HomeMy WebLinkAbout20231325 Ver 1_401_Buffer Pre-filing Request_20230922From: nsnvder(o)americanlandconceots.com
To: 401PreFile(a)dea.nc.aov
Subject: 401/Buffer Pre -filing Meeting Request
Date: Tuesday, August 22, 2023 8:37:55 AM
Please fill out the following information
Project Name: Cardinal Pipeline ROW @ trib to Beaver Creek
County: Wake
Applicant Name: Carinal Pipeline Company, LLC
Applicant Email: Laura.Rudolfnwilliams.com
Project Name: Cardinal Pipeline ROW @ trib to Haw River
County: Alamance
Applicant Name: Carinal Pipeline Company, LLC
Applicant Email: Laura.Rudolf&williams.com
**Please note that multiple projects may be submitted within the same email by supplying all
the above information for each project.
***In the event your email is not allowing auto -responses, please save a copy of your sent
email for your records and if necessary use that copy in application/form submittal.
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver4.3
Required and Supporting Documentation
For
Cardinal Pipeline ROW at Tributary to Beaver Creek
1. Site Maps - Vicinity, Topo, NWI, Soils, FEMA, Aerial
2. Aquatic Resources Map
3. Impact Sheet
4. Conceptual Stream Stabilization Plans
5. USFWS Documentation from iPAC System
6. Historic and Prehistoric Cultural Resources Map
7. ROW Recorded Deeds
Site Maps
Vicinity, Topo, NWI, Soils, FEMA, Aerial
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AMERICAN LAND CONCEPTS
238 B MAIN STREET
REISTERSTOWN, MARYLAND 21136
PHONE: (410)-526-2688
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Cardinal Pipeline Company LLC
at Trib to Beaver Creek
Wake County, North Carolina
July 2023
AMERICAN LAND CONCEPTS
238 B MAIN STREET
REISTERSTOWN, MARYLAND 21136
PHONE: (410)-S26-2688
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USGS TOPOGRAPHIC MAP
Cardinal Pipeline Company LLC
at Trib to Beaver Creek
Wake County, North Carolina
July 2023
AMERICAN LAND CONCEPTS
238 B MAIN STREET
REISTERSTOWN, MARYLAND 21136
PHONE: (410)-S26-2688
FEMA FLOOD MAP
Cardinal Pipeline Company LLC
at Trib to Beaver Creek
Wake County, North Carolina
July 2023
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NWI MAP
Cardinal Pipeline Company LLC
at Trib to Beaver Creek
Wake County, North Caroilina
July 2023
north
SCALE: 1"=250'
AMERICAN LAND CONCEPTS
238 B MAIN STREET
REISTERSTOWN, MARYLAND 21136
PHONE: (410)-526-2688
MARCH 2O21 AERIAL PHOTOGRAPH
Cardinal Pipeline Company LLC
at Trib to Beaver Creek
Wake County, North Carolina
July 2023
north
SCALE: 1"=250'
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AMERICAN LAND CONCEPTS
238 B MAIN STREET
REISTERSTOWN, MARYLAND 21136
PHONE: (410) 526-2688
Existin Proposed
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I he proposed activities shown above to stabilize the stre
and provide cover over the pipelines will impact
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stream. Approximately 3.0 CY of fill will be placed below
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USFWS Documentation
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To: September 07, 2023
Project Code: 2023-0125955
Project Name: Cardinal Pipelin ROW @ Trib to Beaver Creek
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 final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The 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.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that 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. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the IPaC system by completing the same process used to receive the enclosed 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
09/07/2023
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major 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)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
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. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation-
handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), 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 U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-
we-do.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.
09/07/2023
3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
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:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
(919) 856-4520
09/07/2023
4
PROJECT SUMMARY
Project Code:
2023-0125955
Project Name:
Cardinal Pipelin ROW @ Trib to Beaver Creek
Project Type:
Pipeline - Onshore - Maintenance / Modification - Below Ground
Project Description:
Stabilization of an erosive gully and deep channel across the ROW
formed as a result of a SWM pond outfall immediately adjacent to the
ROW to allow safe and continued operation of an existing gas pipeline
within the ROW. The proposed project involves constructing a step -pool
structure within a routinely maintained ROW to raise the stream invert,
maintain the grade across the ROW, and minimize future erosion and
sediment transportation. The step -pool systrem will create a a natural
riffle -pool scenario downstream of the pipeline prior to the channel
leaving the ROW within a wooded area. No trees will be removed for the
proposed work. Timing of construction is Fall 2023.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.72383545,-78!90004422974515,14z
Counties: Wake County, North Carolina
09/07/2023 5
ENDANGERED SPECIES ACT SPECIES
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Tricolored Bat Perimyotis subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
NAME STATUS
Red -cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
CLAMS
NAME STATUS
Atlantic Pigtoe Fusconaia masoni Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/5164
INSECTS
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
STATUS
Candidate
09/07/2023
H.
FLOWERING PLANTS
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
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.
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.
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 Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
09/07/2023
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 t0 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 t0 Aug 20
and Alaska.
King Rail Rallus elegans Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5
and Alaska.
https:Hecos.fws.gov/ecp/species/8936
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 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.
09/07/2023
E3
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
09/07/2023
E
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
- probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle Non -BCC 11111111 HE l6i iiii i+1+ 11+11+11 +111 IN 1+111111
Vulnerable --- •-- ---- ---- ---- —
wmmm mmmm MME
Kentucky Rangewide
Warbler ++++ ++++ ++++ ++++ +�i+ ++++ .......... +++ ++++
BCC Rangewide —i- ---mi MEMO Jill I�
(CON)
King Rail AN 1i1, ++d ++++ _l I I Pill
BCC Rangewide ........ +++ ++++
(CON)
Prairie Warbler ++++ ++++ ++++ -ii ild lid ���� ++++ ++++ ++++ ++++ ++++
BCC Rangewide
(CON)
--- ---- ---- ----
Warbler Prothonotary
++++ ++++ ++A qq. IT_IF Tj 11l++ +++l +1++ ++++ ++++ ++++
Warbler
BCC Rangewide
(CON)
Woodpecker
'TT 111I I I 1 I111 �I
BCC Rangewide
(CON)
Rusty Blackbird ++,� 1+++ +++T ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++
BCC -BCR
Wood Thrush BCC Rangewide ++ I I I I I 1 44 0+1111 1 1 1 1 1 1 1 1 +11+�" ++++ ++1+ ++++ ++++
(CON)
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoidins7-and-minimizins7-incidental-take-mis7ratorv-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.Ddf
09/07/2023
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.
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
09/07/2023 11
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 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
09/07/2023
12
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.
09/07/2023
IPAC USER CONTACT INFORMATION
Agency: American Land Concepts
Name: Natalie Snyder
Address: 238B Main Street
City:
Reisterstown
State:
MD
Zip:
21136
Email
nsnyder@americanlandconcepts.com
Phone:
4105262688
Historic and Prehistoric Cultural Resources Map
AMERICAN LAND CONCEPTS
238 B MAIN STREET
REISTERSTOWN, MARYLAND 21136
PHONE: (410)-S26-2688
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at Trib to Beaver Creek
Wake County, North Caroilina
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SCALE: 1"=1,000'
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Recorded Deeds
CEC - North Carolina 1/97f 'OW�
Instrument prepared by:
Name: Bradley L. Lushbaugh
Address: 345 Greenbrier Drive
RETURN TO:
Cardinal Opening Company
P.O. Box 607
I lolly Springs, N.C. 27540
RIGHT OF WAY AGREEMENT
LINE NO. 7-107
R/w NO. 1,,,_ l
CHECK NO tJ
N.O. No. 656j7.
RLGItiT(,,AT10N
Charlottesville, VA 22901 000709 C9
_, i1 2= 39
THIS AGREEMENT IS BEING EXECUTED IN COUNTERPARTS
STATE OE NORTH CAROLINA
COUNTY OF wAKz
€ EGISTEiR CJ GEEi 4
KNOW ALL MEN BY THESE PRESENTS: That the undersigned,. Tracy Seymour Hedrick and husband_ Lonnie D. Hedrick. Jr.
hereinafter called GRANTOR, whether one or more), for and in consideration of
Sixteen and no/100 _ _ Dollars
(816.00) cash in hand paid, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto
CARDINAL EXTENSION COMPANY, LLC, its successors and assigns, (hereinafter called GRANTEE), a right of way and easement
fifty feet in width for the purposes of laying, constructing, maintaining, operating, repairing, altering, replacing,
changing the size of, and removing pipe lines (with valves, regulators, meters, fittings, appliances, tie-overs, and
appurtenant facilities) for the transportation of gas, oil, petroleum products, or any other liquids, gases, or
substances which can be transported through a pipe line, and communication cables, wires and appurtenances, the Grantee
to have the right to select the route and location thereof (the laying of the first pipe line shall constitute the
selection of the route by the Grantee) and the right of way shall be located so as to be parallel with the center line
of such first pipe line and to extend fifteen feet northeasterly and thirty-five feet southwesterly
therefrom, under, upon, over, through and across the lands of Grantor, situated in the County of Wake ,
State of North Carolina, described as follows:
Being those lands described in that certain deed dated 4/11/19 and recorded in the
Wake County Registry in Deed Book 337 at Page 31. See also Estate Files Nos. S-227,
70-E-123, 78-E-898, 80-E-1290 and 80-E-770.
The right of way and easement herein granted shall be as shown on Cardinal Operating
Company Drawing No. 24-06-1155/X-411931, sheet 1 of 1, dated 4/27/98, attached hereto
and made a part hereof.
It is the intention of the parties that the right of way and easement herein granted shalt also extend across
any lands of Grantor contiguous to the lands particularly described above along the route selected by Grantee. During
pipeline construction, Grantor herein grants to Grantee the right to use such additional areas as are reasonably needed
for construction purposes adjoining the right of way defined above.
There is included in this grant the right to lay, construct, maintain, operate, alter, repair, remove, change
the size of, and replace one additional Line of pipe within said right of way, and to use during the construction thereof
a reasonable work area adjoining the right of way; but for such additional line so laid the Grantee shall pay Grantor
a sum equivalent to One Dollar ($1.00) per lineal rod of such additional line, or such proportionate part thereof as
Grantors interest in said lands bears to the entire fee, within sixty (60) days subsequent to the completion of the
construction of such additional line.
The Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment or use of
the rights herein granted, including, but without limiting the same to, the free and full right of ingress and egress
over and across said lands and other Lands of the Grantor to and from said right of way and easement, and the right from
time to time to cut and remove all trees, undergrowth and other obstructions that may injure, endanger or interfere with
the construction, operation, maintenance and repair of said pipe lines, and the right from time to time to clear and
use such additional land adjacent to said right of way as may be reasonably necessary in the construction of pipelines.
The Grantee shall have the right to assign this grant in whole or in part.
TO HAVE AND TO HOLD said right of way and easement unto said Grantee, its successors and assigns, until such
first pipe line be constructed and so long thereafter as a pipe Line is maintained thereon; and the undersigned hereby
bind themselves, their heirs, executors and administrators (and successors and assigns) to warrant and forever defend
all and singular said premises unto the Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof. Grantor shall not change the grade on the right of way nor place
or construct upon the right of way any buildings, trees, structural improvements or other encroachments without the
express written permission of the Grantee.
The Grantee agrees to bury all pipe lines so that they will not interfere with the cultivation of the land, and
also to pay for any actual physical damages to fences, growing crops and timber which may arise from laying,
constructing, altering, repairing, removing, changing the size of and replacing such pipe Lines. The term -timber" is
defined as trees or the wood grown for commercial sale.
No change in ownership of said lands shall be binding upon Grantee until the muniment of title by which such
change becomes effective has been placed of record in the County wherein such lands are located and a certified copy
thereof delivered to Grantee.
It is agreed that this grant covers aLL the agreements between the parties and no representations or statements,
verbal or written, have been made, modifying, adding to, or changing the terms of this agreement.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal this /Zd'9 day of
ATTEST/WITNESS:
d 1aCk L.YYrUO,L_l.l. -4 u r. (SEAL)
)
Tr y Seymo r Hedrick _
A L v (SEAL)
L or nic L/HedYck, Jr.
co
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GH82-•iPG 1784
STATE OF NORTH CAROLINA I
COUNTY OF i
I. a Notary Public, do hereby certify that
T -r" k and husband 0. Hedrick r , personally appeared before
i
me this day and acknowledged the execution of the foregoing Right Of Nay Agreement.
Witness my hand and notarial seal this the 47-6� day of199Y.
My COmaission gxpire ���,►,, 1 _7rDy3
(SEAL) * NOTARr '
* * * Notary Public
QTATF nF Ae1DT11 rLpnt TYd 6
NORTH CAROLINA — WAKE COUNTY -
The + ^11�pr`
The foregoing certificate —of �.Le.�la*-d Vr`
Notar(y)(ies) Public
is (are) certified io ha conect.Th i; instrument and this certificate are duty registered at the date and
time and in the book and page shown on the first page hereof
� LAUHA M, RIDDICK, Register of Deeds
gy i P.
✓„ 1 yGv
Asst 1Dcptq Register of Deeds
STATE OF NORTH CAROLINA I1
COUNTY OF 4
a Notary Public, do hereby certify that
personally appeared before
me this day and acknowledged the executTon of the foregoing Right Of Way Agreement.
Witness my hand �nd notarial seat this the day of 199_
My commission expires:
(SEAL)
Notary Public
STATE OF NORTH CA90LINA i
COUNTY or
I, a Notary Public, de hereby certify that
personally appeared before
me this day and acknowledged the execution of the foregoing Right Of Way Agreement.
Witness my hand and notarial seat this the day of 199—
My commission expires:
(SEAL)
Notary Public
LGT 25.3' 'FAKE COUNTY, NOR... CAROLINA
15 43.8' WHITE OAK TOWNSHIP
PROPOSED �PROPOSEO
50'R!W TEMPORARY
WORK SPACE
S33423'29"E
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PROPOSE➢� KELLY LEST ASSOCIATES. LLC
TEMPORARY
WORK SPACE H-41
LOT a
0. B. 69D1 PG. 748
PARCEL 2603
LOT 5
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PROPOSED
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BEAULIEU,
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PARCEL 45B
ESTATE FILE 75-E-8SE
D.BPAWL
64 4
26531 PRGPOSEf)
50' R/W
100' C 1D0'
SCALE IN FEET
N07 ES:
1.BEARINGS SHOWN ARE GRIO.NORTH CAROLINA
NAO 83.
2. LENGTH OF PROPOSED ROW f.......... 256.4'
AREA OF PROPOSEO ROW .............0.33 ACHES
AREA OF TEMPORARY WORK SPACL ....0.31 ACRES
3. TAX MAP 072i.02-87
4. '11IN 11_\1' IS K(rr A L 1,1"TIl-I)-01'116,D \I) 13:1. N4 )l111'.1.N
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PROPOSED p
RIGHT-OF-WAY CROSSIdG PROPFRTX OF
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WAKE COSY. NGRIH CABOLIN
a.ieC' n,...
RETURN TO:
Cardinal Operating Company B E gG CEC North Carolina 1/97 P,0.Box 607 HollySprings,N,C. 27540 R/W No. W-43
y
Instrument prepared by: CHECK NVq
RIGHT OF WAY AGREEMENT w.o. Nor + 65s0.. oil
Name: Bradley L. Lushbaugh
Adc'iess: 345 Greenbrier Drive t'p- -.
Charlottesville, VA 225Z1 RECi.-
STATE OF NORTH CAROLINA 0 0 0 7 2 2 0o pit,
COUNTY OF WAKE .
KNOW ALL MEN BY THESE PRESENTS. That the undersigned, Stephen M. Beaulieu a961_41 Gail, N. Beaulieu
hereinafter called GRANTOR, whether one or more), for and in consideration of Fiveand _Dollars
(85.00) cash in hand paid, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto
CARDINAL EXTENSION COMPANY, LLC, its successors and assigns, (hereinafter cal Led GRANTEE), a right of way and easement
for the purposes of laying, constructing, maintaining, operating, repairing, altering, replacing, changing the size of,
and removing pipe Lines (with valves, regulators, meters, fittings, appliances, tie-overs, and appurtenant facilities)
for the transportation of gas, oil, petroleum products, or any other liquids, gases, or substances which can be
transported through a pipe line, and communication cables, wires and appurtenances, and the right of way shall be located
so as to be parallel with the center line of such first pipe line, under, upon, over, through and across the lands of
Grantor, situated in the County of Wake , State of North Carolina, described as follows:
Being all of Lot 11, as shown on that plat and survey entitled "Beaver Creek" as prepared by
A. R. Barnes, RLS, dated July 17, 1981, and recorded in Book of Maps 1985 at Page 450, Wake
County Registry, and further described in that certain deed dated 4/7/92 and recorded in the
Wake County Registry in Deed Book 5172 at Page 269.
The right of way and easement herein granted shall be as shown on Cardinal Operating
Company Drawing No. 24-06-1155/X-409647, sheet 1 of 1, dated 2/14/97 (last revised on
6/6/98), attached hereto and made a part hereof -
The Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment or use of
the rights herein granted, including, but without Limiting the same to, the free and full right of ingress and egress
over and across said right of way and easement, and the right from time to time to cut and remove all trees, undergrowth
and other obstructions that may injure, endanger or interfere with the construction, operation, maintenance and repair
of said pipe Lines, and the right from time to time to clear and use such additional Land adjacent to said right of way
as may be reasonably necessary in the construction of pipelines. The Grantee shall have the right to assign this grant
in whole or in part.
TO HAVE AND TO HOLD said right of way and easement unto said Grantee, its successors and assigns, until such
first pipe line be constructed and so long thereafter as a pipe line is maintained thereon; and the undersigned hereby
bind themselves, their heirs, executors and administrators (and successors and assigns) to warrant and forever defend
all and singular said premises unto the Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, subject to the following exceptions and conditions:
1) The lands described herein are subject to that certain Deed Of Trust to Eric W. Hinson,
Trustee for Mortgage Express Financial Services, Inc., dated March 27, 1998 and recorded in
Deed Book 7995 at Page 255 of the Wake County Registry and other covenants, easements, rights
of way, and restrictions of record.
2) Grantee, its heirs, successors and/or assigns shall comply with all applicable international,
federal, state and local laws, statutes, ordinances, rules and/or regulations with respect to
the laying, constructing, aLtering, repairing, removing, operating, changing the size of and replacing said
pipe lines and/or other improvements.
3) Grantee, its heirs, successors and/or assigns shall indemnify and agree to hold Grantor harmless
from and against any and all claims, losses, demands, damages (including environmental damage),
Liabilities or causes of action of any kind, character or nature, (including reasonable attorney
fees), sought, claimed or made by Grantee, its heirs, successors and/or other third parties which
may arise from the laying, constructing, altering, repairing, removing, operating, changing the size of and
replacing said pipe lines and/or other improvements.
Grantor shall not change the grade on the right of way nor place or construct upon the right of way any buildings,
trees, structural improvements or other encroachments without the express written permission of the Grantee, its heirs,
successors and/or assigns.
The Grantee agrees to bury all pipe Lines so that they will not interfere with the cultivation of the land, and
also to pay for any actual physical damages to fences, growing crops and timber (defined as trees or wood growth for
conmercial sale) and shall replace, re -grade and restore the land from any ruts, grooves and/or other like effects which
may arise from laying, constructing, altering, repairing, removing, changing the size of and replacing such pipe Lines.
No change in ownership of said Lands shall be binding upon Grantee until the muniment of title by which such
change becomes effective has been placed of record in the County wherein such lands are Located and a certified copy
thereof delivered to Grantee.
It is agreed that this grant covers all the agreements between the parties and no representations or statements,
verbal or written, have been made, modifying, adding to, or changing the terms of this agrgement.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal this •JC�i —D-
day of
re
ATTEST/WITNESS:
(SEAL)
Stephen M. Beaulieu
Gait N. Beaulieu
/�- ?.17z2 //9
ti
BK8 185PG 1969
STATE OF NORTH CAROLINA 1
COUNTY OF �t?i- 1
a Notary Public, do hereby certify that
Stephen M. i , personally appeared before
me this day and acknowledged the execution of the foregoing Risbt Of Nay Agreement. y Witness my hand and notarial seal this the —,� day of A0 oe h1 IPA,-1994p" _
NY comaissian
(SEAL)
Notary Publi
£ t -
NORTH CAROLINA — WAKE COUNTY
The ioregoing eertificalo—or
Rorar(y)(ies) Public
is (ate) cerfifiedto be carrerl.This instrument and Nis oarm ate are Bury registered at the data and
lime and in the book and page Shown on the firm page hereof.
By LAURA M. RIDDICK, Register of Deeds
j1e1 Meputy Register of Deeds
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Cardinal Operatingg Company
CEC - North Carolina 1/97
P.O. Box607
LINE NO. 7-107
Holly springs, N.C. 27544
&/w No. w-44
Instrument prepared by:
DRAFT
RIGHT OF WAY AGREEMENT
W.D. NO. 01
lU-D
Name: Bradley L. Lushbaugh
pp _
Address: 345 Greenbrier Drive
REGIS I JP:'-.1
Charlottesville, VA 22901
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0 ^O 6 Q J
98 NIT! 2.1 11 2'
y34
U�
STATE OF NORTH CAROLINA
v
COUNTY OF WAKE
REGISTER OF DEEGS_
—
WAKE GOUPITY
cn
KNOW ALL MEN BY THESE PRESENTS: That
the undersigned, Howard E. Macon.
a free trader
C)
_
hereinafter called GRANTOR, whether one or more), for and in consideration of
Forty-four and no/1uU Dollars
(544.00) cash in hand paid, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto
CARDINAL EXTENSION COMPANY, LLC, its successors and assigns, (hereinafter called GRANTEE), a right of Way and easement
fifty feet in width for the purposes of laying, constructing, maintaining, operating, repairing, altering, replacing,
changing the size of, and removing pipe lines (with valves, regulators, meters, fittings, appliances, tie -avers, and
appurtenant facilities) for the transportation of gas, oil, petroleum products, or any other Liquids, gases, or
substances which can be transported through a pipe line, and communication cables, wires and appurtenances, the Grantee
to have the right to select the route and location thereof (the laying of the first pipe line shalt constitute the
selection of the route by the Grantee) and the right of way shall be located so as to be parallel with the center line
of such first pipe line and to extend fifteen feet northerly and thirty-five feet southerly
therefrom, under, upon, over, through and across the lands of Grantor, situated in the County of Wake ,
State of North Carolina, described as follows:
Being those lands described in that certain deed dated 6/12/87 and recorded in the
Wake County Registry in Deed Book 4046 at Page 342.
The right of way and easement herein granted shall be as shown on Cardinal Operating
Company Drawing No. 24-06-1155/X-413113, sheet 1 of 1, dated 4/18/98, attached hereto
and made a part hereof.
It is the intention of the parties that the right of way and easement herein granted shall also extend across
any Lands of Grantor contiguous to the Lands particularly described above along the route selected by Grantee. During
pipeline construction, Grantor herein grants to Grantee the right to use such additional areas as are reasonably needed
for construction purposes adjoining the right of way defined above.
There is included in this grant the right to Lay, construct, maintain, operate, alter, repair, remove, change
the size of, and replace one additional Line of pipe within said right of way, and to use during the construction thereof
a reasonable work area adjoining the right of way; but for such additional line so laid the Grantee shall pay Grantor
a sum equivalent to one Dollar ($1.00) per lineal rod of such additional line, or such proportionate part thereof as
Grantor's interest in said lands bears to the entire fee, within sixty (60) days subsequent to the completion of the
construction of such additional tine.
The Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment or use of
the rights herein granted, including, but without limiting the same to, the free and full right of ingress and egress
over and across said Lands and other lands of the Grantor to and from said right of way and easement, and the right from
time to time to cut and remove all trees, undergrowth and other obstructions that may injure, endanger or interfere with
the construction, operation, maintenance and repair of said pipe lines, and the right from time to time to clear and
use such additional Land adjacent to said right of way as may be reasonably necessary in the construction of pipelines.
The Grantee shall have the right to assign this grant in whole or in part.
TO HAVE AND TO HOLD said right of way and easement unto said Grantee, its successors and assigns, until such
first pipe Line be constructed and so long thereafter as a pipe line is maintained thereon; and the undersigned hereby
bind themselves, their heirs, executors and administrators (and successors and assigns) to warrant and forever defend
all and singular said premises unto the Grantee, its Successors and assigns, against every person whomsoever Lawfully
claiming or to claim the same or any part thereof. Grantor shall not change the grade on the right of way nor place
or construct upon the right of way any buildings, trees, structural improvements or other encroachments without the
express written permission of the Grantee.
The Grantee agrees to bury all pipe lines so that they will not interfere with the cultivation of the Land, and
also to pay for any actual physical damages to fences, growing crops and timber which may arise from Laying,
constructing, altering, repairing, removing, changing the size of and replacing such pipe lines. The term "timber" is
defined as trees or the wood grown for commercial sale.
No change in ownership of said lands shall be binding upon Grantee until the muniment of title by which such
change becomes effective has been placed of record in the County wherein such lands are located and a certified copy
thereof delivered to Grantee.
It is agreed that this grant covers al( the agreements between the parties and no representations or statements,
verbal or written, have been made, modifying, adding to, or changing the terms of this agreement.
IN TESTIMONY WHEREOF the Grantor has hereunto set his hand and seal this ,_ /8�17day of
a , ,9�.
ATTEST/WITNESS:
f` , (SEAL)
Howard E, Macon
/� - �,� z zo
51L . 93PG 1 508
STATE OF NORTH ..CAROLINA ¢
COUNTY OF (¢
I, / C7 SJ,_ a Notary Public, do hereby certify that
Howard E. Macon, a free trader personally appeared before
me this day and acknowledged the execution of the foregoing Right Of Way Agreement.
Witness my hand and notarial seal this the p day of / Y 0
My commission expires: IO v Z—
(SEAL)
Notary Public p rs t"" i""...
STATE OF NORTH CAROLINA ¢ QJ . �•'�
COUNTY OF ¢ ••,•• 4in't v,4P'•
I, a Notary Public, do hereby certify that
NORTH CAROLINA — WAKE COUNTY
The foregoing certificate —of
Notar(y)pes) Publip
is (are) certified to he correcl.Thls instrument and this certificate are duly registered at the date and
lime and in the book and page shown on the first page hereof.
LAUFW �RIIIDIrKegister of Dsetls
�Y v
Asst. gisrar d1 Deeds
COUNTY OF ¢
2
a Notary Public, do hereby certify that
, personally appeared before
we this day and acknowledged the execution of the foregoing Right Of Way Agreement.
Witness my hand and notarial seal this the day of 199.
My commission expires:
(SEAL)
Notary Publlo
STATE OF NORTH CAROLINA ¢
COUNTY OF II
1, a Notary Public, do hereby certify that
, personally appeared before
me this day and acknowledged the execution of the foregoing Right Of Way Agreement.
Witness my hand and notarial seal this the day of 199_
My comaission expires:
(SEAL)
Notary Public
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