HomeMy WebLinkAbout20221615 Ver 1_ePCN Application_20221111DWR
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:
9/19/2022
BIMS # Assigned* Version#*
20221615 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:
Wastewater Treatment Plant Access Road
la. Who is the Primary Contact?*
Jonathan Herman
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Amy Annino:eads\amannino
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
jonathan.herman@mcgillassociates.com (828)328-2024
Date Submitted
11/11/2022
Nearest Body of Water
Richland Creek
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.536 -82.956
A. Processing Information
County (or Counties) where the project is located:
Haywood
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
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:
see Property Owner Information Table
2b. Deed book and page no.:
see Property Owner Information Table
2c. Contact Person:
Rob Hites
401 Water Quality Certification - Express
Riparian Buffer Authorization
2d. Address
Street Address
see Property Owner Information Table
Address Line 2
see Property Owner Information Table
City State / Province / Region
see Property Owner Information Table see Property Owner Information Table
Postal / Zip Code Country
see Property Owner Information Table see Property Owner Information Table
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(828)452-2491
2g. Email Address:*
rhites@waynesvillenc.gov
3. Applicant Information (if different from owner)
3a. Name:
Rob Hites
3b. Business Name:
Town of Waynesville
3c. Address
Street Address
16 South Main Street
Address Line 2
City
Waynesville
Postal / Zip Code
28786
3d. Telephone Number:
(828)452-2491
3f. Email Address: *
rhites@waynesvillenc.gov
4. Agent/Consultant (if applicable)
4a. Name:
Jonathan Herman
4b. Business Name:
McGill Associates, P.A.
4c. Address
Street Address
1240 19th Street Lane NW
Address Line 2
City
Hickory
Postal / Zip Code
28601
4d. Telephone Number:
(828)328-2024
4f. Email Address: *
jonathan.herman@mcgillassociates.com
C. Project Information and Prior Project History
State / Province / Region
North Carolina
Country
Unites States
3e. Fax Number:
State / Province / Region
North Carolina
Country
Unites States
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Waynesville, NC
2. Project Identification
2a. Property Identification Number: 2b. Property size:
see Property Owner Table see Property Owner Table
2c. Project Address
Street Address
see Property Owner Table
Address Line 2
see Property Owner Table
City State / Province / Region
see Property Owner Table see Property Owner Table
Postal / Zip Code Country
see Property Owner Table see Property Owner Table
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Richland Creek
3b. Water Resources Classification of nearest receiving water: *
C
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101060202
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The project is located north of Lake Junaluska. The project work crosses several parcels. The parcel owned by Haywood County is occupied by the Smoky Mountain Event Center. The
parcel owned by John Jaynes is open land and mostly used for agriculture and typical residential uses. On the western part of both parcels is Richland Creek. Richland Creek runs south
into Lake Junaluska coming from the Pigeon River to the north. Most of the project area appears to drain from the southeast to the northwest towards Richland Creek with a cross slope of
approximately 8%. Currently the only access to the WWTP site is from Walnut Trail Road which requires the use of a small bridge across Richland Creek.
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:
0.00
4g. List the total estimated linear feet of all existing streams on the property:
479
4h. Explain the purpose of the proposed project: *
The purpose of the project is to provide a new access road that can accommodate larger vehicles and loads to the existing Waynesville wasterwater treatment plant (WWTP). The WWTP
is under a Special Order by Consent with NCDEQ and had 18 Notices of Violation and Intent to Assess Civil Penalties between 2017 and January 2019 related to exceedance of BODs,
Fecal Coliform, and Total Suspended Solids. Plans have been developed to address these issues by upgrading the WWTP which will require construction access to the site. It has been
determined that the Walnut Trail bridge crossing Richland Creek cannot support construction truck traffic and equipment deliveries. Consideration was given to upgrading this bridge, but it
was determined this option was cost -prohibitive and would create significant delays in addressing the WWTP issues. As such, it was determined the best option was to create an extension
of an existing road on property owned by Haywood County that does not cross Richland Creek.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project consists of a new 18' wide gravel road which will connect an existing access road on Haywood County property to Walnut Trail Road which will allow traffic to the
WWTP to avoid the use of a small bridge not able to support large vehicles and loads. Approximately 2 acres of disturbance is anticipated for the project. The project will temporarily
impact 38 linear feet for stream channel for construction access and permanently impact 105 linear feet of stream channel for the installation of a culvert. The pipe will likely increase
stream velocity and peak discharge downstream which can increase the likelihood of flooding, bank erosion, and sedimentation in the stream. Three other culverts are proposed under the
proposed road which may affect drainage patterns and concentrate runoff to Richland Creek. Outlet protection is proposed at each of these culverts. No impervious surfaces are proposed
as a part of the project. Equipment likely to be used includes excavators, bulldozers, frontend loaders, dump trucks, skid -steers, road graders, and cranes.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
A jurisdictional determination request is provided in Appendix A.
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:
Jonathan Herman and Jon Swaim
McGill Associates, P.A.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
3. Stream Impacts
Streams -tributaries
Pond Construction
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
Temporary
Workpad/Causeway
Stream A
Perennial
Both
4
Average (feet)
31
(linear feet)
S2
Road Crossing
Permanent
Culvert
Stream A
Perennial
Both
4
Average (feet)
105
(linear feet)
S3
Road Crossing
Temporary
Workpad/Causeway
Stream A
Perennial
Both
4
Average (feet)
7
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
105
3i. Total stream and ditch impacts:
143
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
38
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Consideration was given to avoiding proposed impacts by upgrading the existing Walnut Trail bridge so Walnut Trail could be used to access the WWTP,
but this alternative was determined to be infeasible due to cost and time constraints. The proposed culvert was designed to be countersunk to allow for
safe passage of aquatic organisms. Streambanks will be stabilized with biodegradable matting and native vegetation. Outlet protection will be provided
at culvert outlets to minimize erosion.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A pump -around diversion of Stream A will be used during culvert installation so work can be completed in the dry. Sediment fence will be installed to
control erosion from disturbed areas.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed project does not exceed any thresholds in Nationwide Permit 14 that require compensatory mitigation.
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 French Broad river basin which has no NC Riparian Buffer Protection Rules.
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: *
It is anticipated local funds not requiring compliance with the NEPA or SEPA will be used to fund 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 project will improve access to an existing wastewater treatment facility. McGill Associates is not aware of any plans for development of adjacent
properties 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 IPac Tool
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 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 State Historic Preservation Office HPOWEB mapping was consulted for historic resources. No archeological studies or surveys have been
conducted as a part of this project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
Coordination with Haywood County is underway regarding a floodplain development permit.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Insurance Rate Map Panel 8627
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 Appendices Final.pdf
File must be PDF or KMZ
Comments
Further information is provided in the attached Appendices.
Signature
15.78MB
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Jonathan M. Herman
Signature
Date
11/11/2022
mcgdl
Shaping Communities Together
WAYNESVILLE WASTEWATER TREATMENT PLANT ACCESS ROAD
PRE -CONSTRUCTION NOTIFICATION APPENDICES
TABLE OF CONTENTS
APPENDIX A —JURISDICTIONAL DETERMINATION
APPENDIX A.1—JURISDICTIONAL DETERMINATION REQUEST FORM
APPENDIX A.2 — PROPERTY OWNER INFORMATION TABLE
APPENDIX A.3 — AGENT AUTHORIZATION FORM
APPENDIX A.4 — PRELIMINARY JURISDICTIONAL DETERMINATION FORM
APPENDIX A.5 — PRELIMINARY ORM DATA ENTRY FORM
APPENDIX A.6 —LOCATION MAP
APPENDIX A.7 — USDA NRCS SOIL RESOURCE REPORT
APPENDIX A.8 — DELINEATION MAP
APPENDIX A.9 — PHOTOSHEETS
APPENDIX A.10 — NCDWQ STREAM IDENTIFICATION FORMS
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
mcgdl
Shaping Communities Together
WAYNESVILLE WASTEWATER TREATMENT PLANT ACCESS ROAD
►11
JURISDICTIONAL DETERMINATION
TABLE OF CONTENTS
APPENDIX A.1—JURISDICTIONAL DETERMINATION REQUEST FORM
APPENDIX A.2 — PROPERTY OWNER INFORMATION
APPENDIX A.3 — AGENT AUTHORIZATION FORM
APPENDIX A.4 — PRELIMINARY JURISDICTIONAL DETERMINATION FORM
APPENDIX A.5 — PRELIMINARY ORM DATA ENTRY FORM
APPENDIX A.6 —LOCATION MAP
APPENDIX A.7 — USDA NRCS SOIL RESOURCE REPORT
APPENDIX A.8 — NATIONAL WETLAND INVENTORY MAP
APPENDIX A.9 — DELINEATION MAP
APPENDIX A.10 — PHOTOSHEETS
APPENDIX A.11— NCDWQ STREAM IDENTIFICATION FORMS
APPENDIX A.1
JURISDICTIONAL DETERMINATION REQUEST FORM
Jurisdictional Determination Request
US Army Corps
of Engineers
W i lm ing[on Oksf ncl
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:llwww.saw.usace.army.miUMissions/Re ,ulatolyPerynitPro�,,ram/Contact/CountyLocator.ast)
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, Ruum 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
WILN NGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 29403
General Number: 910-251-463 3
Fax Number: (910) 251-4025
All requesters 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 J D 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 NCDOTIUSACE 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 I
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: see Property Owner Information (App. A.2)
City, state: see Property Owner Information (App. A.2)
County: see Property Owner Information (App. A.2)
Parcel Index Number(s) (PIN): see Property Owner Information
(Appendix A.2)
B. REQUESTOR INFORMATION
Name: Jonathan Herman
Mailing Address: 1240 19th St. Lane NW
Hickory, NC 28601
Telephone Number: 828-328-2024
Electronic Mail Address: jonathan.herman@rncgillassociates.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: see Property Owner Information (App ❑ J)
m
Mailing Address: see Property Owner Information (App. A.2)
see Property Owner Information (App. A.2)
Telephone Number: see Property Owner Information (App. A.2)
Electronic Mail Address: see Property Owner Information (App. A.2)
' Must provide completed Agent Authorization Form/Letter.
Documentation of ownership also needs to be provided with request (copy of Deed, County GISIParcel/ Tax Record).
Version. May 2017 Page 2
jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',`
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.
Jonathan Herman
Print Name
Capacity: ❑ Owner 0 Authorized Agent'
10/17/22
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a project or 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 j urisdictional aquatic resources and as an initial step in a future permitting
rocess.
�(I I intend to construct/develop a project or 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 -
For NCDOT requests following the current NCDOT/CJSACE protocols, skip to Part E.
If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Veni❑n: May 2017 Page 3
Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
I am requesting that the Corps provide a preliminary 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 annroved 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. 33 I.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
review area.
❑ Size of Property or Review Area 1.85 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Veni❑n. May 2017 Page 4
jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
FA
Project Coordinates (Decimal Degrees): Latitude: 35.536468
Longitude:-82•956151
❑� A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 1 I x 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 Forma 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 Nan -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)
b Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. http:/1www.saw. usace.army.miINissions/Regulatory-Persnit-
P ro Ana nVJuri sdi ctionl
Version: May 2017 Page 5
jurisdictional Determination Request
Completed 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
Vicinity Map
❑ Aerial Photogi-aph
P1 USGS Topographic Map
Z Soil Survey Map
Other Maps, as appropriate (e_g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation reaps, LIDAR maps, FEMA floodplain maps)
❑� Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
www.sa",.tisace.army.iuil/Potials/59/does/regLilatory/regdoes/JD/RGL_08-02 Apt) A Prelim JD Form
' Please sec littp://www.saw.usace.anny.mil/Missions/Rcgtilatoiy-Permit-ProgranVJttrisdictionl
Principal Purpose: The information that you provide will be used fit 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, mid 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 web site
and on the Headquarters USAGE websitc.
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
APPENDIX A.2
PROPERTY OWNER INFORMATION
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APPENDIX A.3
AGENT AUTHORIZATION FORM
FA
me'II Shaping Communities Together
AGENT AUTHORIZATION FORM
PROJECT NAME: Waynesville Wastewater Treatment Plant Access Road
PROPERTY LEGAL DESCRIPTION: Le al Reference Book 468 Page 249• Le al Reference Book 475 Pacle
632: Legal Reference Book 458, Page 142
PARCEL ID.: PIN# 8627-22-8845: PIN# 8527-44-3164,PIN# 8627-33-6989
STREET ADDRESS: 758 Crabtree Road Waynesville, NC 28785 and unaddressed ❑arcels
located off of Walnut Trail Road
EASEMENT OWNER/REPRESENTATIVE: Town of Waynesville Rob Hites
(IF REPRESENTATIVE) TITLE: Town Manager
The undersigned do hereby authorize:
Jon Swaim & Jonathan Herman, of McGill Associates P.R.
(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 ail standard and special conditions attached,
Representative's Address of different than property above):
16 South Main Street
P.O. Box 100
Waynesville, NC 28786
We hereby certify the above information submitted in this application is true and accurate to the best of our
knowledge.
Authorized Signature Date:
MCULL AGSOCIAM 1240 19111 Street Zane NVV, "ir kory, NC 20601 r 820-32820231 MCGiLLASSMA T E&COM
APPENDIX A.4
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION ❑ATE FOR PJD: 10/21 /2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jonathan Herman
1240 19th Street Lane, Hickory, NC 28601
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO ❑OCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Haywood City: Waynesville, NC
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.536468 Long.:-82.956151
Universal Transverse Mercator:
Name of nearest waterbody: Richland Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑■ Office (Desk) Determination. ❑ate:
❑■ Field Determination. ❑ate(s): 6/16/22 & 10/12/22
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)
Stream A
35.53608999
-82.95616307
400 L. F.
Non -wetland waters
Section 404
Stream B
35.53646811
-82.95647148
79 L. F.
Non -wetland waters
Section 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 J❑ (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 rattier 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 fife. 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:Delineation Map
❑ 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:
■❑ Natural Resources Conservation Service Soil Survey. Citation:
■❑ National wetlands inventory map(s). Cite name:
❑ Statellocal wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
■❑ Photographs: ❑ Aerial (Name & Date):
or ❑■ Other (Name & Date):
❑ 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
10117122
Sign
person requesting t-ju
(REQUIRED, unless obtaining
the signature is impracticable)'
1 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.
APPENDIX A.5
PRELIMINARY ORM DATA ENTRY FORM
Preliminary ORM Data Entry Fields for New Actions
FAX4acola If -- '%:W:A
Prepare file folder ❑
Begin Date (Date Received):
Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]. Waynesville Wastewater Treatment Plant Access Road
2. Work Type: ❑Private ❑Institutional ❑►/ Government ❑ Commercial
3, Project Description / Purpose [PCN Form B3d and B3e]:
The project consists of a new access road to the existing Waynesville WWTP. The WWTP is under a Special order by Consent with NCl7FQ and had 18 Notices of
Violation and Intent to Assess Civil Penalty between 2017 and January 2019 related to exceedance of BODs, Fecal Coliform, and Total suspended solids. flans have
been developed to address these issues by upgrading the WWTP which will require construction access to the site. It has been determined that the Walnut Trail bridge
crossing Richland Creek cannot support construction truck Ira iYic and equipment deliveries. Consideration was given to upgrading this bridge, but it was determined this
option was cost -prohibitive and would create significant delays in addressing the WWTP issues. As such, it was determined the best option was to create an extension of
an existing road on property owned by Haywood County that does not cross Richland Creek.
4. Property Owner / Applicant [PCN Form A3 or A41: Town of Waynesville
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
McGill Associates, P.A.
b. Related Action ID Number(s) [PCN Form B5b1:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Farm B 1 b] :
Coordinates: 35.536468,-82.956151
8. Project Location —Tax Parcel ID [PCN Form BIa]: PIN. 8627-22-8845, 8627-44-3164, 8627-33-6989
9. Project Location —County [PCN Form A2b]: Haywood
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Waynesville
11. Project Information — Nearest Waterbody [PCN Form B2a]: Richland Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: 06010106
Authorization: Section 10 ❑ Section 404 ❑�
Regulatory Action Type:
dStandard Permit
►� Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request
Section 10 and 404 ❑
Pre -Application Request
Unauthorized Activity
❑Compliance
No Permit Required
Revised 20150602
APPENDIX A.6
LOCATION MAP
Z
PLAN
1000 0 500 1000 2000
GRAPHIC SCALE DIVISION VALUE = 1000 FEET
zw
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DATE WASTERWATER TREATMENT PLANT FIGURE
10m2022 ACCESS ROAD
124019thStreet111e11 PROJECT# TOWN OF WAYNESVILLE
Hickory, NC2as01 USGS LOCATION MAP
aza.3zazoza 19.00330
NC FIrm Lcense ii C-oa59 PROJECT MANAGER
mcgillassociates.com MIKE DOWD HAYWOOD COUNTY, NORTH CAROLINA
APPENDIX A.7
USDA NRCS SOIL RESOURCE REPORT
USDA United States
Department of
Agriculture
N RCS
Natural
Resources
Conservation
Service
A product of the National
Cooperative Soil Survey,
a joint effort of the United
States Department of
Agriculture and other
Federal agencies, State
agencies including the
Agricultural Experiment
Stations, and local
participants
Custom Soil Resource
Report for
Haywood County
Area, North
Carolina
Waynesville Wastewater
Treatment Plant Access Road
October 10, 2022
Preface
Soil surveys contain information that affects land use planning in survey areas.
They highlight soil limitations that affect various land uses and provide information
about the properties of the soils in the survey areas. Soil surveys are designed for
many different users, including farmers, ranchers, foresters, agronomists, urban
planners, community officials, engineers, developers, builders, and home buyers.
Also, conservationists, teachers, students, and specialists in recreation, waste
disposal, and pollution control can use the surveys to help them understand,
protect, or enhance the environment.
Various land use regulations of Federal, State, and local governments may impose
special restrictions on land use or land treatment. Soil surveys identify soil
properties that are used in making various land use or land treatment decisions.
The information is intended to help the land users identify and reduce the effects of
soil limitations on various land uses. The landowner or user is responsible for
identifying and complying with existing laws and regulations.
Although soil survey information can be used for general farm, local, and wider area
planning, onsite investigation is needed to supplement this information in some
cases. Examples include soil quality assessments (http://www.nres.usda.gov/wps/
portal/nres/main/soils/health/) and certain conservation and engineering
applications. For more detailed information, contact your local USDA Service Center
(https:Hoffices.sc.egov.usda.gov/locator/app?agency=nres) or your NRCS State Soil
Scientist (http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/?
cid=nres142p2_053951).
Great differences in soil properties can occur within short distances. Some soils are
seasonally wet or subject to flooding. Some are too unstable to be used as a
foundation for buildings or roads. Clayey or wet soils are poorly suited to use as
septic tank absorption fields. A high water table makes a soil poorly suited to
basements or underground installations.
The National Cooperative Soil Survey is a joint effort of the United States
Department of Agriculture and other Federal agencies, State agencies including the
Agricultural Experiment Stations, and local agencies. The Natural Resources
Conservation Service (NRCS) has leadership for the Federal part of the National
Cooperative Soil Survey.
Information about soils is updated periodically. Updated information is available
through the NRCS Web Soil Survey, the site for official soil survey information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its
programs and activities on the basis of race, color, national origin, age, disability,
and where applicable, sex, marital status, familial status, parental status, religion,
sexual orientation, genetic information, political beliefs, reprisal, or because all or a
part of an individual's income is derived from any public assistance program. (Not
all prohibited bases apply to all programs.) Persons with disabilities who require
alternative means for communication of program information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice
and TDD). To file a complaint of discrimination, write to USDA, Director, Office of
Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or
call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity
provider and employer.
Contents
Preface....................................................................................................................
2
SoilMap..................................................................................................................
5
SoilMap................................................................................................................6
Legend..................................................................................................................7
MapUnit Legend..................................................................................................
8
MapUnit Descriptions..........................................................................................
8
Haywood County Area, North Carolina...........................................................10
BkC2—Braddock clay loam, 8 to 15 percent slopes, eroded......................10
HaC2—Hayesville clay loam, 8 to 15 percent slopes, eroded.....................11
HaD2—Hayesville clay loam, 15 to 30 percent slopes, eroded ..................
12
Soil Information for All Uses...............................................................................14
Suitabilities and Limitations for Use....................................................................14
Land Classifications........................................................................................14
Hydric Rating by Map Unit...........................................................................14
Soil Map
The soil map section includes the soil map for the defined area of interest, a list of
soil map units on the map and extent of each map unit, and cartographic symbols
displayed on the map. Also presented are various metadata about data used to
produce the map, and a description of each soil map unit.
322530
35° 32' 17" N
�S
�S
35° 32' 7' N
322530 322560 322590 322620 322650
Map Scale: 1:1,470 if printed on A portrait (8.5" x 11") sheet.
Meters
N 0 20 40 80 120
A �et
0 50 100 Z00 300
Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: lffM Zone 17N WGS84
6
Custom Soil Resource Report
Soil Map
322560 322590 322620 322650
322680 322710
322680 322710
322740
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N
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Custom Soil Resource Report
Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
BkC2
Braddock clay loam, 8 to 15
percent slopes, eroded
1.5
80.5%
HaC2
Hayesville clay loam, 8 to 15
percent slopes, eroded
0.1
5.7%
HaD2
Hayesville clay loam, 15 to 30
percent slopes, eroded
0.3
13.8%
Totals for Area of Interest
1.8
100.0%
Map Unit Descriptions
The map units delineated on the detailed soil maps in a soil survey represent the
soils or miscellaneous areas in the survey area. The map unit descriptions, along
with the maps, can be used to determine the composition and properties of a unit.
A map unit delineation on a soil map represents an area dominated by one or more
major kinds of soil or miscellaneous areas. A map unit is identified and named
according to the taxonomic classification of the dominant soils. Within a taxonomic
class there are precisely defined limits for the properties of the soils. On the
landscape, however, the soils are natural phenomena, and they have the
characteristic variability of all natural phenomena. Thus, the range of some
observed properties may extend beyond the limits defined for a taxonomic class.
Areas of soils of a single taxonomic class rarely, if ever, can be mapped without
including areas of other taxonomic classes. Consequently, every map unit is made
up of the soils or miscellaneous areas for which it is named and some minor
components that belong to taxonomic classes other than those of the major soils.
Most minor soils have properties similar to those of the dominant soil or soils in the
map unit, and thus they do not affect use and management. These are called
noncontrasting, or similar, components. They may or may not be mentioned in a
particular map unit description. Other minor components, however, have properties
and behavioral characteristics divergent enough to affect use or to require different
management. These are called contrasting, or dissimilar, components. They
generally are in small areas and could not be mapped separately because of the
scale used. Some small areas of strongly contrasting soils or miscellaneous areas
are identified by a special symbol on the maps. If included in the database for a
given area, the contrasting minor components are identified in the map unit
descriptions along with some characteristics of each. A few areas of minor
components may not have been observed, and consequently they are not
mentioned in the descriptions, especially where the pattern was so complex that it
was impractical to make enough observations to identify all the soils and
miscellaneous areas on the landscape.
The presence of minor components in a map unit in no way diminishes the
usefulness or accuracy of the data. The objective of mapping is not to delineate
pure taxonomic classes but rather to separate the landscape into landforms or
Custom Soil Resource Report
landform segments that have similar use and management requirements. The
delineation of such segments on the map provides sufficient information for the
development of resource plans. If intensive use of small areas is planned, however,
onsite investigation is needed to define and locate the soils and miscellaneous
areas.
An identifying symbol precedes the map unit name in the map unit descriptions.
Each description includes general facts about the unit and gives important soil
properties and qualities.
Soils that have profiles that are almost alike make up a soil series. Except for
differences in texture of the surface layer, all the soils of a series have major
horizons that are similar in composition, thickness, and arrangement.
Soils of one series can differ in texture of the surface layer, slope, stoniness,
salinity, degree of erosion, and other characteristics that affect their use. On the
basis of such differences, a soil series is divided into soil phases. Most of the areas
shown on the detailed soil maps are phases of soil series. The name of a soil phase
commonly indicates a feature that affects use or management. For example, Alpha
silt loam, 0 to 2 percent slopes, is a phase of the Alpha series.
Some map units are made up of two or more major soils or miscellaneous areas.
These map units are complexes, associations, or undifferentiated groups.
A complex consists of two or more soils or miscellaneous areas in such an intricate
pattern or in such small areas that they cannot be shown separately on the maps.
The pattern and proportion of the soils or miscellaneous areas are somewhat similar
in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example.
An association is made up of two or more geographically associated soils or
miscellaneous areas that are shown as one unit on the maps. Because of present
or anticipated uses of the map units in the survey area, it was not considered
practical or necessary to map the soils or miscellaneous areas separately. The
pattern and relative proportion of the soils or miscellaneous areas are somewhat
similar. Alpha -Beta association, 0 to 2 percent slopes, is an example.
An undifferentiated group is made up of two or more soils or miscellaneous areas
that could be mapped individually but are mapped as one unit because similar
interpretations can be made for use and management. The pattern and proportion
of the soils or miscellaneous areas in a mapped area are not uniform. An area can
be made up of only one of the major soils or miscellaneous areas, or it can be made
up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example.
Some surveys include miscellaneous areas. Such areas have little or no soil
material and support little or no vegetation. Rock outcrop is an example.
Custom Soil Resource Report
Haywood County Area, North Carolina
BkC2—Braddock clay loam, 8 to 15 percent slopes, eroded
Map Unit Setting
National map unit symbol: Ibxx
Elevation: 1,750 to 2,200 feet
Mean annual precipitation: 50 to 58 inches
Mean annual air temperature: 46 to 57 degrees F
Frost -free period: 116 to 170 days
Farmland classification: Farmland of statewide importance
Map Unit Composition
Braddock, moderately eroded, and similar soils: 80 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Braddock, Moderately Eroded
Setting
Landform: Stream terraces
Landform position (three-dimensional): Mountainbase, tread
Down -slope shape: Linear
Across -slope shape: Linear
Parent material: Old alluvium
Typical profile
Ap - 0 to 11 inches: clay loam
Bt - 11 to 57 inches: clay
BC - 57 to 80 inches: loam
Properties and qualities
Slope: 8 to 15 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Well drained
Runoff class: High
Capacity of the most limiting layer to transmit water (Ksat): Moderately low to
moderately high (0.06 to 0.20 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Available water supply, 0 to 60 inches: High (about 9.0 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 3e
Hydrologic Soil Group: C
Ecological site: F130BY010WV - Terraces
Hydric soil rating: No
10
Custom Soil Resource Report
HaC2—Hayesville clay loam, 8 to 15 percent slopes, eroded
Map Unit Setting
National map unit symbol: Ibyx
Elevation: 1,790 to 2,280 feet
Mean annual precipitation: 50 to 58 inches
Mean annual air temperature: 46 to 57 degrees F
Frost -free period: 124 to 176 days
Farmland classification: Farmland of statewide importance
Map Unit Composition
Hayesville, moderately eroded, and similar soils: 80 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Hayesville, Moderately Eroded
Setting
Landform: Ridges
Landform position (two-dimensional): Summit
Landform position (three-dimensional): Interfluve
Down -slope shape: Convex
Across -slope shape: Linear
Parent material: Residuum weathered from hornblende gneiss and/or amphibolite
Typical profile
Ap - 0 to 6 inches: clay loam
Bt - 6 to 33 inches: clay loam
BC - 33 to 45 inches: loam
C - 45 to 80 inches: fine sandy loam
Properties and qualities
Slope: 8 to 15 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Well drained
Runoff class: Medium
Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high
(0.57 to 1.98 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Available water supply, 0 to 60 inches: High (about 9.7 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 3e
Hydrologic Soil Group: B
Ecological site: F130BY007WV - Low Mountain Mesic Residuum
Hydric soil rating: No
11
Custom Soil Resource Report
HaD2—Hayesville clay loam, 15 to 30 percent slopes, eroded
Map Unit Setting
National map unit symbol: Ibyy
Elevation: 1,790 to 2,280 feet
Mean annual precipitation: 50 to 58 inches
Mean annual air temperature: 46 to 57 degrees F
Frost -free period: 124 to 176 days
Farmland classification: Farmland of local importance
Map Unit Composition
Hayesville, moderately eroded, and similar soils: 80 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Hayesville, Moderately Eroded
Setting
Landform: Ridges, hillslopes
Landform position (two-dimensional): Summit, backslope
Landform position (three-dimensional): Interfluve, side slope
Down -slope shape: Convex
Across -slope shape: Linear
Parent material: Residuum weathered from hornblende gneiss and/or amphibolite
Typical profile
Ap - 0 to 6 inches: clay loam
Bt - 6 to 33 inches: clay loam
BC - 33 to 45 inches: loam
C - 45 to 80 inches: fine sandy loam
Properties and qualities
Slope: 15 to 30 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Well drained
Runoff class: High
Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high
(0.57 to 1.98 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Available water supply, 0 to 60 inches: High (about 9.7 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 4e
Hydrologic Soil Group: B
Ecological site: F130BY007WV - Low Mountain Mesic Residuum
Hydric soil rating: No
12
Custom Soil Resource Report
13
Soil Information for All Uses
Suitabilities and Limitations for Use
The Suitabilities and Limitations for Use section includes various soil interpretations
displayed as thematic maps with a summary table for the soil map units in the
selected area of interest. A single value or rating for each map unit is generated by
aggregating the interpretive ratings of individual map unit components. This
aggregation process is defined for each interpretation.
Land Classifications
Land Classifications are specified land use and management groupings that are
assigned to soil areas because combinations of soil have similar behavior for
specified practices. Most are based on soil properties and other factors that directly
influence the specific use of the soil. Example classifications include ecological site
classification, farmland classification, irrigated and nonirrigated land capability
classification, and hydric rating.
Hydric Rating by Map Unit
This rating indicates the percentage of map units that meets the criteria for hydric
soils. Map units are composed of one or more map unit components or soil types,
each of which is rated as hydric soil or not hydric. Map units that are made up
dominantly of hydric soils may have small areas of minor nonhydric components in
the higher positions on the landform, and map units that are made up dominantly of
nonhydric soils may have small areas of minor hydric components in the lower
positions on the landform. Each map unit is rated based on its respective
components and the percentage of each component within the map unit.
The thematic map is color coded based on the composition of hydric components.
The five color classes are separated as 100 percent hydric components, 66 to 99
percent hydric components, 33 to 65 percent hydric components, 1 to 32 percent
hydric components, and less than one percent hydric components.
In Web Soil Survey, the Summary by Map Unit table that is displayed below the
map pane contains a column named 'Rating'. In this column the percentage of each
map unit that is classified as hydric is displayed.
14
Custom Soil Resource Report
Hydric soils are defined by the National Technical Committee for Hydric Soils
(NTCHS) as soils that formed under conditions of saturation, flooding, or ponding
long enough during the growing season to develop anaerobic conditions in the
upper part (Federal Register, 1994). Under natural conditions, these soils are either
saturated or inundated long enough during the growing season to support the
growth and reproduction of hydrophytic vegetation.
The NTCHS definition identifies general soil properties that are associated with
wetness. In order to determine whether a specific soil is a hydric soil or nonhydric
soil, however, more specific information, such as information about the depth and
duration of the water table, is needed. Thus, criteria that identify those estimated
soil properties unique to hydric soils have been established (Federal Register,
2002). These criteria are used to identify map unit components that normally are
associated with wetlands. The criteria used are selected estimated soil properties
that are described in "Soil Taxonomy" (Soil Survey Staff, 1999) and "Keys to Soil
Taxonomy" (Soil Survey Staff, 2006) and in the "Soil Survey Manual' (Soil Survey
Division Staff, 1993).
If soils are wet enough for a long enough period of time to be considered hydric,
they should exhibit certain properties that can be easily observed in the field. These
visible properties are indicators of hydric soils. The indicators used to make onsite
determinations of hydric soils are specified in "Field Indicators of Hydric Soils in the
United States" (Hurt and Vasilas, 2006).
References:
Federal Register. July 13, 1994. Changes in hydric soils of the United States.
Federal Register. September 18, 2002. Hydric soils of the United States.
Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric
soils in the United States.
Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service.
U.S. Department of Agriculture Handbook 18.
Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for
making and interpreting soil surveys. 2nd edition. Natural Resources Conservation
Service. U.S. Department of Agriculture Handbook 436.
Soil Survey Staff. 2006. Keys to soil taxonomy. 10th edition. U.S. Department of
Agriculture, Natural Resources Conservation Service.
15
322530
35° 32' 17" N
�S
�S
35° 32' 7' N
322530 322560 322590 322620 322650
Map Scale: 1:1,470 if printed on A portrait (8.5" x 11") sheet.
Meters
N 0 20 40 80 120
A �et
0 50 100 Z00 300
Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 17N WGS84
16
Custom Soil Resource Report
Map—Hydric Rating by Map Unit
322560 322590 322620 322650 322680
322710
322680 322710
322740
35° 32' 17" N
N
�S
35° 32' 7" N
322740
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Custom Soil Resource Report
Table—Hydric Rating by Map Unit
Map unit symbol
Map unit name
Rating
Acres in AOI
Percent of AOI
BkC2
Braddock clay loam, 8 to
0
1.5
80.5%
15 percent slopes,
eroded
HaC2
Hayesville clay loam, 8
0
0.1
5.7%
to 15 percent slopes,
eroded
HaD2
Hayesville clay loam, 15
0
0.3
13.8%
to 30 percent slopes,
eroded
Totals for Area of Interest
1.8
100.0%
Rating Options—Hydric Rating by Map Unit
Aggregation Method: Percent Present
Component Percent Cutoff.- None Specified
Tie -break Rule: Lower
18
APPENDIX A.8
NATIONAL WETLAND INVENTORY MAP
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APPENDIX A.10
PHOTOSHEETS
sa3
:1F� by
;J 71P. -.Rg...,_£ �. ��j'•_
H.
NA1i::
4T�
.�t
y
One: View looking at typical riffle within lower
Photo
Photo
Two: View looking southeast at upper reach
of
reach
of Stream A.
Stream
A.
';'"r•' �
�
� :' 1e�s''.3•,.;�',�F•a
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A .
Three: View looking southeast at lower reach
Photo
Photo
Four: View looking southeast at upper reach
of
of
Stream B.
Stream
B.
I
DATE
10/10/
WASTEWATER TREATMENT PLANT
FIGURE
,, 124019th Street Lane NW
Hickory, NC 28601
828.328.2024
MC
ACCESS ROAD
TOWN OF WAYNE VILLE
PHOTOSHEET
PROJECTCT#
19.00330
i NC Finn License#C-0459
mcgillassociates.com
PROJECT MANAGER
M. DOWD
HAYWOOD COUNTY, NORTH CAROLINA
0
0
Z
0
0
Photo One: View looking north at existing road off of
Walnut Trail Road.
Photo Three: View looking west at Richland Creek.
Photo Two: View looking northwest at Richland
Creek.
^y•
V •r�Y�.
19 1
RUCK
SfNIiR
23 Tr
NARR
BRIO1
Photo Four: View looking west at Walnut Trail bridge
crossing Richland Creek.
1240 19th Street Lane NW
mcg i l l Hickory, NC
828.328.202428601
NC Finn License # C-0459
m cg it l associ ates.com
DATE
10/10/2022
WASTEWATER TREATMENT PLANT
ACCESS ROAD
FIGURE
PROJECT #
19.00330
PROJECT MANAGER
M. DOWD
TOWN OF WAYNESVILLE
HAYWOOD COUNTY, NORTH CAROLINA
PHOTOSHEET
2
APPENDIX A.11
NCDWQ STREAM IDENTIFICATION FORMS
Date:
Project/Site
Latitude
6/16/2022
Waynesville WWTP Access
35.5363392
Evaluator:
County:
Longitude:
Jonathan Herman
Haywood
-82.95649269
Stream Determination
Name
Total Points: 34.50
PERENNIAL
SA
A. Geomorphology Subtotal = 18.00
Absent
Weak
Moderate
Strong
1. Continuity of bed and bank
-----
-----
-----
3
2. Sinuosity of Channel Along Thalweg
-----
-----
2
-----
3. In -channel structure: ex. Riffle -pool, step -pool, ripple -
pool sequence
-----
-----
2
-----
4. Particle size of stream substrate
-----
-----
-----
3
5. Active/relic floodplain
-----
1
-----
-----
6. Depositional bars or benches
-----
-----
2
-----
7. Recent alluvial deposits
-----
1
-----
-----
8. Headcuts
-----
-----
2
-----
9. Grade Control
-----
0.5
-----
-----
10. Natural Valley
-----
-----
-----
1.5
11. Second or greater order channel
No=
0
Yes=
-----
B. Hydrology Subtotal= 9.00
12. Presence of Baseflow
-----
-----
2
-----
13. Iron oxidizing bacteria
-----
-----
2
-----
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=
I -----
Yes=
3
C. Biology Subtotal= 7.50
18. Fiborous roots in streambed
-----
2
-----
-----
19. Rooted upland plants in streambed
3
-----
-----
-----
20. Macrobenthos (note diversity and abundance)
-----
-----
2
-----
21. Aquatic mollusks
0
-----
-----
-----
2 2. Fish
0
-----
-----
-----
23. Crayfish
0
-----
-----
-----
24. Amphibians
-----
0.5
-----
-----
25. Algae
0
-----
-----
-----
26. Wetland plants in streambed
0
-----
-----
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Note: Sheet sourced from NCDWQ Stream ID Form
Date:
Project/Site
Latitude
6/16/2022
Waynesville WWTP Access
35.53650042
Evaluator:
County:
Longitude:
Jonathan Herman
Haywood
-82.95651988
Stream Determination
Name
Total Points: 33.00
PERENNIAL
SB
A. Geomorphology Subtotal = 17.50
Absent
Weak
Moderate
Strong
1. Continuity of bed and bank
-----
-----
-----
3
2. Sinuosity of Channel Along Thalweg
-----
-----
2
-----
3. In -channel structure: ex. Riffle -pool, step -pool,
ripple -pool sequence
-----
1
-----
-----
5. Particle size of stream substrate
-----
1
-----
-----
5. Active/relic floodplain
-----
1
-----
-----
6. Depositional bars or benches
-----
-----
-----
3
7. Recent alluvial deposits
-----
-----
2
-----
8. Headcuts
-----
-----
2
-----
9. Grade Control
-----
-----
1
-----
10. Natural Valley
-----
-----
-----
1.5
11. Second or greater order channel
No=
0
Yes=
-----
B. Hydrology Subtotal= 9.00
12. Presence of Baseflow
-----
-----
2
-----
13. Iron oxidizing bacteria
-----
-----
2
-----
15. 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= 6.50
18. Fiborous roots in streambed
3
-----
-----
-----
19. Rooted upland plants in streambed
-----
2
-----
-----
20. IVlacrobenthos (note diversity and abundance)
-----
1
-----
-----
21. Aquatic mollusks
0
-----
-----
-----
2 2 . Fish
0
-----
-----
-----
2 3 . Crayfish
0
-----
-----
-----
2 5 . Amphibians
-----
0.5
-----
-----
2 5. Algae
0
-----
-----
-----
26. Wetland plants in streambed
0
-----
-----
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Note: Sheet sourced from NCDWQStream ID Form
APPENDIX B
PROJECT PLANS
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IMPACTS MAP
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APPENDIX D
USFWS IPAC REPORT
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
In Reply Refer To:
Project Code: 2023-0002326
Project Name: Waynesville WWTP Access Road Revised
e x
hSai k 4YYFJiYJft
+cfln7i�
i�
October 07, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other
10/07/2022
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
10/07/2022
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
10/07/2022
Project Summary
Project Code: 2023-0002326
Project Name: Waynesville WWTP Access Road Revised
Project Type: Wastewater Facility - Maintenance / Modification
Project Description: Construction of new road to access wastewater treatment plant
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.p-oop-le.com/maDs/ a035.536718050000005.-82.95583516690967.14z
O
�hx
E-3111
4
Counties: Haywood County, North Carolina
10/07/2022 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
Gray Bat Myotis grisescens
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/6329
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
Northern Long-eared Bat Myotis septentrionalis
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis subflavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
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
10/07/2022
4
Flowering Plants
NAME
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
STATUS
Threatened
STATUS
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
10/07/2022
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.
10/07/2022
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.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Oct 10
and Alaska.
https:Hecos.fws.gov/ecp/species/9399
10/07/2022
BREEDING
NAME SEASON
Canada Warbler Cardellina canadensis Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 10
and Alaska.
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25
and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20
and Alaska.
Golden -winged Warbler Vermivora chrysoptera Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Jul 20
and Alaska.
https:Hecos.fws.gov/ecp/species/8745
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20
and Alaska.
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Sep 10
and Alaska.
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
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
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
10/07/2022
3
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.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
10/07/2022
4
Bald Eagle Non -BCC IIN 111i tt __5 ===2 2STT T 1
Vulnerable
Black -billed
++++ ++++ ++++
Cuckoo
Cuckoo
BCC Rangewide
(CON)
Canada Warbler
BCC Rangewide
(CON)
I I- ++++ +++0 ++++ ++++ ++++ ++++
Chimney Swift ++++ ++++ BCC Rangewide ++++ ++++ ++++
(CON)Em
Eastern Whip -poor-
will
BCC Rangewide
(CON)
++ ++++ ++++ ++++ ++++ ++++ ++++
Golden -winged yy ii :77
���Warbler ++++ T++T 4:::: ++++ ++++ ++++ ++++ ++++ ++++
BCC Rangewide
(CON) yy
Kentucky Warbler ++++ ++++ ++++ ++++ T++ ■� + ++++ ++++ ++++ ++++
BCC Rangewide
(CON)
Praire Warbler
BCC 'Rangewide ++ I I III I I I I F 1+111111 1 Ili 1 1 1 1 1 1 1 1 1 1 1 1
(CON)
ProtWarbler b°°°tars ++++ ++++ ++++ ++++ ++++ ++++ ++++
War
BCC Rangewide
(CON) y
Red-headed +TT+ T++T T+T+ +++T I 1
Woodpecker TTT T
BCC Rangewide
(CON)
Rusty Blackbird BCC -BCR T T I I I I I+++ +� I I 1
Wood Thrush BCC Rangewide
(CON)
11 11 11 1 1 1+++++ *+*+ ++++ ++++
f++ +++-I I I I I I f++ ++++ +0111++0
I I- Aii 1111 +01+ ++++ ++++ ++++
Additional 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/library
collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds https://www.fwsgov/sites/default/files///www.fwsgov/sites/default/files/
documents/nationwide-standard-conservation-measures.odf
10/07/2022
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.
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
10/07/2022 6
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
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
10/07/2022
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.
10/07/2022
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.
10/07/2022
IPaC User Contact Information
Agency: McGill Associates, P.A.
Name: Jonathan Herman
Address: 1240 19th Street Lane NW
City:
Hickory
State:
NC
Zip:
28601
Email
jonathan.herman@mcgillassociates.com
Phone:
8283282024
APPENDIX E
NC STATE HISTORIC PRESERVATION OFFICE MAP
-,--82.911660 35.551159 Degrees
APPENDIX F
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