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HomeMy WebLinkAbout20220800 Ver 1_401 Application_20220610Staff Review Form
NORTH CAROLINA
EnNmnmenfei Qea(Uy
Updated September4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID# *
20220800
Version* 1
Is this project a public transportation project?*
Reviewer List:*
Select Reviewing Office: *
Submittal Type:*
Yes
No
Andrew Moore:eads\awmoore3
Asheville Regional Office - (828) 296-4500
401 Application
Does this project require a request for payment to be sent?*
Yes
No
How much is owed?* $240.00
$570.00
Project Submittal Form
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Pre -Filing Meeting Date Request was submitted on:
5/10/2022
Project Contact Information
Name: Jeff Golladay
Who is submitting the information?
Email Address: jolladay@enviroscienceinc.com
Project Information
Project Name: Fairview Mini -Storage
Is this a public transportation project?
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
County (ies)
Buncombe
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
06.07.2022_Fairview Mini-Storage_401Cert.pdf 8.35MB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
401 Application package. The applicant is seeking an individual 401 Water Quality Certification to authorize
permanent stream impacts associated with the development of a new storage facility.
Sign and Submit
By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.
• I, 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 agree that submission of this online 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 online form.
Signature:
Submittal Date: Is filled in automatically.
CLearWaer
An EnviroScience Company
ClearWater Environmental Consultants, Inc.
www.cwenv.com
June 10, 2022
Mr. Paul Wojoski
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9th Floor
Raleigh, North Carolina 27604
RE: Fairview Mini -Storage (+/- 4.13 Ac)
Individua1 401 Water Quality Certification Request
Buncombe County, North Carolina
Dear Mr. Wojoski,
The attached Pre -Construction Notification (PCN) is being submitted on behalf of Appaloosa Real
Estate Partners, LLC; represented by Mr. Joshua Wilkes. The project area is comprised of
Buncombe County parcel index numbers 968653557600000 and 968653477200000. The project
is located at 1366 Charlotte Highway, Fairview, North Carolina 28730. The applicant is seeking
an Individual 401 Water Quality Certification to authorize permanent stream impacts associated
with the development of a new storage facility. This PCN was submitted to the U.S. Army Corps
of Engineers on June 07, 2022.
Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the
attached application and supplemental information. A copy of this application has been sent via
email to Ms. Andrea Leslie, NC Wildlife Resources Commission; Mr. Byron Hamstead, US Fish
and Wildlife Service; and Ms. Amanda Jones Fuemmeler, U.S. Army Corps of Engineers.
Sincerely,
Jeff Golladay
Biologist
Copy issued:
USACE — Amanda Jones Fuemmeler
NC Wildlife Resources Commission — Andrea Leslie
USFWS Asheville Field Office — Byron Hamstead
Ate&
R. Clement Riddle, P.W.S.
Senior Scientist
145 7th Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel
Preliminary Data Entry Fields for New Actions
SAW —
1. Project Name: Fairview Mini -Storage
2. Work Type:
Private n Institutional n
3. Project Description / Purpose:
Government n Commercial n
The purpose of the project is to authorize permanent stream impacts associated with the construction of a new storage
facility on a 4.13-acre tract.
4. Property Owner / Applicant:
Appaloosa Real Estate Partners, LLC
5. Agent / Consultant: ClearWater, an EnviroScience Company
6. Related Action ID Number(s):
7. Project Location - Coordinates, Street Address, and/or Location Description:
1366 Charlotte Highway, Fairview, North Carolina 28730; 35.525410, -82.410029
8. Project Location - Tax Parcel ID: 968653557600000; 968653477200000
9. Project Location —County: Buncombe
10. Project Location — Nearest Municipality or Town :
Fairview
11. Project Information — Nearest Waterbody: Cane Creek (Class C;Tr)
12. Watershed / 8-Digit Hydrologic Unit Code:
Upper French Broad / 06010105
Authorization: Section 10 n Section 404 n Section 10 & 404 n
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit # 39
n Regional General Permit #
n Jurisdictional Determination Request
Pre -Application Request
Unauthorized Activity
n Compliance
n No Permit Required
Revised 20210513
An EnviroScience Companye
Department of the Army
Wilmington District, Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, Webscape Unit
Attn: Paul Wojoski
512 North Salisbury Street
Raleigh, North Carolina 27604
I, the current landowner/managing partner of the property identified below, hereby authorize
ClearWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the
processing of jurisdictional determination requests and permits to impact Wetlands and Water of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10
of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as
needed at the request of the USACE or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers
to enter upon the property herein described for the purposes of conducting onsite investigations and
issuing a determination associated with Wetlands and Waters of the US subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899.
Property Owner of Record: AREP Fairview, LLC (under contract)
Property Owner Address:
Phone Number:
Email address:
Property Location:
2820 Selwyn Ave, Ste 618
Charlotte, NC 28209
704 910 7103
joshua@appaloosarep.com
1366 Charlotte Highway, Fairview, NC 28730
Owner/Managing partner Signature:
Owner/Managing printed name:
lie
Joshua Wilkes
Date: 5/12/2022
145 7th Avenue West, Suite B
Hendersonville, NC 28792
Phone: 828-698-9800
www.cwenv.com
Buncombe County Assessment
Property Record Search
Buncombe County Assessment Property Record Search
968653557600000
1366 CHARLOTTE HWY
KEY INFORMATION
MILLER SUSAN Total Appraised Value
12 MASTERS WAY, POOLER, GA, 31322 $282,100
Zoning OU Neighborhood
Land Use Code MULTIPLE RES Municipality
Fire District FFA Special District
Present Use
Appraisal Area Erik Simes (828) 250-4935 erik.simes@buncombecounty.org
Exemption
Legal Description
Plat Reference 100=0
74C3
Deed Date: 06/18/2009 Deed: 009E-1145 Subdiv: Block: Lot: Section: Plat: 0000-0000
ASSESSMENT DETAILS
Land Value $105,500
Building Value $175,200
Features $1,400
Total Appraised $282,100
Value
Deferred Value $0
Exempt Value $0
Total Taxable $282,100
Value
LAND INFORMATION
ZONING LAND USE CODE SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN
OPEN USE MULTIPLE RES 3.80 acres 74C3 $105,500 NO
TRANSFER HISTORY
TRANSFER DATE
2009-06-18
TRANSACTION PRICE
$0
VALUE CHANGE HISTORY
VALID SALE BOOK / PAGE DEED INSTRUMENT
Not Qualified 9E-1145 WLL
DATE OF VALUE EFFECTIVE TAX LAND BUILDING FEATURES NEW
CHANGE YEAR REASON FOR CHANGE VALUE VALUE VALUE VALUE
2017-01-27 2017 RAPP REAPPRAISAL $102800 $161,100 $1,200 $265,100
NOTICE
2021-02-01 2021 RAPP REAPPRAISAL $105500 $175,200 $1,400 $282,100
NOTICE
RECENT PERMIT ACTIVITY
PERMIT DATE PERMIT TYPE PERMIT STATUS
No items to display
Data last updated: 06/03/2022
Buncombe County Assessment
Property Record Search
Buncombe County Assessment Property Record Search
968653477200000
CHARLOTTE HW`
KEY INFORMATION
JPL HOLDINGS LLC
315 CEDAR CREST DR, ASHEVILLE, NC,
28803
Total Appraised Value
$160,100
Zoning OU
Land Use Code RES 0-3 ACRES
Fire District FFA
Neighborhood
Municipality
Special District
FAIE
Present Use
Appraisal Area Josh Houston 828-250-4940 josh.houston@buncombecounty.org
Exemption
Legal Description Deed Date: 01/08/1990 Deed: 1590-0300 Subdiv: Block: Lot: Section: Plat: 0000-0000
Plat Reference
ASSESSMENT DETAILS
Land Value $33,100
Building Value $124,500
Features $2,500
Total Appraised $160,100
Value
Deferred Value $0
Exempt Value $0
Total Taxable $160,100
Value
LAND INFORMATION
ZONING LAND USE CODE SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN
OPEN USE RES 0-3 ACRES 0.34 acres FAIE $33,100 NO
TRANSFER HISTORY
TRANSFER DATE
2021-09-20
TRANSACTION PRICE
$29,000
VALUE CHANGE HISTORY
VALID SALE BOOK / PAGE DEED INSTRUMENT
Not Qualified 6122-823 SWD
DATE OF VALUE EFFECTIVE TAX LAND BUILDING FEATURES NEW
CHANGE YEAR REASON FOR CHANGE VALUE VALUE VALUE VALUE
2017-01-27 2017 RAPP REAPPRAISAL $32000 $90,800 $4,000 $126,800
NOTICE
2021-02-01 2021 RAPP REAPPRAISAL $33100 $124,500 $2,500 $160,100
NOTICE
RECENT PERMIT ACTIVITY
PERMIT DATE PERMIT TYPE PERMIT STATUS
No items to display
Data last updated: 06/03/2022
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
la. Type(s) of approval sought from the Corps:
❑ Section 10 Permit
X Section 404 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
lc. Has the NWP or GP number been verified by the Corps?
❑ Yes X No
1d. Type(s) of approval sought from
the DWQ (check all that apply):
— Regular ❑ Non-404 Jurisdictional General Permit
— Express ❑ Riparian Buffer Authorization
X 401 Water Quality Certification
❑ 401 Water Quality Certification
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
For the record only for Corps Permit:
❑ Yes X No
❑ Yes X No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes X No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes X No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes X No
2. Project Information
2a. Name of project:
Fairview Mini -Storage
2b. County:
Buncombe
2c. Nearest municipality / town:
Fairview
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
AREP Fairview, LLC (Under Contract)
3b. Deed Book and Page No.
009E/1145; 6112/823
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
2820 Selwyn Avenue, Ste 618
3e. City, state, zip:
Charlotte, NC 28209
3f. Telephone no.:
(704) 910-7103
3g. Fax no.:
3h. Email address:
joshua@appaloosarep.com
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
X Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
R. Clement Riddle
5b. Business name
(if applicable):
ClearWater, and EnviroScience Company
5c. Street address:
145 7th Avenue West; Suite B
5d. City, state, zip:
Hendersonville, North Carolina, 28793
5e. Telephone no.:
(828) 698-9800
5f. Fax no.:
5g. Email address:
jgolladay@enviroscienceinc.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
968653557600000; 968653477200000
lb. Site coordinates (in decimal degrees): Latitude: 35.52541 Longitude: -82.410029
lc. Property size:
4.13 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Cane Creek
2b. Water Quality Classification of nearest receiving water:
C;Tr
2c. River basin:
Upper French Broad / 06010105
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
See additional information following the PCN form.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 190
3d. Explain the purpose of the proposed project:
The purpose of the project is to authorize permanent stream impacts associated with the development of a new storage facility.
3e. Describe the overall project in detail, including the type of equipment to be used:
See additional information following the PCN form.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑ Yes X No ❑ Unknown
Comments: See 4c and 4d.
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Alpha Environmental
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Alpha Environmental delineated the project area in April 2022. The delineation was not submitted for Jurisdictional Determination.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
Yes X No Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections
❑ Wetlands
were completed below
for your project (check all that apply):
❑ Buffers ❑ Open Waters ❑ Pond Construction
X Streams — tributaries
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT Cane Creek
PER
Corps
2.5
190
S2 -
Choose one
-
-
S3 -
Choose one
-
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
3i. Comments:
S1: Total Streambed Impact = 0.011 AC (190 L.F.)
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
O2 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed permanent stream impact and culvert length is the minimum necessary to provide access to the northern half of the property as well as
sufficient paved area between buildings for vehicle access. The paved area between buildings is required to provide adequate turn radii for users of
the facility and for emergency personnel. Additionally, due to site topography, the length of the proposed culvert is needed in order to catch the
proposed fill to properly grade the site. See Appendix B for site photos.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The proposed culvert will be installed in the dry with all equipment operated from high ground. The applicant will adhere to erosion and sediment
control standards necessary to protect downstream water quality. See Figure 5.0 for an site existing conditions map. See Figures 5.1 and 5.2 for the
stream impact details. Refer to Figures 5.3 and 5.4 for pump around system details and culvert installation details.
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?
No
❑ Yes X
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ❑ No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
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 X No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes X No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
62.95 %
2b. Does this project require a Stormwater Management Plan?
X Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
A Stormwater Management Plan for the project is to be reviewed by Buncombe County. Buncombe County is a delegated authority. The applicant
plans to submit the Stormwater Management Plan for the Fairview Mini -Storage project to Buncombe County by June 30, 2022.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Buncombe County
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Buncombe County
3b. Which of the following locally -implemented stormwater management programs
apply (check all that apply):
X Phase II
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑Yes ❑ No
4. DWQ Stormwater Program Review
4a. Which of the following state -implemented stormwater management programs apply
(check all that apply):
❑Coastal counties
❑HQW
❑ORW
❑Session Law 2006-246
❑Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes X No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land?
❑ Yes X No
1 b. 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 (NEPA/SEPA)?
❑Yes X No
lc. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments:
❑ Yes ❑ No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
❑Yes X No
2b. Is this an after -the -fact permit application?
❑Yes X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality?
Yes X No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed stream impacts will not result in additional development that could affect downstream water quality.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater will be treated on site with new septic infrastructure.
Page 9 of 10
PCN Form — Version 1.4 January 2009
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
X No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
❑ Yes
X No
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See Appendix A for the Threatened and Endangered Species Information.
USFWS IPaC accessed 06/06/2022; North Carolina Natural Heritage Program Database accessed 06/06/2022.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes
X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA's Essential Fish Habitat (EFH) Mapper. Accessed 06/06/2022 at https://www.habitat.noaa.gov/apps/efhmapper/?page=page_3.
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 (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
❑ No
X Yes
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Data gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed June 06, 2022. See additional information following PCN.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes
X No
8b. If yes, explain how project meets FEMA requirements:
The project area is located outside of any FEMA designated floodplain.
8c. What source(s) did you use to make the floodplain determination?
ClearWater consulted FEMA FIRM Panel 3700968600J (Eff. 01/06/2010).
R. Clement Riddle
Applicant/Agent's Printed Name
6/9/22
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10
PCN Form Additional Information
Section B.3a Project Description — Land Use
The project area is an approximately 4.13-acre vacant lot. Currently, the site is primarily meadow
with a history of agricultural use. The project area is bordered by residential properties to the
north, commercial properties to the east and west, and Charlotte Highway and Fairview
Elementary School to the south. An unnamed tributary (Class C;Tr) to Cane Creek bisects the
center of the project area and runs approximately west to east. Most of the project site occupies
upland slopes to the north and south of the unnamed tributary to Cane Creek.
Section B.3e Project Description — Details
The project will involve the construction of new storage buildings, attendant features, paved lot,
and parking areas. Access to the facility will require construction of one new access drive that will
enter the property from Charlotte Highway. The development of the storage facility will involve
one permanent stream impact: Impact S1 - 190 L.F. (0.011 Ac) (See Figures 5.1 & 5.2). Impact
S1 is associated with the installation of a 48" HDPE culvert in the unnamed tributary to Cane
Creek. The proposed culvert will connect to an existing piped section of the stream near the
western boundary of the project area. The proposed culvert is required to provide access to the
northern half of the property, provide sufficient paved area between buildings for truck access and
turn radii, as well as to provide adequate area to balance earthwork during grading activities.
Development of the site will occur in a particular sequence, with the proposed culvert installation
and piping of the stream to be completed before the installation of the proposed subsurface
stormwater system (Figures 5.1 & 5.2). See Figure 5.3 for work -in -the -dry and pump around
system details. See Figure 5.4 for embedded culvert details. Typical grading equipment (trackhoe,
dozer, drum -roller, etc.) will be used during the development of the site and will be operated from
high ground.
Section F.7b. Historic or Prehistoric Cultural Resources — Sources
One (1) historic site is located within 0.5-mile of the project site. The historic site is listed as the
Dr. Cicero McAfee McCracken House (BN0525). This site is listed on the National Register. It is
the opinion of ClearWater that project activities will not affect the above listed properties or any
historic properties. Data gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed
June 06, 2022.
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Figure 1
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6/ /2022 10.
Storage \ DWG \Stream Impact
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EXISTING 18" HDPE
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EXISTING 4" P
STORMWATER PI
EXISTING STORMWATE
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EXISTING SEGME TAL
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Existing Conditions
WGLA
Engineering
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EXISTING 18" HD
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INTERCEPT EXISTING 48" HDPE
STORMWATER PIPE WITH
CONCRETE JUNCTION MANHOLE
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PROPOSED CURB
AND GUTTER (TYP)
PROtpSED STORAGE
BUILDI:K (TYP)
PROP SED SUBSURFACE
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PROPOSED 48" HDPE
STORMWATER PIPE
EXISTING
STREAM
PROPOSED PRECAST
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PROPOSED PERMANENT
STREAM IMPACT #1 TO
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(UNNAMED TRIBUTARY
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Job #: 22117
Date: 6-7-22
Scale: 1"=120'
3-4.dwg, 6 7 2022 10.33.58 AM,
Storage\DWG \Stream Impact
F. AUSERS\Jared \Fair
EXISTING 18"
.. STORMWATER PIPE
1
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PE OUTLET
INTERCEPT EXISTING 48" HDPE
STORMWATER PIPE WITH
CONCRETE JUNCTION MANHOLE
EXISTING SEGMENTAL
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Figure 5.2
Impacts Detail
WGLA
Engineering
PROPOSED CURB
AND GUTTER (TYP)
ROPOSED STORAGE
BUILDING (TYP)
PROPOSED SUBSURFACE
RMWATER SYSTEM
SED 48" HDPE
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FAIRVIEW MINI STORAGE
STREAM IMPACT EXHIBIT
FARIVEW, BUNCOMBE CNTY
NORTH CAROLINA
EXHIBIT 4
PROPOSED
CONDITIONS
Job #: 22117
Date: 6-7-22
Scale: 1"=50'
6 7 2022 9.30.40 AM,
Storage\DWG\Stream Impact
F. AUSERSVared\Fair
STREAM PIPING CONSTRUCTION SEQUENCE
1. INSTALL PERIMETER EROSION CONTROL DEVICES AS SHOWN ON
APPROVED EROSION CONTROL PLANS.
2. PREPARE PUMP SYSTEM FOR USE
3. INSTALL INLINE STORMWATER MANHOLE (MANHOLE TO BE PROVIDED
WITH REMOVABLE BAFFLE WALL TO PREVENT WATER FROM
REACHING OUTLET).
4. INSTALL PUMP SYSTEM PULLING WATER FROM INSIDE NEWLY
INSTALLED MANHOLE.
5. INSTALL PROPOSED STORMWATER PIPE.
6. REMOVED BAFFLE WALL.
7. REMOVE PUMP SYSTEM.
PROPERTY LINE
STREAM FLOW
PORTION OF EXISTING
STORMWATER PIPE
TO REMAIN
PROPOSED PRECAST
CONCRETE JUNCTION MANHOLE
INLINE W/ EXISTING PIPE
PORTION OF EXISTING
STORMWATER PIPE
TO BE REMOVED
Figure 5.3
Pump Around
System Detail
WGLA
Engineering
PUMP
PUMP FLOW
PROPOSED 48" HDPE
STORMWATER PIPE
PROPOSED PRECAST
CONCRETE HEADWALL
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RECEIVING STREAM BED)
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FAIRVIEW MINI STORAGE
STREAM IMPACT EXHIBIT
FARIVEW, BUNCOMBE CNTY
NORTH CAROLINA
EXHIBIT 5
PIPING
DETAILS
Job #: 22117
Date: 6-7-22
Scale: AS NOTED
6 7 2022 9.30.54 AM,
Storage\DWG\Stream Impact
F. AUSERS\Jared \Fair
PROPERTY -
LINE
PROPOSED PRECAST
CONCRETE JUNCTION MANHOLE
INLINE W/ EXISTING PIPE
PORTION OF EXISTING
STORMWATER PIPE
TO REMAIN
Figure 5.4
Culvert Installation Detail
WGLA
Engineering
PROPOSED ASPHALT
DRIVE ISLE
PROPOSED 48" HDPE
STORMWATER PIPE
STREAIV PIPING
PROFILE VIEW
N.T.S.
PROPERTY
LINE
PROPOSED
RETAINING WALL
STREAM BED
PROPOSED PRECAST
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724 5th AVENUE
HENDERSONVILLE, NC 28739
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WGLA. COM
NC LICENSE P-1342
FAIRVIEW MINI STORAGE
STREAM IMPACT EXHIBIT
FARIVEW, BUNCOMBE CNTY
NORTH CAROLINA
EXHIBIT 6
PIPING
DETAILS
Job #: 22117
Date: 6-7-22
Scale: AS NOTED
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FEMA Flood Zones
100-Year Floodplain
Minimal Flood Hazard Area (Zone X)
0 500 1,000 2,000
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-DEEm c lgi . -606.06.229EGProject#16363
CLearWater FEMA Flood Zone Map
Buncombe County, An EnviroScience Company FIRM Panel: 3700968600J
North Carolina 145 7th Ave West,Suite B (Eff. 01/06/2010)
Hendersonville,North Carolina 28792 Figure 6
Appendix A:
Federally Protected Species Information
and Habitat Assessment
Roy Cooper, Governor
• ■■■
■■ • NC DEPARTMENT OF
tt ■
■ ■W.. NATURAL AND CULTURAL RESOURCES
• ■■■
June 6, 2022
ClearWater, an EnviroScience Company
ClearWater, an EnviroScience Company
145 7th Avenue West
Hendersonville, NC 28792
RE: Fairview Mini -Storage 16363
Dear ClearWater, an EnviroScience Company:
D_ Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-18180
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
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 found within the project area or is 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:
https://www.fws.gov/offices/Di rectory/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.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are 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 rodney.butler@ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
C) 121 W. JONES STREET. RALEIGH, NC 27603 • 1051 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 919.707.9120 • FAX 919.707.9121
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Fairview Mini -Storage
Project No. 16363
June 6, 2022
NCNHDE-18180
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name
Group
Common Name
Element Accuracy
Observation Occurrence
Date dm Rank
Federal State
Status Status
i
Global State
Rank Rank
Crustacean 40824 Cambarus reburrus French Broad River 2020-06-22
Crayfish
E 3-Medium
Significantly
Rare
G3 S2
Dragonfly or 33442 Calopteryx amata Superb Jewelwing
Damselfly
2004-Pre
No Natural Areas are Documented Within a One -mile Radius of the Project Area
No Managed Areas are Documented Within a One -mile Radius of the Project Area
H?
5-Very
Low
Significantly
Rare
G5 S1S2
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on June 6, 2022; source: NCNHP, Q1, April 2022. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3
June 6, 2022
▪ Buffered Project Boundary
• Project Boundary
NCNHDE-18180: Fairview Mini -Storage
Sources: Esri, Airbus DS. USGS. NGA. NASA, CGIAR. N Robinson. NCEAS,
NLS, OS, NMA, Geodatastyrelseo, Rijkswaterstaat, GSA, Geoland, FEMA,
Intermap and the GIS user community
Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap
contributors, and the GIS User Community
Page 3 of 3
x
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
In Reply Refer To:
Project Code: 2022-0050432
Project Name: 16363 - Fairview Mini -Storage
June 06, 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 enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
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 (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be 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))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other
06/06/2022 2
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines 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. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: hops://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
• Wetlands
06/06/2022 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
(828) 258-3939
06/06/2022 2
Project Summary
Project Code: 2022-0050432
Event Code: None
Project Name: 16363 - Fairview Mini -Storage
Project Type: New Constr - Above Ground
Project Description: Construction of a new storage facility.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.5253722,-82.40999620526026,14z
L
,Itrsf4wY
1.7
Counties: Buncombe County, North Carolina
06/06/2022 3
Endangered Species Act Species
There is a total of 9 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
Fisheriesl, 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
Gray Bat Myotis grisescens Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Reptiles
NAME
Threatened
STATUS
Bog Turtle Glyptemys muhlenbergii
Population: U.S.A. (GA, NC, SC, TN, VA)
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6962
Clams
NAME
Similarity of
Appearance
(Threatened)
STATUS
Appalachian Elktoe Alasmidonta raveneliana
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/5039
Endangered
06/06/2022 4
Insects
NAME
STATUS
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4283
Virginia Spiraea Spiraea virginiana
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1728
White Irisette Sisyrinchium dichotomum
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8097
Lichens
NAME
Rock Gnome Lichen Gymnoderma lineare
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3933
Candidate
STATUS
Endangered
Threatened
Endangered
STATUS
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
06/06/2022 1
USFWS National Wildlife Refuge Lands And Fish
Hatcheries
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 OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
06/06/2022
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act1 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
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
hops://ecos.fws. gov/ecp/species/1626
Bobolink Dolichonyx oryzivorus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Sep 1 to
Aug 31
Breeds May 20
to Jul 31
06/06/2022 2
NAME
Canada Warbler Cardellina canadensis
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Golden -winged Warbler Vermivora chrysoptera
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/8745
Kentucky Warbler Oporornis formosus
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.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
BREEDING
SEASON
Breeds May 20
to Aug 10
Breeds May 1
to Jul 20
Breeds Apr 20
to Aug 20
Breeds May 1
to Jul 31
Breeds May 10
to Sep 10
Breeds May 10
to Aug 31
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
06/06/2022 3
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 ( )
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
Bobolink
BCC Rangewide
(CON)
Canada Warbler
BCC Rangewide
(CON)
Golden -winged
Warbler
BCC Rangewide
(CON)
probability of presence breeding season 1 survey effort — no data
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
+++ t++t + ++ ++++ ++++ ++++ ++I+ +#�+ ++�■ ■■� +—�+
• 11 1II11F
■■ +; 1 1 1 1 1 1 1 1-++ ---- +—�+
++++ ++++ ++++ +III 1111 II++ ++++ ---- +-�+
■■ ■■■V --
.—
II
'f
1 1 1 1 1 1 1 1 1 111 +++1 1111 ++++ ---- +—�+
06/06/2022 4
Kentucky Warbler
BCC Rangewide
(CON)
Prairie Warbler
BCC Rangewide
(CON)
Red-headed
Woodpecker
BCC Rangewide
(CON)
Wood Thrush
BCC Rangewide
(CON)
Mr
- +- - + +++ ++++ ++++ ++++ +++1 A11+ I+++ ++++
.• •••k
- +---- +++-- ++++ - i 1 1 1 1 1 1 1 1 1 i++++ +++11111 ++++
- +-.
- +++- I+++ ++++ +111 nil Ili. 1111 II+' ++++
- +--- +++- ++++ +111111111111111 +1111111 I+++
Additional information can be found using the following links:
• Birds of Conservation Concern hops://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/
collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds hops://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.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
(BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
06/06/2022 5
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
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
06/06/2022 6
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
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.
06/06/2022
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
• Riverine
06/06/2022 2
IPaC User Contact Information
Agency:
Name:
Address:
Address Line
City:
State:
Zip:
Email
Phone:
ClearWater, an EnviroScience Company
Jeff Golladay
145 7th Avenue West
2: Suite B
Hendersonville
NC
28792
jgolladay91@gmail.com
8286989800
Appendix B:
Photolog
'N - ",'44 1
il
a
ha 8og11g0g2 Og:2°
7 vi,t -,,,,,,.-.0.. tt:k7aitialoto.,,,
5.
Photo 1. Typical view of stream to be piped within project area. View east.
,�+. +
� _
w , 1,� 1 w k �� . }ter
x
- .,*4 '-- ''''''.1 , , ''., iN 40-,.. ,-IC":.',--if..'-,,,'''..'t;''''''C4 ..,,,,,„", t• ^--%-:,./t
, rz 4V .,r_ ,1„.4; .„, 1,,,,,,,,.4zo., _� art.` . §t _-
s.
r k J4 : , ,mow ,, q' ..c6
•-•'"''' i-,.,'4- i , '•;444: „0,..../
'4..71- of ie. �. °p t s ,.” P. '4 za .A
xw.
,..y6 e i9 jl
Photo 2. View of existing piped section of stream entering the project site
western boundary.