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HomeMy WebLinkAbout20221676 Ver 1_ePCN Application_20221130DWR 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: 8/29/2022 BIMS # Assigned* Version#* 20221676 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review la. Name of project: Niblick Drive Culvert Replacement la. Who is the Primary Contact?* City of Gastonia What amout is owed?* $240.00 $570.00 Select Project Reviewer* Andrew Pitner:eads\ahpitner 1 b. Primary Contact Email:* lc. Primary Contact Phone:* garys@cityofgastonia.com (704)866-6020 Date Submitted 11/30/2022 Nearest Body of Water Catawba Creek Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.237068 -81.172810 A. Processing Information County (or Counties) where the project is located: Gaston 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: City of Gastonia 2b. Deed book and page no.: DB 0768 PG0669 2c. Contact Person: 2d. Address Street Address PO Box 1748 Address Line 2 City Gastonia Postal /Zip Code 28054 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (704)866-6020 2g. Email Address: * garys@cityofgastonia.com 4. Agent/Consultant (if applicable) 4a. Name: Ian McMillan 4b. Business Name: WithersRavenel 4c. Address Street Address 115 MacKenan Drive Address Line 2 City Cary Postal / Zip Code 27511 4d. Telephone Number: (919)608-3156 4f. Email Address: * imcmillan@withersravenel.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Gastonia 2. Project Identification 2a. Property Identification Number: 112832 2c. Project Address Street Address Niblick Drive/Elmwood Drive Address Line 2 City Gastonia Postal / Zip Code 28054 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Catawba Creek 3b. Water Resources Classification of nearest receiving water: * C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011502 4. Project Description and History 2b. Property size: 199.73 State / Province / Region NC Country USA 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 site is located within the southern portion of the Catawba Creek Golf Course and south of the site is wooded areas and residential. 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: 4g. List the total estimated linear feet of all existing streams on the property: 138 linear feet perennial stream 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to replace the existing, 6-foot wide, 55' long, failing Corrugated Metal Pipe (CMP) arch culvert with an embedded culvert 90'-foot 12'Wx7'H reinforced concrete box culvert and 25-foot riprap plunge pool. This project is being conducted to address safety concerns with the failing arch culvert on Niblick Drive as well as to stabilize the golf cart bridge downstream of Niblick Drive. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project involves excavation of the existing failing Corrugated Metal Pipe (CMP) arch culvert and working in the dry to replace the existing arch culvert with a 90'-foot 12'Wx7'H reinforced concrete box culvert and 25-foot riprap plunge pool. Heavy equipment typically used in construction will be utilized for the project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown WithersRavenel staff delineated the stream on October 17, 2022. No wetlands were identified within the project area. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* Ian McMillan/Patrick Welsh WithersRavenel 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* Sf Replace culvert and add plunge pool Permanent Culvert Catawba Creek Perennial Both 3 Average (feet) 115 (linear feet) S2 Culvert and plunge pool installation Temporary Dewatering Catawba Creek Perennial Both 3 Average (feet) 38 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 115 3i. Total stream and ditch impacts: 153 3j. Comments: 3i. Total temporary stream impacts: 38 E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Proposed permanent impacts for replacement of existing, failing CMP are necessary for the safety of drivers over the stream crossing on Niblick Drive as well to stabilize the adjacent golf cart pathway bridge. The proposed culvert replacement will occupy the same alignment as the existing arch culvert and be oriented with 75° to 105° of the stream. Access during construction will occur within uplands. Proposed permanent impacts for replacement of existing, failing CMP are necessary for the safety of drivers over the stream crossing on Niblick Drive as well to stabilize the adjacent golf cart pathway bridge. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sediment and erosion control measures will be installed prior to construction. 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: Permanent impacts are below mitigation thresholds. 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: Catawba River basin buffers exist on the mainstem only. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * Yes No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes No Comments: * The project is below SEPA thresholds. 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. This is a standalone project and not likely to negatively impacts surrounding areas. 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 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? WR conducted a file review of records maintained by the US Fish and Wildlife Service (USFWS) and NC Natural Heritage Program (NCNHP). An official species list was generated using USFWS' Information for Planning and Consultation (IPaC), located at https://ipac.ecosphere.fws.gov , on 10/17/2022. WR also submitted a project review request to the NCNHP through their Data Explorer webpage, located at: https://ncnhde.natureserve.org/, to identify known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The NCNHP project review did not identify any known occurrences of federally listed species within the review area or within 1.0 mile, as documented in the attached letter from NCNHP dated 10/17/2022. See attached report as well. 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? * Online Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NCSHPO website search 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: Yes, project is within Zone AE. AE flood zones are areas that present a 1 % annual chance of flooding. The culvert and golf course should mitigate flooding within the project area. 8c. What source(s) did you use to make the floodplain determination?* FEMA online portal search — Panel No. 3710355400J, effective 9/28/2007 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 Attachments Binder 11.30.22.pdf 7.51 MB File must be PDF or KMZ Comments Attachments: 1 PCN Cover Letter 2 Agent Authorization 3 USGS Topographic Map 4 Gaston County Soil Survey 5 Parcel Property Owner Info 6 2022 Aerial Map 7 NCNHP Project Review Letter 8 USFWS IPaC Species List 9 NCSHPO Database Search 10 Impact Exhibits 11 T&E Review Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: lan McMillan Signature Date 11/30/2022 -0- WithersRavenel .. Our People. Your Success. November 30, 2022 US Army Corps of Engineers NC -Division of Water Resources Regulatory Field Office 401 & Buffer Permitting Unit Ms. Krysta B. Stygar Ms. Kelsey Rowland 151 Patton Avenue 1617 Mail Service Center Room 208 Raleigh, NC 27699 Asheville, NC 28801-7980 Re: Niblick Drive - NWP 14 PCN Submittal Gastonia, Gaston County WR Project #06210404.01 Dear Ms. Stygar and Ms. Rowland, On behalf of the town of Gastonia, we are requesting authorization from the USACE to use NWP 14, as well as requesting a 401 WQC from NC DWR, for the following impacts: Proposed Impact Table Feature Type of Impact Impact Area LF SF AC Stream Permanent 115 860 0.019 Stream Temporary 38 316 0.007 The proposed total permanent impacts to jurisdictional waters are 0.019 acres and therefore the project is eligible for authorization under an NWP 14. The proposed project consists of the replacement of the existing 6-foot wide, 55' long, Corrugated Metal Pipe (CMP) arch culvert with a 90' long 12'Wx7'H reinforced concrete box culvert plus 25- foot riprap plunge pool. The longer replacement culvert will facilitate additional necessary support for the adjacent golf cart bridge. The proposed culvert replacement is contained within a 199.73-acre parcel (PIN: 3544985926) located at Niblick Drive, Gastonia, Gaston County (Lat: 35.237068°N;-81.173810°W). The project is in the Catawba River basin (HUC: 030501011502) and onsite waters drain to Catawba Creek. The Water Quality Classification for Catawba Creek is C and the Stream Index Number is: 11-130. Proposed Project The purpose of the proposed project, as discussed above, is to replace the existing 6-foot wide, 55' long, failing Corrugated Metal Pipe (CMP) arch culvert with an embedded culvert 90'-foot 12'Wx7'H reinforced concrete box culvert and 25-foot riprap plunge pool. 115 MacKenan Drive I Cary, NC 27511 t: 910.469.3340 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington Niblick Drive Culvert Replacement Gastonia, Gaston Co. NWP 14 PCN Submittal Protect History ::WithersRavenel Our People. Your Success. WithersRavenel staff conducted a delineation of the stream and Preliminary Threatened and Endangered Species survey on October 17, 2022. (see attached report) Threatened & Endangered Species Review Methodology WR conducted a file review of records maintained by the US Fish and Wildlife Service (USFWS) and NC Natural Heritage Program (NCNHP). An official species list was generated using USFWS' Information for Planning and Consultation (IPaQ, located at https://ipac.ecosphere.fws.gov , on 10/17/2022. This species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, which may occur within the boundary of the project and may be affected by the project. The IPaC specified that there are four federal ly-Iisted species that may occur within the project boundary and may be affected by the proposed project. These species include Tricolored Bat (PE), Bog Turtle (T/SA), Dwarf -flowered Heartleaf (T), and Schweinitz's Sunflower (E). The IPaC list did not identify any critical habitat within the project area. WR also submitted a project review request to the NCNHP through their Data Explorer webpage, located at: https://ncnhde.natureserve.org/, to identify known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The NCNHP project review did not identify any known occurrences of federally listed species within the review area or within 1.0 mile, as documented in the attached letter from NCNHP dated 10/17/2022. In summary, the review area does not contain occurrences of, or potential habitat for (Bald Eagle, Tricolored Bat, Bog Turtle, Dwarf -flowered Heartleaf, and the Schweinitz's Sunflower) and will have no effect on these species. Therefore, it is the opinion of WR that federally protected species are not likely to be present within the project area, and development of the proposed project is not likely to adversely affect federally listed species or their designated critical habitat. Proposed Impacts The proposed permanent stream impact of 115 linear feet is necessary for the replacement of the failing existing corrugated metal pipe (CMP) arch and to stabilize the adjacent golf cart bridge. The existing arch culvert has been failing for years and is a hazard for drivers. Additionally, the golf cart bridge is failing and the new culvert will help provide support for the new golf cart bridge. Avoidance and Minimization Proposed permanent impacts for replacement of existing, failing CMP are necessary for the safety of drivers over the stream crossing on Niblick Drive as well to stabilize the adjacent golf cart pathway bridge. The proposed culvert replacement will occupy the same alignment as the existing arch culvert and be oriented with 75' to 105' of the stream. Access during construction will occur within uplands. Additionally, sediment and erosion control measures will be installed prior to construction. Mitigation The proposed project will result in 0.019 acres and 115 If of permanent stream impacts. These impacts are below mitigation thresholds. Page 2 of 3 Niblick Drive Culvert Replacement Gastonia, Gaston Co. NWP 14 PCN Submittal ::WithefsRavenel Our People. Your Success. Please feel free to call if you have questions or require additional information to complete your review. Sincerely, WithersRavenel Ian McMillan Senior Technical Consultant Attachments: • PCN Form • Agent Authorization Form • Aerial Exhibit • USGS Quads • Gaston County Soil Survey • Parcel/Property Owner Info • NCNHP Project Review Letter • USFWS IPaC Species List • Impact Exhibits Page 3 of 3 ■■ WithersRavenel lipOur People. Your Success. AGENT AUTHORIZATION 0 WithersR,avenel NoOur People. Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned Municipality City of Gastonia (Client) does hereby appoint WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the Niblick Drive Culvert Replacement. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Date: 10 -1 2- - Z Z Agent's Name, Address &Telephone: Signature of Client: WithersRavenei, Inc. GA Xy V. 5A1Me C IT G14eEX (Name -Print) (Title) 115 MacKenan Drive L Cary, NC 27511 (Signature) Tel. 919-469-3340 To 1 vc I'N 9 M�+ailing Address UA5-To1d1A 11 c, "z b5q- Rq$ City State Zip Phone: _7014- & �- 61620 Email; i t 4 ,fn • �'�'1 115 MacKenan Drive i Cary, NC 27511 t: 919.469.3340 f: 919,467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington ::WithersRavenel Our People. Your Success. USGS QUADS p� � 01 LQ LQ GRAPHIC SCALE 0 250 500 1 inch = 500 ft. 1 { 11 1 1 1 1 A � 1 REVIEW AREA 274 1 NIBLICK DRIVE CULVERT REPLACEMENT USGS (2019) - GASTONIA SOUTH WithersRavenet 1/ Engineers I Planners I Surveyors ::WithersRavenel Our People. Your Success. GASTON COUNTY SOIL SURVEY Cf D GRAPHIC SCALE 0 _ 0 250 500 1 inch = 500 ft. "Ilk 4 CeB eB2 N CfB CAD2 'r pa I t TO` t CH C H 0? . CeB 2 a CeB 2 REVIEW AREA Ceo2 2 CeB2, r �. jr, � M NIBLICK DRIVE CULVERT �10 WithersRavenel REPLACEMENT GASTON CO. SOIL SURVEY (1989) - SHEET 7 I/ Engineers l Planners l Surveyors GASTONIA GASTON COUNTY NORTH CAROLINA ::WithersRavenel Our People. Your Success. PARCEL/PROPERTY OWNER INFO GRAPHIC SCALE 0 50 100 1 inch = 100 ft. GASTON CO. PIN: 3544985926 / CITY OF GASTONIA / P.O BOX1748 / GASTONIA, NC 28053 / ±199.73-ACRES 00 �9 F REVIEW AREA GASTON CO. PIN: 3554071592 I I / \ WINSTON DEVELOPMENT CORP I _ 540 E GORDON STREET SAVANNAH, GA 31401 - \ \ ±15.57-ACRES I I I I � I _ I I I NIBLICK DRIVE CULVERT REPLACEMENT PARCEL EXHIBIT WithersRavenel 1/ Engineers I Planners I Surveyors ::WithersRavenel Our People. Your Success. 2022 AERIAL I - i GRAPHIC SCALE 0 40 80 1 inch = 80 ft. REVIEW AREA I NIBLICK DRIVE CULVERT IIF roWithersRavenel AERIAL (2022)REPLACEMENT Engineers i Planners i Surveyors ::WithersRavenel Our People. Your Success. NCN H P PROJECT REVIEW LETTER Roy Cooper, Governor 2r■� NC DEPARTMENT OF ■a■■■ NATURAL AND CULTURAL RESOURCES ■■E■■ October 17. 2022 Troy Beasley Withers & Ravenel 115 MacKenan Drive Cary, NC 27511 RE: Niblick Drive 2022; 06210404.01 Dear Troy Beasley: D_ Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-19662 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally- listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.ciov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler(ancdcr.gov or 919-707-8603. 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Your Success. USFWS I PaC SPECIES LIST United States Department of the Interior FISH AND WILDLIFE SERVICE �cH 3'$ 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: 2023-0005212 Project Name: Niblick Drive 2022 vfso-1 ax'unut't: October 17, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The 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 10/17/2022 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.. 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 10/17/2022 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 10/17/2022 Project Summary Project Code: 2023-0005212 Project Name: Niblick Drive 2022 Project Type: Species Survey/Monitor Project Description: Gastonia Project Location: Approximate location of the project can be viewed in Google Maps: https:// www. google.com/maps/(a)35.237018649999996,-81.17378519371006,14z r6uN Gaouip rf f Counties: Gaston County, North Carolina 10/17/2022 Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 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 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws.gov/ecp/species/10515 Reptiles NAME STATUS Bog Turtle Glyptemys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https://ecos.fws. ov/ecp/species/6962 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws. ov/ecp/species/9743 10/17/2022 4 Flowering Plants NAME STATUS Dwarf -flowered Heartleaf Hexastylis nani flora Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2458 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws. ov/ecp/species/3849 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 10/17/2022 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refine 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. 10/17/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. 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 Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Chimney Swift Chaetura pelogica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 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 to Sep 10 and Alaska. 10/17/2022 NAME BREEDING SEASON 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 (■) 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: 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 = l; 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. 10/17/2022 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 Bald Eagle —� Nan -BCC +++ ++++ ++++ ++++ ++++ +++Jill ­+­+ +++ +� +++� +++— Vulnerable Chimney Swift !111 '""''''"BCC Rangewide + + + ++ + +— +++— +(CON) ++ + ++ +i■1lul !!! 1111 ji ++— Red-headed ,+ + +' + + ++ ++■' lopI JlNONE + ' +,— Woodpecker + + + +++ + ++ BCC Rangewide (CON) Rusty Blackbird "'+ +„+ "++ ++++ ++++ ++++ 4-4— —+—+ ++++ +++— + BCC-BCR Wood Th rush +++ + �+ 1�11 Jill Jill Jill + +++ ++++ ++ ++++ +++— +++— +++— (CON) 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/librgg/ collections/avoiding-and-minimizing-incidental-take-migratorv-birds ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. 10/17/2022 4 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 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? 10/17/2022 Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of 10/17/2022 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. 10/17/2022 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE ■ RivPrinP 10/17/2022 IPaC User Contact Information Agency: WithersRavenel Name: Patrick Welsh Address: 115 MacKenan Drive City: Cary State: NC Zip: 27511 Email pwelsh@withersravenel.com Phone: 9194693340 ::WithersRavenel Our People. Your Success. 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November 16, 2022 Mr. Gary Saine - Town of Gastonia PO Box 1748 Gastonia, NC 28053-1748 Re: Niblick Drive Culvert Replacement Gaston County, NC Threatened & Endangered Species Assessment WR Project #06210404.01 Dear Mr. Saine On October 17, 2022, WithersRavenel (WR) conducted a site visit of the Niblick Drive Culvert Replacement project area (Review Area) for the purpose of evaluating the presence of federally listed threatened and endangered species and/or potential habitat within the review area. The review area is approximately 0.05 acres located southwest of the intersection of Niblick Drive and Elwood Drive in Gastonia, NC (Lat: 35.237068°N;-81.173810°W). The project is in the Catawba River basin (HUC: 030501011502) and onsite waters drain to Catawba Creek. The Water Quality Classification for Catawba Creek is C and the Stream Index Number is: 11-130. WR surveyed the review area for the presence of federally listed threatened and endangered species, or their potential habitat, protected under the Endangered Species Act (ESA). This report summarizes the findings of the survey. Proposed Activities The proposed project consists of the replacement of the existing 6-foot wide, 55' long, Corrugated Metal Pipe (CMP) arch culvert with a 90' long 12'Wx7'H reinforced concrete box culvert plus 48- foot riprap plunge pool. The longer replacement culvert will facilitate additional necessary support for the adjacent golf cart bridge. Site Conditions The review area consists of approximately 138 feet of perennial stream and adiacent bank located within the Catawba Creek Golf Course. The stream has a defined bed and bank as it enters the existing culvert under Niblick Drive, but becomes somewhat incised as it enters the golf course Property. Substrate is sandy with some sorting. Threatened & Endangered Species Review Methodology WR has conducted a file review of records maintained by the US Fish and Wildlife Service (USFWS) and NC Natural Heritage Program (NCNHP). An official species list was generated using USFWS' - 411 WithersRavenel Our People. Your Success. Information for Planning and Consultation (IPaC), located at https://ipac.ecosphere.fws.gov/ , on 10/17/2022. This species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, which may occur within the boundary of the project and may be affected by the project. The IPaC specified that there are four federally -listed species that may occur within the project boundary and may be affected by the proposed project. These species include Tricolored Bat (PE), Bog Turtle (T/SA), Dwarf -flowered Heartleaf (T), and Schweinitz's Sunflower (E). The IPaC list did not identify any critical habitat within the project area. WR also submitted a project review request to the NCNHP through their Data Explorer webpage, located at: https://ncnhde.natureserve.org/, to identify known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The NCNHP project review did not identify any known occurrences of federally listed species within the review area or within 1.0 mile, as documented in the attached letter from NCNHP dated 10/17/2022. Species Synopsis and Pedestrian Survey Results Plants and animals classified as Proposed (P) are currently proposed for official designation of a protected species under the ESA. Plants and animals classified as Endangered (E) or Threatened (T) by the USFWS are protected under the provisions of Section 7 and Section 9 of the ESA of 1973, as amended. The following table presents federally listed species from the IPaC official species list dated 10/17/2022. While the bald eagle is not currently listed on the ESA, it is protected under the Bald and Golden Eagle Protection Act (BGPA) and was included in the assessment. Federal Habitat Common Name Scientific Name Biological Determination Status Present Bald Eagle Haliaeetus leucocepholus BGPA* No No Effect Tricolored Bat Perimyotis subflavus PE No No Effect Bog Turtle Glyptemys muhlenbergii T/SA** No No Effect Dwarf -flowered Hexastylis naniflora T No No Effect Heartleaf Schweinitz's Helianthus schweinitzii E No No Effect Sunflower BGPA* - Bald and Golden Eagle Protection Act T/SA** - Threatened due to Similarity of Appearance PE*** - Proposed Endangered The findings of the survey for each species are addressed below. Bald Eagle (BGPA) Based on the review of the NCNHP GIS data, there are no known occurrences of bald eagle nests within 1.0 miles of the project area. No bald eagle nests were observed within the project area. Additionally, no bald eagles were observed in flight. Robinwood Lake exists just under a mile east- southeast of the project area. There are no suitable foraging areas within 660' of the project area since all of this area is contained within the Catawba Creek Golf Course and therefore outside of the USFWS National Bald Eagle Management Guidelines. Since the proposed project is not 40 WithersRavenel NOOur People. Your Success. located within 660' of a bald eagle nest, WR concludes that the proposed project will have No Effect on bald eagle. Biological Determination - No Effect Tricolored Bat (PE) The review of the NCNHP GIS data did not identify any known occurrences of Tricolored Bat within 1.0 miles of the review area. Preferred habitat of partly open country with large trees and woodland edges, typically foraging at treetop level and often over water was not observed within the project area. Therefore, due to the lack habitat, WR concludes that the proposed project will have No Effect on the Tricolored Bat. Biological Determination - No Effect Bog Turtle (T/SA) The review of the NCNHP GIS data did not identify any known occurrences of Bog Turtles within 1.0 miles of the review area. Preferred habitat of calcareous (containing calcium carbonate, calcium, or lime) wetlands, such as open sphagnum bogs, wet meadows and wet pastures was not observed within the project area. Therefore, due to the lack habitat, WR concludes that the proposed project will have No Effect on the Bog Turtle. Biological Determination - No Effect Dwarf -flowered Heartleaf (T) The review of the NCNHP GIS data did not identify any known occurrences of Dwarf -flowered Heartleaf within the project area. Preferred habit of acidic soils along bluffs and adjacent slopes, in boggy areas next to streams and creek heads, and along the slopes of nearby hillsides and ravines, was not observed within the project area. Additionally, the golf course is heavily managed which further impacts any potential habitat. Therefore, based on a lack of suitable habitat and lack of nearby records, WR concludes that the proposed project will have No Effect on Dwarf -flowered Heartleaf. Biological Determination - No Effect Schweinitz's Sunflower (E) Preferred habitat of shallow, poor, clayey, or rocky soils, preferably near power line right-of-ways or roadsides was not observed within the project area. Based on the review of the NCNHP GIS data, there are no known occurrences of Schweinitz's Sunflower within one -mile of the project area. Therefore, based on lack of nearby records, lack of onsite habitat and the mowed/maintained golf course environment, WR concludes that the proposed project will have No Effect on Schweinitz's Sunflower. Biological Determination - No Effect 40 WithersRavenel NOOur People. Your Success. Summary The review area does not contain occurrences of, or potential habitat for (Bald Eagle, Tricolored Bat, Bog Turtle, Dwarf -flowered Heartleaf, and the Schweinitz's Sunflower) and will have no effect on these species. Therefore, it is the opinion of WR that federally protected species are not likely to be present within the project area, and development of the proposed project is not likely to adversely affect federally listed species or their designated critical habitat. Please feel free to call if you have questions or require additional information to complete your review. Sincerely, WithersRavenel yo"_v Ian McMillan Senior Technical Consultant