HomeMy WebLinkAbout20220100 Ver 1_ePCN Application_20220119DW R
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Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS # Assigned*
20220100
Is a payment required for this project?
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Winston-Salem Regional Office - (336) 776-
9800
Information for Initial Review
1a. Name of project:
Samet Little Land
1a. Who is the Primary Contact?*
JC Weaver
1 b. Primary Contact Email:*
jc.weaver@terracon.com
Date Submitted
1/19/2022
Nearest Body of Water
Yadkin River
Basin
Yadkin-PeeDee
Water Classification
WS-V
Site Coordinates
Latitude:
35°43'43.66"N
A. Processing Information
County (or Counties) where the project is located:
Davidson
Is this a NCDMS Project
Yes No
Longitude:
80°22'34.54"W
Is this project a public transportation project?*
Yes No
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Version# *
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Sue Homewood:eads\slhomewood
1c. Primary Contact Phone:*
(704)345-2230
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
SST PROPERTIES LLC
2b. Deed book and page no.:
2c. Contact Person:
2d.Address
Street Address
309 GALLIMORE DAIRY Road
Address Line 2
Suite 102
City
GREENSBORO
Postal / Zip Code
27409
2e. Telephone Number:
(704)345-2230
2g. Email Address:*
jc.weaver@gmail.com
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
2f. Fax Number:
Yes No
Yes No
U
3. Applicant Information (if different from owner)
3a. Name:
Josh Drys
3b. Business Name:
Samet Coporation
3c.Address
Street Address
5606 Carnegie Blvd
Address Line 2
Suite 200
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28209
USA
3d. Telephone Number: 3e. Fax Number:
(704)697-2125
3f. Email Address:"
jdyre@sametcorp.com
4. Agent/Consultant (if applicable)
4a. Name:
JC Weaver
4b. Business Name:
Terracon
4c.Address
Street Address
2701 Westport Road
Address Line 2
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28207
USA
4d. Telephone Number: 4e. Fax Number:
(704)345-2230
4f. Email Address:
jc.weaver@terracon.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Lexington
2. Project Identification
2a. Property Identification Number:
2b. Property size:
5792-03-12-5714
24.02
2c. Project Address
Street Address
Seven Oaks Drive
Address Line 2
City
Stale / Province / Region
Linwood
NC
Postal / Zip Code
Country
27299
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:'
Yadkin River
3b. Water Resources Classification of nearest receiving water:*
WS-V
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.
030401030105
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 existing site conditions on the subject property consist of active agriculture fields and wooded land. The subject site is bordered to the north by Highway 85, to the east and south by
rural roads and active agricultural fields, and to the west by single family residences and rural roads.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.64
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:
The proposed project would consist of the development of commercial warehouse structures, associated parking lots, roads, and stormwater infrastructure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project would consist of the development of commercial warehouse structures, associated parking lots and roads, and stormwater infastrcuture. Indirect impacts to aquatic
resources are assumed to be minimal due to stormwater detention basins and the avoidance of significant impacts to wetlands. Land clearing and construction equipment would be those
typically used for this type of project and would consist of track mounted excavators, dumptrucks, and bulldozers.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): JC Weaver
Agency/Consultant Company: Terracon
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
NA
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.
2d. W. name*
2e. Forested"
2f. Type of Jurisdicition"
29. Impact
W1
Building pad 1p
Headwater Forest
W1
Yes
Corps
0.004
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.004
2i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.004
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Multiple site layouts were attempted to avoid impacts to onsite aquatic features. The current layout minimizes impacts to wetlands while allowing for the
project to remain financially feasible. Chemical and physical connectivity between the northern and southern wetlands would be preserved via the
construction of temporary diversion ditches, draining around the proposed building, into stormwater retention basins that would then overland flow into
the southern wetland. As well as, a building underdrain within the flow path of the existing upland ditch to allow for the drainage of subsurface water that
would drain into a stormwater detention basin. The proposed project would not impact the southern wetland.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The selected contractor would implement best management practices during construction to reduce potential temporary, minor construction related
effects from the proposed project. These would include the use of silt fences, phased grading and earth moving activities, gravel and rocked entrances
to site, dust control, and the immediate application of seed and matting/straw upon completion of earth moving activities.
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?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed wetland impacts fall below the maxium impact threshold for NWP 18 therefore mitigation is not requried.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?"
Yes No
2. Violations (DWR Requirement)
u
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed project will utilize all available land within the project area, excluding wetland areas or rights of way, therefor additional development would
not be possible. In addition the site has adequately sized storm water detention basin to prevent water quality degradation to downstream features.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
The proposed project would connect to municipal wastewater treatment facilities and would not place undue burden on the facility.
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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Terracon consulted the US FWS Information for Planning and Consultation (IPAC) website, Consultation Code: 04EN1000-2022-SLI-0307, to determine
if Federally listed Threatened or Endangered (T&E) species were identified within the proposed project area. No critical habitats were identified within
the project area. Terracon also conducted a pedestrian survey of the area to identify the presence of federally listed T&E species, none were observed.
Habitat for the Schweinitz's Sunflower (Helianthus schweinitzii) was observed in the northern, western, and eastern portions of the site along the
highway and rural roads right of way, however, these areas fall outside of the proposed project footprint. In addition, the proposed project would be
developed on land that historically, and is currently, agricultural land and would not be expected to potentially adversely affect any of the listed species
for the project area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Terracon visited the NOAA online essential fish habitat mapper and determined that essential fish habitat was not identified within the proposed project
area.
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?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Terracon reviewed the NC Historic Preservation Office on line mapper and did not identify any historic or archeological resources within the proposed
project area.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
Terracon reviewed the FEMA online flood plain mapper, the proposed project is identified on panel 3710579200J and is not within a 100 year flood
plain.
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.
Click the upload button or drag and drop files here to attach document
Samet PCN Supporting Info.pdf 6.62MB
File must be PDF or KMZ
Comments
Signature
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:
JC Weaver
Signature
TC luea0�e>r
Date
1/19/2022
APPENDIX A
Figures and Site Plan
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APPENDIX B
NC DWR Stream Forms
NC DWQ Stream Identification Form Version 4.11 Upper Portion of D1
Date: 7/27/2021
Project/Site: Samet Little Land
Latitude: 35.728461
Evaluator: JC Weaver
County: Davidson
Longitude:-80.376986
Total Points:
St etermination (circle one)
Other
Stream is at least intermittent 14.5
phemera Intermittent Perennial
e.g. Quad Name:
if >_ 19 or perennial if >_ 30`
A. Geomorphology (Subtotal = 6.5 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0w
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No to
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 3 )
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.
0.5
0
15. Sediment on plants or debris
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No 0
Yes = 3
C. Biology (Subtotal = A_)
18. Fibrous roots in streambed
2
1
0
19. Rooted upland plants in streambed
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL =
1.5 Other 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
NC DWQ Stream Identification Form Version 4.11 Middle Portion of D1
Date: 7/27/2021
Project/Site: Samet Little Land
Latitude: 35.728711
Evaluator: JC Weaver
County: Davidson
Longitude:-80.375681
Total Points:
St etermination (circle one)
Other
Stream is at least intermittent 6.5
phemera Intermittent Perennial
e.g. Quad Name:
if >_ 19 or perennial if >_ 30`
A. Geomorphology (Subtotal = 6.5 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0w
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No to
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 1.5)
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.
1
0.5
0
15. Sediment on plants or debris
0.5
1
1.5
16. Organic debris lines or piles
0.5
1
1 1.5
17. Soil -based evidence of high water table?
No ko
Yes = 3
C. Biology (Subtotal = 5 )
18. Fibrous roots in streambed
2
1
0
19. Rooted upland plants in streambed
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL =
1.5 Other 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
Lower Portion of D1 OUTSIDE OF WETLAND AREA
NC DWQ Stream Identification Form Version 4.11
Date: 7/27/2021
Project/Site: Samet Little Land
Latitude: 35.728194
Evaluator: JC Weaver
County: Davidson
Longitude:-80.375269
Total Points:
ermination (circle one)
Other
Stream is at least intermittent
3
Intermittent Perennial
4��F
e.g. Quad Name:
if>_ 19 or erennial if 30`
A. Geomorphology (Subtotal = 6.5 )
Absent
Weak
Moggyate
Strong
1a. Continuity of channel bed and bank
0
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
CO
2
3
9. Grade control
0
0.5
11
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No to
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 2.5 )
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No 0
Yes = 3
C. Biology (Subtotal = A_)
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
1
0
20. Macrobenthos (note diversity and abundance)
Uj
T
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0.5
1
1.5
25. Algae
0
0.5
1 J
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL =
1.5 Other 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
APPENDIX C
Site Photographs
PmiPct Nn_ 71217415
lrerracan
Photograph 1: View of upper section of upland ditch, central portion of the site, facing north.
Photograph 2: View of upper section of upland ditch, central portion of the site, facing south.
SAMET- Little Land
PmiPct Nn_ 71217415
lrerracan
Photograph I View of central section of upland ditch, central portion of the site, facing north.
Photograph 4: View of central section of upland ditch, central portion of the site, facing north.
SAMET- Little Land
APPENDIX D
IPAC Report
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
http://www.fws.p,ov/nc-es/es/coupiyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2022-SLI-0307
Event Code: 04EN1000-2022-E-00790
Project Name: Samet Little Land
January 17, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location 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
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.
01/17/2022 Event Code: 04EN1000-2022-E-00790
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/windenerg_y/) 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;
http://www.towerkill.com; andhttp://www.fws.gov/migratoDbirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
01/17/2022 Event Code: 04EN1000-2022-E-00790 3
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
01/17/2022 Event Code: 04EN1000-2022-E-00790
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
(828) 258-3939
01/17/2022
Event Code: 04EN1000-2022-E-00790
Project Summary
Consultation Code: 04EN1000-2022-SLI-0307
Event Code: Some(04EN1000-2022-E-00790)
Project Name: Samet Little Land
Project Type: LAND - CLEARING
Project Description: The proposed project would consist of development of commercial
warehouse structures. Timing of the project is dependent on ACOE permit
issuance.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/(a-)35.72800205,-80,37654953314947,14z
Counties: Davidson County, North Carolina
01/17/2022 Event Code: 04EN1000-2022-E-00790 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.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Insects
NAME
STATUS
Monarch Butterfly Danaus plexippus
Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
STATUS
Schweinitz's Sunflower Helianthus schweinitzii
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3849
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
01/17/2022 Event Code: 04EN1000-2022-E-00790
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
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 Treat. 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.
1►I_Iuhl
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https:Hecos.fws.gov/ecp/species/1626
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
01/17/2022 Event Code: 04EN1000-2022-E-00790 2
NAME
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
BREEDING
SEASON
Breeds Apr 1 to
Jul 31
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
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( )
01/17/2022 Event Code: 04EN1000-2022-E-00790 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.
SPECIES
Bald Eagle
Non -BCC
Vulnerable
Prairie Warbler
BCC Rangewide
(CON)
Prothonotary
Warbler
BCC Rangewide
(CON)
Red-headed
Woodpecker
BCC Rangewide
(CON)
Rusty Blackbird
BCC -BCR
probability of presence breeding season I survey effort — no data
mii�nii��ui��.°= �un�iin
-� ■III■I
-I-11III11■III11F
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
01/17/2022 Event Code: 04EN1000-2022-E-00790 4
• Nationwide conservation measures for birds http://www.fws.gov/migratoI3Lbirds/pdf/
management/nationwidestandardconservationmeasures. pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures 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
01/17/2022 Event Code: 04EN1000-2022-E-00790 5
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If 'Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
01/17/2022 Event Code: 04EN1000-2022-E-00790 6
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.
01/17/2022 Event Code: 04EN1000-2022-E-00790
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.
WETLAND INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED.
PLEASE VISIT HTTPS://WWW.FWS.GOV/WETLANDS/DATA/MAPPER.HTML OR CONTACT THE FIELD
OFFICE FOR FURTHER INFORMATION.