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HomeMy WebLinkAbout20230802 Ver 1_PCN Combined Package_20230605AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID(s): 186700004108 STREET ADDRESS: 225 Chestnut Rd Linville, NC 28646 _ Property Owner: Grandfather Golf & Country Club Rep: Rebekah Wood The undersigned, registered property owners of the above noted property, do hereby authorize Sarah Kilby , of Interface Environmental Consulting, LLC (Contractor/Agent) (Consulting Firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any standard and special conditions attached. Property Owner's Address (if different than property above): PO Box 368 Linville NC 28646 Telephone: (828)898-4541 We hereby certify t a ove inf ion submitted in this application is true and accurate to the best of our owle. Author! oN ' iNnoo a v �o9az ON 'allooe os a� as allod Naaan+ 91t ONISSOO WVI2IiS ON '3ITA NIA 311 'ONinnsNOO 1V1N3WNOHIAN3 IDVdaaiNi sIidi]a aNd sNv]d Iiis > LL z m � w 0 Z z w 0 w OO < LL O< <a m w F _ � � o F D OF F 0 U 0 w K < 0 W W z w K w z K 0 Z O Z m a a x< w ~< U o ry J < w U K ry m 0 U Q 0 o m z >� �Q 0 o m wr U r 0 mo } m c Elm m m um u ~ w � o =w U� m� aw } Y 0 w — U } m Q m x < O G N O m 0 } w w Q w w ~ O 0 O 0 m m W > W m z z� w u J z O C� = o U } Z Q o Q � 0 Z CDw w > z Z J U Y w 00 0 O Q mcn o C w m w w m Z o Q0 O LLI O O O O w w w Z 0 o 00 z w~ } .• O O N J w� O co Q wCN o m Q m m CDC, mx _ m w w O w Z < z Jm z w o w z o z wLLJ LLJ 0 U D Z 0-0�� m U o O Q - w X w w z Q 0 _ Ln U r 0 �n m m m vo w 0 0 O w w Q w o^ z CL� ch O z z O- O w 0 ( D w w w z� m 0) O �(�(�(� U.S. DEPARTMENT GIOF SE INTERIOR y� ��^' GRANDFATHER �MOUNTOL NA T.5-AQUADRANGLE US Top + o ws. EH NTSERIES '� ei5a -E 23 24 15 26 21 ]B 29 30 31 32 81"� iESa w SgorM 1 4 v i u 1 �� � S } <a� I / �N L�''``�ill� � �J L`' //.i " �' i a' i� e' � � � ��` r 1 IrcL� :� r"- i� ` - ✓- .s�a�� 98 9] SA 95 94 93 92 91 90 89 87 ee "85®"11 a.m ll ll 24 25 ]b 27 ]B 29 30 31 eJ by tM1e Su Y SCALE 1:24000 x.v m o ,om � �im.am x�re � us x�re a Osva mH. Fail GRANDFATHER MOUNTAIN,3 NC .o�.ow.mnw,e m23 :: NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 UT 1 (SD 1) NC DWQ Stream Identification Form Version 4.11 Date: 7/7/2022 Project/Site: GFCC -Lots 224/225 Latitude: 36.108421° Evaluator: Sarah Kilby, Carrie Caviness County: Avery Longitude:-81.842174' Total Points: 27 Stream Determination (circle one) Other Stream is at least intermittent Ephemeral Intermittent Perennial e.g. Quad Name: if>_ 19 or erennial if 30' A. Geomorphology (Subtotal = 17 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 3 ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 3 caddisfly casings, a couple of unknowns. 41 NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 NC DWQ Stream Identification Form Version 4.11 SD 2 Date: 7/7/2022 Project/Site: GFCC -Lots 224/225 Latitude: 36.108818' Evaluator: Sarah Kilby, Carrie Caviness County: Avery Longitude:-81.842552' Total Points: Stream Determination (circle one) Other Stream is at least intermittent 17 Ephemeral Intermittent Perennial e.g. Quad Name: if>_ 19 or perennial if>_ 30' A. Geomorphology (Subtotal = 11.5 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 1.5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 4 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: -Two salamanders 41 Biological Evaluation for Threatened and Endangered Species Linville Stream Crossing - Culvert Installation Linville, NC Prepared by: Sarah Kilby sarah@interfaceenv.com Interface Environmental Consulting, LLC Kj I N T E P F A C E ENVIRONMENTAL C O N S U LT I N G Project Description The project site is located off Chestnut Road within Grandfather Golf & Country Club in Linville, NC. The vicinity is forest with private residences. Currently, the site is forested with 3 features: 1 ephemeral channel, 1 wetland seep, and 1 intermittent stream (Unnamed Tributary to Linville River (C;Tr)). The purpose of the proposed project is to provide access to a portion of the parcel by crossing the Unnamed Tributary to Linville River (UT) using a 20'x36" arch culvert equivalent. No work will take place from within the stream, all work will be completed from the stream banks. Construction will be timed and conducted in a manner that will not contribute any additional sediment/erosion into the UT. The "project site" consists of a 50ft radius around the proposed culvert location. Biological Evaluation A Biological Evaluation was completed at the location of the proposed culvert location to assess potential impacts of the proposed culvert installation to species of concern (Threatened, Endangered, Candidate, etc.) listed on the USFWS Species List at the project location. A site visit was performed by Sarah Kilby, IEC, on May 30', 2023 focusing on the 50 feet radius of proposed culvert installation location. Both banks of the UT are forested, with dominate species of maple, birch, and beech. See attached "Effect Determination Table" for a detailed Effect Determination of each species and attached "photosheets" of the project site. Conclusion The proposed culvert installation will have minimal impacts to the stream and surrounding area. No, or minimal, tree take is anticipated for this project as the work pertains to the stream and an old woods road with small saplings. No tree take larger than 3 dbh with exfoliating bark is proposed on the project site. No tree take with cracks, crevices, or cavities is proposed on the project site. No road associated culvert, bridges, or structures were observed on the project site. No caves or large boulders were observed within the project site. IEC was able to determine "No Effect" for all species of concern listed by the USFWS Species List for the project site. 0 c a m d d d d d d w c O z O z O z O z O z O z O z a W L u Y L N v o Y y v ni 3 o o a v 3L.. r "' c v v v 'n ? 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M�`�. 4.: United States Department of the Interior p 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: 2023-0076490 Project Name: GFCC Lot Suitability (224/225) ear' ln AMMU WX May 02, 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 05/02/2023 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 BABE are described at 50 CFR 402.12. More information and resources about project review and preparing a BABE 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 05/02/2023 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 05/02/2023 PROJECT SUMMARY Project Code: 2023-0076490 Project Name: GFCC Lot Suitability (224/225) Project Type: Residential Construction Project Description: Stream Crossing Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(@36.108477500000006,-81.8423420570507,14z 2.��»r,�,x �,�I U-M�)rimi7 K" Counties: Avery County, North Carolina 05/02/2023 ENDANGERED SPECIES ACT SPECIES There is a total of 12 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 STATUS Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2657 Gray Bat Myotis grisescens Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws.gov/ecp/species/10515 Virginia Big -eared Bat Corynorhinus (=Plecotus) townsendii virginianus Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8369 05/02/2023 4 REPTILES NAME STATUS Bog Turtle Glyptemys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https://ecos.fws.gov/ecp/species/6962 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Blue Ridge Goldenrod Solidago spithamaea Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5821 Heller's Blazingstar Liatris helleri Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5962 Roan Mountain Bluet Hedyotis purpurea var. montana Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1087 Spreading Avens Geum radiatum Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6854 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. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 05/02/2023 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. 05/02/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10 and Alaska. https://ecos.fws.gov/ecp/species/9399 05/02/2023 VA NAME BREEDING SEASON Black -capped Chickadee Poecile atricapillus practicus Breeds Apr 10 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Jul 31 (BCRs) in the continental USA Bobolink Dolichonyx oryzivorus Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Canada Warbler Cardellina canadensis Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 10 and Alaska. Cerulean Warbler Dendroica cerulea Breeds Apr 27 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20 and Alaska. https://ecos.fws.gov/ecp/species/2974 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Golden Eagle Aquila chrysaetos Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1680 Golden -winged Warbler Vermivora chrysoptera Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20 and Alaska. https://ecos.fws.gov/ecp/species/8745 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. Northern Saw -whet Owl Aegolius acadicus acadicus Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 31 (BCRs) in the continental USA Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to 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 05/02/2023 3 NAME Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. PROBABILITY OF PRESENCE SUMMARY BREEDING SEASON Breeds May 10 to Aug 31 The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 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. 05/02/2023 4 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 +......+ + +.._ {. L I 1 1 1 1 Jill Jill Jill I I 1 1 I I I I Non -BCC Vulnerable Black -billed Cuckoo +--+ +++— +—++ ++++ III Jill II II IIII I III BCC Rangewide (CON) Black -capped +-- —+ +++— +—++ I I I I I I I I I I I I I I ++++ ++++ ++++ ++++ +­++ Chickadee BCC -BCR Bobolink BCC Rangewide _}......... 4- +++— +_++ ++++ I I I I I I I I I I 1+ I+++�+ ++++ ++++ +—++ (CON) Canada Warbler BCC Rangewide +--+ +++— +—++ +++, I Jill 1111 I IM I ] ++++ ++++ +—++ (CON) CeruBCC1R Rangeean wide +--+ +++— +—++ ++ I I I I I I 1 1 I I I I++++ ++++ ++++ ++++ +­++ (CON) Chimney Swift BCC Rangewide +��+ +++� + N- N N- , Jill J""""i„ "" ++++ ++++ +�++ (CON) Golden Eagle Non -BCC +--+ +++— +—++ ++++ ++++ ++�� ++++ ++++ +­++ Vulnerable Golden -winged Warbler +++— +—++ ++++ BCC Rangewide (CON) Kentucky Warbler BCC Rangewide (CON) Northern Saw -whet Owl + -- +-I - I BCC -BCR I I I I 1_4._I__}_ -}--t++ ++++ ++++ +—++ I I I I I I I I I I_ ,_ I_ ,_ ,+—++ I I I I ++++ ***+ ++++ ++++ +-j+ 05/02/2023 5 BCC Prairie Warbler }-- , ..4- +++— + — + + ++++ I I I I I I I I I I I+ I +++++ ++++ +—++ (CON) SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Red-headed +_ - -�-+ +++— +—++ ++++ ,+++ ++++ +­++ Woodpecker BCC Rangewide (CON) Rusty Blackbird f._-. +++— ,�++ ++++ } } } } I + ++++ ++++ +—++ BCC-BCR Wood Thrush +,' I„$ Jill 110$ ++++ T��+ BCC Rangewide +��+ +++� +�++ + ++++ ++++ +�++ (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoidinv--and-minimizinv--incidental-take-mip-ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, 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 05/02/2023 requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL,) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can 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 05/02/2023 For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of 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. 05/02/2023 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. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA. 05/02/2023 IPAC USER CONTACT INFORMATION Agency: Interface Environmental Consulting, LLC Name: Sarah Duke Address: 476 Hidden Pond City: Boone State: NC Zip: 28607 Email duke.sarah123@gmail.com Phone: 8287735523 4.: United States Department of the Interior p 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: 2023-0076490 Project Name: Linville, NC Stream Crossing Federal Nexus: yes Federal Action Agency (if applicable): May 31, 2023 Subject: Record of project representative's no effect determination for'Linville, NC Stream Crossing' Dear Sarah Duke: This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on May 31, 2023, for 'Linville, NC Stream Crossing' (here forward, Project). This project has been assigned Project Code 2023-0076490 and all future correspondence should clearly reference this number. Please carefully review this letter. Ensuring Accurate Determinations When Using IPaC The Service developed the IPaC system and associated species' determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis. All information submitted by the Project proponent into the IPaC must accurately represent the full scope and details of the Project. Failure to accurately represent or implement the Project as detailed in IPaC or the Northern Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Determination for the Northern Long -Eared Bat Based upon your IPaC submission and a standing analysis, your project has reached the determination of "No Effect" on the northern long-eared bat. To make a no effect determination, the full scope of the proposed project implementation (action) should not have any effects (either positive or negative), to a federally listed species or designated critical habitat. Effects of the action are all consequences to listed species or 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 would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur later in time and may 05/31/2023 IPaC Record Locator: 671-127077806 include consequences occurring outside the immediate area involved in the action. (See § 402.17). Under Section 7 of the ESA, if a federal action agency makes a no effect determination, no consultation with the Service is required (ESA §7). If a proposed Federal action may affect a listed species or designated critical habitat, formal consultation is required except when the Service concurs, in writing, that a proposed action "is not likely to adversely affect" listed species or designated critical habitat [50 CFR §402.02, 50 CFR§402.13]. Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species and/or critical habitat that also may occur in your Action area: • Blue Ridge Goldenrod Solidago spithamaea Threatened • Bog Turtle Glyptemys muhlenbergii Similarity of Appearance (Threatened) • Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus Endangered • Gray Bat Myotis grisescens Endangered • Heller's Blazingstar Liatris helleri Threatened • Monarch Butterfly Danaus plexippus Candidate • Roan Mountain Bluet Hedyotis purpurea var. montana Endangered • Rock Gnome Lichen Gymnoderma lineare Endangered • Spreading Avens Geum radiatum Endangered • Tricolored Bat Perimyotis sub flavus Proposed Endangered • Virginia Big -eared Bat Corynorhinus (=Plecotus) townsendii virginianus Endangered You may coordinate with our Office to determine whether the Action may affect the animal species listed above and, if so, how they may be affected. Next Steps Based upon your IPaC submission, your project has reached the determination of "No Effect" on the northern long-eared bat. If there are no updates on listed species, no further consultation/ coordination for this project is required with respect to the northern long-eared bat. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact (positively or negatively) federally listed species or designated critical habitat; or 3) a new species is listed, or critical habitat designated. If any of the above conditions occurs, additional coordination with the Service should take place to ensure compliance with the Act. If you have any questions regarding this letter or need further assistance, please contact the Asheville Ecological Services Field Office and reference Project Code 2023-0076490 associated with this Project. 05/31/2023 IPaC Record Locator: 671-127077806 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Linville, NC Stream Crossing 2. Description The following description was provided for the project 'Linville, NC Stream Crossing': Stream Crossing The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)36.108477500000006,-81.8423420570507,14z ryw� d 1i'—ifla liwi InuM .1 C�—Iiy r�.Ih F. —W., r:.f5f IfY:j'. I{l 05/31/2023 IPaC Record Locator: 671-127077806 4 DETERMINATION KEY RESULT Based on the information you provided, you have determined that the Proposed Action will have no effect on the Endangered northern long-eared bat (Myotis septentrionalis). Therefore, no consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is required for those species. QUALIFICATION INTERVIEW 1. Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat or any other listed species? Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed species? No 2. Do you have post -white nose syndrome occurrence data that indicates that northern long- eared bats (NLEB) are likely to be present in the action area? Bat occurrence data may include identification of NLEBs in hibernacula, capture of NLEBs, tracking of NLEBs to roost trees, or confirmed acoustic detections. With this question, we are looking for data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife Service. No 3. Does any component of the action involve construction or operation of wind turbines? Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.). No 4. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Yes Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), or Federal Transit Administration (FTA) funding or authorizing the proposed action, in whole or in part? No 05/31/2023 IPaC Record Locator: 671-127077806 6. Are you an employee of the federal action agency or have you been officially designated in writing by the agency as its designated non-federal representative for the purposes of Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08? Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and to help determine whether an incidental take permit may be needed, respectively. This question is for information purposes only. No 7. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC) funding or authorizing the proposed action, in whole or in part? No 8. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)? No 9. Have you determined that your proposed action will have no effect on the northern long- eared bat? Remember to consider the effects of any activities that would not occur but for the proposed action. If you think that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, answer "No" below and continue through the key. If you have determined that the northern long-eared bat does not occur in your project's action area and/or that your project will have no effects whatsoever on the species despite the potential for it to occur in the action area, you may make a "no effect" determination for the northern long-eared bat. Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, please answer "No" and continue through the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS would be required if your action may affect another listed species or critical habitat. The definition of Effects of the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key- s elected -definitions Yes 05/31/2023 IPaC Record Locator: 671-127077806 PROJECT QUESTIONNAIRE Will all project activities by completed by April 1, 2024? Yes 05/31/2023 IPaC Record Locator: 671-127077806 IPAC USER CONTACT INFORMATION Agency: Interface Environmental Consulting, LLC Name: Sarah Duke Address: 476 Hidden Pond Rd City: Boone State: NC Zip: 28607 Email duke.sarah123@gmail.com Phone: 8287735523 « % ° 16 > �* « a Q. 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