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HomeMy WebLinkAbout20200990 Ver 1_401 Application_20200731DWR 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 20200990 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Nboresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: PING Prospect Church (Airport) Road Replacement 1a. Who is the Primary Contact?* Randy Webb, Piedmont Natural Gas, Operations Supevisor - New Construction 1b. Primary Contact Email:* Randy.Webb2@duke-energy.com Date Submitted 7/31/2020 Nearest Body of Water Nbuntain Creek, Little Long Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 35.404414 A. Processing Information County (or Counties) where the project is located: Stanly Is this a NCDMS Project r Yes r No Longitude: -80.194069 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) Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (910)419-7215 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 12 - Utility Lines 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? W Owner r 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: Piedmont Natural Gas 2b. Deed book and page no.: Multiple, see attached property information 2c. Responsible party: Randy Webb, Operations Supervisor - New Construction 2d.Address Street Address Piedmont Natural Gas Company Inc. Address tine 2 5601 Cannon Drive city Monroe Postal / Zip Code 28110 2e. Telephone Number: (910)419-7215 2g. Email Address:* Randy.Webb2@duke-energy.com Slate / Ftovince / legion North Carolina Country USA 2f. Fax Number: r Yes r No r Yes r No 4. Agent/Consultant (if applicable) 4a. Name: Dan Zurlo 4b. Business Name: WK Dickson 4c.Address Street Address 1213 W Morehead St Address Line 2 Ste 300 City Charlotte Postal / Zip Code 28208 4d. Telephone Number: (704)227-3416 4f. Email Address:* dzurlo@wkdickson.com Agent Authorization Letter* Signed AA form.pdf C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (ff appropriate) 1c. Nearest municipality/ town: Albemarle project Identification 2a. Property Identification Number: Multiple, see attached property info 2c. Project Address Street Address 38400-40237 Airport Rd Address Line 2 City Albemarle Postal / Zip Cate 28001 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Mountain Creek, Little Long Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401040201,030401050401 4. Project Description and History Slate / Prmince / Fbgim North Carolina Country USA 4e. Fax Number: 2b. Property size: 17.5 State / Province / Fagion North Carolina Country USA 30.96KB 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The project site is in the Charlotte Belt of the Piedmont physiographic province and dominated by gently rolling topography. Relief is low with elevations ranging from about 520 on the Little Long Creek floodplain to about 610 along the interfluves. The majority of the pipeline will follow the maintained right-of-way along Prospect Church/Airport Road. Land cover adjacent to the road is predominantly forest with residences on large lots along Prospect Church/Airport Road. The woods are generally comprised of pine and hardwood stands. Invasive/exotic species (e.g. privet, multiflora rose) are common close to the road. Prospect Church and associated facilities are near Little Long Creek at the west end of the project. U 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) USGSred.pdf 343.85KB 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) soilsred.pdf 544.17KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.099 ac. 4g. List the total estimated linear feet of all existing streams on the property: 86 If 4h. Explain the purpose of the proposed project:* The purpose of the project is install a new, upgraded natural gas pipeline distribution network. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The Piedmont Natural Gas (PING) Prospect Church Road Replacement project is necessary to strengthen the ebsting natural gas distribution system to maintain service requirements in the area. The project alignment includes unavoidable crossings of jurisdictional streams and nontidal wetlands. Installation of the new gas pipeline will primarily be by open cut trenching but will utilize directional drilling for some crossings of regulated resources when that method is not cost -prohibitive. All stream crossing impacts will temporary (S1-S4; 86 If) and crossing areas will be stabilized (see attached Plan Set). Permanent wetland impacts total 0.048 ac. (W1, W3, W5) resulting from the conversion of forested wetland to herbaceous wetland in permanent easements. Temporary wetland impacts total 0.047 ac. (W2, W4, W6) and occur in the temporary easements. Those areas will be allowed to reforest naturally. Most of the work will require track hoes and other traditional earth moving equipment to implement open -cut trenching techniques, resulting in unavoidable temporary impacts to jurisdictional streams and nontidal wetlands. The permanent PING easement will be ten (10) feet wide. The temporary construction easements will generally be an additional fifteen (15) feet wide, but are narrowed, where possible, at stream crossings to reduce temporary impacts. 4j. Please upload project drawings for the proposed project. 2020 0728 - FINAL PNG Prospect Church Road_Jurisdictional Waters Impact Plan-1 red.pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No 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: We are requesting a preliminary JD for on -site waters. 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Michael Ellison Agency/Consultant Company: WK Dickson Other: 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* f Yes r No 5.34MB r Unknown 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): I7 Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a. Site #°'(?) 2a1 Reason (?) 2b. Impact type"(?) 2c. Type of W. 2d. W. name 2e. Forested 2f. Type of 2g. Impact Jurisdicition*(?) area* W1 open cut P Bottomland Hardwood Forest Wetland 4 Yes Both 0.018 trench/permanent (acres) maintenance W2 temporary clearing T Bottomland Hardwood Forest Wetland 4 Yes Both 0.018 (acres) W3 open cut P Bottomland Hardwood Forest Wetland 5 Yes Both 0.014 trench/permanent (acres) maintenance W4 temporary clearing T Bottomland Hardwood Forest Wetland 5 Yes Both 0.014 (acres) W5 open cut P Bottomland Hardwood Forest Wetland 3 Yes Both 0.016 trench/permanent (acres) maintenance W6 temporary clearing T Bottomland Hardwood Forest Wetland 3 Yes Both 0.015 (acres) 2g. Total Temporary Wetland Impact 0.047 2g. Total Wetland Impact 0.095 2h. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.048 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type* of 3gSwidth * 3h. Impact(?) ❑ [3f.Type urisdiction* length* g� permanent easemenUopen tr Temporary Bank Stabilization J Little Long Creek Perennial Both 15 21 Average (feet) (linearfeet) g2 permanent easemenUopen tr Temporary Bank Stabilization J 1J1-2 to Little Long Creek Perennial Both 15 25 Average (feet) (linearfeet) S3 permanent easemenUopen tr Temporary Bank Stabilization J UT1 to Mountain Creek Intermittent Both 3 20 Average (feet) (linearfeet) H permanent easement/open en tr P P remporaryBank Stabilization J llT3 to Mountain Creek ]Perennial Both 8 20 Average (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 3i. Total stream and ditch impacts: 86 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 31. Total temporary stream impacts: 86 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: 6 All stream impacts are temporary, and stream crossings will be stabilized via natural stream stabilization techniques. Permanent wetland impacts are limited to 0.047 ac., which is well below the mitigation threshold of 0.1 ac. A fifteen (15) foot buffer around all on -site streams and wetlands was incorporated into the design to minimize any indirect impacts. As a result these changes were made to the design: Area 1: Revised temporary workspace to provide a 15' buffer around stream bank that would not need to be impacted. • Area 2: Revised temporary workspace to provide a 15' buffer around stream banks that would not need to be impacted, narrowed the easements within the stream/buffer limits to smallest practical width for installation. • Area 3: Revised temporary workspace to provide a 15' buffer around stream banks that would not need to be impacted, narrowed the easements within the stream/buffer limits to smallest practical width for installation. • Area 4: Revised temporary workspace to provide a 15' buffer around wetland boundaries that would not need to be impacted, moved all temporary workspace to north side of wetland to eliminate impacts. • Area 5: Revised temporary workspace to provide a 15' buffer around wetland boundaries that would not need to be impacted, designed a horizontal directional drill that would eliminate typical trenching disturbance, revised temporary workspace to be outside of all wetland/stream boundaries. • Area 6: Revised temporary workspace to provide a 15' non -disturbed buffer around wetland boundaries that would not need to be impacted, revised pipe centerline and moved all temporary workspace to south side of wetland to eliminate impacts. • Area 7: Revised temporary workspace to provide a 15' buffer around stream banks that would not need to be impacted, narrowed the easements within the stream/buffer limits to smallest practical width for installation. • Area 8: Moved temporary staging area for railroad jack and bore outside of wetland buffer, revised pipe centerline to minimize wetland impacts, narrowed the easements within the wetland/buffer limits to smallest practical width for installation. • Area 9: Revised pipe centerline and moved it south to avoid impacts to proposed 15' stream buffer. Area 10: Revised pipe centerline on east side of wetland to minimize impacts, narrowed the easements within the stream/wetland/buffer limits to smallest practical width for installation. • Area 11 — Alignment was revised to provide a 15' non -disturbed buffer where possible. Temporary workspace was minimized within the wetland itself to reduce total amount of impact. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Best management practices will be implemented during and after all construction to minimize sediment and erosion impacts. These practices include seeding With native riparian seed and mulching disturbed areas at the end of each workday according to the plans. Stream banks that are cleared of vegetation at the road and pipeline crossing will be stabilized using bioengineering techniques and/ or the planting of deep-rooted native species. Silt fence and sediment tubes will be used throughout the site. Disturbed areas and ditches will be stabilized, seeded, and mulched at the end of every workday. At Stream Crossing No. 1 and No. 2, silt fence, sediment tubes, erosion control blankets and turf reinforcement mats will be used to control sediment and erosion and to temporarily stabilize the area before it is permanently stabilized. 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: Total permanent wetland and stream impacts do not exceed the USACE mitigation thresholds of 0.1 ac and 150-If for NWP 12. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. 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 is not adjacent to a protected Riparian Buffer. 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 15ANCAC 02H .1003(2)? r Yes r No Comments: This project is a proposed natural gas pipeline that proposes no new impervious surface. Therefore it is not subject 401 stormwater unit requirements. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 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. The proposed project is a natural gas pipeline replacement and will serve existing homes and churches. No known additional development is anticipated as a result of the project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r- Yes r Nor WA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r- Yes r No 5d. Is another Federal agency involved?* r- Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-87 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 5i. 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? No designated critical habitat exists on -site; see attached USFWS species list. No known NLEB hibernacula or maternity roosts exist on -site, as per the USFWS Asheville Office. https://www.N&.gov/asheville/htmis/project_review/NLEB_in_WNC.html. No schweiniVs sunflower habitat will be disturbed as only forest areas will be disturbed. Consultation Documentation Upload Species FWS Asheville Ecological Services Field Office.pdf 244.2KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r- Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper https://www.habitat.noaa.gov/application/efhmapper/indexhtml 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?* State Historic Preservation Office Historic Properties Map. No historic register listed places occur on or near the site. 7c. Historic or Prehistoric Information Upload 2020-4-23_NC Historic Preservation Map.pdf 685.2KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r- No 8b. If yes, explain how project meets FEMA requirements: Portions of this project will occur in the 100-year floodplain, however no fill is proposed within those areas. 8c. What source(s) did you use to make the floodplain determination?* FEMA firm panel hftps://msc.fema.gov/portal/search#searGhresultsanchor Miscellaneous U Comments Miscellaneous attachments not previously requested. location mapred. pdf 281.15KB PING Prospect Church Road Land Acquistion Table.pdf 69.76KB WOTUSred.pdf 412.59KB ORM_Upload_Sheet_ Consolidated_NWPR_20200626.pdf 14.57KB Photopage.pdf 2.51 MB Combined Dataforms.pdf 534.6KB Signature U ® By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Daniel Zurlo Signature Date 7/31/2020 Waters_Name State Little Long Creek NORTH CAROLINA UT2 Little Long Creek NORTH CAROLINA UT1 Mountain Creek NORTH CAROLINA UT2 Mountain Creek NORTH CAROLINA Wetland 1 NORTH CAROLINA Wetland 2 NORTH CAROLINA Wetland 3 NORTH CAROLINA Wetland 4 NORTH CAROLINA Wetland 5 NORTH CAROLINA Cowardin_Code HGM_Code Meas_Type Amount Units R3 RIVERINE Linear 21 FOOT R3 RIVERINE Linear 25 FOOT R3 RIVERINE Linear 21 FOOT R3 RIVERINE Linear 20 FOOT PFO SLOPE Area 0.17 ACRE PFO SLOPE Area 0.006 ACRE PFO SLOPE Area 0.03 ACRE PFO SLOPE Area 0.037 ACRE PFO RIVERINE Area 0.03 ACRE Waters_Type NWPR_Determine_Code Latitude PJD404 PJD404 PJD404 PJD404 PJD404 PJD404 PJD404 PJD404 PJD404 Longitude Local_Waterway AGENT AUTHORIZATION FORM Property Owner: Piedmont Natural Gas Company, Inc. The undersigned, registered property easement owners (see attached property documentation), do hereby authorize Daniel Zurlo , of W.K. Dickson & Co., Inc. (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property EASEMENT Owner's Address (if different than property above): 5601 Cannon Drive, Monroe, NC 28110 Telephone: (910) 419-7215 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. -"A/ Au orized ignature Authorized Signature Date:-7 ;) % - a oao Date: Figure 2. USGS Topographic Quad Albemarle, Stanly County, North Carolina 1:24,000 0 2,0001,000 Feet µProspect Church Rd - PNG USGS 24K Topograpic Quadrangle: New London, NC (2017) Legend LOD 0 TbB TbB KkB TdB Ud BaD CfATbB GoC MhB KkB MhB BaD BaD BbB EcB GoC OaA TbB BaF EcB GoC BaF BaB EcD GoC EcB MhB BaD KkB KkB MhB MhB GoC BaD TdB BaB BaF BaD TbD EcB BaB EcB KkB BaB BaD EcD BaD MhB EcB BaB GoC MhBBaB EcD BbD BaF BaB BaD TbD GoC TcB2 KkB MhB BaD TcD2 TbB TbB GoC GoF BaD TbD BaD MhB MhB TcB2 TdB TbD BaB BaD LgD MhB TbD EcB BaF EcD GmF EcD BaD GoC TbD BbD TbB TdB BaF BaB BaB W TbB BbD TbB Ur GoC GoC BaD BaB TbB BaB BaB TdB BbB BaB BbD TbB GoC GmF LgB TbB KkB BbB W BaD TbD TbB TbB Ud BaB GoC BaB W GoC TdB BaB BaB MhB TdB GmC EcD EcB BaB BaB GoF BaB Ud GoC GoC BaB KkB OaA GoC OaA GoC BaD KkB KkB GoF GoC GoC OaA BaB BbD BaD BaD TbB BaD BaD GoC KkB BaD BaFBaDBaD BaD TbB BbD BaD BaB TbB BbD BaF GoC KkB KkB BaB GoC GoC BaD BbD BaB TbB EcD GmC BaBTbB MhB TbD MhB BbD BbD TbB TbB BaB BaB TdB TbB KkB GoC BaF TbB EcD BaD GoC BaB TbD BaB BaF BaD KkB BaD KkB MhB KkB BbDTbD BaD BaB GoC BaD TbB BaD BaB TcD2 MhB TcB2 BaD BaB W KkB TbB BaBTbB TbB TbB BbB BaB BaD BaD MhB BaB GoC W MhB BaB KkB BaB GoC KkB W OaA TbB BaB BaB EcD EcD EcB GoF BaD GoC BaB GoC TbB BaB BaB WKkB MhB KkB BaB GoC BaB BaB BaF OaA TbB GoC BaB GoF TbB TbB KkB GoF GmC BaB EcB TbB BaB BaD BaB BaB BaD BaD BaB GoC GoC BaB TbB BaB GoC BaB GoC GoC GoCKkB BaD BaB MhB W BbD BaD TdB BbD GoC W BbD BaB BaB W W GoC BaB BaB BaB TbBW BaB EcD BaB BaB BaB W OaA BaB GoC TbD GoC GoF TbB GoF BaD BaB KkB BaD GoC BbB GoC BaB EcDBaD BaD GoC BaD BaB W W GoC BbB MhB MhB W EcB W BaD W W MhB GoC W BaB W BaD W W W W W BaB BaB BaD BaF BaD GoF GoF BbD GoF GoF Figure 3. USDA-NRCS Soil Survey of Stanly County Albemarle, Stanly County, North Carolina 1:24,000 0 2,0001,000 Feet µProspect Church Rd - PNG Legend LOD 0 Hydric (Y/N) Coverage (%)BaB Badin channery silt loam, 2 to 8 percent slopes 0.6 3.3BaDBadin channery silt loam, 8 to 15 percent slopes 1 5.9BaFBadin channery silt loam, 15 to 45 percent slopes 0.5 2.8BbDBadin-Urban land complex, 8 to 25 percent slopes 0.5 2.8CfAChenneby silt loam, 0 to 2 percent slopes, frequently flooded 0.3 2GoCGoldston very channery silt loam, 4 to 15 percent slopes 0.9 5.2KkBKirksey silt loam, 0 to 6 percent slopes 1.3 7.2MhBMisenheimer channery silt loam, 0 to 4 percent slopes 6.8 38.6OaAOakboro silt loam, 0 to 2 percent slopes, frequently flooded 0.5 2.8TbBTarrus channery silt loam, 2 to 8 percent slopes 2.6 15TbDTarrus channery silt loam, 8 to 15 percent slopes 1.1 6.3TcB2Tarrus channery silty clay loam, 2 to 8 percent slopes, moderately eroded 0.2 1TcD2Tarrus channery silty clay loam, 8 to 15 percent slopes, moderately eroded 0.1 0.3TdBTarrus-Urban land complex, 2 to 8 percent slopes 1.2 7100 Map Unit Name and Description Totals for Area of Interest: ¯ ST0262 ST0243 ST0258ST0217 ST0242 ST0202 ST019 5 ST0253 ST0203 PNG Prospect Church (Airport Road) Replacement ProjectStanly County, North Carolina µ0 1,000 2,000Feet1 in = 2,000 ft Legen d Proposed Project Area Historic R esourc es Surve ye d O nly NC Historic Preservation Map Si te ID Si te NameST0253Prospect Bapti st ChurchST0203Claremont SchoolST0217Hall HomesteadST0242Palestine CrossroadsST0258Russell’s GroceryST0243Palestine Me thodist Church Figure 1. Project Location Albemarle, Stanly County, North Carolina 1:60,000 0 5,0002,500 Feet µProspect Church Rd - PNG North Carolina Stanly County Project Location Legend LOD 0 RLNG TRACT STATUS REPORT7/27/2020Tract No. Parcel ID Owner DB/PG Owner Name AddressRecorded Easement Deed BK / PG002 664003235102 1035/382Mary M. Eudy & Hugh S. Eudy1718 Progress Ln., Charlotte, NC 28205 1681/1132003 664003238054 1040/485Hugh Sidney Eudy & Hugh Sidney Eudy Family Trust1718 Progress Ln., Charlotte, NC 28205 1681/1135004 664003333088 983/478Anita H. Morton C/O Anita T. Honeycutt208 Prospect Church Rd., Albemarle, NC 28001 1696/1130005 664003338212 1446/858Charles Hess & Deborah J Hess Charles & Deborah Hess Trustee406 Wallace Cr., Bloomingdale, GA 31302 1687/1438006 664003430259 518/212D. H. Morris & T.L. Huneycutt400 Prospect Church Rd., Albemarle, NC 28001 1686/0701007 664003431666 518/215Diane Huneycutt Morris C/O Diane Sides400 Prospect Church Rd., Albemarle, NC 28001 1684/837008 664003431869 1287/224Daniel Vang Et. Al.36561 Old Salisbury Rd., New London, NC 28127-7713009 664003442134 1174/980Jeff M. Jordan & Brandi D. Jordan129 Timber Lake Ct., Mt. Gilead, NC 27306-9286 1684/840010 664003447290 393/281Prospect Baptist Church502 Prospect Church Rd., Albemarle, NC 28001 1696/1544011 664004541715 198/420Gracie B. Clark600 Prospect Church Rd., Albemarle, NC 28001 1692/161012 664004542703 1570/368Timothy R. Howard1661 Worthington Rd., Ste. 100 West Palm Beach, FL 334091676/598013 664004543761 387/941James Hatley & Roger Russell700 Prospect Church Rd., Albemarle, NC 28001 1681/1138014 664004544688 596/692Brian M. & Davis Tammy C. Davis706 Prospect Church Rd., Albemarle, NC 28001 1681/1142015 664004545687 1176/50Gregory A. Deese710 Prospect Church Rd., Albemarle, NC 28001 1677/890016 664004546685 1345/695Nathan J. & Edith Paige Rev Tr720 Prospect Church Rd., Albemarle, NC 28001 1692/164017 664004548614 1345/695Nathan J. & Edith Paige Rev Tr720 Prospect Church Rd., Albemarle, NC 28001 1692/167018 664004641552 1695/412Danny E. Featherstone29181 Pennington Rd., Albemarle, NC 28001 1695/412019 664004642582 1695/409Danny E. Featherstone29181 Pennington Rd., Albemarle, NC 28001 1695/409020 664004643591 753/981Richard F. & Gertrude Hathcock38422 Airport Rd., New London, NC 28127 1677/884021 664004645418 306/945Herman F. & Betty Lambert38430 Airport Rd., New London, NC 28127 1677/881022 664004646436 1452/6Chris & Brandy Smith 38440 Airport Rd., New London, NC 28127 1676/595023 664004647446 1452/6Chris & Brandy Smith 38440 Airport Rd., New London, NC 28127 1676/592024 664004648477 1447/429Frances H. Huneycutt Rev Liv Tr.38458 Airport Rd., New London, NC 28127 1676/589025664004645287 1490/694Julie G. Laton & Richard Rayvon Laton, Jr. Jill G. Comer & Darrell Todd Comer2012 Mountain Creek Rd., Albemarle, NC 28001 1677/878026664004746222 703/764 Joe Douglas Carter 99 Savanah Ct., Daleville, VA 24083‐3134 1692/170028664004940188 1182/436 Ronald L. Carter And Nancy H. Carter 38721B Airport Rd., New London, NC 28127 1686/704028A664004940334 1663/802Hanna Denise Herlocker Hammel And Cody William Hammel9068 Flowes Store Rd., Concord, NC 28025 1686/707029664004943177 1354/687 William Barry Davis 38662 Airport Rd., New London, NC 28127 1681/1145 RLNG TRACT STATUS REPORT7/27/2020Tract No. Parcel ID Owner DB/PG Owner Name AddressRecorded Easement Deed BK / PG030664004946078 1386/899 Damon Seth Tucker 38686 Airport Rd., New London, NC 28127 1681/1148031664004949009 1542/560 Jerry W. Thompson Jr. And Julie S. Thompson 38726A Airport Rd., New London, NC 28127 1676/586032665003033917 1538/996 Jerry W. Thompson Jr. And Julie S. Thompson 38726A Airport Rd., New London, NC 28127 1676/583033665003039428 279/867 Edward Cameron Harris & Hazel Harris 36477 Airport Rd., New London, NC 28127 1677/875034665003130984 1338/616 Garry A. Whitley And Shelia E. Whitley 36824 Airport Rd., New London, NC 28127 1687/1441035665003135929 1269/815 Vivian M. Maner And Burrell H. Maner 200 Russell Rd., Albemarle, NC 28001 1684/324036665003231820 1588/496 Vivian M. Maner And Burrell H. Maner 36988 Melton Rd., Albemarle, NC 28001 1681/1154037665003235982 1529/899 James Martin Harris & Deborah Harris Talbert 40425 Tower Rd., New London, NC 28127 1692/173037A665003237545 322/459 Palestine United Methodist Church 36414 Palestine Rd., Albemarle, NC 28001 1693/1171038665003331880 1258/471Bobbie Cagle, Executrix Estate of Marilyn Campbell Phillip Whitley, Kristi Whitley, Ashley Ridenhour & Roger Ridenhour, Jr.40257 Airport Rd., Albemarle, NC 28001 1693/1168039665003333697 1258/471Bobbie Cagle, Executrix Estate of Marilyn Campbell Phillip Whitley, Kristi Whitley, Ashley Ridenhour & Roger Ridenhour, Jr.40257 Airport Rd., Albemarle, NC 28001 1693/1165040665003336648 314/266 Edward C. Harris and Hazel H. Harris 36477 Azalea Circle, New London, NC 28127 1677/872042665003430461 848/640 Gus Schad 304 S. 2nd St., Albemarle, NC 28001 1677/869043665003428928 367/695 Gus Schad 304 S. 2nd St., Albemarle, NC 28001 1677/866044665003428926 367/695 Gus Schad 304 S. 2nd St., Albemarle, NC 28001 1677/863045 665004647492 361/888 Gus Schad 304 S. 2nd St., Albemarle, NC 28001 1677/887SM‐1 664002951043 1676/13 Timothy F. Huneycutt & Zoe B. Huneycutt 38635 Airport Rd., New London, NC 28127 1692/179SM‐2 664002859269 661/256 Timothy F. Huneycutt 38177 Saw Mill Rd., New London, NC 28127 1692/176SM‐3 664002954526 356/527 Michael A. Carter & Susan Carter 38173 Saw Mill Rd., New London, NC 28127 1693/1162SM‐4 664002968574 522/296 Ronald L. Carter And Nancy H. Carter 38721B Airport Rd., New London, NC 28127 1693/1159SM‐5 665001050688 1431/336 Brian Allen Carter & Audrey Mauldin Carter 38721B Airport Rd., New London, NC 28127 1693/1158SM‐6 665001054203 201/29 H. Otha Carter & Claudine Carter 38701 Airport Rd., New London, NC 28127 1693/1174 Figure 4. Waters of the U.S. Albemarle, Stanly County, North Carolina 1:24,000 0 2,0001,000 Feet µProspect Church Rd - PNG Note: Seeplan set forlocations ofdata points Legend LOD (17.5 ac.) Wetlands UT2 Little Long Creek25 lf Little Long Creek21 lf Wetland 10.17 ac. Wetland 20.006 ac. UT1 Mountain Creek21 lf Wetland 40.037 UT2 Mountain Creek 20 lf Wetland 50.03 ac. Off-site wetland and stream Wetland 30.03 ac. Prospect Church Rd NWP 12 PCN Page | 1 of 5 Photograph 1: Crossing Reach at Little Long Creek Photograph 2. Crossing Reach at UT1 to Mountain Creek Prospect Church Rd NWP 12 PCN Page | 2 of 5 Photograph 3. Crossing Reach at UT2 to Little Long Creek Photograph 4. Crossing at UT3 to Mountain Creek Prospect Church Rd NWP 12 PCN Page | 3 of 5 Photograph 5. Wetland 1. Photograph 6. Wetland 2. Prospect Church Rd NWP 12 PCN Page | 4 of 5 Photograph 6. Crossing at Wetland 3. Photograph 8. Crossing at Wetland 4 Prospect Church Rd NWP 12 PCN Page | 5 of 5 Photograph 9. Crossing at Wetland 5 April 20, 2020 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/countyfr.html In Reply Refer To: Consultation Code: 04EN1000-2020-SLI-0558 Event Code: 04EN1000-2020-E-01292 Project Name: PNG Prospect Church Road 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 04/20/2020 Event Code: 04EN1000-2020-E-01292   2    New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmls/project_review/assessment_guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; 04/20/2020 Event Code: 04EN1000-2020-E-01292   3    ▪ ▪ ▪ http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): Official Species List Migratory Birds Wetlands 04/20/2020 Event Code: 04EN1000-2020-E-01292   1    Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 04/20/2020 Event Code: 04EN1000-2020-E-01292   2    Project Summary Consultation Code:04EN1000-2020-SLI-0558 Event Code:04EN1000-2020-E-01292 Project Name:PNG Prospect Church Road Project Type:POWER GENERATION Project Description:Natural gas pipeline project in Stanley, NC Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.40532546666942N80.18857583338072W Counties:Stanly, NC 04/20/2020 Event Code: 04EN1000-2020-E-01292   3    1. Endangered Species Act Species There is a total of 2 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS 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 Flowering Plants NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3849 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 1 04/20/2020 Event Code: 04EN1000-2020-E-01292   1    1. 2. 3. Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. The Migratory Birds Treaty Act of 1918. The Bald and Golden Eagle Protection Act of 1940. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON 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 1 2 04/20/2020 Event Code: 04EN1000-2020-E-01292   2    1. 2. 3. NAME BREEDING SEASON 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: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season () Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort () 04/20/2020 Event Code: 04EN1000-2020-E-01292   3    ▪ ▪ ▪ no data survey effort breeding season probability of presence 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 Prairie Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Rusty Blackbird BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON) 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 04/20/2020 Event Code: 04EN1000-2020-E-01292   4    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 AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? 04/20/2020 Event Code: 04EN1000-2020-E-01292   5    1. 2. 3. Migratory birds delivered through IPaC fall into the following distinct categories of concern: "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ “What does IPaC use to generate the migratory birds potentially occurring in my specified location”. Please be aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the “no data” indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In 04/20/2020 Event Code: 04EN1000-2020-E-01292   6    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. 04/20/2020 Event Code: 04EN1000-2020-E-01292   1    ▪ ▪ Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER FORESTED/SHRUB WETLAND Palustrine RIVERINE Riverine