20191022 Ver 1_PCN Form Submission_20190729

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02*10n of Water R"Ourc"
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned *
Version#*
20191022
1
Is a payment required for this project?*
* No payment required
What amout is owed?*
* Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office* Select Project Reviewer*
Asheville Regional Office - [phone] Kevin Mitchell:eads\rkmitchell
Information for Initial Review
1a. Name of project:
Lopez
1a. Who is the Primary Contact?*
Ronnie Dilbeck, PG
1b. Primary Contact Email:*
[e-mail]
Date Submitted
7/29/2019
Nearest Body of Water
Cullasaja River (Ravenel Lake)
Basin
Little Tennessee
Water Classification
WS -III; Tr
Site Coordinates
Latitude:
35.08481
A. Processing Information
County (or Counties) where the project is located:
Macon
Is this project a public transportation project?*
r Yes r No
Longitude:
-83.19087
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable venters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (NWP)
F- Regional General Permit (RGP)
r- Standard (IP)
1c. Primary Contact Phone:*
[phone]

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
39 - Commercial/Institutional Developments
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - Express
F Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
O Yes r No
B. Applicant Information
1d. Who is applying for the permit?
Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
C Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Meinardo Lopez
2b. Deed book and page no.:
Q-37/1319
2c. Responsible party:
2d. Address
Street Address
PO Box 2184
Address Line 2
City
Highlands
Fbstal / Zip Code
28741
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
..... .................
3a. Name:
Ronnie Dilbeck, PG
State/ Rwince / lbjicn
North Carolina
Country
USA
2f. Fax Number:
r Yes r No
rYes rNo

3b. Business Name:
CreekStone,PLLC
3c. Address
Street Address
132 Blueberry Lane
Address Line 2
City
Franklin
Postal / Zip Code
28734
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(ff appropriate)
1c. Nearest municipality/ town:
Highlands
2. Project Identification
2a. Property Identification Number:
7541626326
2c. Project Address
Street Address
11205 Buck Creek Road
Address Line 2
City
Highlands
Postal / Zip (ode
28741
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Cullasaja River (Ravenel Lake)
3b. Water Resources Classification of nearest receiving water:*
WS -III; Tr
3c. What river basin(s) is your project located in?*
Little Tennessee
3d. Please provide the 12 -digit HUC in which the project is located.
060102020201
4. Project Description and History
State / Province / legion
North Carolina
Country
USA
3e. Fax Number:
2b. Property size:
2.64
State / Province / legion
North Carolina
Country
USA
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 property owner cleared debris on his property and consequently place fill material in 0.06 acres of wetlands impact and 100 linear feet (LF) of stream impact. The land is used for
the owner's construction business. Various rocks and supplies are stored on property.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
NC_Highlands_20160624_TM_geo.pdf 4.93MB
4e. Attach an 8 1/2 X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soil Report_Excerpt.pdf 360.83KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.34
4g. List the total estimated linear feet of all existing streams on the property:

230 linear feet perennial
4h. Explain the purpose of the proposed project:*
The property owner cleared debris on his property and consequently performed grading and vegetation removal in 0.06 acres of wetlands impact and placed fill material in 100 linear
feet (LF) of the Cullsaja River (Ravenel Lake). The property owner was unaware of violation of federal law when the clearing and fill were performed. This is a retroactive Nationwide
Permit No. 39.
CreekStone, PLLC. is retroactively seeking a permit to bring the impact into compliance. The following activities are proposed: stream bank stabilization, reestablish the stream buffer,
and a planting plan in the filled area of the wetlands.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The stream banks shall be pulled back to a 3:1 slope and stabilized. The stream buffer reestablishment shall follow all federal, state, and local laws regarding erosion control runoff, and
planting techniques. Three structures are proposed in the impacted stream, the impacted wetlands shall be re -planted and stabilized, and a plan is attached.
4j. Please upload project drawings for the proposed project.
Planting Plan_LopezNOV.pdf 742.02KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r WA
Corps AID Number:
2019-00534
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Ronnie Dilbeck, PG
Agency/Consultant Company: CreekStone, PLLC
Other:
r Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
08/01/2019
5d1. Jurisdictional determination upload
Lopez Property 11205 Buck Creek Road - PJD Request.pdf 82.41 KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
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?
No.
D. Proposed I m pacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
P Wetlands R Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
!a. Site #* (�) 2a1 Reason M 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition * M area*
I� Fill JP
Unknown Wetlands Yes Both 0.060
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.060
2g. Total Wetland Impact
0.060
2h. Comments:

3. Stream Impacts
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width *h. I
3mpact
(?) Jurisdiction* length*
1 Grading and Vegetation Permanent Fill Cullasaja River (Rave nel Perennial Both 2 100
Removal Lake) Average (Feet) (linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
100 0
3i. Total stream and ditch impacts:
100
3j. Comments
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 and Minimization did not occur, because the property owner was unaware his actions were violating federal and state law.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Avoidance and Minimization did not occur, because the property owner was unaware his actions were violating federal and state law.
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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The impact is less than 0.5 Acres. A retroactive nationwide permit is requested.
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?
r Yes r No
If no, explain why:
The project is not located within a NC Riparian Buffer Protection county.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
O Yes r No
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federallstate/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
r Yes r No

2b Provide an explanation of the violation(s):
The project site is private property. The property owner cleared debris on his property and consequently placed FII material in 0.06 acres of wetlands
impact and 100 linear feet (LF) of stream impact.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The placement of fill in the wetlands and the impacted stream was not performed to add any additional development on the parcel. The goal of this
project is to stabilize the work already completed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r No r N/A
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?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No
What Federal Agency is involved?
U.S. Army Corps of Engineers
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
5i. 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.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
U.S. Fish and Wildlife Information for Planning and Consultation
U.S. Fish and Wildlife Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species in Macon County, NC.
Consultation Documentation Upload
Species List_ Asheville Ecological Services Field Office.pdf 734.94KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
National Oceanic and Atmospheric Administration (NOAA) Southeast Regional Office GIS Data Mapper for Critical Habitat
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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
National Historic Trust: Historic Sites Map
NC office of State Archaeology: Archaeological Sites
7c. Historic or Prehistoric Information Upload

8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
f Yes r No
8c. What source(s) did you use to make the floodplain determination?*
FEMA National Flood Hazard Layer FIRMette Mapping
Miscellaneous
Comments
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 Acf );
• 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:
Ronnie Dilbeck, PG
Signature
X1111*5 '
Date
7/29/2019

SAMPLE AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. - _ PLAN NO.
PARCEL ID: i e7 i Ly � (o 3
STREET ADDRESS: E o Ct d
1 n "L .3
Please print;
Properly Owner:
LWe -7
Property Owner:
The undersigned, registered property owners of the above noted property, do hereby authorize
of
(Contractor J 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.
Property Owner's Address (if different than property above):
3
Telephone: % Q E 7
36 q—
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
Author ed Signature
}ure
Date: L i�Aolq
Authorized Signature
Date:

US('S U.S. DEPARTMENT OF THE INTERIOR H, HIGHLANDS QUADRANGLE
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Aquatic Resource Map
Wetland Area = 0.34 Acres
Study Boundary = 0.75Acres
UT=213 Feet
I (Unnamed Tributary of Cullasaja
River (Ra venel Lake))
Legend
Wetlands
O blag Nail (F)
A Rebar(F)
A 5/8" Rebar (F)
Iron Pipe (F)
Point (Not Set)
Utility Pole
C/L Center'no
/F Nor or Formerly
npB Deed Book
YG Page
PC Plat Cabinet
SL Slide
R/W Right of Way
(S) Set (F) Found (T) Total
S NTS Not to Scale
Survey Line
Study Boundary
_..—..—..—.._ Wetland Boundary
— — - — Lines Taken From PC 9084 (Not Surveyed)
----- Overhead Utility lines
/0 Bank Sloping & Matting
H -Vane
�JIJ�f Rime
vvvv Planting area A Impacted Wctland
- Preserved Wetland
Area
BANK SLOPING 3:1 �\\
+ �\
Sta. 3
I
Sta. I Loca tion
Bearing
La t. 35.08517
Distance
Long. -083.19084
S 89026'52"
Sta. 2 Location
1.36'
La t. 35.08523
I
S 89°26'52"
Long. -083.19091
21.44'
Sta. 3 Loca tion
S 32013'07"
La t. 35.08534
1
Re we Large
-083.19109
Do ed Treq
Long.
50.54'
L5
(Tree N.T.S.)
\ �Ll L2
5/8"Rehar (F)
� o
w�
Line
Bearing
�Sta. 2: 'v v�
Distance
L1
S 89026'52"
E
1.36'
L2
S 89°26'52"
E
21.44'
L3
S 32013'07"
E
27.25'
L4
S 35°17'20"
E
50.54'
L5
S 37057'3o"
E
49.07'
L6
S 40034'26"
E
51.41'
L7
S 44°18'49" E
42.00'
L8
S 48°56'53"
E
46.87'
L9
S 53021'09"
E
45.71'
L10
S 5505730"
E
80.48'
L11
S 5503032"
E
59.23'
'i.
s
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UT
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v v v v
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Plant Impacted
d'
1 v v v Area
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L9
SCALE 1 " = 50'
25 0 50
Concrete Pad
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Grid North
NAD 83 (2011)
L1I
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Mag Nail (F)

2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
NOTES:
CONTRACTOR SHALL PERFORM ALL
SUBSURFACE AND UTILITY L❑CATI❑NS,
CONTRACTOR IS RESPONSIBLE FOR
VERIFICATI❑N OF EXISTING C❑NDITI❑NS,
❑BSTRUCTI❑NS AND UTILITIES THAT MAY
HINDER PROPOSED WORK,
STREAM ENHANCEMENT EFFORTS SHALL
BEGIN UPSTREAM AND PROCEED
DOWNSTREAM,
ALL HEAVY EQUIPMENT SHALL BE
INSPECTED DAILY FOR LEAKS TO PREVENT
C❑NTAMINATI❑N OF STATE WATERS,
CONTRACTOR IS RESPONSIBLE FOR SAFE
INGRESS AND EGRESS FOR ALL VEHICLES
INCLUDING TRAFFIC ON ADJACENT PUBLIC
ROADS,
CONTRACTOR IS RESPONSIBLE FOR DAMAGES
AS A RESULT OF C❑NSTRUCTI❑N
ACTIVITIES,
ALL EFFORTS SHALL BE TAKEN TO MINIMIZE
SEDIMENTATI❑N DURING C❑NSTRUCTI❑N
ACTIVITIES AND DISTURBED AREAS ARE TO
BE STABILIZED AT THE END OF EACH TASK,
BED MATERIAL FOR RIFFLES SHALL BE
IMPORTED AT THE DIRECTI❑N OF
CREEKST❑NE PERSONNEL, AND SHALL RANGE
FROM SMALL COBBLE TO FINE GRAVEL IN
SIZE,
BOULDERS FOR H–VANES WILL BE SOURCED
AND APPROVED BY CREEKST❑NE PERSONAL,
BANKFULL BENCH ENHANCEMENT SHALL
CONSIST OF LOWERING THE ELEVATI❑N OF
EXISTING BENCH TO BE AT OR BELOW
BANKFULL DEPTH,
CREEKST❑NE PERSONNEL SHALL LOCATE AND
OVERSEE CONSTRUCTION OF ALL PROPOSED
STRUCTURES FINAL PLACEMENT AND
INVERTS WILL BE DETERMINED ❑N–SITE,
PUMP AROUND ❑PERATI❑N SHALL BE
UTILIZED FOR DRY WORKING C❑NDITI❑NS
DURING STRUCTURE PLACEMENT WHEN
PRACTICAL,
Stabilization Criteria - NCG01000
I
Designation
Stabilization
Exceptions
Perimeter dikes,
Wheat or Rye Grain
50
swa les, ditches
Brown Top Millet
20
and slopes
7 days
50
High Quality
Betula nigra
15
Water (HQW l
Fagus
15
Zones
7 days
15
Elderberry
Sa mbucus nigra
If slopes are 10' or
Arisaema triphyllum
5
less in length and
Painted Trillium
Trillium undulatum
not steeper than
Slopes steeper
Bulblet Bladderfern
2:1, 14 days are
that 3:1
7 days
allowed
5
2
7 days for slopes
Slopes 3:1 or
5
greater than 50
flatter
14 days
feetinlength
All other areas tih
None(exceptfor
slopes flatter that
100
perimeters and
4:1
14 days
HWQZones
Temporary Seed Mix
r
0
1/3 1/3 1/3
FILL GAPS
WITH COBBLES
0-1 m
LLJ 0
20'--3(f 20°--39 m
ry ry 0
LL0
w
(D
C) ^� `'� M
w tiz
POOL
H•VANE
PLAN VIEW
Planting Daes
Scientific Name
Seeding Density (lbs/acre)
Jan 1 - May 1
Wheat or Rye Grain
50
May 1- August 15
Brown Top Millet
20
August 15 - December 31
Wheat or Rye Grain
50
Livestakes
NODES POINTED
UPWARD
Common Name
Scientific Name
%Total
Black Willow
Salix nigra
20
Silky Dogwood
Cornus amomum
20
River Birch
Betula nigra
15
Beech
Fagus
15
Yellow Root
iXanthrohiza simplicissiml
15
Elderberry
Sa mbucus nigra
15
Arisaema triphyllum
5
100
MATTING PLACED FLUSH WITH BANK SURFACE
DISPENSE COIR FIBER ROLL PARALLEL WITH STREAMBANK
1' MIN. TOP OF BANK 1' MIN. OVERLAP OVER DOWNSTREAM SEAMS
X12" WOOD STAKES PLACED
IN 3 DIAMOND PATTERN
MATTING ANCHORED 1'
— BELOW EDGE OF WATER
REMOVE ALL DEBRIS
AND SEED/MULCH
BEFORE PLACING MATTING
SHLL
_ BACKFILL WITH BETROLANKANBioDAMAT 70
RIFFLE MATERIAL OR EQUIVALENT
TO EDGE OF WATER t00% COIR FIBER
EROSION CON7M MATTING
SECTION
TOP OF BANK
O O O O O O O
LIVESTAKES--,), O O O O O
Planting Plan
NODES POINTED
UPWARD
18" MIN
Common Name
Scientific Name
Seeding Density (Ibs/ac) %Total
Seedbox
Ludwigia alternifolia
5
5
Fox Sedge
Carex vulpinoidea
5
40
Barnyardgrass
Echinochloa muricata
10
25
Common Rush
Juncus effusus
5
5
Jack in the Pulpit
Arisaema triphyllum
5
5
Painted Trillium
Trillium undulatum
5
5
Bulblet Bladderfern
Cystopteris bulbifera
5
5
Crimsoneyed Rosemel Hibiscus moschedutos
5
2
Swamp Milkweed
Ascelpias incarnata
5
10
Cardinal Flower
Lobelia cardinalis
5
3
100
EDGE OF WATER
LIVE STAKING
PLAN
LIVE STAKE DETAIL
SECTION
-q— FLOW
MIN. 2 NODES R
2' DIAMOND PATTERN
MIN. 3 NODES BELOW GRADE
�.o��NCARply,
SEAL
2250
FROM EDGE OF WATER
NOTES:
1. LIVESTAKES TO BE MIX OF TREES AND SHRUBS
INDICATED BELOW
2. ADVANCE PILOT HOLE THROUGH COBBLE OR HARD SOIL
WHERE PRESENT TO PREVENT DAMAGE TO STAKE
INE STAYING
SECTION
NODES POINTED
UPWARD
18" MIN
LENGTH
1/2" TO 2" THICKNESS
CUT BASE
SAT 45 DEGREE
LIVE STAKE DETAIL
SECTION
-q— FLOW
MIN. 2 NODES R
2' DIAMOND PATTERN
MIN. 3 NODES BELOW GRADE
�.o��NCARply,
SEAL
2250
FROM EDGE OF WATER
NOTES:
1. LIVESTAKES TO BE MIX OF TREES AND SHRUBS
INDICATED BELOW
2. ADVANCE PILOT HOLE THROUGH COBBLE OR HARD SOIL
WHERE PRESENT TO PREVENT DAMAGE TO STAKE
INE STAYING
SECTION

EXISTING GRADE
EROSION CONTROL MATTING
AND LIVE STAKING
DIMENSIONS SHALL BE
FIELD VERIFIED
DURING
CONSTRUCTION WITH
A CREEKSTONE, PLLC
EMPLOYEE.
N
O
0
bk
I—W(th a I )---I
W(bed
TYPICAL RIFFLE • BANK SLOPNG
CROSS SECTION
NTS
W(thal)
PROPOSED GRADE
3;1
EXISTING GRADE
EROSION CONTROL MATTING
AND LIVE STAKING
DIMENSIONS SHALL BE FIELD
VERIFIED DURING CONSTRUCTION
WITH A CREEKSTONE, PLLC
EMPLOYEE.
BANK PROTECTION—
BOTTOM OF—/BED MATERIAL— SEE EROSION CONTROL
SUBGRADE 8 THICK MATTING DETAIL
COBBLE TO BE HARVESTED
RIFFLE• BED MATERIAL OFF—SITE AND APPROVED BY CREEKSTONE
AN EVEN MIX OF SMALL COBBLE TO FINE GRAVEL
SECTION
SEAL
2250

LOPEZ NOV
DETAILS
W(bkf
EXISTING GRADE EXISTING GRADE
0
Q
D
EROSION CONTROL MATTING EROSION CONTROL MATTING
AND LIVE STAKING AND LIVE STAKING
(BRUSH TOE WHERE INDICATED)
L—W(thal�
W(bed
DIMENSIONS SHALL BE FIELD
VERIFIED DURING CONSTRUCTION
WITH A CREEKSTONE, PLLC
EMPLOYEE.
CROSS SECTION
NTS
I Environmental and Geological
Services
sFx
212� - Lopez NOV
132 BLUEBERRY LANE
FRANKLIN, NC 28734
"oglp ll T (828) 2DD-4585
[e-mail]
DATE: 07 12912019 1321

Custom Soil Resource Report
Soil Map
300140 200160 300180 300200 300220 300240 300200 300280 300300 300320 300340 300360 300380
35° 58"N- I - 35° 5'8"N
�i
TwC
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0
r
o
r
0
o
4
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M
Soil MaN may not he valiel at this scale.
35° 5'3..N 35° 53" N
300120 300140 300160 300180 300200 300220 300240 300260 300280 300300 300320 300340 300360 300380
Map Scale: 1:1,240 if printed on A landscape (11" x 8.5") sheet.
Meters
m N 0 15 30 EO 90
Feet
0 50 100 200 300
Map projection: Web Mercator Coner000rdinates: WGS84 Edge tics: UTM Zone 17N WGS84
9

MAP LEGEND
Area of Interest (AOI)
0
Area of Interest (AOI)
Soils
0
Soil Map Unit Polygons
Gravelly Spot
Soil Map Unit Lines
Landfill
Soil Map Unit Points
Special
Point Features
Marsh or swamp
Blowout
Mine or Quarry
Borrow Pit
Custom Soil Resource Report
MAP INFORMATION
Clay Spot
The soil surveys that comprise your AOI were mapped at
Closed Depression
Gravel Pit
Gravelly Spot
0
Landfill
Very Stony Spot
Lava Flow
Warning: Soil Map may not be valid at this scale.
Marsh or swamp
Wet Spot
Mine or Quarry
Miscellaneous Water
Perennial Water
Enlargement of maps beyond the scale of mapping can cause
Rock Outcrop
Other
Saline Spot
misunderstanding of the detail of mapping and accuracy of soil
Sandy Spot
—
Severely Eroded Spot
line placement. The maps do not show the small areas of
Sinkhole
Slide or Slip
oa
Sodic Spot
Custom Soil Resource Report
MAP INFORMATION
10
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Macon County, North Carolina
Survey Area Data: Version 15, Sep 11, 2018
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Feb 6, 2016—Oct 26,
2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Spoil Area
The soil surveys that comprise your AOI were mapped at
1:12,000.
Stony Spot
Very Stony Spot
Warning: Soil Map may not be valid at this scale.
Wet Spot
Enlargement of maps beyond the scale of mapping can cause
Other
misunderstanding of the detail of mapping and accuracy of soil
Special Line Features
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
Water Features
scale.
Streams and Canals
Transportation
Please rely on the bar scale on each map sheet for map
i-"
Rails
measurements.
-0
Interstate Highways
Source of Map: Natural Resources Conservation Service
US Routes
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Major Roads
Local Roads
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
Background
distance and area. A projection that preserves area, such as the
Aerial Photography
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
10
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Macon County, North Carolina
Survey Area Data: Version 15, Sep 11, 2018
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Feb 6, 2016—Oct 26,
2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.

Katie Dean <[e-mail]>
Lopez Property 11205 Buck Creek Road - PJD Request
Brown, David W CIV USARMY CESAW (US) <[e-mail]>Mon, Jul 1, 2019 at 10:15 AM
To: Katie Dean <[e-mail]>
Cc: "[e-mail]" <[e-mail]>, "Mitchell, Robert K" <[e-mail]>, Joe
Allen <[e-mail]>, "[e-mail]" <[e-mail]>
Action ID: 2019-00534
Creek Stone
Franklin, NC 28734
Katie Dean,
The Corps has reviewed the jurisdictional determination (JD) request for the Lopez Property (PIN 7541-62-6326) at
11205 Buck Creek Road in Highlands, Macon County, North Carolina. The coordinates are 35.08481 N, 83.19087 W. The
JD request was submitted per the remedial actions of the notification of unauthorized activity (NoUA) issued by the Corps
on April 22, 2019. The request for the preliminary JD looks good and is complete.
In order to resolve the unauthorized impacts to waters of the U.S. noted in the NoUA the following need to be submitted
to the Corps:
Option 1 - After-the-fact permitting utilizing Nationwide Permit (NWP) 39 for the unauthorized impacts to wetlands and
stream channel. If pursuing this option, the required permit application is to be submitted to the Corps and NC
Department of Environmental Quality - Division of Waters Resources (DWR) by August 9, 2019.
OR
Option 2 - Removal of the fill material and restore the stream and wetlands to pre-existing conditions. If pursuing this
option, you shall submit by August 9, 2019, a stream and wetland restoration plan to this office for review and approval.
The plan must include the removal of the impacts, restoration of the stream channels, and restoration of the stream
banks, buffers, and wetlands if applicable. The plan is to include a proposed schedule with dates that indicate when you
expect to begin and complete the work. Once the plan has been implemented and is complete, a final report documenting
work shall be submitted to the Corps.
Please copy Kevin Mitchell with DWR on your response. If you have any questions please contact me.
Sincerely,
David Brown, PG
Regulatory Specialist/Geologist
USACE Wilmington District-Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
828-271-7980, ext. 4232
[e-mail]
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
hU://www.fws.gov/nc-es/es/count fr
In Reply Refer To:
Consultation Code: 04EN1000-2019-SLI-0305
Event Code: 04EN1000-2019-E-00811
Project Name: Lopez
71.
Fisdi s WIIJJUrV.
14L'][ ,N,pf
t
May 09, 2019
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached 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. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc_counties.html. The AFO website list includes "species of concern" species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
https://www.fws. gov/asheville/htmis/project_ review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant_surve,
Northern long-eared bat Guidance
https://www.fws. gov/asheville/htmis/project_review/NLEB_ in_WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws. gov/asheville/htmis/Maxent/Maxent.httnl

05/09/2019 Event Code: 04EN1000-2019-E-00811
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists 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 ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may be
requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment 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 and on our office's website
at https://www.fws.gov/asheville/htmis/project_review/assessment_guidance.html.
If a Federal agency (or their non-federal representative) 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: http://
www.fws.gov/endangered/esa-libraQL/Vdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 etseq.), and projects affecting these species may require additional consultation (see
Ilps://www.fws.gov/southeast/our-services/Tennits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenerU/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://

05/09/2019 Event Code: 04EN1000-2019-E-00811 3
www.fws. o� r oQ birds/CurrentBirdIssues/Hazards/towers/towers.htm;
http://www.towerkill.com; and http://www.fws. o� r ol3 birds/CurrentBirdIssues/Hazards/
towers/comtow.html.
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 Tracking Number 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
• Migratory Birds
• Wetlands

05/09/2019 Event Code: 04EN1000-2019-E-00811
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

05/09/2019 Event Code: 04EN1000-2019-E-00811
Project Summary
Consultation Code: 04EN1000-2019-SLI-0305
Event Code: 04EN1000-2019-E-00811
Project Name: Lopez
Project Type: DEVELOPMENT
Project Description: This project includes filling in 0.06 Acres of wetland and 100 LF of the
Cullasaja River (Ravenel Lake). The work is already completed and the
applicant is applying for a retroactive Nationwide Permit No. 39. The
proposed work to stabilize the area includes reestablishing the stream
buffer, a planting plan in the impacted wetlands, and stabilizing the stream
banks.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/35.08475450669904N83.1910262550974W
Counties: Macon, NC
K,

05/09/2019 Event Code: 04EN1000-2019-E-00811 3
Endangered Species Act Species
There is a total of 10 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
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
Gray Bat Myotis grisescens
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Indiana Bat Myotis sodalis
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5949
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Fishes
NAME
Spotfin Chub Erimonax monachus
Population: Wherever found, except where listed as an experimental population
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/1521
STATUS
Endangered
Endangered
Threatened
STATUS
Threatened

05/09/2019 Event Code: 04EN1000-2019-E-00811
Clams
NAME STATUS
Appalachian Elktoe Alasmidonta raveneliana Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5039
Littlewing Pearlymussel Pegias fabula Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2572
Flowering Plants
NAME STATUS
Small Whorled Pogonia Isotria medeoloides Threatened
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
Swamp Pink Helonias bullata Threatened
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4333
Virginia Spiraea Spiraea virginiana Threatened
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1728
Lichens
NAME STATUS
Rock Gnome Lichen Gymnoderma lineare Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3933
Critical habitats
HERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
4

05/09/2019
Migratory Birds
Event Code: 04EN1000-2019-E-00811
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Mi rg atony 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 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.
NAME BREEDING SEASON
Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental Oct 10
USA and Alaska.
hLtps://ecos.fws.gov/ecp/species/9399
Black -capped Chickadee Poecile atricapillus practicus Breeds Apr 10 to Jul
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation 31
Regions (BCRs) in the continental USA

05/09/2019 Event Code: 04EN1000-2019-E-00811
NAME BREEDING SEASON
Canada Warbler Cardellina canadensis Breeds May 20 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 10
USA and Alaska.
Cerulean Warbler Dendroica cerulea Breeds Apr 27 to Jul
This is a Bird of Conservation Concern (BCC) throughout its range in the continental 20
USA and Alaska.
https://ecos.fws. og v/ecp/species/2974
Golden -winged Warbler Vermivora chrysoptera Breeds May 1 to Jul
This is a Bird of Conservation Concern (BCC) throughout its range in the continental 20
USA and Alaska.
hLtps://ecos.fws.gov/ecp/species/8745
Prairie Warbler Dendroica discolor Breeds May 1 to Jul
This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31
USA and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 31
USA and Alaska.
Yellow -bellied Sapsucker sphyrapicus varius Breeds May 10 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Jul 15
Regions (BCRs) in the continental USA
https://ecos.fws. og v/ecp/species/8792
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 I Okm grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4 -week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for

05/09/2019 Event Code: 04EN1000-2019-E-00811 3
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 IOkm grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
— probability of presence breeding season I survey effort — no data
SPECIES JAN
FEB MAR APR MAY JUN JUL AUG SEP OCT
NOV DEC
Black -billed
Cuckoo
I 9 1111ilt +—
BCC Rangcwidc (COI)
Black -capped
]III LINChickadee
BCC - BCR
Canad — — —
— --- - --+— —+—+ 11+4- Jill Jill 01-4-1+—+— +—+—
— 4-ide ----
BCCRangWarbler
ew
Cerulean Warbler
—
ILI
BCC Rangcwidc (cor)
0 NONE OMN

05/09/2019 Event Code: 04EN1000-2019-E-00811 4
SPECIES
Golden -winged
Warbler
BCC Rangcwidc (CON)
Prairie Warbler
BCC Rangcwidc (CON)
Wood Thrush
BCC Rangcwidc (CON)
Yellow -bellied
Sapsucker
BCC - BCR
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
. . _ . . . . . --+— —+—+ +++ +++ +— �- 1 1 1 1 1 . _ . .
MEN NENi -4-4--4-4-4-+ -- 11�
— — — — . . . . -- I-- —+—+ 41M OR +4+ +-91 +—+rt 1 . _ . .
____ ___ . __ I _ _+_1 1111 ]111+_+1+_1_ I ._. .
--- . . . . . -- I — — I —+ +��4- �J�� — +­++ +—+—----
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. DhD
• Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
mana e�project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds http://www.fws. og v/mi rg ato , bry irds/pdf/
management/nationwidestandardconservationmeasures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/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 migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
BCC 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 IOkm 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

05/09/2019 Event Code: 04EN1000-2019-E-00811
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 AKN Phenology 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 .
5
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 Birdsug ide. 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

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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
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.

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Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
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