HomeMy WebLinkAbout20220023 Ver 1_BonitaPCNPackage-Reduced_20211229DocuSign Envelope ID: 9041 E8F6-38C6-4949-8DF3-11AE5C1 D1288
SAMPLE AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT N0.
7 PLAN N0. Hickory Ridge Subdly PARCEL ID: 10902407
STREET ADDRESS: 6509 Santa Cruz Trail
Charlotte, NC 28227
Please print: Bonita Deone O'Banion
Property Owner:
Property Owner:
The undersigned, registered property owners of the above noted property, do hereby authorize
Leslie N. Vanden Herik of Mecklenburg Soil and Water Conservation District
(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 Owner's Address (if different than property above):
n/a
Telephone: 773-209-9140
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
DocuSigned by:
Authorized Signature
12/15/2021
Date:
Authorized Signature
Date:
r � �
• Alk A,W
CONSERVATION DISTRICT
December 29, 2021
RE: Bonita O'Banion Stream Project
To Whom It May Concern:
In addition to our PCN submittal, attached please find a searchable PDF with our supporting
documentation. The PDF package includes, requested maps, preliminary/draft designs, and
environmental documentation. A table of contents is included in the PDF document.
Please feel free to contact me should you have any questions or concerns.
Sincerely,
Leslie N. Vanden Herik
Conservation District Manager
2145 Suttle Avenue — Charlotte, NC 28208 — 704-336-2455
Bonita O'Banion Maps/Site Plan
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Bonita O'Banion Environmental Documentation
IPaC U.S. Fish & Wildlife Service
IPaC resource list
This rel IPaC is experiencing an issue with documents being slow to generate. We x habitat
(collect are working on the issue and hope to have it resolved soon.
jurisdic The list
may also include trust resources that occur outside of the project area, but that could potentially be
directly or indirectly affected by activities in the project area. However, determining the likelihood
and extent of effects a project may have on trust resources typically requires gathering additional
site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of
proposed activities) information.
Below is a summary of the project information you provided and contact information forthe USFWS
office(s) with jurisdiction in the defined project area. Please read the introduction to each section
that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for
additional information applicable to the trust resources addressed in that section.
Location
Mecklenburg County, North Carolina
4'
Local office
Asheville Ecological Services Field Office
t. (828) 258-3939
JB (828) 258-5330
160 Zillicoa Street
Asheville, NC 28801-1082
http://www.fws.gov/nc-es/es/countvfr.html
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project
level impacts.
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of
the species range if the species could be indirectly affected by activities in that area (e.g., placing a
dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly
impact the species by reducing or eliminating water flow downstream). Because species can move,
and site conditions can change, the species on this list are not guaranteed to be found on or near.
the project area. To fully determine any potential effects to species, additional site -specific and
project -specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area
of such proposed action" for any project that is conducted, permitted, funded, or licensed by any
Federal agency. A letter from the local office and a species list which fulfills this requirement can
only be obtained by requesting an official species list from either the Regulatory Review section in
IPaC (see directions below) or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website
and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed species! and their critical habitats are managed by the Ecological Services Program of the U.S.
Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric
Administration (NOAA Fisheries?).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this
list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the En angered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed, for listing. See the listing status page for more
information. IPaC only shows species that are regulated by USFWS (see FAQ).
2. 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.
The following species are potentially affected by activities in this location:
Mammals
NAME
STATUS
Northern Long-eared Bat Myotis septentrionalis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9045
Clams
NAME
Carolina Heelsplitter Lasmigona decorata
Wherever found
There is final critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/speci es/3534
Insects
NAME
Monarch Butterfly Danaus plexippus
Wherever found
No critical habitat has been designated for this species.
https-//ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Michaux's Sumac Rhus michauxii
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/5217
Schweinitz's Sunflower Helianthus schweinitzii
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3849
Smooth Coneflower Echinacea laevigata
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp species/3473
Critical habitats
Threatened
STATUS
Endangered
STATUS
Candidate
STATUS
Endangered
Endangered
Endangered
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves.
THERE ARE NO CRITICAL HABITATS ATTHIS LOCATION.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Acts and the Bald and Golden Eagle
Protection Acts.
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 Try Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds
http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/
conservation-measures.php
. Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf
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
Blow. 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.
167-170101
BREEDING SEASON (IFA
...................
BREEDING SEASO............................................. INDICATED
N I
FOR A BIRD ON YOUR LIST, THE
BIRD MAY BREED IN YOUR PROJECT
......... ........... ..... .._ ........._..
AREA SOMETIME WITHIN THE
.............._ .............
TIMEFRAME SPECIFIED, WHICH IS A
-....................................................- 11
VERY LIBERAL ESTIMATE OF THE
DATES INSIDE WHICH THE BIR
D
BREEDS ACROSS ITS E Nil RE
RANGE. "BREEDS ELSEWHERE"
-..........- ........ -........-.............................................
INDICATES THATTHE BIRD DOES
.......... ........................ -.......... .......... ......... ..............._ ...........
NOT LIKELY BREED IN YOUR
PROJECT AREA)
....................... .......
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31
This is not a Bird of Conservation Concern (BCC} in this area, but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development
or activities.
https://ecos.fws,gov/ecp/species/16Z6
Black -billed Cuckoo Coccyzus erythropthalmus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecplspecies/9399
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Breeds May 15 to Oct 10
Breeds May 1 to Jul 31
Breeds Apr 1 to Jul 31
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
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
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:
1. The probability of presence for each week is calculated as the number of survey events in the
week where the species was detected divided by the total number of survey events for that week.
For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of
them, the probability of presence of the Spotted Towhee in week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of presence
is calculated. This is the probability of presence divided by the maximum probability of presence
across all weeks. For example, imagine the probability of presence in week 20 for the Spotted
Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any
week of the year. The relative probability of presence on week 12 is 0.2510.25 = 1; at week 20 it is
0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of
presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season ( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its
entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.
Survey 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.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas 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 FES MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle I I. 1 1, I-1 1 1 I'l I I I I I I I I I- I
Non -BCC
............ - I -
Vulnerable (This is
.............................................
not a Bird of
1 .............. I ..... .....
Conservation
........... ..... ........
Concern (BCC} in
this area, but
.......... 1 1
warrants attention
.. . ...... ..... . -
because of the
Eagle Act or for
.......... I -
potential
susceptibilities in
offshore areas . ......
from certain types
of development or
........... . I ...... .....
activities.)
Black -billed Cuckoo -1 + -1 -1. + I I FA 1.
BCC Rangewide
- I .......... 11 --.-
(CON) (This is a
Bird of
Conservation
................ ..... .. . ..... Concern (BCC)
I....- ......................
throughout its
...... ........ .....
range in the
continental USA
I and Alaska.}
+
Prairie Warbler j
BCC Rangewide
(CON) (This is a
......... ........
Bird of
Conservation
Concern (BCC)
. .......... ... .. ... ... . ....... throughout its
range in the
........ ...
continental USA
. aAlaska.)
............
Prothonotary 4 1 - - - - - - -
Warbler
BCC Rangewide
................. ................ ........
(CON) (This is a
........... ............
BITd of
F
Conservation
Concern (BCC)
............... . . ..... . .......... ..
throughout its
............. ...... .....
range in the
continental USA
and Alaska.)
Red-headed
Woodpecker
BCC Rangewide
I.- ... if ...............
(CON) his is a
.........................................
Bird of
Conservation
....... ..........................
....... ... . .... ..... Concern (BCC)
....................................
throughout its
...... ................ ......
range in the
continental USA
- .... ..... .....
and Alaska.)
Rusty Blackbird
i
BCC - BCR (This is a
_ ..............................................
Bird of
Conservation
..................................
Concern (BCC) only
................................................
in particular Bird
Conservation
..................................
Regions (BCRs) in
............................................
the continental
USA)
..............
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 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 LISFWS 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 Cagle 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 AKIN 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 fails within (i.e. breeding, wintering, migrating or
year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide,
or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds
guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does
occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1_ "BCC Rangewide" birds are Birds of Conservation Concern (BCQ 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
kmpacts as f m eagles, please see the FAQs #ar these tC9Lr_%.
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, seethe Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam
Loring.
What if I have eagles on my list?
if your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the
Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority
concern. To learn more about how your list is generated, and see options for identifying what other birds may
be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially
occurring in my specified location". Please be aware this report provides the "probability of presence" of birds
within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided,
please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then
the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no
data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not
perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project
area, when they might be there, and if they might be breeding (which means nests might be present). The list
helps you know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities, should presence be
confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I
can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust
resources page.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS AT THIS LOCATION.
Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404
of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
WETLAND INFORMATION IS NOT AVAILABLE ATTHIS TIME
This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very
large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at
this location.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of high
altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of
error is inherent in the use of imagery, thus, detailed on -the -ground inspection of any particular site may result
in revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image
analysts, the amount and quality of the collateral data and the amount of ground truth verification work
conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping
problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may
be occasional differences in polygon boundaries or classifications between the information depicted on the map
and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.
These habitats, because of their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands
in a different manner than that used in this inventory. There is no attempt, in either the design or products of
this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to
establish the geographical scope of the regulatory programs of government agencies. Persons intending to
engage in activities involving modifications within or adjacent to wetland areas should seek the advice of
appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary
jurisdictions that may affect such activities.
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