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!
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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.
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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
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4
REPTILES
NAME STATUS
Bog Turtle Glyptemys muhlenbergii Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA) Appearance
No critical habitat has been designated for this species. (Threatened)
Species profile: https://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
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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
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