20230160 Ver 1_ePCN Application_20230124

DWR
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:
12/20/2022
BIMS # Assigned* Version#*
20230160 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Joey Winston:eads\jbwinston
Information for Initial Review
la. Name of project:
Blue Ridge Propane - New Location
1a. Who is the Primary Contact?*
Sarah Kilby
Reviewing Office*
Asheville Regional Office - [phone]
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1/24/2023
Nearest Body of Water
Whiteoak Creek
Basin
French Broad
Water Classification
WS-V, Tr
Site Coordinates
Latitude:
36.113020
A. Processing Information
County (or Counties) where the project is located:
Avery
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
-81.933000

1a. 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)
1c. 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
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lh. 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:
Jack Howard Trustee
2b. Deed book and page no.:
DB 535, Pg 465
2c. Contact Person:
2d. Address
Street Address
Highway 194 S
Address Line 2
City
Newland
Postal /Zip Code
28657
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
North Carolina
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Patrick Howard
3b. Business Name:
3c. Address
Street Address
Highway 194 S
Address Line 2
City
Newland
Postal / Zip Code
28657
3d. Telephone Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Carrie Caviness
4b. Business Name:
Interface Environmental Consulting, LLC
4c. Address
Street Address
476 Hidden Pond
Address Line 2
City
Boone
Postal / Zip Code
28607
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
North Carolina
Country
USA
3e. Fax Number:
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Newland, NC
2. Project Identification
2a. Property Identification Number:
183700322865
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
2b. Property size:
3.76
State / Province / Region
Country
3. Surface Waters

3a. Name of the nearest body of water to proposed project:*
Whiteoak Creek
3b. Water Resources Classification of nearest receiving water:*
WS-V, Tr
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.
060101080101
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 site is located just north of the town of Newland, NC off Highway 194 S. The vicinity is light residential, with some commercial businesses. Currently, the site exists as a graded
pad (adjacent to Hwy 194 S), with Whiteoak Creek west of the pad (flowing north -south), and is forested in the western portion of the parcel. There is one private residence —300ft off -site,
but primarily the site is vacant and wooded.
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:
4h. Explain the purpose of the proposed project: *
The purpose of the project is to provide commercial access to the larger portion of the parcel by crossing Whiteoak Creek.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project proposed to cross Whiteoak Creek with a 95"x67"x30' arch/squash culvert to gain property access. Types of equipment used may include heavy machinery such as a track -
hoe. Impacts to Whiteoak Creek include 40ft of permanent impacts for the culvert and 80ft of temporary impacts for dewatering during the culvert installation.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
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: USACE
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Amanda Jones, USACE on 12/29/2022
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 projector related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
Buffers
3. Stream Impacts

3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
Si
Culvert
Permanent
Culvert
Whiteoak Creek
Perennial
Both
5
Average (feet)
40
(linear feet)
S2
Temp. Dewatering
Temporary
Dewatering
Whiteoak Creek
Perennial
Both
5
Average (feet)
80
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
40
3i. Total stream and ditch impacts:
120
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
80
U
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
No work will take place from within the stream, all work will be completed from the streambanks. The proposed project will prevent future erosion to
Whiteoak Creek.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction will be timed and conducted in a manner that will not contribute any additional sediment/erosion into Whiteoak Creek.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The project does not exceed the thresholds to 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 not adjacent to protected riparian buffer within the 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
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.
No future development is anticipated at this time that could impact downstream water quality.
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?
USFWS IPaC
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA - Essential Fish Habitat Mapper, online
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?*
USACE - Amanda Jones
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Maps, online
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_coverletter.pdf
File must be PDF or KMZ
52.32MB
Comments
See attached

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:
Carrie Caviness
Signature
Date
1/24/2023

I N T E R F A C E
ENVIRONMENTAL
CONSULTING
January 23, 2023
RE: Blue Ridge Propane - New Location (Avery County)
This package includes materials and attachments pertinent to Pre -Construction Notification for a
proposed culvert in Avery County, NC. The property is owned by Jack Howard Trustee and is
located off Elk Park Highway in Newland, NC. Correspondence with the client and Amanda Jones,
USACE, is attached. Correspondence with Joey Winston, NCDEQ, was made over the phone on
01/11/2023. Mr. Winston stated that with a NW 14, activities will be covered underthe
corresponding GC 4246, and will be non -notifying for NCDEQ.
Please find the following materials included in this submission:
• Agent Authorization Form(s)
• Site Plans
• Plat
• USGS Topographic Map
• FEMA Firmette
• NC SHPO Map (HPO Web Mapper)
• USFWS Species List
• USACE Correspondence
• Client Maps
If you have any questions, please reach out to me directly.
Sincerely,
Sarah Kilby
Interface Environmental Consulting, LLC.
828-773-5523

AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. —NIA— PLAN NO.
PARCEL 113(S): 183700322-965
STREET ADDRESS. -0 Elk Park Hahway,. Newlarid, NC 28657
Property Own;er:
The undejrso.gned,, registered property owners of the above noted property, do hereby authorize
Of
(C-ont<acto rl Age nil (Consu4xing Firm)
to act on my behalf and take all actions -necessary fir the, processing, issUancc and acceptance
of ibis pi'rmit or ,certification and any standard and specaal conditions attached.
Property OwnWs Address (if different than property above):
NC 29657
Telephone: 7 -
We hereby certify, the above infon-natiart submitted in 11115 application is true and accurate to
the best of our knowledge.
"- --j4-6-k-u
Authorized
Date., / - / k - Q
L'd 91,9Z9 6/- E�8 ZPJBMOH 4010 CZ, 4

AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. N/A PLAN NO. N/A
PARCEL ID(s): 183700322865
STREET ADDRESS: 0 Elk Park Highway, Newland NC 28657
Property Owner: Patrick Howard
The undersigned, registered property owners of the above noted property, do hereby authorize
Carrie Caviness, PhD , of Interface Environmental Consulting LLC
(Contractor/Agent) (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 standard and special conditions attached.
Property Owner's Address (if different than property above):
P.O. Box 789, Newland, NC 28657
Telephone: SJ Y' 2� O- 1 Z y k
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
Authorized Signature:
Date:

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0036638
Project Name: Blue Ridge Propane - New Location
January 23, 2023
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

01/23/2023
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

01/23/2023
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
[phone]

01/23/2023
Project Summary
Project Code: 2023-0036638
Project Name: Blue Ridge Propane - New Location
Project Type: Stream/Waterbody - Channel/Diversion Structures
Project Description: Culvert installation for property access
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)36.113014899999996,-81.93378343821851,14z
Counties: Avery County, North Carolina

01/23/2023 3
Endangered Species Act Species
There is a total of 10 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
Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2657
Gray Bat Myotis grisescens
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
Endangered
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
Virginia Big -eared Bat Corynorhinus (=Plecotus) townsendii virginianus
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/8369

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4
Reptiles
NAME
STATUS
Bog Turtle Glyptemys muhlenbergii
Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA)
Appearance
No critical habitat has been designated for this species.
(Threatened)
Species profile: https:Hecos.fws.gov/ecp/species/6962
Clams
NAME
STATUS
Appalachian Elktoe Alasmidonta raveneliana
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/5039
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
Flowering Plants
NAME
STATUS
Virginia Spiraea Spiraea virginiana
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1728
Lichens
NAME
STATUS
Rock Gnome Lichen Gymnoderma lineare
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3933
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

01/23/2023
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.

01/23/2023
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 to Oct 10
and Alaska.
https:Hecos.fws.gov/ecp/species/9399

01/23/2023
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 to 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 to Aug 25
and Alaska.
Golden -winged Warbler Vermivora chrysoptera Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 20
and Alaska.
https:Hecos.fws.gov/ecp/species/8745
Northern Saw -whet Owl Aegolius acadicus acadicus Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 31
(BCRs) in the continental USA
Prairie Warbler Dendroica discolor Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
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 (■)
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

01/23/2023
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
Bald Eagle _
Vulneable ++++ + �� ���� �� ■ NONE NONE ■o i i& Jill LEME ME 0 ■■■�
Cuckoo
+++ ++++ ++++ ++++ ++++++ ++++
BCC Rangewide
(CON)
Canada Warbler —14
BCC Rangewide ++++ ++++ ++++ ++++ ++11 F '+ "++ +'++ ++++ —+++ ++++
(CON)

01/23/2023
4
Chimney Swift ]M!r'— ---r
BCC Rangewide ++++ ++++ ++++ +++""""' ,"+ "++ +'+' ++++ +++ ++++
i■■ ■��— ---- ---
(CON)
Golden -winged ,
Warbler +++ ++++ ++++ ++++ ++ ++++ ++ + ++++ —+++ ++++
BCC Rangewide
(CON)
Northern Saw -whet Owl
BCC -BCR
Prairie Warbler 1110 or
BCC Rangewide ++++ ++++ ++++ ++++ + + ++++ ++++ ++++,+++ ++++ —+++ ++++
(CON)
Rusty Blackbird I III Jill 1+ 1 1 1 1 1 1 1 1 1 1 1 1 1+++- i 1 Jill I I I I++++ I I I Jill
BCC -BCR
Wood Thrush ++++ ++++ ++++ ++++ 11+1 11+1 1++ + i ++++ +++++++ ++++
BCC Rangewide
(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/library
collections/avoidinp--and-minimizinv--incidental-take-mip-ratorv-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.
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.

01/23/2023
5
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?
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

01/23/2023 6
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 Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

01/23/2023
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
• R5UBH

01/23/2023
IPaC User Contact Information
Agency: Interface Environmental Consulting, LLC
Name: Sarah Duke
Address: 476 Hidden Pond
City: Boone
State: NC
Zip: 28607
Email [e-mail]
Phone: [phone]

1/23/23, 2:03 PM Gmail - Fwd: [Non-DoD Source] Re: Permit application for culvert/road crossing
Gil Sarah Duke <[e-mail]>
Fwd: [Non-DoD Source] Re: Permit application for culvert/road crossing
Carrie Caviness <carrie.caviness.1 @gmail.com>
To: Sarah Kilby <[e-mail]>
---------- Forwarded message ---------
From: Blue Ridge Propane <[e-mail]>
Date: Wed, Jan 11, 2023 at 10:16 AM
Subject: Fwd: [Non-DoD Source] Re: Permit application for culvert/road crossing
To: Carrie. Caviness.1 @gmail.com <Carrie.Caviness.1 @gmail.com>
---------- Forwarded message ---------
From: Blue Ridge Propane <[e-mail]>
Date: Wed, Jan 11, 2023 at 8:15 AM
Subject: Re: [Non-DoD Source] Re: Permit application for culvert/road crossing
To: Fuemmeler, Amanda J CIV USARMY CESAW (USA) <[e-mail]>
Thank you so much! Joey even recommended going that route!
On Wed, Jan 11, 2023 at 8:12 AM Fuemmeler, Amanda J CIV USARMY CESAW (USA)
<[e-mail]> wrote:
Here's a few:
Adam Williams, PWS
Brushy Fork Environmental Consulting, Inc.
10565 Highway 421 South
Trade, Tennessee 37691
ph: 423.727.4476
cell: 828.773.3820
www.bfec.org
Carrie Caviness, PhD
Interface Environmental Consulting, LLC.
476 Hidden Pond Rd
Boone, NC 28607
[phone]
Mon, Jan 23, 2023 at 1:16 PM
https://mail.google.com/mail/u/0/?ik=32eb26el 6b&view=pt&search=all&permmsgid=msg-f%3A1755838231893471820&dsqt=1 &simpl=msg-f%3A175... 1 /5

1/23/23, 2:03 PM Gmail - Fwd: [Non-DoD Source] Re: Permit application for culvert/road crossing
Jon Swaim
Project Manager
McGill Associates, P.A.
1240 19th Street Lane NW, Hickory, NC 28601
T 828.328.2024
C 828.434.0951
[e-mail]
mcgillassociates.com
Amanda Jones
828-271-7980 ext. 4225
From: Blue Ridge Propane <[e-mail]>
Sent: Monday, January 9, 2023 3:41 PM
To: Fuemmeler, Amanda J CIV USARMY CESAW (USA) <[e-mail]>
Subject: Re: [Non-DoD Source] Re: Permit application for culvert/road crossing
yeah see who's here and let me know! that would be great!
On Mon, Jan 9, 2023 at 11:39 AM Fuemmeler, Amanda J CIV USARMY CESAW (USA)
<[e-mail]> wrote:
Also can't remember if I mentioned but there are consulting firms that do this kind of work (submitting applications)
since it can be overwhelming. If that's something you might be interested in, there's a couple of folks in your area I
can put you in touch with.
Amanda Jones
828-271-7980 ext. 4225
From: Blue Ridge Propane <[e-mail]>
Sent: Monday, January 9, 2023 11:37 AM
To: Fuemmeler, Amanda J CIV USARMY CESAW (USA) <[e-mail]>
Subject: Re: [Non-DoD Source] Re: Permit application for culvert/road crossing
Sounds good.
On Mon, Jan 9, 2023 at 11:23 AM Fuemmeler, Amanda J CIV USARMY CESAW (USA)
<[e-mail]> wrote:
https://mail.google.com/mail/u/0/?ik=32eb26el6b&view=pt&search=all&permmsgid=msg-f%3A1755838231893471820&dsqt=1 &simpl=msg-f%3A175... 2/5

1/23/23, 2:03 PM Gmail - Fwd: [Non-DoD Source] Re: Permit application for culvert/road crossing
No problem -you may want to give Joey a call first to confirm what he needs for his review. I'll be in the office most
of Wednesday and Friday this week though if you have questions.
Amanda Jones
828-271-7980 ext. 4225
From: Blue Ridge Propane <[e-mail]>
Sent: Thursday, January 5, 2023 3:32 PM
To: Fuemmeler, Amanda J CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] Re: Permit application for culvert/road crossing
Amanda, I may give you a call and see what I need to do on this water side of things. Looks like a lot of stuff. I'm
guessing you've looked through all that he sent....
thanks,
Patrick
On Thu, Dec 29, 2022 at 4:33 PM Fuemmeler, Amanda J CIV USARMY CESAW (USA)
<[e-mail]> wrote:
Patrick,
Thanks for meeting out today. As discussed, you will need to submit a permit application (called a Pre -
Construction Notification) to our office to cross White Oak Creek. You can either fill out the attached and email
to me or use the portal (link below). You may also need to submit to the NC Division of Water Resources
(DWR) for a written 401 Water Quality Certification and I have copied Joey Winston who handles Avery County
on this email that you can reach out to regarding their requirements. His number is 828-296-4500.
The site does not have a designated floodway/floodplain as shown by the attach map provided by Avery
County. As discussed please include a plan and cross-section showing the details of the pipe and also include
this map I've already marked up. Feel free to reach back out with any questions.
Joey- I'm flexible on which permit we can use (NWP 39, 14, or 18) so if there's one that does not require a
written 401 and/or Individual Certification then please let me know and we can go that route to save some
time/paperwork on everyone's end. The site address is near 1661 Elk Park Highway, Newland. Coordinates
are: 36.113344-81.933941. They are proposing 40-feet of permanent impact with a 7-foot diameter culvert and
80-feet temp impact for dewatering.
https:Hdeq. nc.gov/aboutldivisions/water-resources/water-quality-permitting/401-buffer-permitting/application-
forms-help-documents
Amanda Jones
Regulatory Specialist
USACE-Asheville Regulatory Field Office
I
https://mail.google.com/mail/u/0/?ik=32eb26el6b&view=pt&search=all&permmsgid=msg-f%3A1755838231893471820&dsqt=1 &simpl=msg-f%3A175... 3/5

1/23/23, 2:03 PM Gmail - Fwd: [Non-DoD Source] Re: Permit application for culvert/road crossing
828-271-7980 ext. 4225
This document and the document(s) accompanying this transmission may contain confidential, protected information
that is legally privileged. This information is intended only for the use of the individual or entity named above. The
authorized recipient of this information is prohibited from disclosing this information to any other party unless required
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This document and the document(s) accompanying this transmission may contain confidential, protected information
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authorized recipient of this information is prohibited from disclosing this information to any other party unless required to
do so by law or regulation and is required to destroy the information after its stated need has been fulfilled. If you are
not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or action taken in reliance
on the contents of these document(s) is strictly prohibited. If you have received this information in error, please notify
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This document and the document(s) accompanying this transmission may contain confidential, protected information that
is legally privileged. This information is intended only for the use of the individual or entity named above. The authorized
recipient of this information is prohibited from disclosing this information to any other party unless required to do so by law
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and arrange for the return or destruction of the document(s).
This document and the document(s) accompanying this transmission may contain confidential, protected information that is
legally privileged. This information is intended only for the use of the individual or entity named above. The authorized
recipient of this information is prohibited from disclosing this information to any other party unless required to do so by law
or regulation and is required to destroy the information after its stated need has been fulfilled. If you are not the intended
recipient, you are hereby notified that any disclosure, copying, distribution, or action taken in reliance on the contents of
these document(s) is strictly prohibited. If you have received this information in error, please notify the sender immediately
and arrange for the return or destruction of the document(s).
This document and the document(s) accompanying this transmission may contain confidential, protected information that is
legally privileged. This information is intended only for the use of the individual or entity named above. The authorized
recipient of this information is prohibited from disclosing this information to any other party unless required to do so by law
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1/23/23, 2:03 PM Gmail - Fwd: [Non-DoD Source] Re: Permit application for culvert/road crossing
Carrie Caviness, PhD
Interface Environmental Consulting, LLC.
476 Hidden Pond Rd
Boone, NC 28607
[phone]
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