20201287 Ver 1_ePCN Application_20210707

DWR
Dlrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
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?*
r Yes r No
Change only if needed.
BIMS # Assigned
20201287
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
'Information for Initial Review
la. Name of project:
Liberty Park Phase 2 Stream Stabilization
la. Who is the Primary Contact?*
Kelly Roth
1b. Primary Contact Email:*
[e-mail]
Date Submitted
7/7/2021
Nearest Body of Water
Dye Creek
Basin
Yadkin -Pee Dee
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.582119-80.808306
A. Processing Information
County (or Counties) where the project is located:
Iredell
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Version#*
1
What amout is owed?*
r $240.00
IT $570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
1c. Primary Contact Phone:*
[phone]
Is this a courtesy copy notification?*
r Yes r No

ID#
20201287
Pre -fling Meeting or Request Date
9/24/2020
Attach documentation of Pre -Filing Meeting Request here:
pick the upload button or drag and drop files here to attach docurrent
TOM19000-LibertyPk-DWR Pre -Filing Meeting Request Form.pdf
File type rtust be FCF
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)
Has this PCN previously been submitted?*
r Yes
IT No
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: 13 - Bank Stabilization
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
Version
1
52.44KB
r 401 Water Quality Certification - Egress
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
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:
Town of Mooresville
2b. Deed book and page no.:
1295-2600, 1198-244, 1146-872, 2493-2296
2c. Contact Person:
Randall Hamann
r Yes r No
r Yes r No

2d.Address
Street Address
PO Box 878
Address Une 2
(Sty
State / Province / Iagion
Mooresville
NC
Postal / Zip Code
Country
28115
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kelly Roth
4b. Business Name:
McAdams Company
4c.Address
Street Address
2905 Meridian Parkway
Address Une 2
City
State / Province / legion
Durham
NC
Postal / Zip Code
Country
27713
USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Mooresville
2. Project Identification
2a. Property Identification Number:
4667211866, 4667118778, 4667119612,
2b. Property size:
4667212608,4667213354 and 4667216810
12
2c. Project Address
Street Address
255 E. Iredell Avenue
Address Une 2
City
State / Province / legion
Mooresville
NC
Postal / Zip Code
Country
28115
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Dye 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.
030401050102
4. Project Description and History
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 property contains an existing park with basketball courts, a concessions building, amphitheater (recently constructed), stormwater control measure (recently constructed), tennis
courts, a playground, a War Memorial Center and associated parking. An unnamed, perennial tributary to Dye Creek and associated riparian forest bisects the project area. The project
area is located in downtown Mooresville. Land use adjacent to the project area includes single-family residential, commercial and government uses. Please refer to the attached USGS
Location Map (Figure 1), Web Soil Survey Map (Figure 2) and Subject Property Aerial Map (Figure 3) for more information on the project setting.
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
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
1,312
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to redevelop and improve the existing Liberty Park in downtown Mooresville to create a high quality destination that will draw and engage users
both locally and regionally.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed project consists of re -development of the existing Liberty Park to include improvements to the existing parking area, extension of existing pedestrian paths, a new basket
ball court and playgrounds, and conversion of an existing bioretention area to a stormwater wetland. Additionally, the unnamed tributary to Dye Creek will be stabilized using natural
channel design techniques. The attached Overall Impact Map (Figure 5) depicts the overall project plan view, and Insets 1-3 show details of the proposed impact areas. Heavy
equipment typical for road construction, utility installation and grading will be used to construct the proposed project such as track hoes, bulldozers, dump trucks and graders.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
AJD request submitted Feb. 17, 2021; the delineation map is provided as Figure 4
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): Jennifer Burdette
Agency/Consultant Company: McAdams Company
Other:
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
O Unknown
6b. If yes, explain.
Phase 1, constructed in 2019, included a new event lawn with a band shell and amphitheater, pedestrian promenade, veterans' monument and stormwater management facilities. Phase
1 did not involve any impacts to jurisdictional features. Construction plans for Phase 1 are attached. The only impacts proposed as part of Phase 2, the subject of this application, are
stream impacts for stream bank stabilization.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries
r Open Waters F Pond Construction
3. Stream Impacts
r Buffers
3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact` 3d. S. name" 3e. Stream Type" 3f. Type of 3g. S. width: 3h. Impact
(?) Jurisdiction* i length*

S1
Fig 5 - Inset 1 - Stream
Permanent
Rip Rap Fill
UT1
Perennial
Both
10
40
stabilization - Riprap
Average (feet)
(linearfeet)
dissipator
gq
Fig 5 - Inset 2 - Stream
Temporary
Dewatering
UT1
Perennial
Both
19
13
stabilization - Dewatering
Aver�e(feet)
(lir�rfeet)
S3
Fig5 - Inset 2 - Stream
Permanent
Stabilization
UT1
Perennial
Both
19
458
stabilization
Average (feet)
(lir�rfeet)
S4
Fig 5 - Inset 2 - Stream
9
Tem orar
P Y
Dewatering
9
UT1
Perennial
Both
25
7
stabilization - Dewatering
Average (fee)
(lines feet)
S5
Fig 5 - Inset 2 - Stream
9
Permanent
Stabilization
UT3
Intermittent
Both
7
98
stabilization
Average (feet)
(linearfeet)
S6
Fig 5 - Inset 3 - Stream
Temporary
Dewatering
UT2
Perennial
Both
16
11
stabilization - Dewatering
Average (feet)
(linearfcet)
S7
Fig
5izationInset 3-Stream
Permanent
Stabilization :I
F
Perennial
Both
1Average(fee)
26nearfeet)
stabil
Sg
Fig 5 - Inset 3 - Stream
Temporary
Dewatering
UT2
Perennial
Both
13
16
stabilization - Dewatering
Average (feet)
(linea feet)
3i. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
860
31. Total stream and ditch impacts:
907
3j. Comments:
� E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
47
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
This project is a stream stabilization designed to result in a net increase of aquatic functions and services. Pump arounds will be utilized to conduct all
in -stream work in the dry. Natural channel design techniques have been utilized (see attached stream stabilization detail sheets).
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A Sediment and Erosion Control Plan for the project will be developed and approved by the Town of Mooresville, and the project will comply with the
supplementary NPDES Construction Stormwater Permit (NCG010000).
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 bank stabilization utilizing natural channel design features. The project is designed to improve the stability and function of the stream channel, thus
compensatory mitigation is not required.
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:
The project is in the Yadkin -Pee Dee River Basin.
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:
L.'

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
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPAUSEPA)? *
r Yes r No
Comments:*
The project does not meet the thresholds beyond which NEPA/SEPA documentation is required.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 21-1.0500), 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 project is an improvement of an emsting park and is not a)pected to result in additional development that could impact downstream water quality.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
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?
An official species list was generated using the USFWS IPaC tool on July 22, 2020. See attached Protected Species Assessment submitted to the
USFWS Asheville office on Sept. 1, 2020.
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?*
The EPA Essential Fish Habitat Mapper was accessed July 7, 2021.
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?*
McAdams submitted a request for Environmental Reviewto the NC SHPO on Aug. 25, 2020. A response was received from the SHPO on Oct. 8, 2020.
Their response stated that there are no known archaeological sites within the project area. The SHPO initially requested evaluation of the existing War
Memorial Center (ID1777) on the project site (see attached correspondence), but retracted their request via email correspondence on Dec. 3, 2020.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System, FEMA FRIM panel 3710466700J (effective 3/18/2008)
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one
file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
pick the upload button or drag and drop files here to attach docurrent
TOM19000-LibertyPk-404-401 Cover Ltr.pdf 43.04MB
File rrust be FDF a K,&
Comments
Signature
*
W By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• 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:
Kelly K Roth
Signature
Date
7/7/2021

ID#* 20201287
Version* 1
Regional Office * Mooresville Regional Office - [phone]
Reviewer List* Alan Johnson
Pre -Filing Meeting Request submitted 9/24/2020
Contact Name* Amanda Bloom
Contact Email Address* [e-mail]
Project Name* Liberty Park Phase 2
Project Owner* Town of Mooresville
Project County* Iredell
Owner Address: Street Address
413 North Main Street
Address Line 2
aty
State / Rovince / Region
Mooresville
NC
Fbstal / Zip axle
Country
28115
USA
Is this a transportation project?* r Yes r No
Type(s) of approval sought from the DWR:
* 401 Water Quality Certification - F 401 Water Quality Certification
Regular Express
* Individual Permit F Modification
F Shoreline Stabilization
Does this project have an existing project ID#?*
C Yes (-- No
Do you know the name of the staff member you would like to request a meeting with?
Alan Johnson
Please give a brief project description below.*
The project will involve development of a Master Plan for Phase 2 of the
park. New elements may include basketball
courts, nature play and exercise opportunities, trail connections and
access, picnic areas, an open-air pavilion, a
restroom and concessions building, an accessible playground, universal
design facilities, and associated parking. Natural channel design will be
used to stabilize the stream that runs through the park.

Please give a couple of dates you are available for a meeting.
10/9/2020
Please attach the documentation you would like to have the meeting about.
TOM19000_LibPk_Fig 1 USGS.pdf 2.13MB
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
1 also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
Submittal Date 9/24/2020

J MCADAMS NATIONWIDE PERMIT 13/GC 4134 > TOM-19000
July 7, 2021
Mr. Steve Kichefski
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 2008
Asheville, NC 28801-5006
RE: Nationwide Permit 13/GC 4134
Liberty Park Phase 2 Stream Stabilization
Mooresville, Iredell County, North Carolina
Dear Mr. Kichefski and Ms. Higgins:
Ms. Karen Higgins
NC Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury St.
Archdale Bldg. 9th Floor
Raleigh, NC 27604
On behalf of the Town of Mooresville, we are applying for a Nationwide Permit 13 from the US Army Corps of
Engineers (USACE) and a Water Quality Certification 4134 from the NC Division of Water Resources (DWR) for
proposed impacts to jurisdictional waters associated with the project known as Liberty Park Phase 2 Stream
Stabilization. The project area is located at 255 E. Iredell Avenue in downtown Mooresville, North Carolina. The
project lies within the Yadkin -Pee Dee River Basin. The table of contents following this letter lists the attachments
that are included as part of this permit application.
Consideration of this project is greatly appreciated. If you should have any questions or require additional
information, please contact me at [phone].
Sincerely,
MCADAMS
lfl-;e
Kel y Roth, VWS
Environmental Consultant II
cc
creating experiences through experience 1 of 2

MCADAMS NATIONWIDE PERMIT 13/GC 4134 > TOM-19000
Table of Contents
1. Property Owner Certification Form.................................................................................................................3
Townof Mooresville...............................................................................................................................................4
2. Figures...........................................................................................................................................................5
Figure1— USGS Quad.............................................................................................................................................
6
Figure2 — NRCS Web Soil Survey............................................................................................................................
7
Figure3 — Existing Conditions.................................................................................................................................
8
Figure4 — Delineation Map....................................................................................................................................
9
Figure 5 — Overall Impact Exhibit & Insets 1-3......................................................................................................
10
Stream Stabilization Detail Sheets........................................................................................................................13
Phase1 Plan Sheets..............................................................................................................................................
23
3. Endangered Species Documentation.............................................................................................................26
Protected Species Assessment.............................................................................................................................
27
4. Cultural Resources Documentation...............................................................................................................58
NC SHPO Environmental Review Response..........................................................................................................
59
creating experiences through experience 2 of 2

MCADAMS NATIONWIDE PERMIT 13/GC 4134 > TOM-19000
1. PROPERTY OWNER CERTIFICATION FORM
creating experiences through experience

J MCA DAMS AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Property Owner
FIELDS WITH * ARE REQUIRED
PIN(s).
4667211866, 4667118778, 4667119612, 4667212608, 4667213354 and 4667216810
Name:
Town of Mooresville
Address:
PO Box 878 Mooresville, NC 28115
* Phone:
704-662-3188
Email:
[e-mail]
Project Name:
Liberty Park Phase 2
Project Number:
TOM-19000
Project Manager:
Dan Lambert
US Army Corps of Engineers — Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
NC Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
I hereby designate and authorize The John R. McAdams Company, Inc. to act on my behalf as my agent in obtaining
verification of wetland delineations and processing of permit applications for the project listed above.
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) and NC Division of Water Resources
to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean
Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to
enter the property when accompanied by The John R. McAdams Company, Inc. staff.
AAktl W.-Hewotym "�J 1,A) Ej
* Print Property Owner Name *Signature
Title (if applicable)
� I �[ � Loz�)
':Date
creating experiences through experience 2905 Meridian Parkway, Durham, NC 1919. 361, 5000

MCADAMS NATIONWIDE PERMIT 13/GC 4134 > TOM-19000
2. FIGURES
creating experiences through experience

a
Q
0
i
*,
b
Legend
= Project Area
NOTES:
1. USGS; 7.5 MINUTE, QUAD, "MOORESVILLE," NORTH CAROLINA; 2019
2. LAT: 35.582119, LONG:-80.808306
D
t
O
6
1`1
0
0 1,000 2,000
FIGURE 1. USGS TOPOGRAPHIC VICINITY MAP Feet
LIBERTY PARK PHASE 2 1 inch = 2,000 feet
MOORESVILLE, IREDELL COUNTY, NC VERSION: 1
DATE: 7/20/2020
McADAMS JOB NO: TOM-19000
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C Soil Map Unit
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Symbol Map Unit Name Soil t II
Rati �!�>
CgC Cecil- Urban Iand complex, 2to10percent slopes No
CgE Cecil- Urban Iand complex, 10to25peroentslopes No f A
PaE Pacol et sandy I oam, 15 to 25 percent sl opes No
PcD2 Pacoletsand da loam, 10to15 rcentslo es, moderate) eroded No '
Y Y percent P Y
UdE Udorthents, I oamy, 0 to 25 percents slopes No 017 NC C e f G ra hic InformaUoh & A
Ur Urbanland No g',.p ,
NOTES:
Web Soil Survey SSURGO Spatial Data: Iredell County (Version 11, Sep 16, 2019)
0 75 150
J FIGURE 2. NRCS WEB SOIL SURVEY Feet
LIBERTY PARK PHASE 2 1 inch = 150 feet
MOORESVILLE, IREDELL COUNTY, NC VERSION: 1
DATE: 7/20/2020
McADAMS JOB NO: TOM-19000
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S2 - Perenn ial
+/- 220 LF
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,
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+/- 0.092 AC
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S1- LF
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LEGEND
Notes:
1.) Field work completed on July 22, 2020.
Project Area
2.) RE = right edge
— — Streams
Roads
— Stormwater Pond
2-ft contours
• Data Point
0 50
100
FIGURE 4. APPROVED JURISDICTIONAL DELINEATION MAP
Feet
LIBERTY PARK PHASE 2
1 inch = 100 feet
MOORESVILLE, IREDELL COUNTY, NC
VERSION:
1
DATE:
2/17/2021
WADAMs
JOB NO:
TOM-19000
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MCADAMS NATIONWIDE PERMIT 13/GC 4134 > TOM-19000
6. ENDANGERED SPECIES DOCUMENTATION
creating experiences through experience

MCADAMS PROTECTED SPECIES ASSESSMENT > TOM-19000
September 1, 2020
Mr. Byron Hamstead
Asheville Ecological Services Field Office
U.S. Fish and Wildlife Service
Via [e-mail]
RE: Protected Species Assessment
Liberty Park Phase 2 Master Plan
Mooresville, Iredell County, North Carolina
Dear Mr. Hamstead:
McAdams has been contracted to conduct a site investigation for the development of a park master site plan for
Phase 2 of the Town's Liberty Park located at 255 E. Iredell Avenue in Mooresville, Iredell County, North Carolina.
The design team will consider incorporating the following elements into the master site plan for the 12-acre project
area: basketball courts, nature play and exercise opportunities, trail connections and access, picnic areas, an open-
air pavilion, a restroom, concessions building, an accessible playground, and associated parking. The project will
also include a stream stabilization plan that will require a Section 404 permit.
Figure 1 depicts the location of the project study area on the US Geological Survey (USGS) Mooresville, NC 7.5-
minute quadrangle topographic map. Figure 2 shows the location of the project study area on the Web Soil Survey
map. Cecil -Urban land complex, Urban land and Udorthents occupy the developed areas of the study area. An
unnamed, perennial tributary to Dye Creek and associated riparian forest bisects the project area. The forested area
of the project area consists primarily of mesic hardwood forest dominated by willow oak, tulip poplar, black oak,
silver maple, and American beech. Figure 3 depicts the subject property on an aerial photograph of the area and
Figure 4 depicts the surface water features on the site.
On July 22, 2020, McAdams used the US Fish and Wildlife (USFWS) Information for Planning and Consultation (IPaC)
website to obtain a list of threatened and endangered species that may occur in the proposed project location and/or
may be affected by the proposed project. This process generates an Official Species List that is shown in Table 1. No
Critical Habitats were identified within the vicinity of the project area. A list of natural heritage resources was obtained
from the NC Natural Heritage Program (NCNHP) on July 22, 2020. No records for rare species, important natural
communities or natural areas were identified within one mile of the project study area. Conservation/managed areas
within the project study area include Iredell County Open Space as depicted in the attached Natural Heritage Report.
Information regarding the appearance and habitat for each species identified were compiled. McAdams staff routinely
visits the NC Botanical Garden to observe protected species identified on Official Species Lists during different stages
of their life cycle including into senescence. On July 22, 2020, a McAdams staff member walked transects through the
creating experiences through experience 2905 Meridian Parkway, Durham, NC 27713 / 919. 361. 5000

MCADAMS PROTECTED SPECIES ASSESSMENT > TOM-19000
suitable habitat present for dwarf -flowered heartleaf, which includes slopes adjacent to streams present within the
project area. Photographs taken during the field survey are provided in Appendix A. Wisteria, kudzu, English ivy, and
grapevine are present to the exclusion of most other herbaceous plant species within the suitable habitat for dwarf -
flowered heartleaf.
Table 1. Federally Protected Species That May Be Within the Project Study
Area
(7/22/2020)
Scientific Name
Common Name
Federal Status
Mammals
Myotis septentrionalis
Northern Long-eared Bat
Threatened
Reptiles
Clemmys muhlenbergii
Bog Turtle
Similarity of Appearance
(Threatened)
Flowering Plants
Hexastylis naniflora
Dwarf -flowered Heartleaf
Threatened
Northern Long-eared Bat (Myotis septentrionalis) —Threatened
Biological Opinion: May affect, not likely to adversely affect
"Appearance: The northern long-eared bat is a medium-sized bat with a body length of 3 to 3.7 inches but a
wingspan of 9 to 10 inches. Their fur color can be medium to dark brown on the back and tawny to pale -brown on
the underside. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats
in its genus, Myotis."
"Winter Habitat: Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They
use areas in various sized caves or mines with constant temperatures, high humidity, and no air currents. Within
hibernacula, surveyors find them hibernating most often in small crevices or cracks, often with only the nose and
ears visible."
"Summer Habitat: During the summer, northern long-eared bats roost singly or in colonies underneath bark, in
cavities or in crevices of both live trees and snags (dead trees). Males and non -reproductive females may also roost
in cooler places, like caves and mines. Northern long-eared bats seem to be flexible in selecting roosts, choosing
roost trees based on suitability to retain bark or provide cavities or crevices. This bat has also been found rarely
roosting in structures, like barns and sheds." (USFWS 2018)
The northern long-eared bat is listed on the USFWS Official Species List for the site. The NCNHP report does not list
any element occurrences of the northern long-eared bat within one mile of the study site, and records of confirmed
hibernation and maternity sites are not present in Iredell County. The project will rely upon the findings of the
1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the Northern Long -Eared Bat and Activities
Excepted from Take Prohibitions to fulfill our project -specific Section 7 responsibilities.
creating experiences through experience 2 of 6

MCADAMS PROTECTED SPECIES ASSESSMENT > TOM-19000
Bog Turtle (Clemmys muhlenbergii) — Similarity of Appearance (Threatened)
Biological Opinion: No Effect
Appearance: "The bog turtle is the smallest turtle in North America, rarely exceeding three or four inches in length
and weighing only about four ounces. It's orange to yellow patch on either side of the neck easily distinguishes it
from other turtles.
"Bog turtles emerge from their muddy hibernation in March or April and begin actively seeking a mate. Adults are
sexually mature at five to eight years of age. During the months of May -July, the female lays a clutch of one to six
small white elliptical eggs in a shallow nest she digs in a clump of sphagnum moss or tuft of grass above the water
line. After seven or eight weeks of being incubated by the sun, the inch -long hatchlings emerge. Because they are
born so late in the year, the hatchlings often spend their first winter near the nest."
Habitat: "Bog turtles live in the mud, grass and sphagnum moss of bogs, swamps, and marshy meadows. These
wetlands are usually fed by cool springs flowing slowly over the land, creating the wet, muddy soil needed by the
turtles" (USFWS/SR 2019).
The project area lacks wetlands and thus does not contain suitable habitat for the bog turtle.
Dwarf -flowered Heartleaf (Hexastylis naniflora) —Threatened
Biological Opinion: May affect, not likely to adversely affect
"Description: Dwarf -flowered heartleaf is a low -growing evergreen perennial plant. It has heart -shape leaves that
are four to six centimeters long, dark green and leathery, supported by long thin leaf stems connecting it to an
underground stem. The jug -shaped flowers are usually beige to dark brown or purple and appear from mid -March to
early June. The flowers are small and inconspicuous and are found near the base of the leaf stems, often buried
beneath the leaf litter.
"Habitat: Dwarf -flowered heartleaf grows in acidic soils along bluffs and adjacent slopes, in boggy areas next to
streams and creek heads, and along the slopes of nearby hillsides and ravines." (USFWS 2015)
The study site contains marginal suitable habitat for dwarf -flowered heartleaf along stream valleys within the
project area. However, this habitat is dominated by invasive species that includes wisteria, kudzu, and English ivy.
The NCNHP report does not list any occurrences of this species within 1.0 mile of the study area. McAdams staff
conducted a field survey of the suitable habitat outside the optimal survey window but did not observed any
Hexastylis species.
creating experiences through experience 3 of 6

MCADAMS PROTECTED SPECIES ASSESSMENT > TOM-19000
Bald and Golden Eagle Protection Act
Description: "Distinguished by a white head and white tail feathers, bald eagles are powerful, brown birds that may
weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller, weighing as much as 10 pounds and have a
wingspan of 6 feet."
Habitat: "Bald eagles require a good food base, perching areas, and nesting sites. Their habitat includes estuaries,
large lakes, reservoirs, rivers, and some seacoasts." (USFWS 2007a) Bald eagles build large nests (4 to 6 feet in
diameter and larger) in the tops of tall trees and snags that include perches with a clear view of water. (USFWS
2007b)
A desktop-GIS assessment of the project study area, as well as the area within a 1.0-mile radius of the project limits,
was performed on July 22, 2020 using 2018 color aerials. No water bodies large enough or sufficiently open to be
considered potential feeding sources were identified. Since there was no foraging habitat within the review area, a
survey of the project study area and the area within 660 feet of the project limits was not conducted. Additionally, a
review of the NHP database on July 22, 2020 revealed no known occurrences of this species within 1.0 mile of the
project study area. Due to the lack of habitat, known occurrences, and minimal impact anticipated for this project, it
has been determined that this project will not affect this species
Conclusions/Recommendations
The project will rely upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the
Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific Section 7
responsibilities.
A biological opinion of "no effect" was determined for the bog turtle based on a lack of suitable habitat within the
project area. The project area contains marginally suitable habitat for dwarf -flowered heartleaf. A biological opinion
of "may affect, not likely to adversely affect" was determined for this species because no individuals of Hexastylis
species were observed during a field survey conducted outside of the optimal survey window.
A determination of "No Eagle Act permit required" was determined for the bald eagle because suitable habitat is not
present within one mile of the project area. We request your review and comments on this protected species
assessment.
Sincerely,
MCADAMS
f
Jennifer Burdette, PWS
Sr. Environmental Consultant II, Water Resources
creating experiences through experience 4 of 6

MCADAMS PROTECTED SPECIES ASSESSMENT > TOM-19000
cc: Christopher Wycoff, Town of Mooresville
Dan Lambert, McAdams
Attachments:
Figure 1. USGS Map
Figure 2. Soil Survey Map
Figure 3. Aerial Map
Figure 4. Delineation Map
Appendix A. Field Survey Photographs
USFWS Official Species List (7/22/2020)
NCNHP Site Information (7/22/2020)
creating experiences through experience 5 of 6

J MCADAMS PROTECTED SPECIES ASSESSMENT > TOM-19000
Literature Cited
U.S. Fish and Wildlife Service. 2007a. Bald Eagle Fact Sheet,
https://www.fws.gov/migratorybirds/pdf/management/bald-eagle-fact-sheet.pdf.
U.S. Fish and Wildlife Service. 2007b. National Bald Eagle Management Guidelines,
https://www.fws.gov/migratorybirds/pdf/management/nationalbaldeaglenanagementguidelines.pdf
U.S. Fish and Wildlife Service. 2018. Northern Long -Eared Bat Fact Sheet. Northern Long -Eared Bat I Species
Information, www.fws.gov/midwest/endangered/mammals/nleb/nlebFactSheet.html.
U.S. Fish and Wildlife Service/Asheville Ecological Services Field Office. 2015. Dwarf -flowered heartleafI Species
Information, https://www.fws.gov/asheville/htmis/listed_species/Dwarf flowered_heartleaf.html.
U.S. Fish and Wildlife Service/Southeast Region. 2019. Bog Turtle (Southern population) I Species Profile,
https://www.fws.gov/southeast/wildlife/reptiles/bog-turtle/.
creating experiences through experience 6 of 6

a
Q
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b
Legend
= Project Area
NOTES:
1. USGS; 7.5 MINUTE, QUAD, "MOORESVILLE," NORTH CAROLINA; 2019
2. LAT: 35.582119, LONG:-80.808306
D
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0 1,000 2,000
FIGURE 1. USGS TOPOGRAPHIC VICINITY MAP Feet
LIBERTY PARK PHASE 2 1 inch = 2,000 feet
MOORESVILLE, IREDELL COUNTY, NC VERSION: 1
DATE: 7/20/2020
McADAMS JOB NO: TOM-19000
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C Soil Map Unit
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Symbol Map Unit Name Soil t II
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CgC Cecil- Urban Iand complex, 2to10percent slopes No
CgE Cecil- Urban Iand complex, 10to25peroentslopes No f A
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Y Y percent P Y
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NOTES:
Web Soil Survey SSURGO Spatial Data: Iredell County (Version 11, Sep 16, 2019)
0 75 150
J FIGURE 2. NRCS WEB SOIL SURVEY Feet
LIBERTY PARK PHASE 2 1 inch = 150 feet
MOORESVILLE, IREDELL COUNTY, NC VERSION: 1
DATE: 7/20/2020
McADAMS JOB NO: TOM-19000
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LEGEND
Notes:
1.) Field work completed on July 22, 2020.
Project Area
2.) RE = right edge
— — Streams
Roads
— Stormwater Pond
2-ft contours
• Data Point
0 50
100
FIGURE 4. APPROVED JURISDICTIONAL DELINEATION MAP
Feet
LIBERTY PARK PHASE 2
1 inch = 100 feet
MOORESVILLE, IREDELL COUNTY, NC
VERSION:
1
DATE:
2/17/2021
WADAMs
JOB NO:
TOM-19000
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MCADAMS PROTECTED SPECIES ASSESSMENT > TOM-19000
Appendix A.
Habitat Photographs
Photo 1. Perennial stream S2 facing upstream looking at culvert under Iredell Avenue (7/22/2020)
Photo 2. Kudzu along perennial stream S1 below confluence with S2 (7/22/2020)
creating experiences through experience Page 1 of 3

MCADAMS PROTECTED SPECIES ASSESSMENT > TOM-19000
Photo 3. General view of park area around stream S1 (7/10/2020)
creating experiences through experience Page 2 of 3

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.gov/nc-es/es/couMfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2020-SLI-0776
Event Code: 04EN1000-2020-E-01823
Project Name: Liberty Park - Phase 2
July 22, 2020
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc counties.html. The AFO website list includes "species of concern" species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmis/project review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html

07/22/2020 Event Code: 04EN1000-2020-E-01823
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may be
requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm;

07/22/2020 Event Code: 04EN1000-2020-E-01823
3
http://www.towerkill.com; and http://www.fws.gov/migratoI3Lbirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Wetlands

07/22/2020 Event Code: 04EN1000-2020-E-01823
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]

07/22/2020 Event Code: 04EN1000-2020-E-01823
Project Summary
Consultation Code: 04EN1000-2020-SLI-0776
Event Code: 04EN1000-2020-E-01823
Project Name: Liberty Park - Phase 2
Project Type: DEVELOPMENT
Project Description: It is our understanding the Town is seeking the development of a park
master site plan for Phase 2 of the Town's Liberty Park. The park is
located at 255 E Iredell Ave, Mooresville, NC 28115 and is located within
the Rocky River Watershed. It is also our understanding the Town of
Mooresville desires the park to be of the highest quality with regards to
design and construction and one that will draw and engage users to the
facility locally and regionally.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/35.58215170715697N80.80844239018035W
Counties: Iredell, NC
2

07/22/2020 Event Code: 04EN1000-2020-E-01823 3
Endangered Species Act Species
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME
STATUS
Northern Long-eared Bat Myotis septentrionalis
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Reptiles
NAME
STATUS
Bog Turtle Clemmys muhlenbergii
Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA)
Appearance
No critical habitat has been designated for this species.
(Threatened)
Species profile: https:Hecos.fws.gov/ecp/species/6962
Flowering Plants
NAME
Dwarf -flowered Heartleaf Hexastylis nani flora
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2458
STATUS
Threatened

07/22/2020 Event Code: 04EN1000-2020-E-01823
Critical habitats
FHERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFFICE'S
JURISDICTION.

07/22/2020
Event Code: 04EN1000-2020-E-01823
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME BREEDING SEASON
Eastern Whip -poor -will Antrostomus voci ferns
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Breeds May 1 to Aug
20
Breeds May 1 to Jul 31
Breeds May 10 to Sep
10

07/22/2020 Event Code: 04EN1000-2020-E-01823
NAME
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Probability Of Presence Summary
BREEDING SEASON
Breeds elsewhere
Breeds May 10 to Aug
31
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.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )

07/22/2020 Event Code: 04EN1000-2020-E-01823 3
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Eastern Whippoor-
will +--- 1-+++ ­+-- — — — —INN
+—Jill — . -- ---- — --
++—
BCC Rangewide (CON) --� ME `b
Prairie Warbler +--- ++++ —+---- "" "" "" ---- --- ---- —++— ---
BCC Rangewide (CON) '
Red -headed ----
Woodpecker +
BCC Rangewide (COI)
Rusty Blackbird +--- ++,+ ­+-- — — — — — — — — —+-- — — — — — — — — — — — — — — — — —++— ----
BCC Rangewide (COI)
Wood Thrush +--- ++++ —+-- ---- —17
1 Jill Jill Jill
— — — — — — — — —++—
BCC Rangewide (COI)
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds http://www.fws.gov/migratoDLbirds/pdf/
irds/pdf/
management/nationwidestandardconservationmeasures. pdf

07/22/2020 Event Code: 04EN1000-2020-E-01823
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, 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

07/22/2020 Event Code: 04EN1000-2020-E-01823 5
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If 'Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC

07/22/2020 Event Code: 04EN1000-2020-E-01823
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.

07/22/2020 Event Code: 04EN1000-2020-E-01823
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
RIVERINE
• R4SBC

MEN Roy Cooper. Governor
•s ; NC DEPARTMENT OF Susi Hamilton, Secretary
■■ ■■ NATURAL AND CULTURAL RESOURCES
013
0 Walter Clark, director, Land and Water Stewardship
NCNHDE-12518
July 22, 2020
Alec Pierzga
The John R. McAdams Company
2905 Meridian Parkway
Durham, NC 27713
RE: Liberty Park - Phase 2 ; TOM-19000
Dear Alec Pierzga:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water
Management Trust Fund easement, or an occurrence of a Federally -listed species is documented
near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butlerCo�ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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MCADAMS NATIONWIDE PERMIT 13/GC 4134 > TOM-19000
7. CULTURAL RESOURCES DOCUMENTATION
creating experiences through experience

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
October 8, 2020
Jennifer Burdette
McAdams
2905 Meridian Parkway
Durham, NC 27713
Office of Archives and History
Deputy Secretary Kevin Cherry
[e-mail]
Re: Develop park master site plan for phase 2 of Liberty Park, 255 East Iredell Avenue,
Mooresville, Iredell County, ER 20-1900
Dear Ms. Burdette:
Thank you for your email of August 25, 2020, regarding the above -referenced undertaking. We have
reviewed your submittal and offer the following comments. We apologize for the delay in our response and
any inconvenience it may have caused.
We are unable to accurately assess impacts to historic properties within the proposed Area of Potential
Effect. The War Memorial Center (ID1777) should be evaluated by a Secretary of the Interior qualified
Architectural Historian and a report submitted to us for review and comment. Evaluation should consider
the potential for eligibility under Criterion A for local recreation and Criterion C. It must
include consideration of the surrounding park elements and the potential for a complex or district.
Please be sure to review our Historic Structure Survey Report (HSSR) Standards for guidance on report
requirements (hllps://www.ncdcr.gov/state-historic-preservation-office/environmental-review/historic-
structure-survey-report-standards) to ensure timely review. Missing deliverables will cause a delay in
processing.
Please contact Katie Harville, NCHPO Environmental Review Specialist, at 919-814-6581, or
[e-mail], with questions about HSSR report guidelines or deliverables.
Once the property is evaluated and a scope of work submitted, we will be able to finalize our determination
of effect.
There are no known archaeological sites within the proposed project area. Based on our knowledge of the
area, it is unlikely that any archaeological resources that may be eligible for inclusion in the National
Register of Historic Places will be affected by the project. We, therefore, recommend that no
archaeological investigation be conducted in connection with this project.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6598

The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.reviewkncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
(1�
Sincerely,
Ramona Bartos, Deputy
(� State Historic Preservation Officer