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
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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
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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
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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
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r
a
e
-4L
jr 7
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iit
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er.ti
9 JL
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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 `
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e
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31
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Air
41
19
dr
4 s
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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
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f
9
A.A4
4 5
7
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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
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,
4
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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
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21
lo
TLIT
2'
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— _ — �� ATT,
L OL I
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00
oo,
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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