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HomeMy WebLinkAbout20221249 Ver 1_401 Application_20200318CffPA Transmittal Date: March 11, 2020 Project Name: Montreat Water Line Improvements CDC Project: 21963 NC DWQ #: TBD To: WBSCP Unite NC Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Via: ® Mail ❑ Overnight ❑ Hand Delivered ❑ Pick up @ CDC Office ❑ Digital Copies Date Description 1 5 5 3/11/2020 CDC Cover Letter 2/3/2020 PCN Form 1 / 10/2020 5 3/2/2020 2 3/11/2020 1 3/11/2020 IPaC Endangered Species Report Engineering Plans CD containing digital files Review Fee Check Remarks: Ben Munn, P.E. Mailing Address: P.O. Box 5432, Asheville, NC 28813 168 Patton Avenue Asheville, NC 28801 52 Walnut Street — Suite 9, Waynesville, NC 28786 Phone 828-252-5388 Fax 828-252-5365 Phone: 828-452-4410 Fax: 828-456-5455 CbC1.1111,111111.Ljaign pts, PA March 11, 2020 WBSCP Unite NC Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 RE: Montreat Water Line Improvements CDC Project No.: 21963 DWQ No.: TBD Dear reviewer, On behalf of the Town of Montreat, we are requesting your review and approval of a pre - construction notification form for the subject project. The proposed project consists of; one utility stream crossing, approximately 1,012 linear feet of water line, fire hydrants, and other appurtenances located at 96 Rainbow Terrace in the Town of Montreat. Please find enclosed the following items for your review and approval: • PCN Form • Engineering Drawings If you should have any questions or need any additional information during your review, please do not hesitate to call our office. Sincerely, Be" Munn, P.E. Civil Design Concepts, P.A. BMunn@cdcgo.com Mailing Address: P.O. Box 5432, Asheville, NC 28813 168 Patton Avenue Asheville, NC 28801 52 Walnut Street — Suite 9, Waynesville, NC 28786 Phone 828-252-5388 Fax 828-252-5365 Phone: 828-452-4410 Fax: 828-456-5455 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 404 Permit i3 Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 12 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 1 e. 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 © No ❑ Yes C 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 M No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes 4 No lh. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X No 2. Project Information 2a. Name of project: - Montreat Water Line Improvements 2b. County: Buncombe 2c. Nearest municipality / town: Montreat 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Mountain Retreat Association 3b. Deed Book and Page No. 5809/0540, 1156/0002 3c. Responsible Party (for LLC if applicable): 3d. Street address: PO Box 969 3e. City, state, zip: Montreat, NC 28757 3f. Telephone no.: (828) 669-8002 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: • Agent M Other, specify: Municipality 4b. Name: Barry Creasman 4c. Business name (if applicable): Town of Montreat 4d. Street address: PO Box 423 4e. City, state, zip: Montreat, NC 28757 4f. Telephone no.: 828-669-8002, ext. 304 4g. Fax no.: 4h. Email address: bcreasman@townofmontreat.org 5. Agent/Consultant Information (if applicable) 5a. Name: Ben Munn 5b. Business name (if applicable): Civil Design Concepts 5c. Street address: 168 Patton Ave. 5d. City, state, zip: Asheville, NC, 28801 5e. Telephone no.: 828-252-5388 5f. Fax no.: 828-252-5365 5g. Email address: bmunn@cdcgo.com Page 2 of 10 B. Project information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 0721-00-5981, 0710-63-2329 1 b. Site coordinates (in decimal degrees): Latitude: 35.64 Longitude: -82.31 lc. Property size: 1.3 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Flat Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: French Broad 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: Site is made up of undisturbed forest with an existing gravel logging road stream crossing. Land is generally unused aside for existing well access. 3b. List the total estimated acreage of all existing wetlands on the property: 0.46 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 205 3d. Explain the purpose of the proposed project: The proposed project is a water line extension, connecting the existing water main along Assembly Drive to Montreal Town Hall building. 3e. Describe the overall project in detail, including the type of equipment to be used: Water pipe to be installed below creek bed via mechanical trenching. Creek to be divergted around trenching until the creek bed has been retumed to existing conditions. 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 © No ❑ Unknown Comments: 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: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? III Yes ■ No M Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes lM No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections ❑ Wetlands were completed below for your project (check all that apply): ❑ Open Waters ❑ Pond Construction I • Streams — tributaries ■ Buffers 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 T Excavation Floodplain Pool Yes Corps 0.0005 W2 W3 W4 W5 W6 2g. Total Wetland Impacts: 1 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 T Excavation Flat Creek PER Corps 5 20 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 1 3i. Comments: 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 02 03 04 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 P2 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 MI 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 B2 B3 B4 B5 86 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. Water line follows existing logging road and existing stream ford to avoid multiple Impacts. It also crosses perpendicular to stream in order to minimize length of impact. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Trench width has been minimized for designated pipe size. 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 x No 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: Type: Type: 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: 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 Q 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 M No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ■ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 % 2b. Does this project require a Stormwater Management Plan? • Yes © No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project only consists of Installing underground utilities. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? N/A 3. Certified Local Govemment 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): 0 Phase II ❑ NSW n USMP a Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes tM. 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 M 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 ❑ No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑ Yes X No 1c. 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 M. No 2b. Is this an after -the -fact permit application? ❑Yes 0 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 p 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. 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. No wasteJirater witf be generated from this project. , 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? ❑ No X Yes 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? USFWS IPAC Resource List USFWS Critical Habitat Map 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? USFWS IPAC Resource List 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal govemments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes X No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC State Historic Preservation Map 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ No X Yes 8b. If yes, explain how project meets FEMA requirements: Water line will be installed underground and surface will be restored to existing conditions 8c. What source(s) did you use to make the floodplain determination? FEMA flood map 3710071000J rry Gr'eces"a,h G-- _ _ .,., -//?rrlUv Applicant/Agent's Printed Name 6Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Date Page 10 of 10 1110/2020 IPaC: Explore Location IPaC IPaC resource list U.S. Fish & Wildlife Service This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Buncombe County, North Carolina https://ecos.fws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRNPRCNI4/resources 1/15 1'10/2020 IPaC: Explore Location Local office Asheville Ecological Services Field Office t. (828) 258-3939 fi (828) 258-5330 160 Zillicoa Street Asheville, NC 28801-1082 http://www.fws.gov/nc-es/es/countyfr.html https://ecos.fws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRNPRCNI4/resources 2/15 100/2020 IPaC: Explore Location Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. https://ecos.fws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRNPRCNI4/resources 3/15 1/10/2020 IPaC: Explore Location 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Mammals NAME STATUS Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus Endangered No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2657 Gray Bat Myotis grisescens No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 Reptiles NAME Bog Turtle Clemmys muhlenbergii No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/6962 Clams NAME Endangered Threatened STATUS SAT STATUS https://ecos.fws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRN PRCN I4/resources 4/15 1/10/2020 . IPaC. Explore Location Appalachian Elktoe Alasmidonta raveneliana There is final critical habitat for this species. Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/5039 Arachnids Endangered NAME STATUS Spruce -fir Moss Spider Microhexura montivaga There is final critical habitat for this species. Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/4801 Flowering Plants Endangered NAME STATUS Blue Ridge Goldenrod Solidago spithamaea No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5821 Bunched Arrowhead Sagittaria fasciculata No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/1720 Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/4283 Spreading Avens Geum radiatum No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/6854 Threatened Endangered Endangered Endangered \0\4 https://ecos.fws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRNPRCNI4/resources 5/15 1/.10/2020 , IPaC: Explore Location Virginia Spiraea Spiraea virginiana No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/1728 Lichens NAME Rock Gnome Lichen Gymnoderma lineare No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3933 Threatened STATUS Endangered 11;111:1111116' Critical habitats .0( ‘C) Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Acts and the Bald and Golden Eagle Protection Act-. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: https://ecos.fws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRNPRCNI4/resources 6/15 1/.10/2020 IPaC: Explore Location • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools- and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ 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 (IF A BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH ISAVERY LIBERAL ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. "BREEDS ELSEWHERE" INDICATES THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) https://ecos.fws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRNPRCNI4/resources 7/15 1/?0/2020 , IPaC: Explore Location 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. https://ecos.fws.gov/ecp/species/1626 Canada Warbler Cardellina canadensis This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Cerulean Warbler Dendroica cerulea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/2974 Eastern Whip -poor -will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Kentucky Warbler Oporornis formosus 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. Breeds Sep 1 to Aug 31 Breeds May 20 to Aug 10 Breeds Apr 27 to Jul 2011c4;4:\ 4 0 4 c NO Breeds May 1 to Aug 20 Breeds Apr 20 to Aug 20 Breeds May 10 to Sep 10 Breeds May 10 to Aug 31 https://ecos.fws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRNPRCNI4/resources 8/15 1/10/2020 , IPaC: Explore Location Yellow -bellied Sapsucker sphyrapicus varius This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/8792 Breeds May 10 to Jul 15 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 (a) 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. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season ( ) https://ecos.fws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRNPRCNI4/resources 9/15 1/?0/2020 IPaC: Explore Location 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 (I) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data ( ) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is sr ilk I% 44ampo' currently much more sparse. SPECIES JAN Bald Eagle Non -BCC Vulnerable (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 1.11 activities.) Canada Warbler I i BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) FEB MAR APR MAY probability of presence breeding season 1 survey effort no data JUN JUL AUG SEP OCT NOV DEC https://ecos.fws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRNPRCNI4/resources 10/15 1/10/2020 IPaC. Explore Location Cerulean Warbler + . ++ BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Eastern Whip -poor -will +�++ BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Kentucky Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concem (BCC) throughout its range in the continental USA and Alaska.) Red-headed Woodpecker BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout Its range in the continental USA and Alaska.) -)-++ Wood Thrush +�++ BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Yellow bellied +�.++ +I++ ++++ +-I ! I I I I I Sapsucker BCC - BCR (This is a Bird of ++++ ++++ +4. I I ++++ ++++ +1+1 1-'-+1 ++++ ++++ +++I +-.-+I ++-.-1 ++-.-.- +++++++ ++++ ++++ ++++ +++I +--++ +++-.- +++-.- 1-}11 II• Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA) — I I II ix No Tw --++ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. https://ecos.fws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRNPRCNI4/resources 11/15 1/10/2020 . IPaC: Explore Location Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? https://ecos.fws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRNPRCNI4/resources 12/15 1/J0/2020 IPaC: Explore Location 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 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 https://ecos.iws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRNPRCNI4/resources 13/15 1 /10/2020 IPaC: Explore Location not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ 'Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility vs4 Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. https://ecos.fws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRNPRCNI4/resources 14/15 1/10/2020 IPaC: Explore Location 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. This location overlaps the following wetlands: RIVERINE R5UBH A full description for each wetland code can be found at the National Wetlands Inventory website Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. https://ecos.fws.gov/ipac/location/ZWYYMYR3KBCCTPP6EPRNPRCNI4/resources 15/15