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HomeMy WebLinkAbout20230357 Ver 1_ePCN Application_20230307DWR 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: 3/7/2023 BIMS # Assigned * Version#* 20230357 1 Is a payment required for this project? * No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Andrew Pitner:andrew.pitner@ncdenr.gov Information for Initial Review la. Name of project: Irwin Creek Greenway la. Who is the Primary Contact?* Katherine Shumaker Reviewing Office* Mooresville Regional Office - (704) 663-1699 1b. Primary Contact Email: * lc. Primary Contact Phone: * kshumaker@dewberry.com (434)549-8510 Date Submitted 3/7/2023 Nearest Body of Water Irwin Creek Basin Catawba Water Classification C Site Coordinates Latitude: 35.296905 A. Processing Information Longitude: -80.824683 Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Mecklenburg 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 1b. 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: 42 - Recreation Facility 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: If. 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 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 Id. 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: Multiple - linear trail 2b. Deed book and page no.: N/A 2c. Contact Person: Mecklenburg County Asset & Facility Management, C/O: C. Brian Bennett 2d. Address Street Address 3205 Freedom Drive Address Line 2 Suite 6000 City Charlotte Postal / Zip Code 28208 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region North Carolina Country US Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (980)505-1454 2g. Email Address:* brian.bennett@mecklenburgcountync.gov 3. Applicant Information (if different from owner) 3a. Name: C. Brian Bennett 3b. Business Name: Mecklenburg County Asset & Facility Management 3c. Address Street Address 3205 Freedom Drive Address Line 2 Suite 6000 City Charlotte Postal / Zip Code 28208 3d. Telephone Number: (980)505-1454 3f. Email Address: * brian.bennett@mecklenburgcountync.gov 4. Agent/Consultant (if applicable) 4a. Name: Katherine Shumaker 4b. Business Name: Dewberry Engineers, Inc State / Province / Region North Carolina Country US 3e. Fax Number: 4c. Address Street Address 551 Piney Forest Road Address Line 2 City State / Province / Region Danville Virginia Postal / Zip Code Country 24540 US 4d. Telephone Number: 4e. Fax Number: (434)549-8510 4f. Email Address:* ks h u m a ke r@dewberry. c o m C. Project Information and Prior Project History O 1. Project Information 1b. Subdivision name: (if appropriate) N/A lc. Nearest municipality / town: Charlotte 2. Project Identification 2a. Property Identification Number: 04542102,0452101,04536101,04523499, 04524112 2b. Property size: 336 2c. Project Address Street Address Statesville Road Address Line 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28269 US 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Irwin 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. 030501030101 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 area begins along Statesville Road and heads east into Nevin Community Park. The first one -mile section of the project area is within the most developed area of the park. The area includes sporting fields, playgrounds, picnic areas, and paved parking lots. The second one -mile section is primarily a wooded section of the park. There are several bare -ground biking and walking trails throughout the forest. There are several stream crossings along the project route. The wooded section of the trail comes out at Nevin Road. The trail continues 250ft south on Nevin Road before crossing and entering the woods on the eastern side of Nevin Road. The trail continues approximately 0.35 miles south-southeast and terminates along Cheviot Road. Nevin Community park and the proposed Irwin Creek Greenway are surrounded by residential properties and schools. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.01 4g. List the total estimated linear feet of all existing streams on the property: 1214 4h. Explain the purpose of the proposed project: * The purpose of the project is to provide an approximately 12,600-linear outdoor recreational walking trail to the local community. The greenway is predominately asphalt but includes 400 linear feet of elevated boardwalk, six pre -fabricated bridges, and one (1) 10' long swale bridge. The boardwalk will be 12 feet wide wood -framed boardwalk with a concrete deck over the wood joists. The boardwalk will be supported by driven wood piles and concrete abutments. The pre -fabricated pedestrian bridges will be 12 feet wide and will be pre-engineered steel bridges. The one (1) 10' swale bridge will be 8 feet wide. The asphalt trail will be 12 feet wide. The boardwalk will be located in the FEMA flood zones along Irwin Creek and other on -site streams and wetlands. There are several residential properties and local schools in the vicinity of the proposed trail that could utilize the outdoor walking trail. The project is expected to begin in June/July 2023 and is expected to be completed by December 2024. Trees will be cleared in sections throughout the project as the contractor sees fit, most clearing should occur towards the beginning of the project working around the park events. This will likely occur in the fall of 2023. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project will create 13.68 acres of ground disturbance. Of that acreage, 0.01 acres of Palustrine Forested (PFO) Wetland will be permanently impacted by the construction of a boardwalk along the greenway. Approximately 158 linear feet of stream will be temporarily impacted by the project. 26 linear feet of the stream will be temporarily impacted by the removal of an existing culvert. This stream area will have the bed and bank of the stream restored. The remaining 282 linear feet of temporary stream impacts will be due to temporary stream crossings. The stream crossings will utilize corrugated metal pipes (size and number may vary at each crossing), filter fabric, riprap, and 6" washed stone. The City of Charlotte Land Development Standard 30 No.14 will be met and is included in the PCN. Dikes or cofferdams and check dams will be utilized in streams with baseflow. The Mecklenburg County Land Development Standard 30 No.18 will be met and is included in the PCN. Exact equipment will be decided by the subcontractor, but expect pile drivers from top -down construction for boardwalk areas, as well as percussive machinery for compaction outside of the sewer easement. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes Comments: No 0 Unknown The PJD request was submitted on 5/16/2022. The project was assigned to Mr. Steve Kichefski. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2022-01137 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Katherine Shumaker Dewberry Engineers, Inc Other: 6. Future Project Plans 6a. Is this a phased project? * Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* 3 Land clearing P Floodplain Pool WA Yes Corps 0.008 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.008 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.008 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Culvert Removal Temporary Bank Stabilization SA Perennial Corps 3 Average (feet) 26 (linear feet) S2 Stream Crossing Temporary Other SC Perennial Corps 15 Average (feet) 29 (linear feet) S3 Stream Crossing Temporary Other SD Perennial Corps 25 Average (feet) 33 (linear feet) S4 Stream Crossing Temporary Other SE Perennial Corps 25 Average (feet) 27 (linear feet) S5 Stream Crossing Temporary Other SF Perennial Corps 12 Average (feet) 29 (linear feet) S6 Stream Crossing Temporary Other SG Perennial Corps 8 Average (feet) 14 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total stream and ditch impacts: 158 3j. Comments: E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 158 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The overall trail route was decided based on the least intrusive route from Nevin Park, through Ribbonwalk Nature Preserve, and through Allen Hills Park. It was refined through conversations with Mecklenburg County and more specifically the director of Ribbonwalk Nature Preserve, Which pushed the greenway south, farther into the floodplain. This is to preserve the steep 2:1 slope on the north side of Irwin Creek which is an important stand of trees for conservation as well as erosion control. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Materials and equipment needed to complete the crossings will be on the site prior to starting construction to limit the time in sensitive areas. All permanent stream crossings associated with the trail, will be bridge crossings so permanent impacts to the streams will be avoided. Access for construction vehicles will use temporary culverts over stream crossings. Stream crossings will cross the stream channels at a perpendicular angle. This project will incorporate appropriate Best Management Practices for the control of sediment and erosion. No waste, spoil, solids, or fill of any kind will occur in wetlands or waters beyond the footprint of the impact (including temporary). One (1) existing trail crossing will be modified to remove the existing culvert, restore the stream bed and bank, and bridge the area for the trail. 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: All stream crossings are temporary and will be restored to pre-existing conditions. The permanent wetland impact is 0.008 acres. The county greenway projects are looked at collectively by the Corps. We propose that with minimal clearing in the wetland area and leaving the stumps, the restoration of 26 linear feet of the stream channel at Impact 1 will result in no net loss for the project. 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: 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 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes No Comments: * No NEPA or SEPA is required as this is a county project. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? * Yes No 3b. If you answered "no," provide a short narrative description. No additional trail is anticipated after the project is complete. The project will not create additional development in the area. n 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? U.S. Fish and Wildlife Service Information for Planning and Consultation (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? * National Oceanic and Atmospheric Administration (NOAA) Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? * Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? * NC Historic Preservation Office HPOWEB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? * Yes No 8b. If yes, explain how project meets FEMA requirements: A Surface Water Improvement and Management (SWIM) buffer impact plan has been developed and will be submitted to Mecklenburg County Land Development along with the bridge and boardwalk permit. Floodplain development permits are in development by the project engineers. 8c. What source(s) did you use to make the floodplain determination?* FEMA National Flood Map Service Center 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 Irwin Creek PCN Coverletter.pdf 31.53MB File must be PDF or KMZ Comments 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: Katherine J. Shumaker Signature Wia /.1,c�uatEct Date 3/7/2023 March 7, 2023 ATTN: Meagan Jolly United States Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 K.M.Jolly@usace.army.mil RE: Pre -Construction Notification for Irwin Creek Greenway Project Mecklenburg County, North Carolina Dear Ashville Regulatory Field Office: Mecklenburg County Parks and Recreation (County) submits the enclosed Pre -Construction Notification (PCN) for the Irwin Creek Greenway Project. The county is proposing to construct 12,00 linear feet of pedestrian greenway from Nevin Park, through Ribbonwalk Nature Preserve, and through Allen Hill Park. Dominion. The project area is in Mecklenburg County, North Carolina. The project will result in permanent impacts of approximately 0.008 acres of Palustrine Forested (PFO) wetlands in order to place new a boardwalk along the trail. The project will result in temporary impacts to approximately 158 linear feet of perennial (R3) streams in order to provide access to the trail for construction. No section 10 waters are located within the project area. Based on the scope of the proposed work, the project appears to meet the terms and conditions of Nationwide Permit (NWP) - 42 (Recreational Facilities). The county submitted a Preliminary Jurisdictional Determination (PJD) for the proposed project on May 13, 2022, to the U.S. Army Corps of Engineers (Corps). The applicant respectfully requests verification from the Corps that the activities are authorized under the NWP program. If you have any questions or need any additional information, please contact Katherine Shumaker at 434- 549-8510 or Kshumaker@dewberry.com. Regards, �i� Katherine J. Shumaker Environmental Scientist Enclosures: 1. Aerial Site Map 2. Federal Emergency Management Act (FEMA) Flood Insurance Map 3. Information for Planning and Consultation (IPaC) Report 4. North Carolina State Historic Preservation Office (NCSHPO) Map 5. Agent Authorization Form 6. WOTUS and Wetland Exhibits 7. Stream Impact Map Attachment 1 Aerial Site Map 5 CC . Pe, 1:� , ef le Iled IL `-ter •-r .ti. ,. _t� � Pi ��. ..' ~i 4 0,77 NL Ir .41 � r •' ► �. a 9S- s/r ',yam _� �, .•. o,,, . , \^- •C � 7s ` Lek , ' + '_!� 't'{ .��, 4000 ft sib ^rIIrn '1 • Aa i 1 r Attachment 2 Federal Emergency Management Act (FEMA) Flood Insurance Map National Flood Hazard Layer FI RMette *FEMA Legend 8Oo5O'34"W 35o18'30"N SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT I.V,VVV 0 250 500 1,000 1,500 2,000 Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 Without Base Flood Elevation (BFE) Zone A, V, A99 SPECIAL FLOOD Wit hBFE orDepthZoneAE,AD,AH,Ve,Aa HAZARD AREAS Regulatory Floodway OTHER AREAS OF FLOOD HAZARD 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zonex Future Conditions 1% Annual 4 '- Chance Flood Hazard Zonex "Area with Reduced Flood Risk due to Levee. See Notes. Zonex " Area with Flood Risk due to Leveezone D NOSCREEN Area of Minimal Flood Hazard Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard GENERAL - — - - Channel, Culvert, or Storm Sewer STRUCTURES IIIIIII Levee, Dike, or Floodwall e zo.z Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation a - - - Coastal Transect —sfa— Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary — --- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature Digital Data Available AN El No Digital Data Available MAP PANELS El Unmapped QThe pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/1/2023 at 10:30 AM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data overtime. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. National Flood Hazard Layer FI RMette *FEMA Legend 80o50'14"W 35o18'27"N SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT I.V,VVV 0 250 500 1,000 1,500 2,000 Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 Without Base Flood Elevation (BFE) Zone A, V, A99 SPECIAL FLOOD Wit hBFE orDepthZoneAE,AD,AH,Ve,Aa HAZARD AREAS Regulatory Floodway OTHER AREAS OF FLOOD HAZARD 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zonex Future Conditions 1% Annual 4 '- Chance Flood Hazard Zonex "Area with Reduced Flood Risk due to Levee. See Notes. Zonex " Area with Flood Risk due to Leveezone D NOSCREEN Area of Minimal Flood Hazard Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard GENERAL - — - - Channel, Culvert, or Storm Sewer STRUCTURES IIIIIII Levee, Dike, or Floodwall e zo.z Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation a - - - Coastal Transect —sfa— Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary — --- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature Digital Data Available AN El No Digital Data Available MAP PANELS El Unmapped QThe pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/1/2023 at 10:36 AM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data overtime. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. National Flood Hazard Layer FI RMette *FEMA Legend 80o 50'1"W 35o 18'8"N SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT I.V,VVV 0 250 500 1,000 1,500 2,000 Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 Without Base Flood Elevation (BFE) Zone A, V, A99 SPECIAL FLOOD Wit hBFE orDepthZoneAE,AD,AH,Ve,Aa HAZARD AREAS Regulatory Floodway OTHER AREAS OF FLOOD HAZARD 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zonex Future Conditions 1% Annual 4 '- Chance Flood Hazard Zonex "Area with Reduced Flood Risk due to Levee. See Notes. Zonex " Area with Flood Risk due to Leveezone D NOSCREEN Area of Minimal Flood Hazard Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard GENERAL - — - - Channel, Culvert, or Storm Sewer STRUCTURES IIIIIII Levee, Dike, or Floodwall e zo.z Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation a - - - Coastal Transect —sfa— Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary — --- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature Digital Data Available AN El No Digital Data Available MAP PANELS El Unmapped QThe pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/1/2023 at 10:42 AM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data overtime. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. National Flood Hazard Layer FI RMette *FEMA Legend 80o49'37W 35o1748"N SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT I.V,VVV 0 250 500 1,000 1,500 2,000 Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 Without Base Flood Elevation (BFE) Zone A, V, A99 SPECIAL FLOOD Wit hBFE orDepthZoneAE,AD,AH,Ve,Aa HAZARD AREAS Regulatory Floodway OTHER AREAS OF FLOOD HAZARD 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zonex Future Conditions 1% Annual 4 '- Chance Flood Hazard Zonex "Area with Reduced Flood Risk due to Levee. See Notes. Zonex " Area with Flood Risk due to Leveezone D NOSCREEN Area of Minimal Flood Hazard Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard GENERAL - — - - Channel, Culvert, or Storm Sewer STRUCTURES IIIIIII Levee, Dike, or Floodwall e zo.z Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation a - - - Coastal Transect —sfa— Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary — --- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature Digital Data Available AN El No Digital Data Available MAP PANELS El Unmapped QThe pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/1/2023 at 1:42 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data overtime. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. National Flood Hazard Layer FI RMette *FEMA Legend 80o49'27W 35o1730"N SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT I.V,VVV 0 250 500 1,000 1,500 2,000 Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 Without Base Flood Elevation (BFE) Zone A, V, A99 SPECIAL FLOOD Wit hBFE orDepthZoneAE,AD,AH,Ve,Aa HAZARD AREAS Regulatory Floodway OTHER AREAS OF FLOOD HAZARD 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zonex Future Conditions 1% Annual 4 '- Chance Flood Hazard Zonex "Area with Reduced Flood Risk due to Levee. See Notes. Zonex " Area with Flood Risk due to Leveezone D NOSCREEN Area of Minimal Flood Hazard Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard GENERAL - — - - Channel, Culvert, or Storm Sewer STRUCTURES IIIIIII Levee, Dike, or Floodwall e zo.z Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation a - - - Coastal Transect —sfa— Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary — --- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature Digital Data Available AN El No Digital Data Available MAP PANELS El Unmapped QThe pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/1/2023 at 10:46 AM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data overtime. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Attachment 3 Information for Planning and Consultation (IPaC) Report United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2023-0040352 Project Name: Irwin Creek Greenway February 01, 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 02/01/2023 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 02/01/2023 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 (828) 258-3939 02/01/2023 Project Summary Project Code: 2023-0040352 Project Name: Irwin Creek Greenway Project Type: Recreation - New Construction Project Description: Mecklenburg County, NC Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.2952009,-80.82385586842643,14z III } RenoA-Ih R� fkaI Mddkb k _ Iks�nwa4k MUNG 411k1w L9 a Counties: Mecklenburg County, North Carolina 02/01/2023 3 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 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 Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Smooth Coneflower Echinacea laevigata Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3473 02/01/2023 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 02/01/2023 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. 02/01/2023 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 Jul 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 02/01/2023 BREEDING NAME SEASON 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. Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) 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 02/01/2023 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 ii;' ■ "'1VNon-BCCulncable ;i ■i+��+ ■■■il. Black -Cuckoo ++++ ++++ ++++ ++ 1 III"""""'1�$+++ + + + Cuckoo ++ * ++ ++ +++ BCC Rangewide (CON) Chimney SwiftBCC Rangewd+ —e ++++ ++++...11111 Jill 11111 Jill Jill Jl ++ ++++ ++++ (CON) 02/01/2023 4 Kentucky Warbler M+M+7 --M BCC Rangewide -dm mmmm ANN No hL (CON) Praire Warbler BCC 1Rangewide ++++ ++++ ++++ ++++ fii-4- +--+ +1 ++++ ++++ (CON) kh o�� 6 Warbler tart' ++++ ++++ ++++ M1 Wo MI IFT-4-' 1 +1+ ++ Warbler ++ +�� + ++ ++++ ++++ BCC Rangewide +omb MMM (CON) Red-headed '■■]'[■■ -4 ' 1,+ l+ Woodpecker , + ++ + ++ ++ + +++ +++ ++ +�� + ++ ++'+'+++ BCC Rangewide .dm MEN ME NEM 0 (CON) Rusty Blackbird ++++ ++++ +-++ ++++ +++— +—++ +--+ ++++ ++++ ++++ ++++ BCC -BCR Wood Thrush + I I I BCC Rangewide 1111 111+ 11JI 1111 +'—+ Jill 11+4 1 i i 1 i i i 1 (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/avoidins7-and-minimizins7-incidental-take-mis7ratorv-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. 02/01/2023 5 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? 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). 02/01/2023 6 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 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. 02/01/2023 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 • R2UBH FRESHWATER FORESTED/SHRUB WETLAND • PF01A 02/01/2023 IPaC User Contact Information Agency: Dewberry Name: Katherine Shumaker Address: 551 Piney Forest Rd City: Danville State: VA Zip: 24540 Email khhumaker@dewberry.com Phone: 4345498510 Attachment 4 North Carolina State Historic Preservation Office (NCSHPO) Map m � r� __ ` {- lam\ * .. , • •4•' i � •+�I4 f� '• 41 die 44 A. dp jr - 4V. atop ` f'• 7 l`}' r' ..c _ A '- �.� w y Li&* M&L If Attachment 5 Agent Authorization Form AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: 04542102, 04542101, 04536101, 04523499, 04524112 STREET ADDRESS: 6000 Statesville Road, Charlotte, NC 28269 (PID: 04542101) Please print: Property print: Mecklenburg County, 600 E 4th St, Charlotte NC 28202 Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Katherine J. Shumaker of Dewberry Engineers Inc. (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Mecklenburg County Asset & Facility Management, C/O: Brian Bennett 3205 Freedom Drive, Suite 6000, Charlotte, NC 28208 Telephone: 9 80 -5 05 -1454 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. G. 3-tom 3e� Authorized Signature Authorized Signature Date: 05/09/2022 Date: Attachment 6 WOTUS and Wetland Exhibits Legend Proposed Greenway Path Irwin Creek (GIS) Roads Strip Map Index L_ 3 1 .>. J 7 �` NO, Wetland/WOTUS Table: Irwin Creek Greenway Map ID Classification Square Feet Acreage Linear Feet Lat/Long Data Point WA PFO 359.8 0.008 -- 35.298212/-80.826677 DP1 SA R3 -- -- 239 35.304577/-80.836656 N/A SB R3 -- -- 128 35.305995/-80.834141 N/A SC R3 -- -- 170 35.298138/-80.827732 N/A SD R3 -- -- 183 35.298168/-80.826328 N/A SE R3 -- -- 146 35.297490/-80.825453 N/A SF R3 -- -- 110 35.296047/-80.824154 N/A SG I R3 -- -- 81 35.292628/-80.821638 1 N/A SI I R3 -- -- 157 35.287234/-80.818602 1 N/A Irwin Creek Greenway WOTUS and Wetland Exhibits IQ OT 18 4W9! '`'•'''194699? Dewberry N 0 375 750 1,500 Feet 9 J 1 inch = 750 feet Sheet 1 of 9 Irwin Creek Greenway WOTUS and Wetland Exhibits uI[ r f I Legend Proposed Greenway Path Streams Wetlands Culverts L Parcels i d ,F Stream SA c .� - r a e -4L jr 7 Y 1 iit q. er.ti 9 JL • � � pa Ilk YAM M NONE' Dewberry ° i .0 1 N 0 10 20 40 Feet )k 1 inch = 20 feet Sheet 2 of 9 Irwin Creek Greenway WOTUS and Wetland Exhibits Legend Proposed Greenway Path Streams Wetlands Culverts L Parcels RRW%71 - - Dewberry 0 10 20 40 Feet 1 inch = 20 feet Sheet 3 of 9 Irwin Creek Greenway WOTUS and Wetland Exhibits .� � ;a •• p�� a ^� 4' �• �� a �ti , 4 , - F� � �� ". u ` ' a e r 5 - e V- ' d - L , ] til4t' ` ' ~ •b • , ,i �� IPA _ _ "y a Ji+• � 'd� ti 31 Falk - Air 41 19 dr 4 s . r � •i a' s � ;Y L •! 4 5 �L-17 Y. • m Vp -F i•. " Or IL a ' �•_•,Dewberry@ N 0 10 20 40 Feet 1 inch = 20 feet Sheet 4 of 9 Irwin Creek Greenway WOTUS and Wetland Exhibits WetIand,WA t � • R �u f a q _ 'P A e Vk Strean k ILI Legend Proposed Greenway Path Streams Wetlands CCulverts L Parcels z .r IV. S41 4 5 �L_ 17 S MM ,'0" Dewberry le. , N 0 10 20 40 Feet 1 inch = 20 feet Sheet 5 of 9 Irwin Creek Greenway WOTUS and Wetland Exhibits Legend Proposed Greenway Path Streams Wetlands Culverts L Parcels xPO S Stream SE MM NONE' Dewberry ° i .0 1 N 0 10 20 40 Feet 1 inch = 20 feet Sheet 6 of 9 Irwin Creek Greenway WOTUS and Wetland Exhibits Legend Proposed Greenway Path Streams Wetlands Culverts L Parcels F ; # { A. 3. 4 y� v or ' r 1 f 9 A.A4 4 5 7 !!r—. T, YAM M ,�•�'•'' .�Dewberr ° rr N 0 10 20 40 Feet 1 inch = 20 feet Sheet 7 of 9 Irwin Creek Greenway WOTUS and Wetland Exhibits • z . , s 4 a e 7 y - s , Aa # , jC s r4-tAiL - 2 -r 3 4 -5� 17 �• s ����i IISO? Dewberry° , 4 i a_ �'AX � S N 0 10 20 40 Feet k_i U I V C l LJ _74U Parcels L # z 1 inch = 20 feet Sheet 8 of 9 Irwin Creek Greenway WOTUS and Wetland Exhibits i ti 5 y Stream Sit k Legend Proposed Greenway Path Streams Wetlands Culverts L , Parcels 4 5 �L-17 YAM �•_•,Dewberry -N 0 10 20 40 Feet 1 inch = 20 feet Sheet 9 of 9 Attachment 7 Stream Impact Map 4 Wedand Impacts Table impacE Number impact Type Impact Description Zone ID Cowardin Classification Length (Linear F0 Area (Sq FE.� Area (Acres) Latitude Longitu-de 1 TE Culvert removal SA. R3 26 - -- 35-304577 -80-836656 2 TE Strearrtcrossing SC R3 29 - - 35-298138 -80-827732 3 PE Tree remcwal and permanent board -walk OVA PF0 — 360 0-G08 36-298212 -80-826677 4 TE Stream crossing SD P3 33 — — 35-298168 -80-826328 5 TE Stream crossing SE R3 27 — — 35.297490 -80-826453 6 TE Stream crossing SF R3 21 — — 35.296047 -80-324154 7 TE Stream crossing SG R3 1-1 35-287234 -80-818602 Temporary Impacts R3 158 Permanent Impacts PFO _ 360 0 CI CONSTRUCTION SEQUENCE FOR STREAM CROSSING A PRECONSTRUCTION MEETING MUST BE HELD PRIOR TO ANY CREEK CROSSING. TH15 INCLUDES ALL UTILITY CROSSINGS AND PERMANENT C R0551 N G5 . 2. LIMIT TIME Of EXPOSURE - ALL MATERIALS AND EQUIPMENT NEEDED TO COMPLETE THE CROSSING MUST BE ON SITE PRIOR TO STARTING. THERE MUST AL50 BE SUITABLE WEATHER CONDITIONS PER CHARLOT-MECKLENBURG LAND DEVELOPMENT STANDARD 30. 18, (DETAIL #7, SHEET L800). 3. LIMIT EXPOSED AREAS - MINIMIZE THE SIZE Of THE AREA EXPOSED AT ANY ONE TIME. 4. CONTROL SURFACE WATER - DETERMINE THE BEST TECHNIQUE AND GAIN APPROVAL FROM THE WATER QUALITY INSPECTOR. SOME EXAMPLES INCLUDE BUT ARE NOT LIMITED TO: PUMP AROUND, TEMPORARY PIPE AROUND, TEMPORARY CHANNEL DIVERSION, BRIDGE MAT, ECT. 5. CONTROL SEDIMENT - A5 SHOWN ON THE APPROVED PLANS. INNOVATIVE AND ADDITIONAL MEASURES MAY BE REQUIRED BY THE WATER QUALITY INSPECTOR. G. SURVEY THE LIMITS OF DISTURBANCE AND MARK WITH CONTINUOUS FLAGGING - SURVEY THE LOCATION Of THE SUPPORTS, HEADWALLS, LIMITS OF DISTURBANCE BASED ON THE APPROVED PLANS. CALL THE WATER QUALITY INSPECTOR FOR AN INSPECTION AND SET UP A STREAM SIDE CROSSING PRE CONSTRUCTION MEETING WITH THE WATER QUALITY INSPECTOR PRIOR TO STARTING ANY WORK. TH15 MEETING SHALL TAKE PLACE AT LEAST 48 HOURS PRIOR TO WORKING IN THE STREAM. 8. INSTALL ALL EROSION CONTROL MEASURES- MINIMIZE THE DISTURBED AREA. 9. INFORM THE WATER QUALITY INSPECTOR - NOTIFY INSPECTOR REGARDING COMPLETION OF DEVICE INSTALLATION AND REQUEST AN INSPECTION FOR COMPLIANCE. 10. MAINTENANCE - MAINTAIN ALL MEASURES AND DEVICES DAILY, MAKING IMMEDIATE REPAIRS WHEN NEEDED. LEGEND EXISTING PROPERTY LINE ADJACENT PROPERTY LINES EXISTING SAN. SEWER LINE W/ MANHOLE EXISTING SANITARY SEWER R/W EXISTING SPOT ELEVATION EXISTING CONTOUR LINE PROPOSED CONTOUR LINE PROPOSED SPOT ELEVATION TOP OF BANK S.W.I.M. 30' STREAM SIDE ZONE S.W.I.M. 45' MANAGED USE ZONE S.W.I.M. 25' UPLAND USE ZONE EXISTING TREE EXISTING TREE LINE EXISTING STORM DRAINAGE EXISTING & PROPOSED FLARED END SECTION GREENWAY TRAIL CENTERLINE ASPHALT GREENWAY SIDEWALK WITH SCORE LINES SIGNAGE TRASH CAN APPROACH PAD/LANDING AREA SILT FENCE HEAVY DUTY SILT FENCE TREE PROTECTION FENCE TEMP. ROCK CHECK DAM SILT FENCE OUTLET STRUCTURE STABILIZED CONSTRUCTION ENTRANCE RIP —RAP APRON DRAINAGE SLOPE DRAINAGE SWALE—MATTED HARDWARE & CLOTH INLET PROTECTION STORM DRAIN WITH RIP RAP OUTLET STATION STATION NUMBER TOP OF WALL ELEVATION BOTTOM OF WALL ELEVATION LIMITS OF DENUDED AREA EXISTING EASEMENT (AS LABELED) UNDERGROUND ELECTRIC SANITARY SEWER LINE OVERHEAD TELEPHONE OVERHEAD ELECTRIC FIBER OPTIC LINE CABLE TV UNDERGROUND TELEPHONE S ® _SS X 750.00 750 - 750 ®784.75 S. W.I. M BUFFER STREAMSI DE ZONE S.W.I.M BUFFER MANAGED ZONE S.W.I.M BUFFER UPLAND ZONE 12" HARDWOOD EXIST. 24" PIPE — SD SD n � 0 _x x x x — TP TP IIIIIIIIIIIIII■ IIIIIIIIIIIIII■ 55+50 TW: 525.00 BW: 523.00 1OD IOD 0 UE SS OT OE FO TV UT F'KOJECT: IRWIN CREEK GREENWAY STATESVILLE RD. TO CHEVIOT RD. I"KEPARED BY: V§§Akwirth Associates LANDSCAPE ARCHITECTS AND LAND PLANNERS 1230 W. Morehead St. Suite 212 Charlotte, NC 28208 Phone. 704-375-1588 fax 704-375-3844 Email..- gwirth®wirthassociates.com Landworks Design Group, PA CREATING SPACES TO LIVE. WORK AND PLAY IMIOWMNIaieheedSueeLSuite 304 td 704-M14604 Chr1aft NC 28208 fax 704-8414604 SEAL y**esCA 1�ERle++++ :Q • 429 ni •� 4� sit % +ai+ell���iF4� 02/20/2023 DKAWN 15Y: CHECKED 15Y: SCALE: DATE: KEVISIONS: GNW 1 "=400-0" 02.20.2023 NO: DATE: DESCRIPTION: BY: SHEET TITLE: OVERALL STREAM I M PACT PLAN SHEET NO.: L900 — — --4__ FIG • GPS#4 ELE\/=8 1039 \ \ a R,aA S1111ILLI RD E WERE UNABLE ,o OBTAIN ,HE OOF Foo,'NETo t3 \ \ N IMPACT I \ I STREAM SA (R3) NO TEMPORARY IMPACTS I 26 LF OF STREAM RESTORED I H FROM PIPE REMOVAL \ ®\ a �o I Qs I p °o & 21 lo TLIT 2' — ao, ao, ,, .,, E IC, — _ — �� ATT, L OL I B. —21L LOB g 0 00 oo, _ ao, ao, cn• �g cn U r-1 LJ IMP ® _ oo> � oo, � PROJECT: I IOW I N CREEK GREENWAY STATESVILLE RD. TO CHEVIOT RD. PREPARED BY: V§§&/,-rirth & Associates LANDSCAPE ARCHITECTS AND LAND PLANNERS 1230 W. Morehead St. Suite 212 Charlotte, NC 28208 Phone: 704-375-1588 Fox. 704-375-3844 Email. gw1rth0W1rthosaociotes.Com Landworks Design Group, PA CREATING SPACES TO LIVE. WORK AND PLAY 123OVIMPlaeheed9lneetSuNS304 i&704-8414W4 Crorw" NC 2820E fan 704-N14604 SEAL: j 429 �. rf +�.l1ISj 1{%tii 02/20/2023 DRAWN 15Y. _ CHECKED 15Y: SCALE: DATE: REVISIONS: NA GNW 1 "=40'—O" 02.20.2023 NO: DATE: DESCRIPTION: BY: SHEET TITLE: STREAM I M PACT PLAN SHEET NO.: L90 i oa — — I MATCH LINES — — .ET L903 I i MATCH LINE SEE SHEET L903 PROJECT: I IOW I N CREEK GREENWAY STATESVILLE RD. TO CHEVIOT RD. PREPARED BY: VOk-rirth & Associates LANDSCAPE ARCHITECTS AND LAND PLANNERS 1230 W. Morehead St. Suite 212 Charlotte, NC 28208 Phone: 704-375-1588 Fox. 704-375-3844 Email. gw1rth0W1rtha3a0c1ateS.Com Landworks Design Group, PA CREATING SPACES TO LIVE. WORK AND PLAY 123OVkallaeheedSbee S&004 i&704-8414604 Crorlo" NC 2820E fare 704-8414604 0 20 40 80 I inch = 40 ft. SEAL: r • j 429X. 1� • _ i rf +e•l1ISj Ie%� 0 1212012023 DRAWN 15Y: NA CHECKED 15Y: GNW SCALE: 1 II=40'-0" DATE: 02.20.2023 REVISIONS: NO: DATE: DESCRIPTION: BY: SHEET TITLE: STREAM I M PACT PLAN SHEET NO.: L90 2 MATCH LINE MATCH LINE SEE SHEET L902 SEE SHEET L902 - � � � S. W.I.M BUF,gR UPLAND ZO n MATCH LINE SEE SHEET L904 PROJECT: I IOW I N CREEK GREENWAY STATESVILLE RD. TO CHEVIOT RD. PREPARED BY: VO4%, 'Tirth & :ociates LANDSCAPE ARCHITECTS AND LAND PLANNERS 1230 W. Morehead St. Suite 212 Charlotte, NC 28208 Phone: 704-375-1588 Fox. 704-375-3844 Email. gw1rth0W1rtha3a0c1ateS.Com Landworks Design Group, PA CREATING SPACES TO LIVE. WORK AND PLAY 123OVkallaeheedSbee S&004 i&704-8414604 Chellatte. NC 2820E fare 704-8414604 SEAL: r • j 429X. 1� • _ i rf +e•l1ISj Ie%� 02/20/2023 DRAWN 15Y: NA CHECKED 15Y: GNW SCALE: 1 11=40'-0" DATE: 02.20.2023 REVISIONS: NO: DATE: DESCRIPTION: BY: SHEET TITLE: STREAM I M PACT PLAN SHEET NO.: L903 MATCH LINE SEE SHEET L903 / / / / MATCH LINE SEE SHEET L903 IMPACT G STREAM SF (R3) 25 LP STREAM TEMPORARY IMPACT TEMPORARY STREAM CROSSING DURING CONSTRUCTION PROJECT: I IOW I N CREEK GREENWAY STATESVILLE RD. TO CHEVIOT RD. PREPARED BY: VOk-rirth & Associates LANDSCAPE ARCHITECTS AND LAND PLANNERS 1230 W. Morehead St. Suite 212 Charlotte, NC 28208 Phone: 704-375-1588 Fox. 704-375-3844 Email. gw1rth0W1rtha3a0c1ateS.Com Landworks Design Group, PA CREATING SPACES TO LIVE. WORK AND PLAY 1230WnItFlaeheed9lneetSuNS304 i&704-8414604 Crorw" NC MOB fare 704-8414604 SEAL: CAR r s 8.7 M • j 429 �. rf+,•l1ISj 1{%tii 02/20/2023 DRAWN 15Y: NA CHECKED 15Y: GNW SCALE: I11=401-011 DATE: 02.20.2023 REVISIONS: NO: DATE: DESCRIPTION: BY: SHEET TITLE: STREAM I M PACT PLAN SHEET NO.: MATCH LINE 1// � za� •\ ��\i � \,, ,, � '',, � MATCH LINE L904 SEE SHEET L905 / � � � 1 1 � 1, �� ` �� SEE SHEET L905 \� \ \ MAT H LINE \ MATCH LINE \E S T L904 \ SEE SHEET L904 \ \ \ I I I \ F I \ \ N'l\>>,s=SF 11 I O\ \ IN -11480 I I \\ \ of acain iNv o 26 a (s(SE) SS w)) g.. I of \ iNVIN V Nu.-71oP� VIPF SHED O Ile i K 721.1 NITIIAL OBSTRUCTION WE m i PROJECT: I IOW I N CREEK GREENWAY STATESVILLE RD. TO CHEVIOT RD. PREPARED BY: V§§&/,-rirth & Associates LANDSCAPE ARCHITECTS AND LAND PLANNERS 1230 W. Morehead St. Suite 212 Charlotte, NC 28208 Phone: 704-375-1588 Fox. 704-375-3844 Email. gw1rth0W1rthosaociotes.Com Landworks Design Group, PA CREATING SPACES TO LIVE. WORK AND PLAY 1230VA911aeheadSlroeLSuNS304 iA704-8414604 CwW ts. NC MOB fan 704-M14604 SEAL: CAR r - 4219- + � r � / 02/20/2023 / DRAWN 15Y: NA CHECKED 15Y: /00 GNW SCALE: I =40 -O DATE: 02.20.2023 REVISIONS: I PACT 7 S AM SG (R3) 14 L STREAM TEM RARY IMPACT TEMP DRARY STREAM CROSSING DURI V IG CONSTRUCTION o - MAIE�MAi= v \ SMH NO: DATE: DESCRIPTION: BY: SHEET TITLE: STREAM I M PACT PLAN SHEET NO.: L905