeartlandStSmith CrkLiverpoolPkwyBethelCh
ur
chRd
PoconoLnMulberryStTownwoodDrS Ferry StPineRidgeDrOa k L eafCrkHendersonRdMagnolia Estates DrB
alboa
Dr
WashamPottsRdW C a ta w b a A v e
SI-77ServiceRdW e s tm o re la n d R d
£¤21§¨¦77
§¨¦77
Figure 1Vicinity MapUpper M cDowell Creek Tributary Stream R estorationCornelius, Mecklenburg County, NC
MecklenburgCounty
0 0.25 0.5Miles
Legend
Project Boundary
Streams
Town of Cornelius
Mecklenburg County
±
±
0 1,000 2,000Feet
Figure 2: USGS Topo (Cornelius; Lake Norman South)Upper M cDowell Creek Tributary Stream R estorationCornelius, Mecklenburg County, NC
Le ge nd
Pro ject Boundary
WillowLeafLnWestmorela nd LakeDr Squire'sWay
LakePinesDrWasham StVivianLn
Rosalyn GlenRd
Harbor Walk DrRuffner DrOneNormanBlvdMeridian StC o a c hman's Trce
John Hawks RdPine St
AftonshireDrCatawbaAve
SchoolStKnox RdSeftonParkRd
OakbranchLnValiant WayCenter StM agnoliaEstates
Dr SmithvilleLnChurch StFloralLnD anesw ay LnBon Meade Ln
C a d m a n CtWillowPondRdHamiltonRidgeAlyDutchIrisLn
ConistanPl
Lake
EdgeDrS Hill StSmit
hCr
kE
mp
o
ri
a
StFeribaPlLiverpool PkwyNShoreCrk
R
e
ni
ckDrJe t t o n Rd
HeartlandSt
Treeto p Ln
BoatH o us e C tAcademy St
Do e V a lle y Ct SFerryStPineRidgeDrNI-77RampNBC
h
artwellCent er Dr
O a kLeafCrkChandlersLandingDrOneNorma
n
Blv dWasham Potts RdW C a ta w b a A v e
W e s tm o re la n d R d SI-77ServiceRd£¤21§¨¦77
VaB
EnD
CuB
HeB
HuB
CeB2
CeB2
CeB2
CeD2
CeD2
ApB
ApB
CeB2
CeB2
CeB2
CeB2
EnD
EnD
CuB
CuB
HeB
HeB
EnD
EnD
W
W
W
MO
MO
CeD2
CeD2
CeD2
0 900 1,800Feet
Figure 3: SSU RGO Soils and NWIUpper M cDowell Creek Tributary Stream R estorationCornelius, Mecklenburg County, NC
Le ge nd
Project B oundary
NWI
SSU RGO S oilsHydric Ra ting
Not Hydric (0%)
Hydric (1 to 32%)
±
Matchline Feriba PlBeard StHeartland St
Pine St
Catawba Ave
Squire'sWayValiant WayRosalyn GlenRd
ConistanPl
LakePinesDrRuffner Dr
VivianLn
HarborWalkDrMagnolia
EstatesDrDanesw ayLnOneNormanBlvdMeridian StJohn Hawks RdWasham StAftonshireDrC a d m a n CtSchoolSt V i ctoriaBlakeDrMeadowCrossingLnSeftonParkRd
OakbranchLn Center StSmithvilleLnC o a c hman's TrceFloralLnBonMeadeLnWillowPondRd
HamiltonRidg eAlyDut c hIris L n Church StLake
EdgeDrS Hill StKnox RdSmi
t
hCr
kEmp
o
ri
a
S
t
Liverpool PkwyNShoreCrk
R
e
ni
ckDrTreeto p Ln
BoatH o us e C tAcademy St
D o e V a lle y Ct
T ow nw ood D rS Ferry StPineRidgeDrNI-77RampNBC
h
artwellCent er Dr
O a kLeafCrkWill
o
wL
e
a
f
LnW e s tm o re la n d R d Washam Potts RdW C a ta w b a A v e
SI-77ServiceRd£¤21§¨¦77
0 900 1,800Feet
Figure 4: Preliminary JD Field SketchUpper M cDowell Creek Tributary Stream R estorationCornelius, Mecklenburg County, NC
Legend
Project BoundaryPotential Non-Wetland WoUS (Streams)Potential Wetland WoUSOpen Water
±
_!_!_!_!_!_!_!_!Matchline
OW1
Vivian Ln
CatawbaAve
C
arter
Crk
Meridian StSchool StSmithville LnBeard StFloralLnDaneswayLnBon Meade Ln
Millard StWillowPondRdS Hill StWasham StSmit
h Cr
k
LacebarkDrConistanPl
Chart well Cent er Dr
Academy StS Ferry StPineRidgeDrNI-77RampNBOakLeafCrkW C a t a w b a A v e
SI-77ServiceRd£¤21
§¨¦77
S1S
1
5
67
8
9
10
0 300 600Feet
Figure 4a: Preliminary JD Field SketchUpper M cDowell Creek Tributary Stream R estorationCornelius, Mecklenburg County, NC
Legend
Pro je ct Bou ndary
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Legend
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Legend
Project Boun daryProposed Stream Alignment
±
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Legend
Project Boun dary
Prop osed Stream Alignment
Wetlan d
±
Stream 2 - Permanent Impact 3Restoration/Stabilization696 linear feet
Stream 2 - Temporary Impact 4Installation of Impervious Dike and Pump Around15 linear feet
Stream 3 - Permanent Impact 5Restoration/Stabilization1,296 linear feet
Stream 3 - Temporary Impact 6Installation of Impervious Dike and Pump Around15 linear feet
Stream 4 - Permanent Impact 7Restoration/Stabilization225 linear feet
Stream 4 - Temporary Impact 8Installation of Impervious Dike and Pump Around15 linear feet
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.gov/nc-es/es/countyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2018-SLI-0586
Event Code: 04EN1000-2018-E-01573
Project Name: Willow Pond GW

Subject:List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc_counties.html. The AFO website list includes “species of concern” species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmls/project_review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant_survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html
July 17, 2018
07/17/2018 Event Code: 04EN1000-2018-E-01573   2

New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may be
requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmls/project_review/assessment_guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
07/17/2018 Event Code: 04EN1000-2018-E-01573   3

www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;
http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/
towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
▪Official Species List
▪Migratory Birds
▪Wetlands
07/17/2018 Event Code: 04EN1000-2018-E-01573   1

Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]
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Project Summary
Consultation Code:04EN1000-2018-SLI-0586
Event Code:04EN1000-2018-E-01573
Project Name:Willow Pond GW
Project Type:RECREATION CONSTRUCTION / MAINTENANCE
Project Description:Greenway project
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.47341725925942N80.87304621995361W
Counties:Mecklenburg, NC
07/17/2018 Event Code: 04EN1000-2018-E-01573   3

Endangered Species Act Species
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Threatened
Clams
NAME STATUS
Carolina Heelsplitter Lasmigona decorata
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/3534
Endangered
1
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Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Endangered
Schweinitz's Sunflower Helianthus schweinitzii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3849
Endangered
Smooth Coneflower Echinacea laevigata
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3473
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
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Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act .
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1.The Migratory Birds Treaty Act of 1918.
2.The Bald and Golden Eagle Protection Act of 1940.
3.50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https://ecos.fws.gov/ecp/species/1626
Breeds Sep 1 to
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
1
2
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NAME
BREEDING
SEASON
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
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ “Proper Interpretation and Use of Your Migratory Bird Report” before using or attempting
to interpret this report.
Probability of Presence ()
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1.The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2.To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
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probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3.The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season ()
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort ()
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data ()
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non-BCC Vulnerable
Blue-winged
Warbler
BCC - BCR
Eastern Whip-poor-
will
BCC Rangewide (CON)
Prairie Warbler
BCC Rangewide (CON)
Red-headed
Woodpecker
BCC Rangewide (CON)
Rusty Blackbird
BCC Rangewide (CON)
Wood Thrush
BCC Rangewide (CON)
no data survey effort breeding season probability of presence
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Additional information can be found using the following links:
▪Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
▪Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance/
conservation-measures.php
▪Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/
management/nationwidestandardconservationmeasures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the E-bird Explore Data Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
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The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1."BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2."BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3."Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non-eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
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Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ “What does IPaC
use to generate the migratory birds potentially occurring in my specified location”. Please be
aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the “no
data” indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ “Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds” at the bottom of your migratory bird trust resources page.
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Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
FRESHWATER FORESTED/SHRUB WETLAND
▪PFO1A
FRESHWATER POND
▪PUBHh
RIVERINE
▪R2UBHx
▪R4SBC