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HomeMy WebLinkAbout20190265 Ver 1_PCN Form Submission_20190227DWR - -.,, l bion of Water IXefearces Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* k5 Yes (71 No Is this project a public transportation project?* C Yes O No Change only ff needed. BIMS # Assigned* Version#* 20190265 1 Is a payment required for this project? C No payment required What amout is owed?* C Fee received C $240.00 O Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Mooresville Regional Office - (704) 663-1699 Alan Johnson:eads\adjohnson1 Information for Initial Review Ia. Name of project: Mallard Creek WRF Reuse Line - E)dension to UNCC 1a. Who is the Primary Contact?* Linda Diebolt 1b. Primary Contact Email:* Idiebolt@hazenandsawyer.com Date Submitted 2/27/2019 Nearest Body of Water Mallard Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 35.321260 Longitude: -80.731245 1c. Primary Contact Phone:* (919)906-1775 A. Processing Information W County (or Counties) where the project is located: Mecklenburg Is this project a public transportation project?* C Yes P, No 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? V Nationwide Permit (MNP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? C Yes r No Nationwide Permit (NWP) Number: 12 - Utility Lines NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: P 401 Water Quality Certification - Regular r7 401 Water Quality Certification - F)press ❑ Non -404 Jurisdictional General Permit ❑ Riparian Buffer Authorization Individual Permit 1e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: Cl Yes r No For the record onlyfor Corps Permit: C Yes r No 1f. Is this an after -the -fact permit application?* C Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes c No 19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? C Yes r No Acceptance Letter Attachment 2019-02-21 UNCC Water Line CRL_signed.pdf 80.14KB 1h. Is the project located in any of NC's twenty coastal counties? C Yes r No 1j. Is the project located in a designated trout watershed? C Yes IS No B. Applicant Information 1d. Who is applying for the permit? PI Owner ❑ Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? C Yes C No 2. Owner Information 2a. Name(s) on recorded deed: N/A - easement 2b. Deed book and page no.: 2c. Responsible party: Chuck Bliss, PE, Charlotte Water 2d. Address Street Address 5100 Brookshire Blvd. Address Line 2 City Charlotte Ptstal / Zip Cade 28216 2e. Telephone Number: (704)391-5095 2g. Email Address:* ebliss@ci.charlotte.nc.us C. Project Information and Prior Project History 1. Project Information State / Rovince / ftion NC Cauntry USA 2f. Fax Number: tb. Subdivision name: (ff appropriate) 1c. Nearest municipality/ town: Charlotte 2. Project Identification 2a. Property Identification Number: n/a - easements 2c. Project Address Street Address Address Une 2 atY Postal / Zip Axle 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Mallard Creek 3b. Water Resources Classification of nearest receiving water:* 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12 -digit HUC in which the project is located. 030401050103 4. Project Description and History 2b. Property size: 23.3 State / Rovinoe / legion Country 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The project consists of a mainly undeveloped, wooded corridor that traverses several maintained areas consisting of roadside easements, grass athletic fields, public areas and power easements; and roadways. Land use in the vicinity of the project consists of residential neighborhoods, retail centers, a stone quarry, and undeveloped land. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* C Yes O No C Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) USGS Topographic Map_Mallard Creek.pdf 895.13KB 4e. Attach an 81/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) NRCS Soil Survey_Meck County_1980_8.5 x 11.pdf 515.4KB 4f. List the total estimated acreage of all existing wetlands on the property - 0.879 4g. List the total estimated linear feet of all existing streams on the property: 486 4h. Explain the purpose of the proposed project:* The purpose of the project is to provide reuse water to UNCC for use by their chiller facilities and for irrigation of athletic fields. Due to multiple projects within the same corridor on the UNCC campus, the project described herein is Phase I and will stop prior to the UNCC property. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Approximately 1.9 miles of reuse line will be installed along Mallard Creek. Most of the pipe will be installed using open cut techniques. The pipe crossing at Highway 29 will be installed via jack and bore with the pipe encased in a steel casing pipe and an existing pipe casing will be used to install the pipe under East Mallard Creek Church Road. A majority of the new reuse line will be installed within wooded, undeveloped areas and portions of the project will cross or parallel existing easements that contains a maintained corridor and an active transmission line. Mallard Creek will be traversed three times and six unnamed tributaries to Mallard Creek will be crossed once each by the pipe. Portions of four wetlands will be traversed by the reuse line. Crossing of the streams and wetlands by the pipe will not result in loss of jurisdictional waters of the U.S.; however, conversion of forested wetlands to non -forested wetlands will occur in a small portion of each wetland traversed by the pipe. Where the project corridor parallels Mallard Creek under the Interstate 485 overpass, the construction corridor extends to within 10 feet of the top of bank of Mallard Creek due to constraints associated with existing Interstate 485 roadway support structures. All stream crossings will be performed within 15 degrees of perpendicular and all stream work will be performed in the dry. During construction activities, temporary stone dams will be placed upstream and downstream of the area of disturbance, and the stream will be pumped around the dammed area. Temporary stream crossing by use of Dragline Mate will be installed at three of the nine stream crossings during construction and removed upon completion of the pipe installation. Permanent fords will be installed at six of the nine stream crossings, as required to maintain accessibility to the reuse line for emergency and maintenance activities. Installation of the permanent fords will consist of excavation of the area in which the ford will be installed with temporary sidecasting of the stream sediments. Articulated open -cell blocks will be placed within the excavated area to a level that is approximately 6 inches below the existing bed of the stream. Excavated streambed material will be placed over the articulated open -cell blocks to the elevation of the pre -construction streambed. Indirect impacts of the project are anticipated to be beneficial. Construction of the project will allow for reuse water to be used by UNCC for chiller facilities and irrigation of athletic fields instead of using municipal drinking water. Equipment anticipated to be used during the proposed reuse line installation include backhoes, front-end loaders, dump trucks, and cranes. Boring equipment will be used to install the pipe under Highway 29. Details of proposed activities, such as temporary stream bypass, anti -seep collars, temporary stream crossings and permanent fords, are provided on the design drawings submitted in conjunction with this permit application. 4j. Please upload project drawings for the proposed project. 32270-016 UNCC REUSE (11x17 FOR PERMIT) 02-14-2019.pdf 4.97MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* O Yes O No O Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* O Preliminary O Approved O NDt Verified O Unknown O WA Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? 111...1. ......1111 Name (if known): Linda Diebolt Agency/Consultant Company: Haren and Sawyer Other: 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* O Yes O No 7b. If yes, explain. The project described herein, Phase I, consists of appropmately 70 percent of the entire project. Due to multiple projects within the same corridor within the UNCC campus along Toby Creek, Phase I will be completed before commencement of Phase 11. Phase II will e)dend the reuse line appropmately 1.1 miles south from the southern terminus of the project described herein (Phase 1) to UNCC. Construction of Phase I is anticipated to be completed by August 2020. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? Yes, a PCN application for a MNP #12 will be submitted for the future phase of the project. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): m Wetlands ® Streams -tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts 2g. Total Temporary Wetland Impact 0.425 2g. Total Wetland Impact 0.879 2g. Total Permanent Wetland Impact 0.454 2a1 Reason(?) 2b. Impact type * M 2c. Type of W. 2d. W. name * 2e. Forested* 2f. Type of Jurisdicition*M 2g. Impact area* PIPE INSTALL P Bottomland Hardwood Forest W-1 Yes Both 0.106 (ares) PIPE INSTALL T Bottomland Hardwood Forest W-1 Yes Both 0.089 (ares) PIPE INSTALL PBottomland Hardwood Forest W 4 Yes Both 0.132 (acres) PIPE INSTALL T Bottomland Hardwood Forest W 4 Yes Both 0.109 (acres) 6 PIPE INSTALL P Bottomland Hardwood Forest W-5 Yes Both 0.093 (acres) 6 PIPE INSTALL T Bottomland Hardwood Forest W-5 Yes Both 0.081 (acres) 9 PIPE INSTALL P Bottomland Hardwood Forest W-6 Yes Both 0.123 (acres) 9 PIPE INSTALLT Bottomland Hardwood Forest W-6 Yes Both 0.146 (acres) 2g. Total Temporary Wetland Impact 0.425 2g. Total Wetland Impact 0.879 2g. Total Permanent Wetland Impact 0.454 2h. Comments: All permanent wetland impacts are associated with conversion. No loss of jurisdictional wetlands will occur. 3. Stream Impacts 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 124 31. Total stream and ditch impacts: 486 31. Total temporary stream impacts: 362 3j. Comments: All permanent stream impacts are associated with permanent fords. Articulated open -call blocks will be placed in the streambed with the top of the block at the elevation of the pre -construction streambed. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Avoidance of all impacts is possible only with a no -build alternative, which does not meet the need of the project. During design, the project corridor was positioned to avoid jurisdictional wetlands, where feasible. Avoidance of the streams within the project corridor is not feasible. Stream crossings were designed to reduce the limits of disturbance. All crossings are designed to be within 15 degrees of perpendicular. Permanent subsurface fords were designed to allow access to the pipe corridor while providing for a natural streambed. Design of the project includes placement of anti -seep collars on the pipe upgradient and/or downgradient of jurisdictional areas, if required. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to jurisdictional areas during construction will be limited to the extent feasible by performing as much work as is possible from upland areas. In areas of impact, silt fencing will be placed upgradient of the jurisdictional areas and all construction activity will be performed upgradient of the silt fencing. All disturbed areas will be returned to original grade and seeded with a native seed mix within 90 days of completion of the project. Swamp matting will be used where appropriate in wetland areas. Excavation of the pipe trench will be performed as prescribed by the USACE in jurisdictional areas and side casting of excavated material into abutting wetland areas will be avoided to the extent feasible. Reason for impact (?) 3b.impact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type* 3f. Type of 3g. S. width* 3h. Impact 113a. (?) Jurisdiction* length* S7 PIPE INSTALL & FORD Te ora � ry Excavation S-1 Perennial Both 39 36 Average (feet) linear feet) S2 PIPE INSTALL Te ora � ry Excavation S-2 Intermittent Both 8 21 Average (feet) (Ir�rfeet) S3 PERMANENT FORD Permanent Pip Ra Fill P P S-2 Intermittent Both 8 16 Aver�e(feet) (ir�rfeet) S4 PIPE INSTALL Te ora � ry Excavation S-3 Perennial Both 4 25 Aver�e(feet) (Ir�rfeet) S5 PERMANENT FORD Permanent Rip Ra Fill P P S-3 Perennial Both 4 27 Average (feet) (Irefeet) S6 PIPE INSTALL & FORD Te ora � ry Excavation S-4 Perennial Both 42 37 Average (feet) (In�rfeet) S7 PIPE INSTALL Te ora rnP ry Excavation S-5 Intermittent Both 8 115 Aver�e(feet) (Ir�fe�) S8 PERMANENT FORD Permanent Pip Ra Fill P P S-5 Intermittent Both 7 25 Average (feet) (Ir�rfeet) S9 PIPE INSTALL Temporary Excavation :1F Intermittent Both 3Ave 30fe�) age (feet) S10 PERMANENT FORD Permanent Rip Ra Fill P P S-6 Intermittent Both 3 16 Average (feet) (Irefeet) S11 PIPE INSTALL Tem ora P ry Excavation S-7 Intermittent Both 8 38 Average (feet) linear feet) S12 PERMANENT FORD Permanent Rip Rap Fill S-7 Intermittent Both 8Average 2(In�rfe�) (feet) S73 PIPE INSTALL & FORD Temporary Excavation S-8 Perennial Both 3Average(feet) 3(ir�rfea) S74 PIPE INSTALL Temporary Excavation S-9 Intermittent Both 8Average 2(in�rfed) (feet) S75 PERMANENT FORD Permanent Rip Rap Fill S-9 Intermittent Both 8 17 Average (feet) (in�rfeet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 124 31. Total stream and ditch impacts: 486 31. Total temporary stream impacts: 362 3j. Comments: All permanent stream impacts are associated with permanent fords. Articulated open -call blocks will be placed in the streambed with the top of the block at the elevation of the pre -construction streambed. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Avoidance of all impacts is possible only with a no -build alternative, which does not meet the need of the project. During design, the project corridor was positioned to avoid jurisdictional wetlands, where feasible. Avoidance of the streams within the project corridor is not feasible. Stream crossings were designed to reduce the limits of disturbance. All crossings are designed to be within 15 degrees of perpendicular. Permanent subsurface fords were designed to allow access to the pipe corridor while providing for a natural streambed. Design of the project includes placement of anti -seep collars on the pipe upgradient and/or downgradient of jurisdictional areas, if required. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to jurisdictional areas during construction will be limited to the extent feasible by performing as much work as is possible from upland areas. In areas of impact, silt fencing will be placed upgradient of the jurisdictional areas and all construction activity will be performed upgradient of the silt fencing. All disturbed areas will be returned to original grade and seeded with a native seed mix within 90 days of completion of the project. Swamp matting will be used where appropriate in wetland areas. Excavation of the pipe trench will be performed as prescribed by the USACE in jurisdictional areas and side casting of excavated material into abutting wetland areas will be avoided to the extent feasible. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? C Yes r No 2c. If yes, mitigation is required by (check all that apply): ❑ DWR 17, Corps 2d. If yes, which mitigation option(s) will be used for this project? V Mitigation bank ❑ Payment to in -lieu fee ❑ Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: City of Charlotte Umbrella Stream and Wetland Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) _. Type: Quantity: Non -riparian wetland 0.454 Attach Receipt and/or letter 2019-02-21 UNCC Water Line CRL_signed.pdf 3c. Comments 80.1418 F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? O Yes r No What type of SCM are you providing? ❑ Level Spreader ❑ Vegetated Conveyance (lower SHWT) ❑ Wetland Swale (higher SMM) ❑ Other SCM that removes minimum 30% nitrogen [7 Proposed project will not create concentrated stormwater flowthrough the buffer Diffuse Flow Documentation 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* rYes 0No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H.1003(2)? r Yes r No Comments: G. Supplementary Information L 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* re Yes r No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? * r Yes M No Comments:* Not required per NC and US rules. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 21-1.0500), Isolated Wetland Rules (15A NCAC 21-1.1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)?* O Yes 4 No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* O Yes O No 3b. If you answered "no," provide a short narrative description. This project is being constructed to provide reuse water to UNCC for use in their chiller facilities and irrigation of athletic fields, which will decrease the university's reliance on municipal drinking water. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* OYes 4No0NA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* O Yes O No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* O Yes d No 5d. Is another Federal agency involved?* O Yes d No O Unknown 5e. Is this a DOT project located within Division's 1-8? O Yes O No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? O Yes O No 5g. Does this project involve bridge maintenance or removal? O Yes O No 5h. Does this project involve the construction/installation of a wind turbine(s)?* O Yes d No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? O Yes O No If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property. 02202 - Excavation by Blasting.pdf 94.91 KB Blasting Information.pdf 55.35KB 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A resource list for the project area was obtained from IPaC and an assessment of the project areas relative to available potential habitat of the listed species was performed. Consultation Documentation Upload USFWS_IPac_13Dec18.pdf 890.76KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* O Yes O No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Review of Essential Fish Habitat designations was performed on-line via the National Oceanic and Atmospheric Administration, National Marine Fisheries Services' Essential Fish Habitat Mapper. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* O Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC State Historic Preservation web site and associated links. 7c. Historic or Prehistoric Information Upload HPO Information.pdf 2.46MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* O Yes 4 No 8b. If yes, explain how project meets FEMA requirements: Except for concrete vaults that contain combination air release and vacuum valves, the project does not include aboveground infrastructure that will reduce the flood capacity of the stream. The project has been designed and will be constructed to avoid permanent or adverse impacts to the floodplain traversed by the project corridor. 8c. What source(s) did you use to make the floodplain determination?* FEMA floodplain layer obtained from Mecklenburg County Open Mapping website. FEMA data obtained was updated December 10, 2018. Miscellaneous Comments The ORM Upload Sheet Consolidated Rapanos form and the Preliminary ORM Data Entry Fields for New Actions form will be provided once the name of the assigned USACE representative and the projects' AID Number are provided. Miscellaneous attachments not previously requested. Signature m By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Linda Patricia Diebolt Signature 6e%%-e0Aohie�& Date 2/27/2019 AGENT AUTHORIZATION FORM Charlotte Water proposes to install approximately 2 -miles of 16" reuse water line in a 30 to 45 -foot wide construction corridor that traverses 11 parcels in the eastern portion of Mecklenburg County, North Carolina. STREET ADDRESS: N/A —project site is a (ransmission line corridor easement PROPERTY OWNER: Multiple The undersigned, Chuck Bliss, Engineering Division Manager, Charlotte Waterdo hereby authorize Linda Diebolt o f Hazen and Sawuer (Contractor / Agent) (Name of 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 and all standard and special conditions attached, excluding any and all financial obligations. SIGNATORIES ADDRESS: Charlotte Water 5100 Brookshire Blvd Charlotte, NC 28216 Telephone: I hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signatur ' i Date: ChartoHe-Mecklenburg TEy= ' � Services February 25, 2019 Mr. Bill Deal Charlotte Water 5100 Brookshire Blvd Charlotte, NC 28216 Subject Project: UNCC Water Re -Use Line (SAW#: TBD) HUC#: 03040105 (Rocky) 600 E. Fourth Street Charlotte, NC 28202 Fax 704.336.6586 The purpose of this letter is to notify you that the City of Charlotte Umbrella Stream and Wetland Mitigation Bank ("Umbrella Bank") is willing to accept the mitigation responsibility associated with the subject project. Please note that the decision by the Umbrella Bank to accept this responsibility does not ensure acceptance by the U.S. Army Corps of Engineers or the North Carolina Division of Water Quality. It is the responsibility of the applicant to coordinate with these agencies to determine if payment to the Umbrella Bank for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. The following documents must be submitted to the Umbrella Bank within this time frame for this acceptance to remain valid: 1. 404 Permit Verification 2. 401 Water Quality Certification 3. Executed Transfer of Funds between Charlotte Water and the Mitigation Bank (Storm Water Services) detailing the use of and payment for the credits described in the table below. Based on the information supplied by your consultant, the stream and wetland credits that are necessary to satisfy the compensatory mitigation requirements and the total mitigation credits available for this for this project are detailed in the table below. Stream linear feet Wetlands acres Credits Requested for This Project N/A 0.454 Credits Available for This Project N/A 0.454 Mitigation Project Names Upper Stoney Creek The stream and wetland mitigation will be provided as specified in the Section 404 Permit or corresponding 401 Water Quality Certification for impacts associated with the subject project in Hydrologic Unit 03040105 of the Rocky River Basin. The mitigation will be performed in accordance with the Agreement to Establish the City of Charlotte Umbrella Stream and Wetland Mitigation Bank in Mecklenburg County, North Carolina, dated June, 16, 2004. Please contact me with questions and to arrange payment upon receipt of permit approvals at (704) 336-4495 or ihinson@charlottenc. gov. Sincerely, Isaac J. Hinson Mitigation Administrator CC: Jarrod Karl, Hazen and Sawyer Erin Shanaberger, CMSWS File • �� To report pollution or drainage problems, call: 311 �,.:O http://stormwater.charmeck.org For construction of the Mallard Creek project, blasting and mechanical methods of rock removal is anticipated. The duration of these operations will be determined upon rock location, depth, and hardness. It is anticipated that the contractor will perform blasting along the pipe corridor (where allowed) in the early stages of the project for the full length of the alignment. Areas where rock removal is required but not allowed, mechanical methods will be used. Refer to the attached Hazen Specifications 02202 "Excavation By Blasting" for general blasting requirements. SECTION 02202 EXCAVATION BY BLASTING PART 1 -- GENERAL 1.01 THE REQUIREMENT A. Furnish all labor, equipment and materials required to drill, blast, loosen, excavate, and dispose material to complete the work shown on the Drawings and specified herein. B. The work shall include, but not be limited to: 1. Blast round design. 2. Planning and execution of appropriate site-specific safety measures to be employed during all blasting operations, and the safe handling and storage of high explosives and blasting agents. 3. Drilling blast holes, loading blast holes with explosives, and wiring and safe detonation of blast rounds. 4. Removal from the site of all excess excavated soil, debris, and rock as indicated in the Contract Documents, or as directed by the Engineer, and disposal of excess materials at a permitted disposal site. 5. Dewatering and maintenance of groundwater and surface water in all excavations. 6. Performance of all surveys necessary to establish and verify the lines and grades, and to determine the amount of material removed. 7. Implementation of monitoring program to monitor condition of existing structures and utilities in vicinity of proposed blasting operations to insure existing features remain undamaged by blasting procedures. C. All excavations shall be in conformity with the lines, grades, and cross sections shown on the Drawings or established by the Engineer. D. It is the intent of this Specification that the Contractor conduct the construction activities in such a manner that erosion of disturbed areas and off-site sedimentation be absolutely minimized, both at the excavation site and at the disposal site, as well as along any haul routes used. E. Rock excavation by blasting is prohibited within the CSX Railroad right-of-way. A 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02100 — Clearing, Grubbing, and Site Preparation 30831-033102202:06/07/2018 02202-1 RAYS FORK INTERCEPTOR B. Section 02200 — Earthwork C. Section 02276 — Erosion and Sedimentation Control 1.03 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. North Carolina Occupational Safety and Health Standards in Construction for Blasting & Use of Explosives. 1.04 SUBSURFACE CONDITIONS A. Reference is made to investigation reports of subsurface or latent physical conditions at the site or otherwise affecting performance of the work which have been relied upon by Engineer in preparing the Drawings and Specifications. B. Attention is directed to the fact that there may be other water pipes, storm drains, sewer lines, electric conduits, and other utilities located in the area of the proposed excavation. Contractor shall perform all repairs to same in the event that excavation activities should disrupt service. 1.05 SUBMITTALS A. In accordance with the procedures and requirements set forth in Section 01300 - Submittals, the Contractor shall submit the following at least 30 working days prior to beginning any blasting operations: Names, addresses, telephone numbers, and qualifications of the blasting subcontractor(s) and explosives supplier(s) that will be used, including the designated Blaster -In -Charge. 2. Copies of Training Certificates for the designated Blaster -In -Charge, blasting foreman and any other key personnel that will be responsible for the work, showing that they have received specialized training in the proper handling of explosives. 3. A Blasting Plan, indicating the methods, materials and equipment to be used. The Blasting Plan should indicate the types of explosives to be used, drilling patterns, and a general layout and schedule for executing the work in accordance with state regulations. 4. A ground vibration and air blast monitoring plan, indicating structures that will be monitored, monitoring equipment that will be used, and personnel that will perform the monitoring. B. At least 24 hours before each blast round, Contractor shall submit a detailed blast round design plan to the Engineer's on-site representative. The blasting plan submitted is for quality control and record keeping purposes. Review by the Engineer shall not relieve the Contractor of his responsibilities as provided herein. The blast round design submittals shall include: 1. Location (state, grid coordinates) and limits of the shot. 30831-033102202:06/07/2018 02202-2 RAYS FORK INTERCEPTOR 2. Number, diameter, and depth of blast holes to be detonated in the round, and a plan showing the drill hole pattern, spacing and distance to the free face. 3. Depth of overburden. 4. Total weight of explosives in the round and the types of explosives to be used. 5. Loading diagram showing the location of explosives, primers, and initiators; and location, depth, and type of stemming to be used in each hole. 6. Initiation sequence, including delay timer and delay system, total weight of explosive to be detonated on each delay, and a list of the timing of the delays. 7. Manufacturer's data sheet for all explosives, primers, and initiators to be used. 8. Planned seismic monitoring positions, distances from the blast round, and seismograph types to be used to monitor vibrations and air blast overpressures. 9. Type and amount of blasting mats and/or depth of soil cover to be used over the top surface of the shot. 10. Any other information required by applicable state and federal regulations. C. Within 24 hours after each blast round, Contractor shall submit a blasting report to the Engineer. The blasting report shall include: 1. Date and time of shot. 2. Foreman's name. 3. Number and depth of holes detonated. 4. Weather conditions at the time of detonation. 5. Type of explosives and detonators used. 6. Peak particle velocity of ground motion and primary frequency for all ground vibration monitoring stations. 7. Peak air blast overpressure measured. 8. Distance from the blast round to each monitoring station for vibrations and air blast. 9. Amount of explosive used in each hole, and maximum weight of explosive detonated on any single delay in the blast round. 1.06 USE OF EXPLOSIVES A. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property. The Contractor shall be 30831-033102202:06/07/2018 02202-3 RAYS FORK INTERCEPTOR responsible for any and all damage or injury to persons or property resulting from the use of explosives. B. All explosives shall be stored in a secure manner, in compliance with all laws, and all such storage places shall be marked clearly "DANGEROUS EXPLOSIVES". C. The Contractor shall notify any public utility company having facilities in close proximity to the site of the work of his intention to use explosives. This notice shall be given sufficiently in advance to enable the utility companies to take whatever steps they may consider necessary to protect their property from injury. The Contractor shall also give the Engineer, all occupants of adjacent property, and all other Contractors working in or near the Project, notice of his intention to use explosives. PART 2 -- PRODUCTS 2.01 MATERIAL REQUIRING EXCAVATION BY BLASTING A. Refer to Section 02220, Paragraph 1.04.13, for definition of rock. 2.02 INITIATORS A. Contractor is advised of the possible presence of high-voltage electric power lines and radio towers at the project site. Only non -electric type initiators may be used. PART 3 -- EXECUTION 3.01 BLASTING OPERATIONS A. Explosives shall be of such quantity and power and shall be used in such locations as will neither open seams nor otherwise disturb the material outside the prescribed limits of excavation. As the excavation approaches its final limits, the depth of holes for blasting and the amount of explosives used for each hole shall be reduced so that the underlying or adjacent rock will not be disturbed or shattered. B. BLASTING SHALL NOT BE PERFORMED WITHIN 100 FEET OF NEWLY PLACED CONCRETE THAT HAS CURED LESS THAN 7 DAYS. NO BLASTING SHALL BE PERMITTED WITHIN 50 FEET OF ANY EXISTING STRUCTURE OR ANY NEW STRUCTURE IN PROGRESS. 3.02 BLAST MONITORING A A pre -construction condition inspection and documentation of adjacent structures on-site and off-site shall be performed by the Contractor. The Contractor shall exercise the utmost care not to damage property on-site and off-site. The Contractor shall notify each adjoining property owner within 2500 feet of the site of the anticipated ground vibrations and noise which will occur due to his blasting operations. This notice shall be given 30 days in advance to enable the adjacent property owners to take whatever precautions they may consider necessary. The Contractor shall limit his operations to minimize any disturbance to the adjacent property owners. Motorists on adjacent roadways shall be notified in accordance with state regulations. The Contractor shall be 30831-033102202:06/07/2018 02202-4 RAYS FORK INTERCEPTOR responsible for any damage to any structure or utility line, pipes, etc., on-site and off-site as a result of his operations. B. For each blast round, Contractor shall monitor and record noise and air blast overpressures at the site perimeter nearest the blast location and at the on-site or off- site structure located nearest to the round. Peak air blast overpressure shall not exceed 0.018 psi, measured at the site perimeter. C. The site of every blast round shall be sufficiently covered with blasting mats or other devices to prevent any flying debris. The number and type of blasting mats must be satisfactory to the Engineer. The Contractor will be fully responsible for any damage caused by flying debris, both to on-site and off-site properties. D. Whenever blasting is to be performed within 2500 feet of any structure, the Contractor shall measure the peak particle velocities of ground vibration resulting from each blast at the structure. Vibrations shall be monitored utilizing a seismograph capable of providing a record of particle velocity and frequency along three mutually perpendicular axes utilizing internal calibration. Measured peak particle velocity of ground motion at the monitored structure shall not exceed the values shown in the following graph: 10 0.19 0.1 UNACCEPTABLE 10 Frequency (Hertz) - END OF SECTION - ACCEPTABLE 2.0 inch/sec 100 30831-033102202:06/07/2018 02202-5 RAYS FORK INTERCEPTOR THIS PAGE INTENTIONALLY LEFT BLANK 30831-033102202:06/07/2018 02202-6 RAYS FORK INTERCEPTOR = s9 F* �9Li �- P Af-' " I011' k s ILL- D E nE1 �A U q _ IY +., �', .fir C Y •" fes , " wear E v� I yJ b v , ';Nr h F p _ -VIN WL L Mel ".�rkE.? f r 5 Y Erl r, f�d o � IN I,: D I 0. •a': n M W W E r " YkD `. F N' VvkD _. i� W k F �N a N •Y'M �t J 1 �- E.."Ljl11 Wk. F FrD Fils to 14 fn Er:Ci .Y -i D i I - til At Mallard Creek 16-i' nch Reuse Line � v - � _ _ / _ � 'F- IMSt � _ Y� f r � •/ �3 Vii' - I t• - Yr o _ 4..y, - - ' '� _ �`• PPP ( f �g�,. _ �— ,r CoPYri ht:© 20.13.National Geographic Society, i=cubed SCALE N USGS Topographic Map CHARLOTTE 0 0.25 0.5 1 Mile W+ E WTER azen Mallard Creek WRF Reuse Line Extension to UNCC 1 inch = 0.5 mile S Mecklenburg County, North Carolina IPaC: Explore Location Page 1 of 11 IPaC Information for Planning and Consultation U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site- specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each se -on that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI W lay foadditional information applicable to the trust resources addressed in that section.' L_ocation Mecklenburg County, North Carolina Local office 0 Asheville Ecological Services Field Office t. (828) 258-3939 JEJ (828) 258-5330 160 Zillicoa Street Asheville, NC 28801-1082 http://www.fws.gov/nc-es/es/countyfr.html https:Hecos.fws.gov/ipac/location/X5NLRMTK7NCMBMWDAQ6TE70SK4/resources 12/13/2018 lPaC: Explore Location Page 2 of 11 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site-specific and project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretar information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this req irement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. N 61 For project evaluations that require USFWS concurrence/r le eturn to the IPaC website and request an official species list by doing the followin 1. Draw the project location and click CONTI 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 0 4. Provide a name and descrip r your project. 5. Click REQUESTS E LIST Listed species and their critic ° .,habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries?). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. 2. 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. The following species are potentially affected by activities in this location: https:Hecos.fws.gov/ipac/location/X5NLRMTK7NCMBMWDAQ6TE70SK4/resources 12/13/2018 lPaC: Explore Location Page 3 of 11 Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 Clams NAME STATUS Carolina Heelsplitter Lasmigona decorata Endangered There is final critical habitat for this species. Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/3534 Flowering Plants NAME ST S Michaux's Sumac Rhus michauxii End g red No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinit Endangered No critical habitat has been designated f - eci https://ecos.fws.gov/ecP/SDecies/3849 Smooth Coneflower c nace I vigata Endangered No critical habitat a e ignated for this species. https://erg �tl� m s o c /s ecies/3473 illlil w. Nni rcal'`habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act 1 and the Bald and Golden Eagle Protection Act?. https:Hecos.fws.gov/ipac/location/X5NLRMTK7NCMBMWDAQ6TE70SK4/resources 12/13/2018 INC: Explore Location Page 4 of 11 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. Additional information can be found using the following links: Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php Nationwide conservation measures for birds The birds listed below are birds of particular concern either because they occur on theS 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 infor rd atio about Atlantic Coast birds, and other important information about your migratory bilist, . I Ing h to properly interpret and use your migratory bird report, can be found below. For guidance o h s ule activities or implement avoidance and minimization measures to reduce im o migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the t p y r li to see when these birds are most likely to be present and breeding in your project https:Hecos.fws.gov/ipac/location/X5NLRMTK7NCMBMWDAQ6TE70SK4/resources 12/13/2018 lPaC: Explore Location NAME Page 5 of 11 BREEDING SEASON (IF A BREEDING ............................................................................................... SEASON IS INDICATED FOR A BIRD ............................................................................................. ON YOUR LIST, THE BIRD MAY ................................................................................. BREED IN YOUR PROJECT AREA .................................................................................... SOMETIME WITHIN THE ................................................................ TIMEFRAME SPECIFIED, WHICH IS A ............................................................................................... VERY LIBERAL ESTIMATE OF THE ....................................................................................... DATES INSIDE WHICH THE BIRD ..................................................................................... BREEDS ACROSS ITS ENTIRE ............................................................................ RANGE. "BREEDS ELSEWHERE" ................................................................................... INDICATES THAT THE BIRD DOES ......................................................................................... NOT LIKELY BREED IN YOUR ............................................................................ PROJECT AREA.) .......................................... Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. ,& , �No https://ecos.fws.gov/ecp/species/1626 Blue -winged Warbler Vermivora pinus eds May 1 to Jun 30 This is a Bird of Conservation Concern (BCC) only in partic la' Conservation Regions (BCRs) in the continental USA f Cerulean Warbler Dendroica cerulea Breeds Apr 28 to Jul 20 This is a Bird of Conservation Concern (B Q throughout its range in the continental USA and Alaska. https://ecos.fws.gov/gcDispe&SX2974 " Kentucky Warbler Opprornis formosus Breeds Apr 20 to Aug 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https:Hecos.fws.gov/ipac/location/X5NLRMTK7NCMBMWDAQ6TE70SK4/resources 12/13/2018 INC: Explore Location Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. 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 Page 6 of 11 Breeds elsewhere 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 thi report. Probability of Presence ( ) Each green bar represents the bird's relative probability of presence in 0 ` d ell(s) your project overlaps during a particular week of the year. (A year is re ente s 2 4 -week months.) A taller bar indicates a higher probability of species presence. T su e (see below) can be used to establish a level of confidence in the presence score. O a a higher confidence in the presence score if the corresponding survey effort i s How is the probability of presence score c c to e calculation is done in three steps: 1. The probability of presence for ach ee s culated as the number of survey events in the week where the species was dete e ivide the total number of survey events for that week. For example, if in week 12 e re survey events and the Spotted Towhee was found in 5 of them, the proba e of the Spotted Towhee in week 12 is 0.25. 2. To proper rese the pattern of presence across the year, the relative probability of presence is calculated. is is t ` e 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. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. 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. https:Hecos.fws.gov/ipac/location/X5NLRMTK7NCMBMWDAQ6TE70SK4/resources 12/13/2018 lPaC: Explore Location Page 7 of 11 To see a bar's survey effort range, simply hover your mouse cursor over the bar. 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 Ea NBon� CCgle Vulnerable I I I I I I I I I I I I I I 1111 �"' "" ++++ + 1-A A = 1 1 1+ I I 11 11 (This is not a Bird of ........................................ Conservation Concern (BCC) in this area, but , warrants attention ..................................... because of the Eagle .................................tia......... Act or for Potenl ..................................... susceptibilities in .................................. offshore areas from ......................................... certatpes of ...........in.y .............. development or ................................ activities.) Blue -winged ++++ ++++ ++++ "II I ++ +"+ ++++ ++—+ +++— Warbler BCC - BCR (This is a Bird of Conservation Concern (BCC) only in ............ ............... particular Bird Conservation Regions ........................................ (BCRs) in the continental USA) Cerulean Warbler I ++ + + + + ++$l ++++ ++-- ---+ ++++ ++++ ++++ ++—+ +++— BCC Rangewide (CON) ........................................... (This is a Bird of .0001, ........................... Conservation Concern (BCC) thro out its range th .-e I, A Kentucky Warbler ++++ ++++ ++++ ++I' "I+ ++++ ++++ ++—+ +++— BCC R ngewide(CON) .............................................. (This is a Bird of ................................. Conservation Concern .............................................. (BCC) throughout its .......................................... range in the ........................ continental USA and .......................................... Alaska.) ................ Prairie Warbler I I I I I I I + +++ III�+ ++++ ++++ ++++ ++++ ++++ BCCRangewide(CON) TTTT TTT T (This is a Bird of ................................. Conservation Concern .............................................. (BCC) throughout its .......................................... range in the ......................... continental USA and .......................................... Alaska.) ................ https:Hecos.fws.gov/ipac/location/X5NLRMTK7NCMBMWDAQ6TE70SK4/resources 12/13/2018 lPaC: Explore Location Page 8 of 11 Prothonotary ++++ ++++ ++++ ++++ ++++ ++++ ++++ Warbler BCC Rangewide (CON) .............................................. (This is a Bird .of ................................ Conservation Concern .............................................. (BCC. .) throughout its ...................................... range in the ......................... ct .....o.n..........inental............USA............and.. Alaska.) ................ Red-headed Woodpecker BCC Rangewide (CON) (This is a Bird of ................................. Conservation Concern .............................................. (BCC) throughout its ................................... range in the ......................... continentaI USA and .......................................... Alaska.) ................ 1*11 1011 Io11 11111 1111 1+11 1111 1111 1011 1+++ UP 11+1 Rusty Blackbird +00+ 0+++ ++++ ++++ ++++ ++++ +0++ BCC Rangewide (CON) .............................................. (This is a Bird of ................................ Conservation Concern .............................................. (BCC) throughout its +++I U"�p \U N qW .......................................... range in the continental USA and .................... Alaska.) I Wood Thrush ++++ ++++ ++++ +11� ��+1 +++' ' BCC Rangewide (CON) (This is a Bird of ............................ Conservation Concern ,(BCC)throu houtits range in the ......................... continental USA and Alaska.) C Tell me more about conservation a res 1 scan 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 roun ImIentation of these measures is particularly important when birds are most likely to occur in the project area. When bi s 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 and/orep rmits 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 migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCCI 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.E-bird Explore Data Tool. https:Hecos.fws.gov/ipac/location/X5NLRMTK7NCMBMWDAQ6TE70SK4/resources 12/13/2018 lPaC: Explore Location Page 9 of 11 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, migrating or present year-round in my project 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 refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. 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. Detatls 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 https:Hecos.fws.gov/ipac/location/X5NLRMTK7NCMBMWDAQ6TE70SK4/resources 12/13/2018 lPaC: Explore Location Page 10 of 11 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. Facilities ,0MWA44k& t National Wildlife Refuge lands _. \\600� Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by th Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS ATT' CATI Fish h�t-�ieries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory 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. This location overlaps the following wetlands: https:Hecos.fws.gov/ipac/location/X5NLRMTK7NCMBMWDAQ6TE70SK4/resources 12/13/2018 lPaC: Explore Location FRESHWATER FORESTED/SHRUB WETLAND PF01A PSS1 C PF01 C RIVERINE R2UBHx R2UBH R4SBC Page 11 of 11 A full description for each wetland code can be found at the National Wetlands Inventory website Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experien e image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. 1. Data exclusions CP Certain wetland habitats are e o he National mapping program because of the limitations of aerial imagery as the primary data sortrf'th u d to et ct wetlands. These habitats include seagrasses or submerged aquatic vegetation that are fou ' rtidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitatst eca e otheir depth, go undetected by aerial imagery. D precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. https:Hecos.fws.gov/ipac/location/X5NLRMTK7NCMBMWDAQ6TE70SK4/resources 12/13/2018