HomeMy WebLinkAbout20230996 Ver 1_Machado Drive NWP 29 compressed_20230712Angela Petros
From: Angela Petros
Sent: Tuesday, June 13, 2023 8:20 AM
To: 401 PreFile
Subject: Machado Drive NWP 29 Pre -Application
To Whom It May Concern,
Atlas will be submitting an NWP 29 application for the Machado Drive project. This project is in Indian Trail
(Union County) and is a Residential project. Melody Davis is the applicant.
Angela Petros
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
(704) 965-1219 mobile
www.atiasenvi.com
Offices in Asheville and Charlotte
ENVIRONMENTAL
Preliminary ORM Data Entry Fields for New Actions
BEGIN DATE [Received Date]:
Prepare file folder
1. Project Name [PCN Form A2a]: Machado Drive
2. Work Type: Private Wl Institutional ❑
Assign Action ID Number in ORM ❑
Government ❑ Commercial ❑
3. Project Description / Purpose [PCN Form 133d and 133e]:
The purpose of this project is for the construction of a single residence with a driveway connecting
to Machado Drive.
4. Property Owner / Applicant [PCN Form A3 or A41:
Melody Davis
5. Agent / Consultant [PCN Form AS — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson
6. Related Action ID Number(s) [PCN Form B5b]: None Known
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
9707 W Machado Drive Indian Trail, NC 28079
35.1874390 /-80.5688450
8. Project Location - Tax Parcel ID [PCN Form 131a]: 08246050 and 08246049
9. Project Location —County [PCN Form A2b]: Union
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Indian Trail
11. Project Information — Nearest Waterbody [PCN Form 132a]: Duck Creek, Classification: C, Index: 13-17-18-3
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Rocky 03040105
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 29
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑✓ Section 10 & 404 ❑
R
Pre-Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20150602
�f �/6
NVIRONMENTAL
July 11, 2023
US Army Corps of Engineers NC Division of Water Resources
Charlotte Regulatory Field Office 401 and Buffer Permitting Unit
Attn: Krysta Stygar Attn: Stephanie Goss
8430 University Executive Park Drive, Suite 611 1617 Mail Service Center
Charlotte, NC 28262 Raleigh, NC 227699-1617
Re: Machado Drive
9707 W Machado Drive, NC 28079
Nationwide Permit 29 Verification Request
Krysta and Stephanie,
The applicant, Melody Davis, is requesting approval of the enclosed Nationwide Permit
29 verification for unavoidable impacts to potential Waters of the United States. The
delineation occurred on June 16, 2023. There are a total of three intermittent streams
on -site and no wetlands. The surrounding area predominantly consists of residential
homes and forested land. The review area is almost entirely forested with a small
clearing in the Southern region along the lower Southwest boundary. At the time of the
site visit, no structures were observed within the property.
No SHPO or T&E requests have been submitted but Atlas Staff has reviewed publicly
available resources for additional information. One result within a 0.5-mile radius was
found using the NCHPO Buffer Tool as the "Andrew Jackson Pig Farm". This finding is
located on the opposite side of Machado Drive from the review area and will not be
affected by the project development. An IPAC species list was also generated from the
USFWS website prior to the site visit. The stream features onsite were dry and
determined to be intermittent and were thus not a suitable habitat for either Atlantic
Pigtoe or Carolina Heelsplitter. No habitat was observed to exist within the review area
for any of the listed species. The review area is predominantly forested with mature
hardwoods with evidence of previous agricultural development. The area along
Machado Drive is actively and frequently maintained to the tree line. At the time of the
site visit, no flowing water was present in any of the streams within the review area.
The stream banks were generally lowly sloped and covered with moss and woody
vegetation.
The purpose of the project is for the construction of a single residence. Construction
will include mechanized land clearing for grading, utilities, and a driveway connecting to
Machado Drive. Unavoidable impacts to potential waters of the United States include
one permanent stream impact. Impact S1 is a permanent stream impact to 25 linear
feet (0.001 acre) of intermittent channel CH 100. Impact S1 is a culverted impact and is
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, North Carolina 28211
704-512-1206 (m) / 828-712-9205 (m) / 980-819-7780 (o) / 980-819-7876 (f)
www.atlasenvi.com / Offices in Asheville and Charlotte
If ��
NVIRONMENTAL
necessary for a driveway crossing that will allow road access to the site from Machado
Drive. This impact will be permitted under NWP 29. The impacted area is not within a
100 year FEMA floodplain and mitigation will not be required as the impact is under the
required mitigation threshold.
The project has been designed and engineered to avoid and minimize impacts to the
greatest extent possible. The culvert proposed for the steam crossing is an HDPE
double -sided 24" culvert and will be buried 20% to allow for the movement of aquatic
life. All three streams within the review area are intermittent and only one is proposed
for impacts. In total less than 2% of the stream area within the review area will be
impacted. No perennial streams or wetlands were observed on -site.
Enclosed are the necessary permit documents and additional information. Thank you
for your attention to the enclosed request. Please contact me if you need any additional
information.
Best regards,
=zVU
Trevor Casey, Environmental Specialist
tcasey@atlasenvi.com
Atlas Environmental Inc.
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, North Carolina 28211
704-512-1206 (m) / 828-712-9205 (m) / 980-819-7780 (o) / 980-819-7876 (f)
www.atlasenvi.com / Offices in Asheville and Charlotte
dotloop signature verification: dt1p.us/XSQQ-Sft8-9a4N
nAs
ENVIRONMENTAL
AGENT AUTHORIZATION FORM
U.S. Army Corps of Engineers, Wilmington District
Attn: Tommy Fennel, Chief, Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Resources, Water Quality Program
Wetlands, Buffers, Streams — Compliance and Permitting Unit
Attn: Stephanie Goss, Supervisor
1617 Mail Service Center
Raleigh, North Carolina 27699-1650
I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement
holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my
behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are
authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of
conducting on -site investigations and issuing a determination associated with Waters of the US subject to
Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404
Wetlands subject to a permitting program administered by the State of North Carolina. Atlas
Environmental Inc is authorized to provide supplemental information needed for delineation approval
and/or permit processing at the request of the Corps or NC DWR Water Quality Program.
Project Name: Machado Drive
Property Owner of Record: Conner Robert Heir (Melody Davis)
Contact Name: Julie and Benjamin Burgess
Address: 3221 Highway 24-27 E
Address: Midland, NC 28107
Phone/Fax Number: N/A
Email Address: N/A
Project Address: 9707 W Machado Drive
Project Address: Indian Trail, NC 28079
Tax PIN: 08246050 and 08246049
Signature:
Date:
datloap verified �jo/{�/,dotloopverified
WOGY07/07/23 4.41 PM EDT
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July 11, 2023
ATLAS Environmental Inc.
338 S. Sharon Amity Road, #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
jrobertson@atlasenvi.com
www.atiasenvi.com
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United States Department of the Interior
FISH AND WILDLIFE SERVICE }
gH +fix Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
In Reply Refer To: June 15, 2023
Project Code: 2023-0094312
Project Name: Machado Drive
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
06/15/2023
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
• Wetlands
06/15/2023
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
06/15/2023
PROJECT SUMMARY
Project Code: 2023-0094312
Project Name: Machado Drive
Project Type: Residential Construction
Project Description: Residential
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/@35.18915695,-80,57046094488268,14z
f�
rr•_�
Counties: Union County, North Carolina
06/15/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 6 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME S TATU S
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
CLAMS
NAME S TATU S
Atlantic Pigtoe Fusconaia masoni Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5164
Carolina Heelsplitter Lasmigona decorata 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/3534
INSECTS
NAME S TATU S
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
06/15/2023
4
FLOWERING PLANTS
NAME S TATU S
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Schweinitz's Sunflower Helianthus schweinitzii Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3849
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.
06/15/2023
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.
06/15/2023
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
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 Treater of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25
and Alaska.
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
06/15/2023
NAME
BREEDING
SEASON
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
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
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.
06/15/2023 3
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
R' probability of presence breeding season I survey effort — no data
SPECIES
JAN
FEB MAR APR MAY JUN JUL AUG
SEP OCT NOV DEC
Bald Eagle
Non -BCC
+
LL
+ +�—
++�il Jill Jill Jill Ili—�
All Jill Jill Jill
Vulnerable
1■JJ �
Chimney Swift ++++ ++++ III
„! ■ol Jill Jill —�++ ��—� -4 --��
BCC Rangewide i
(CON)
Kentucky Warbler ++++ ++++ ++III—
Prairie
Woodpeckewide ++++ +�++ ++—+ +++ +III Jill Jill Jill 11++ ��—� +—
F
Rang
(CON)
Rusty Blackbird +,++ ++++ ++—+ —+++ +--- ----
BCC -BCR
Wood Thrush ++++ ++++ ++—+ —+11 jj�� OF�"""' —'+-4- +--- — — — —
06/15/2023 4
BCC Rangewide
(CON)
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratoEy-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/
collections/avoidin g-and-minimizing-incidental-take-migratory-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
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.
06/15/2023
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
06/15/2023
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.
06/15/2023
WETLANDS
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
RIVERINE
• R4SBC
06/15/2023
IPAC USER CONTACT INFORMATION
Agency:
Atlas Environmental
Name:
Layla Tallent
Address:
338 S Sharon Amity Rd
City:
Charlotte
State:
NC
Zip:
28211
Email
ltallent@atlasenvi.com
Phone:
7045121206
Roy Cooper, Governor
■��� NC DEPARTMENT OF
■■f ■� NATURAL AND CULTURAL RESOURCES
■ ■ME
June 22, 2023
Jennifer Robertson
Atlas Environmental, Inc.
338 S. Sharon Amity Road
Charlotte, NC 28211
RE: Machado Drive; 20230622
Dear Jennifer Robertson:
d_ Reid Wilson, Secretary
Misty Buchanan
6epirty Director, Natural heritage Program
NCN H D E-22399
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httgs://www.fws.gov/offices/D i rectory/ListOffi ces.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler(a)ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
a 121 W. JONES STREET, RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH, NC 27699
OFC 919.707,9120 • FAX 919.70Z9121
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