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HomeMy WebLinkAbout20221601 Ver 1_ePCN Application_20221109DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 9/21/2022 BIMS # Assigned* Version#* 20221601 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Asheville Regional Office - (828) 296-4500 Information for Initial Review la. Name of project: Water Plant Access Road la. Who is the Primary Contact?* Alex Lowdermilk What amout is owed?* $240.00 $570.00 Select Project Reviewer* Joey Winston:eads\jbwinston lb. Primary Contact Email:* lc. Primary Contact Phone:* alex.lowdermilk@mcgillassociates.com (828)328-2024 Date Submitted 11/9/2022 Nearest Body of Water Broad River Basin Broad Water Classification WS-IV; CA Site Coordinates Latitude: 35.312376 A. Processing Information County (or Counties) where the project is located: Rutherford Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No Longitude: -81.987297 la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 14 - Linear transportation NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information ld. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: Broad River Water Authority 2b. Deed book and page no.: 947/650, 766/479 2c. Contact Person: Brad Joyner 401 Water Quality Certification - Express Riparian Buffer Authorization 2d. Address Street Address 112 N Main Street Address Line 2 P.O. Box 1269 City State/ Province/ Region Rutherfordton North Carolina Postal / Zip Code Country 28139 United States Yes No Yes No 2e. Telephone Number: (828)286-0640 2f. Fax Number: 2g. Email Address: * bjoyner@ncbrwa.com 4. Agent/Consultant (if applicable) 4a. Name: Alex Lowdermilk 4b. Business Name: McGill Associates, P.A. 4c. Address Street Address 1240 19th Street Lane NW Address Line 2 City State / Province / Region Hickory North Carolina Postal / Zip Code Country 28601 United States 4d. Telephone Number: 4e. Fax Number: (828)328-2024 4f. Email Address: * alex.lowdermilk@mcgillassociates.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Union 2. Project Identification 2a. Property Identification Number: 1644653/1615774/1614246 2b. Property size: 115.03 2c. Project Address Street Address 1661 Baber Road Address Line 2 City State / Province / Region Rutherfordton North Carolina Postal / Zip Code Country 28139 United States 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Broad River 3b. Water Resources Classification of nearest receiving water: * WS-IV; CA 3c. What river basin(s) is your project located in?* Broad 3d. Please provide the 12-digit HUC in which the project is located. 030501050309 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Portions of the project area have been logged and cleared with remaining areas undeveloped forest. Land uses in the vicinity of the project include the existing Broad River Water Plant, low -density residential property, and vacant land. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.0558 4g. List the total estimated linear feet of all existing streams on the property: 393 4h. Explain the purpose of the proposed project:* The purpose of the project is to provide access to a water plant residual reuse site located south of the water plant facility. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * A water plant reuse site is proposed on vacant forested land owned by the Broad River Water Authority located south of the existing water plant. The proposed access road connects the existing water plant and the proposed reuse site. See attached Appendix B - Project Plans. The road will permanently impact 148 linear feet (0.006 Acres) of jurisdictional stream channel (Impacts S1 and S3) and temporarily impact 37 linear feet (0.0012 Acres) of jurisdictional stream channel (Impacts S2 and S4). For approximate impacts see attached Appendix C - Impacts Map. All temporarily disturbed stream beds/stream banks due to construction access will be returned to original conditions and elevations. Temporarily disturbed stream beds to be backfilled using original materials. Temporarily disturbed stream banks to be stabilized with fully biodegradable coir matting and native NC riparian seed mix (See Appendix B - Project Plans - Sheet C-502). Proposed culverts will be countersunk below the stream bed to allow for low flow and passage of aquatic life (See Appendix B - Project Plans - Sheet C-502). Proposed 24" RCP culverts shall be buried 20% of the total diameter below the stream bed. A temporary stream bypass will be installed so work within streams can be accomplished in the dry (See Appendix B - Project Plans - Sheet C-502). Silt fencing shall be used in laydown areas to minimize impacts to streams. A majority of the project area was altered due to clear cutting activities that occurred in the past year. No impacts to the 100-year flood zone are anticipated. No wetland impacts are anticipated. No indirect impacts are anticipated for the proposed project. It is anticipated typical road construction equipment will be used for the project which might include excavators, bulldozers, frontend loaders, skid steers, compactors, dump trucks, and scrapers. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: See Appendix A - PJD Request No Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made? * Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* Alex Lowdermilk McGill Associates, P.A. Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 3. Stream Impacts Buffers 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Road Crossing Permanent Culvert UT-2 To Broad River Intermittent Both 2 Average (feet) 57 (linear feet) S2 Construction Access Temporary Workpad/Causeway UT-2 To Broad River Intermittent Both 2 Average (feet) 25 (linear feet) S3 Road Crossing Permanent Culvert UT-1 To Broad River Intermittent Both 2 Average (feet) 91 (linear feet) S4 Construction Access Temporary Workpad/Causeway UT-1 To Broad River Intermittent Both 2 Average (feet) 12 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 148 3i. Total stream and ditch impacts: 185 3j. Comments: For approximate impacts see attached Appendix C - Impacts Map. E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 37 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Project designed to minimize stream impacts as much as practical. Materials will be stored in upland areas. The proposed road layout is aligned with existing contours to minimize earthworks and land disturbance. The proposed layout also avoids impacts to the existing Wetland A and the 100-year floodplain in the valley bottom. Proposed culverts will be countersunk below the stream bed to allow for passage of aquatic life (See Appendix B - Project Plans - Sheet C-502). 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Various erosion control measures are proposed to minimize water quality impacts including sediment fencing, vegetative stabilization of disturbed areas, pipe inlet protection, grass lined swales with straw wattles, and riprap dissipators. A temporary stream bypass will be installed so work within streams can be accomplished in the dry (See Appendix B - Project Plans - Sheet C-502). 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The project does not exceed thresholds requiring compensatory mitigation for Nationwide Permit 14. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: The project is located in the Broad River basin which does not have a Riparian Buffer Protection program. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * Yes No 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 - No Comments: * The project is located on land owned by the Broad River Water Authority. It is anticipated local funds will be used to build the project. As such, it is anticipated a NEPNSEPA environmental document will not be required for the project. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. The proposed road will dead-end on property owned by the Broad River Water Authority. The project will facilitate additional development of the property for the existing water plant uses, but offsite development is not anticipated as a result of the project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved? * Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Information for Planning and Consultation tool (see Appendix D) On September 21, 2022 environmental specialists from McGill Associates, P.A. conducted a Threatened and Endangered Species survey on the subject property. All Threatened and Endangered Species found on the USFWS IPAC Report were surveyed for and no species occurrences or potential habitat were found within the project area. The subject property has been severely disturbed due to clear cutting activities that occurred prior to the Threatened and Endangered Species Survey. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC Historic Preservation Office HPOWEB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Insurance Rate Map Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document PCN Documentation.pdf File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: 12.45MB • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Alex Lowdermilk Signature Date 11/9/2022 mCgo Shaping Communities Together BROAD RIVER WATER PLANT ACCESS ROAD PRE -CONSTRUCTION NOTIFICATION APPENDICES TABLE OF CONTENTS APPENDIX A — JURISDICTIONAL DETERMINATION APPENDIX A.1— JURISDICTIONAL DETERMINATION REQUEST LETTER APPENDIX A.2 — SIGNED AGENT AUTHORIZATION FORM APPENDIX A.3 — JURISDICTIONAL DETERMINATION REQUEST FORM APPENDIX A.4 — PRELIMINARY ORM DATA ENTRY FORM APPENDIX A.5 — PRELIMINARY JURISDICTIONAL DETERMINATION FORM APPENDIX A.6 — LOCATION MAP APPENDIX A.7 — USGS MAP APPENDIX A.8 — DELINEATION MAP APPENDIX A.9 — USDA NRCS SOIL RESOURCE REPORT APPENDIX A.10 — PHOTOSHEETS APPENDIX A.11— NCDWQ STREAM IDENTIFICATION FORMS AND USACE WETLAND DETERMINATION DATA SHEETS APPENDIX B — PROJECT PLANS APPENDIX C — IMPACTS MAP APPENDIX D — USFWS IPAC REPORT APPENDIX E — NC STATE HISTORIC PRESERVATION OFFICE MAP APPENDIX F — FEMA FLOOD MAP APPENDIX A JURISDICTIONAL DETERMINATION I ( 12 Shaping Communities Together mcgill November 1, 2022 Brandee Boggs Regulatory Specialist US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 RE: Water Plant Access Road Jurisdictional Determination Rutherford County, North Carolina Dear Ms. Boggs: This letter is to request confirmation of a Preliminary Jurisdictional Determination on the referenced sites. The request is based on data, site observations, and a site visit on September 21, 2022. We are requesting confirmation of the jurisdictional limits of S1, S2, and Wetland A on the attached Delineation Map. Included in this letter are the following: • Agent Authorization Form • PJD Request Forms • Location Map • USGS Topographic Map • Delineation Map • Soils Map • Photo Sheets • Stream ID Sheets • Wetland Data Sheets Please include McGill Associates on the copy list of all correspondence for this project. If you have any questions regarding this information, please contact me at 828-328-2024. Sincerely, MCGILL ASSOCIATES, PA ALEX LOWDERMILK Project Manager / Environmental Services P:\2022\22.00127-BroadRivWA-Water Plant Access Road MCGILL ASSOCIATES 1240 19th STREET LANE NW. HICKORY. NC 28601 / 828.328.2024 / MCGILLASSOCIATES.COM ' I' Shaping Communities Together M C J AGENT AUTHORIZATION FORM PROJECT NAME: Water Plant Access Road PROPERTY LEGAL DESCRIPTION: DB: 766, 947 PG: 479, 650 PARCEL ID. 1615774, 1614246, 1644653 STREET ADDRESS: 1661 Baber Road Rutherfordton, North Carolina 28139 Please Print Representative: Broad River Water Authority (If Representative) Title: Brad Joyner (Water Treatment Plant Superintendent) The undersigned do hereby authorize: Alex Lowdermilk of McGill Associates P.A. (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Representative's Address (if different than property above): P.O. Box 1269 Rutherfordton, North Carolina 28139 Telephone: 828-286-0731 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Aut rized Si natu Date: [ -- ZZI z- MCGILL ASSOCIATES 1240 19"' Street Lane NW, Hickory, NC 28601 / 828,328,2024 / MCGILLASSOCIATES.COM urisdictional Determination Reauest US Army Corps of Engineers Wilmington DHStrict This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.g my.mil/Missions/Re ul�atoiyPermitProgram/Contact/Coun!yLocator.aWx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 1661 Baber Road City, State: County: Rutherfordton, North Carolina 28139 Rutherford Parcel Index Number(s) (PIN): 1615774, 1614246, 1644653 B. REQUESTOR INFORMATION Name: Alex Lowdermilk Mailing Address: 1240 19th Street Lane NW Hickory, NC 28601 Telephone Number: 828-328-2024 Electronic Mail Address: alex.lowdermilk@mcgillassociates.com Select one: ❑ I am the current property owner. ✓❑ I am an Authorized Agent or Environmental Consultant) ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: Broad River Water Authority (Brad Joyner - Water Treatment Plant Superintendent) Mailing Address: P.O. Box 1269 Rutherfordton, North Carolina 28139 Telephone Number: 828-286-0731 Electronic Mail Address: bjoyner@ncbrwa.com ' Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Alex Lowdermilk Print Name Capacity: ❑ Owner Z Authorized Agent' 10/24/2022 Date ,K&- Z Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑✓ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One) ❑✓ I am requesting that the Corps provide a preliminM JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the I I review area. ✓❑ Size of Property or Review Area 9.131 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 35.312376 Longitude:-81.987297 zA legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatoiy-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request F4Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDS• please complete an Approved Jurisdictional Determination Forma W1 Vicinity Map Aerial Photograph z USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) zLandscape Photos (if taken) 0 NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑✓ NC Division of Water Resources Stream Identification Forms �J Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02 App A Prelim JD_ Form_fillable.pdf s Please see http://www.saw.usace.4M.mil/Missions/ReaWatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Preliminary ORM Data Entry Fields for New Actions ACTION ID 9: SAW- Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Water Plant Access Road 2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: The Broad River Water Authority are planning to construct an access road adjacent to the Water Plant. The access road will connect to Baber Road in Rutherfordton, North Carolina. 4. Property Owner / Applicant [PCN Form A3 or A4] : Broad River Water Authority (Brad Joyner - Water Treatment Plant Superintendent) 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Alex Lowdermilk, McGill Associates, P.A. 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 35.312376,-81.987297 8. Project Location —Tax Parcel ID [PCN Form Bla]: 1615774, 1614246, 1644653 9. Project Location — County [PCN Form A2b]: Rutherford 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Rutherfordton, NC 11. Project Information —Nearest Waterbody [PCN Form 132a]: Broad River 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03050105 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: Standard Permit ✓ Nationwide Permit 9 Regional General Permit 9 Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 10/24/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Alex Lowdermiik, McGill Associates P.A., 124019th street Lane NW Hickory, NC28601 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Rutherford City: Rutherfordton Center coordinates of site (lat/long in degree decimal format): Lat.: 35.312376 Long.:-81.987297 Universal Transverse Mercator: 410249.75, 3908132.27, 17S Name of nearest waterbody: Broad River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ■❑ Office (Desk) Determination. Date: 10/24/2022 ■❑ Field Determination. Date(s): 9/21/2022 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) BroadRive) 35.312155 -81.987286 0.0209 Acres Non -Wetland Waters 404 B oadRve) 35.311628 -81.988336 0.0052 Acres Non -Wetland Waters 404 Wetland A 35.312170 -81.987694 0.0558 Acres Wetland Waters 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Location, Soil, USGS, Delineation ❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑■ U.S. Geological Survey map(s). Cite scale & quad name: Rutherfordton South, NC 1=500' ❑■ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑■ Photographs: ❑■ Aerial (Name & Date): 2022 - Microsoft Bing or ❑■ Other (Name & Date): 9/21 /2022 ❑ Previous determination (s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD 10/24/2022 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. } 2 L ± \ 7 / 7 2 E ON—, o / \ ( 2 / j 7 I ] j k Z . 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BROAD RIVER WATER AUTHORITY - RUTHERF•-■ COUNTY,•-CAROLINA • '+„•.�'r : "' � • 4A'~ .p ti •- ... "y 14 37 Photo Five: View looking upstream at S2 within Photo Six: View looking downstream at S2 the project area. within the project area. E' All '�J `:��' - P- 3 aitY .:a,y-�i14:r n�'' .w= . end - . �'. ,ry•r pw�r �, y-- d.^7:tj�y_.., R.,�."•irr^:C Y4{'�4�=. .Ly .F���;.}� � 'mow /. r �; > �lov,��1 • ,:. •, - I _� Photo Seven: View looking at S2 outside of Photo Eight: View looking west at Wetland A the project area, but within the subject within the project area. property. DATE 10i24i2022 WATER PLANT ACCESS ROAD SHEET 124019th Street Lane NW Hickory, NC 28601 828.328.2024 MC BROAD RIVER WATER AUTHORITY PHOTOSHEET PROJECT # zz 00127 NC FiLicense#C-0459 l nn 2 RUTHERFORD COUNTY, NORTH CAROLINA mcgillassociates.com PROJECT MANAGER SB V4 B GIs r.' IT� � pw ~I s Photo Nine: View looking at hydrology found Photo Ten: View looking north at Wetland A within Wetland A in the project area. within the project area. •� , r Ry l ::1• r Photo Eleven: View looking west at Wetland A within the project area. DATE 10/24i2022 WATER PLANT ACCESS ROAD SHEET 124019th Street Lane NW Hickory, NC 28601 1'Y1C .28.329.2024 NC Finn License#C-0459 BROAD RIVER WATER AUTHORITY PHOTOSHEET 3 PROJECT # zz 00127 PROJECT MANAGER RUTHERFORD COUNTY, NORTH CAROLINA mcgillassociates.com SB Date: Project/Site Latitude 9/21/2022 Water Plant Access Road 35.312155 Evaluator: County: Longitude: Alex Lowdermilk Rutherford -81.987286 Stream Determination Other Total Points: 25.50 INTERMITTENT S1 (UT-1 To Broad River) A. Geomorphology Subtotal = 11.00 Absent Weak Moderate Strong 1. Continuity of bed and bank ----- ----- 2 ----- 2. Sinuosity of Channel Along Thalweg ----- 1 ----- ----- 3. In -channel structure: ex. Riffle -pool, step -pool, ripple-pool sequence ----- ----- 4. Particle size of stream substrate 0 ----- ----- ----- 5. Active/relic floodplain ----- 1 6. Depositional bars or benches ----- 1 ----- ----- 7. Recent alluvial deposits ----- 1 ----- ----- 8. Headcuts 0 ----- ----- 9. Grade Control ----- 0.5 ----- ----- 10. Natural Valley ----- 0.5 ----- ----- 11. Second or greater order channel No= ----- Yes= 3 B. Hydrology Subtotal= 9.00 12. Presence of Baseflow ----- 1 ----- ----- 13. Iron oxidizing bacteria ----- ----- ----- 3 14. Leaf litter ----- 1 ----- ----- 15. Sediment on plants or debris ----- 0.5 16. Organic debris lines or piles ---- 0.5 17. Soil -based evidence of high water table? No= ----- Yes= 3 C. Biology Subtotal= 5.50 18. Fiborous roots in streambed ----- 2 ----- ----- 19. Rooted upland plants in streambed 3 ----- ----- ----- 20. Macrobenthos (note diversity and abundance) 0 ----- ----- ----- 21. Aquatic mollusks 0 ----- ----- ----- 22. Fish 0 ----- ----- ----- 23. Crayfish 0 ----- ----- ----- 24. Amphibians ----- 0.5 ----- ----- 25. Algae 0 ----- ----- ----- 26. Wetland plants in streambed I FACW= ------1 OBL= ---- Other= 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Note: Sheet sourced from NCDWQStream ID Form Date: Project/Site Latitude 9/21/2022 Water Plant Access Road 35.311628 Evaluator: County: Longitude: Alex Lowdermilk Rutherford -81.988336 Stream Determination Other Total Points: 21.50 INTERMITTENT S2 (UT-2 To Broad River) A. Geomorphology Subtotal = 10.00 Absent Weak Moderate Strong 1. Continuity of bed and bank ----- ----- 2 ----- 2. Sinuosity of Channel Along Thalweg ----- 1 ----- ----- 3. In -channel structure: ex. Riffle -pool, step -pool, ripple-pool sequence ----- ----- 4. Particle size of stream substrate ----- ----- 2 ----- 5. Active/relic floodplain ----- 1 ----- 6. Depositional bars or benches ----- 1 ----- ----- 7. Recent alluvial deposits 0 ----- ----- ----- 8. Headcuts ----- 1 ----- 9. Grade Control ----- 0.5 ----- ----- 10. Natural Valley ----- 0.5 ----- ----- 11. Second or greater order channel No= 0 Yes= ----- B. Hydrology Subtotal= 5.00 12. Presence of Baseflow ----- ----- 2 ----- 13. Iron oxidizing bacteria ----- 1 ----- ----- 14. Leaf litter 1.5 ----- ----- ----- 15. Sediment on plants or debris 0 ----- 16. Organic debris lines or piles ---- 0.5 17. Soil -based evidence of high water table? No= 0 Yes= ----- C. Biology Subtotal= 6.50 18. Fiborous roots in streambed ----- 2 ----- ----- 19. Rooted upland plants in streambed 3 ----- ----- ----- 20. Macrobenthos (note diversity and abundance) ----- 1 ----- ----- 21. Aquatic mollusks 0 ----- ----- ----- 22. Fish 0 ----- ----- ----- 23. Crayfish 0 ----- ----- ----- 24. Amphibians ----- 0.5 ----- ----- 25. Algae 0 ----- ----- ----- 26. Wetland plants in streambed I FACW= ------1 OBL= ---- Other= 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Note: Sheet sourced from NCDWQStream ID Form U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Water Plant Access Road City/County: Rutherford Sampling Date: 9/21/2022 Applicant/Owner: Broad River Water Authority State: NC Sampling Point: WA -IN Investigator(s): Alex Lowdermilk Section, Township, Range: Landform (hillside, terrace, etc.): Local relief (concave, convex, none): Concave Slope (%): 0-1 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.312170 Long:-81.987694 Datum: WGS84 Soil Map Unit Name: Madison Clay Loam NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _Surface Soil Cracks (136) X Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) X High Water Table (A2) —Hydrogen Sulfide Odor (Cl) X Drainage Patterns (1310) X Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) _Water Marks (131) _Presence of Reduced Iron (C4) _Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) X Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 2 Water Table Present? Yes X No Depth (inches): 0 Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: WA -IN Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Platanus occidentalis 5 No FACW Number of Dominant Species 2. Acer rubrum 20 Yes FAC That Are OBL, FACW, or FAC: 6 (A) 3. Liquidambarstyraciflua 10 Yes FAC Total Number of Dominant 4. Fagus grandifolia 15 Yes FACU Species Across All Strata: 8 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 75.0% (A/B) 7. Prevalence Index worksheet: 50 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 25 20% of total cover: 10 OBL species 35 x 1 = 35 Saplinq/Shrub Stratum (Plot size: 15 ) FACW species 58 x 2 = 116 1. Ilex opaca 5 No FACU FAC species 75 x 3 = 225 2. Liquidam bar styraciflua 10 No FAC FACU species 70 x 4 = 280 3. Acer rubrum 15 No FAC UPL species 0 x 5 = 0 4. Ligustrum sinense 50 Yes FACU Column Totals: 238 (A) 656 (B) 5. Prevalence Index = B/A = 2.76 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is <_3.0' 80 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 40 20% of total cover: 16 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Juncus effusus 10 No FACW 'Indicators of hydric soil and wetland hydrology must be 2. Sedge Spp. 20 Yes FACW present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Persicaria punctata 35 Yes OBL 4. Woodwardia areolata 8 No FACW Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Eutrochium Spp. 15 No FACW more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub -Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 88 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 44 20% of total cover: 18 height. Woody Vine Stratum (Plot size: 5 ) 1. Vitis rotundifolia 10 Yes FAC 2. Smilax rotundifolia 10 Yes FAC 3. 4. 5. Hydrophytic 20 =Total Cover Vegetation 50% of total cover: 10 20% of total cover: 4 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0 SOIL Sampling Point: WA -IN Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-7 10YR 5/1 100 Loamy/Clayey 7-12 10YR 5/1 60 Loamy/Clayey 10 YR 4/3 Mixed in sample 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) —Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al 2) —Sandy Mucky Mineral(S1) —Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) —Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) —Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) X Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions(F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) _ Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) —Coast Prairie Redox (A16) (MLRA 147, 148) —Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Water Plant Access Road City/County: Rutherford Sampling Date: 9/21/2022 Applicant/Owner: Broad River Water Authority State: NC Sampling Point: WA -OUT Investigator(s): Alex Lowdermilk Section, Township, Range: Landform (hillside, terrace, etc.): Local relief (concave, convex, none): Slope (%): 0-3 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.312196 Long:-81.987835 Datum: WGS84 Soil Map Unit Name: Madison Clay Loam NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (B16) _Water Marks (131) _Presence of Reduced Iron (C4) _Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: WA -OUT Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Ilex opaca 10 No FACU Number of Dominant Species 2. Liriodendron tulipifera 10 No FACU That Are OBL, FACW, or FAC: 2 (A) 3. Liquidam bar styraciflua 5 No FAC Total Number of Dominant 4. Fagus grandifolia 30 Yes FACU Species Across All Strata: 7 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 28.6% (A/B) 7. Prevalence Index worksheet: 55 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 28 20% of total cover: 11 OBL species 0 x 1 = 0 Saplinq/Shrub Stratum (Plot size: 15 ) FACW species 0 x 2 = 0 1. Ilex opaca 10 Yes FACU FAC species 30 x 3 = 90 2. Fagus grandifolia 25 Yes FACU FACU species 115 x 4 = 460 3. Liriodendron tulipifera 5 No FACU UPL species 0 x 5 = 0 4. Ligustrum sinense 10 Yes FACU Column Totals: 145 (A) 550 (B) 5. Prevalence Index = B/A = 3.79 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is !2.0' 50 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 25 20% of total cover: 10 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Polystichum acrostichoides 15 Yes FACU 'Indicators of hydric soil and wetland hydrology must be 2. Solidago spp. 10 Yes FAC present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub -Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 25 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 13 20% of total cover: 5 height. Woody Vine Stratum (Plot size: 5 ) 1. Vitis rotundifolia 15 Yes FAC 2. 3. 4. 5. Hydrophytic 15 =Total Cover Vegetation 50% of total cover: 8 20% of total cover: 3 Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0 SOIL Sampling Point: WA -OUT Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-12 5YR 5/6 100 Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) —Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al 2) —Sandy Mucky Mineral(S1) —Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) —Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) —Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions(F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) _ Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) —Coast Prairie Redox (A16) (MLRA 147, 148) —Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. 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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 10/31/2022 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: https://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 10/31/2022 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 10/31/2022 Project Summary Project Code: 2023-0010798 Project Name: Broad River Water Plant Access Road Project Type: Wastewater Facility - New Construction Project Description: The project involves a new access road for a water plant residual beneficial reuse site. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.31143405,-81.98913958457767,14z , I!'.1 Jr Counties: Rutherford County, North Carolina d 10/31/2022 3 Endangered Species Act Species There is a total of 7 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Indiana Bat Myotis sodalis Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/5949 Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 Reptiles NAME STATUS Bog Turtle Glyptemys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https:Hecos.fws.gov/ecp/species/6962 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 10/31/2022 Flowering Plants NAME Dwarf -flowered Heartleaf Hexastylis nani flora No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2458 Small Whorled Pogonia Isotria medeoloides Population: No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1890 Lichens NAME Rock Gnome Lichen Gymnoderma lineare No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3933 4 STATUS Threatened Threatened STATUS Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 10/31/2022 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. 10/31/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug 25 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. 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 10/31/2022 FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( 1) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) 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. 0 probability of presence breeding season I survey effort — no data 10/31/2022 3 SPECIES Chimney Swift BCC Rangewide (CON) JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --111II�■III■IIII Red-headed Woodpecker ---- —'-- BCC Rangewide (CON) Additional information information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librq�r/ • Nationwide conservation measures for birds https://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 list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL,) Tool. 10/31/2022 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 or migrating in my 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 query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. 10/31/2022 5 Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC 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. 10/31/2022 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. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA. 10/31/2022 IPaC User Contact Information Agency: McGill Associates, P.A. 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