HomeMy WebLinkAbout20230499 Ver 1_Fortune - USFWS Scoping Letter_20230331ok&
WILDLANDS
ENGINEERING
March 23, 2023
Byron Hamstead
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Submitted via email: byron_hamstead@fws.gov
Subject: Fortune Stream Restoration Project
Buncombe County, North Carolina
Dear Mr. Hamstead,
On behalf of Buncombe County Soil & Water, Wildlands Engineering, Inc. requests review and comment on any
possible issues that might emerge with respect to endangered species, migratory birds, or other trust resources
associated with the Fortune Stream Restoration Project. The project is located approximately 6 miles south of
Black Mountain, NC. A Site Map and a USGS Topographic Map showing the approximate project area are enclosed.
The topographic figure was prepared from the Black Mountain Quadrangle, NC 7.5-Minute USGS Topographic
Quadrangle.
The Fortune Stream Restoration Project proposes to address site specific bank erosion, channel widening and
migration concerns within the Broad River Basin on approximately 220 linear feet (LF) of the Broad River. The
project will focus on a sharp bend along the Broad River that is currently eroding the streambank and migrating
into a hay field toward an adjacent landowners house and driveway. Wildlands will develop a design to address
bank erosion and migration concern at the site using a combination of bank grading, bench grading and instream
structures to redirect flow away from high stress areas or provide bank revetment. In addition, this bank
stabilization will decrease downstream sedimentation and thereby improve water quality within the Broad River.
Staging and access will take place using the landowner's driveway and left and right floodplains which are currently
used for hay production. After completion of the project any impacted areas will be reseeded and a minimum of
25' of each streambank will be planted with native riparian seed mix, existing transplants, and live stakes (during
the subsequent dormant season). Construction of this project will affect Jurisdictional Waters of the U.S. and
require Section 404/401 permitting.
A pedestrian survey was conducted on February 23, 2023. No suitable habitat or individual species were identified
for any of the federally listed species. Any new findings will be communicated to USFWS accordingly. Please refer
to the attachments for the official USFWS threatened or endangered species list and Wildlands biological
determinations and conclusions.
Wildlands Engineering, Inc. (P) 828.774.5547 • 167-B Haywood Road • Asheville, NC 28806
ok&
WILDLAN DS
ENGINEERING
We thank you in advance for your timely response and cooperation. If we have not heard from you in 30 days, we
will assume that you do not have any comments regarding associated laws and that you do not have any
information relevant to this project at the current time. Please feel free to contact us with any questions that you
may have concerning this project.
Sincerely,
Julie Bernstorf, PE
Water Resource Engineer
jbernstorf@wildlandseng.com
336.500.3055
Attachments: Figure 1 Site Map, Figure 2 USGS Topographic Map, species conclusion table, and USFWS official species list
Wildlands Engineering, Inc. (P) 828.774.5547 • 167-B Haywood Road • Asheville, NC 28806
Species Conclusions Table
Project Name: Fortune Stream Restoration Project
Date: 02/27/2023
Species / Resource Name
Conclusion
ESA Section 7 / Eagle Act
Determination
Notes / Documentation
Gray Bat
(Myotis grisescens)
Suitable habitat not
present.
No effect.
A Field survey was conducted by Wildlands on February 23, 2023. No
individuals or areas of suitable habitat were found. No critical habitat has
been designated by USFWS for this species. Per NCNHP data explorer, no
known element occurrences exist within the proposed project area.
Northern Long-eared Bat
(Myotis septentrionalis)
Suitable habitat not
present.
No effect.
A Field survey was conducted by Wildlands on February 23, 2023. No
individuals or areas of suitable habitat were found. No critical habitat has
been designated by USFWS for this species. Per NCNHP data explorer, no
known element occurrences exist within the proposed project area.
Bog Turtle
(Glyptemys muhlenbergii)
Suitable habitat not
present.
No effect.
A Field survey was conducted by Wildlands on February 23, 2023. No
individuals or areas of suitable habitat were found. No critical habitat has
been designated by USFWS for this species. Per NCNHP data explorer, no
known element occurrences exist within the proposed project area.
Mountain Sweet Pitcher -plant
(Sarracenia rubra ssp. Jonesii)
Suitable habitat not
present.
No effect.
A Field survey was conducted by Wildlands on February 23, 2023. No
individuals or areas of suitable habitat were found. No critical habitat has
been designated by USFWS for this species. Per NCNHP data explorer, no
known element occurrences exist within the proposed project area.
White Irisette
(Sisyrinchium dichotomum)
Suitable habitat not
present.
No effect.
A Field survey was conducted by Wildlands on February 23, 2023. No
individuals were found. No critical habitat has been designated by USFWS
for this species. Per NCNHP data explorer, no known element occurrences
exist within the proposed project area.
Rock Gnome Lichen
(Gymnoderma lineare)
Suitable habitat not
present.
No effect.
A Field survey was conducted by Wildlands on February 23, 2023. No
individuals were found. No critical habitat has been designated by USFWS
for this species. Per NCNHP data explorer, no known element occurrences
exist within the proposed project area.
Critical Habitat
No critical habitat has been
designated for the federally
listed species.
N/A
N/A
Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about
impacts in the immediate and surrounding areas.
6t2aievL
02/27/2023
Signature /Title
Date
x
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
https://www.fws.gov/office/asheville-ecological-services
In Reply Refer To:
Project Code: 2023-0057569
Project Name: Fortune Stream Restoration
March 20, 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
03/20/2023 2
critical habitat that are caused by the proposed action, including the consequences of other
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: hops://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
03/20/2023 1
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
03/20/2023 2
PROJECT SUMMARY
Project Code: 2023-0057569
Project Name: Fortune Stream Restoration
Project Type: Restoration / Enhancement of Waterbody
Project Description: Stabilizing stream and buffer
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.5682654,-82.29920883452228,14z
fif
illiP',.,:.:,,rti
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Counties: Buncombe County, North Carolina
03/20/2023 3
ENDANGERED SPECIES ACT SPECIES
There is a total of 8 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
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
Gray Bat Myotis grisescens
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
STATUS
Endangered
Threatened
Tricolored Bat Perimyotis subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
REPTILES
NAME STATUS
Bog Turtle Glyptemys muhlenbergii Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA) Appearance
No critical habitat has been designated for this species. (Threatened)
Species profile: https://ecos.fws.gov/ecp/species/6962
03/20/2023 4
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4283
White Irisette Sisyrinchium dichotomum Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8097
LICHENS
NAME STATUS
Rock Gnome Lichen Gymnoderma lineare Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3933
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
03/20/2023
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.
03/20/2023
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act1 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 Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Canada Warbler Cardellina canadensis
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
BREEDING
SEASON
Breeds Sep 1 to
Aug 31
Breeds May 20
to Aug 10
03/20/2023 2
NAME
Cerulean Warbler Dendroica cerulea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/2974
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Eastern Whip -poor -will Antrostomus vociferus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Kentucky Warbler Oporornis formosus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Northern Saw -whet Owl Aegolius acadicus acadicus
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
(BCRs) in the continental USA
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
BREEDING
SEASON
Breeds Apr 27
to Jul 20
Breeds Mar 15
to Aug 25
Breeds May 1
to Aug 20
Breeds Apr 20
to Aug 20
Breeds Mar 1 to
Jul 31
Breeds May 10
to Aug 31
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:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
03/20/2023 3
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 (I)
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
Non -BCC 1111 MI 1111 1111 1111 II■■. ■an ++ IIII 1111 1111
Vulnerable
Canada Warbler
BCC Rangewide ---- - - ++ —++- ++++ ++-+ ++—+ 1111 11--
+++' ++++
(CON)
Cerulean Warbler i••• •••• Nor
BCC Rangewide ---- ��++ —++-- +++I ++--+ ++—+ +--++'+-- ++++ ++++
(CON) ■■■■ MINN ■■■
Chimney Swift ■■ ■
BCC Rangewide ---- ---- ill
++ + ' +Ib thy ++,+ ++++ ---- --
(CON)
03/20/2023 4
Eastern Whip -poor -
will
BCC Rangewide
(CON)
Kentucky Warbler
BCC Rangewide
(CON)
Northern Saw -whet
Owl
BCC - BCR
Wood Thrush
BCC Rangewide
(CON)
---- -++ -++- I+++ +' ' ::]IL+
++++ ++++
----
i iiii
---- -.■■
Hi: ii1ii
4111 ill 1111 1111 Iti
r
++-- ++++ ++++ ---- ----
MEN
++-- ++++ ++++
-++-- +III 1:11 !!I! !I++ ++-- ++11 IV++
----
Additional information can be found using the following links:
• Birds of Conservation Concern hops://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/
collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds hops://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
(BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
03/20/2023 5
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
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
03/20/2023 6
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
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.
03/20/2023
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
03/20/2023 2
IPAC USER CONTACT INFORMATION
Agency: County of Buncombe
Name: Jess Waller
Address: 167-B Haywood Road
City: Asheville
State: NC
Zip: 28806
Email jwaller@wildlandseng.com
Phone: 5019136238
LEAD AGENCY CONTACT INFORMATION
Lead Agency: County of Buncombe
11110
WILD LAND S
ENGINEERING
1430 South Mint Street, Suite 104
Charlotte, NC 28203
\ Tel: 704.332.7754
\ License No. F-0831
Date: 3/23/2023
Job Number: W20550
Project Engineer: JMB
Drawn By:
JMB
Scale:
JM
Site Location
Fortune Stream Restoration
Figure 1 - USGS Topographic Map
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GRADE BANKS BA -CT(
LAYDOWN AREA
LIMITS OF DISTURBANCE
(LOD)
REDUCE BOTTOM WIDTH
TO MATCH REFERENCE
DIMENSIONS
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LANDOWNERS RESIDENCE
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Fortune Stream Restoration
Figure 2 - Site Map / Plan
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