20010210 Ver 2_PCN Form Submission_20190830

DWR
MOM— of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
tial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Oiange only if needed.
BIMS # Assigned
20010210
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Broadstone Ayrsley
1a. Who is the Primary Contact?*
Jennifer Burdette
1b. Primary Contact Email:*
[e-mail]
Date Submitted
8/30/2019
Nearest Body of Water
Coffey Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Version# *
2
What amout is owed?*
r• $240.00
* $570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
1c. Primary Contact Phone:*
[phone]
Latitude: Longitude:
35.132379 -80.932233
FA. Processing Information U
County (or Counties) where the project is located:
Mecklenburg
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
rJ Nationwide Permit (NWP)
F- Regional General Permit (RGP)
F Standard (IP)

1c. Has the NWP or GP number been verified by the Corps?
C Yes r No
Nationwide Permit (NWP) Number:
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
,R 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
29 - Residential Developments
18 - Minor Discharges
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:
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes C No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
C Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
ALL19000_AyrsleyDMSacceptance_Revised. pdf
1h. Is the project located in any of NC's twenty coastal counties?
r Yes C No
1j. Is the project located in a designated trout watershed?
O Yes C No
B. Applicant Information
1d. Who is applying for the permit?
F- Owner W Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
B. Y. Holding, LLC
2b. Deed book and page no.:
11247-703
2c. Responsible party:
Thomas B. Henson, Manager
2d. Address
Street Address
2131 Ayrsley Town Boulevard, Ste 300
Address Line 2
City
Charlotte
Festal / Zip Cade
28273
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
r Yes R No
rYes CNo
86.72KB
State / Province / Fbgim
NC
Country
USA
2f. Fax Number:

3a. Name:
Donald Santos, Vice President
3b. Business Name:
Alliance Realty Partners, LLC - POC: Matt Murphy
3c.Address
Street Address
200 Providence Road, Ste 250
Address Line 2
City
Charlotte
Fbstal / Zip Code
28207
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Charlotte
2. Project Identification
2a. Property Identification Number:
20309139
2c. Project Address
Street Address
Silver Crescent Drive
Address Line 2
City
Charlotte
postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Coffey Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12 -digit HUC in which the project is located.
030501030103
4. Project Description and History
State / Rovince / ftion
NC
Country
USA
3e. Fax Number:
2b. Property size:
22
State / Rovince / Fbgion
NC
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 southwest portion of property was cleared and graded in late 2006 or early 2007, based on GoogleEarth historical imagery. A stormwater pond and a roadbed that bisects the site
between Bonner Bridge Road and Continental Boulevard were installed at that time. The project was abandoned before further infrastructure was installed. The portion of the site
southwest of the roadbed now consists of the stormvrater pond and scrub -shrub vegetation. The portion of the site northeast of the roadbed is forested except for a sanitary sewer
easement that runs roughly parallel to the northeast project boundary. General land use in the vicinity of the project consists of high-density mixed used development and commercial
properties interspersed with small patches of forested areas.
Figure 1 depicts the location of the property on the US Geological Survey (USGS) Charlotte West, NC 7.5 -minute quadrangle topographic map. Figure 2B shows the location of the site
on a NRCS Web Soil Survey map.
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
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000).
U

In 2001, the USACE issued Nationwide Permits 14 and 39 (SAW -2001-30330 and SAW -2001-30510) to construct the Ayrsley mixed-use development on an approximately 124 -acre
tract located south of the NC 49/1-485 intersection and north of Pioneer Avenue. DWR issued a written approval of General 401 Water Quality Certification Numbers 3287 and 3289
(#01-0210) in early 2002. These approvals authorized impacts to 287 linear feet of "important" stream impact for two road crossings (N. Kings Parade Boulevard and Silver Crescent
Drive) and 2,863 linear feet of impacts to streams with "unimportant" aquatic function and 0.01 acre of wetland impact to construct the development and associated stormwater pond.
One road crossing was proposed to be completed via a bridge or arch culvert (Silver Crescent Drive). The total area of jurisdictional impacts (stream channels + wetland) totaled 0.23
acre. Copies of these approvals and the impact map from the project application are attached for reference.
Impact #5 as shown on the attached impact map was not completed thereby reducing the project impacts to "unimportant" streams by approximately 269 linear feet and changing the
"unimportant' stream impacts total to 2,594 linear feet and the total jurisdictional impacts to 0.22 acre. It is also important to note that the proposed Silver Crescent Drive crossing via
bridge or arch culvert was also not constructed, and the culvert was installed for Silver Crescent Drive, but the road was not constructed. The proposed project is located on a 14 -acre
undeveloped portion of the previous project located immediate north of Pioneer Avenue.
Project History Upload
ALL 19000_Ayrsley_Previo us Pe rmits. pdf
ALL 19000_Ayrsley_lmpactMap_2001. pdf
255.96KB
180.58KB
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)
ALL19000_Figure 1 USGS.pdf
1.93MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
ALL19000_Figure 2B Web Soil Survey. pdf 2.1 MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.65
4g. List the total estimated linear feet of all existing streams on the property:
1,270
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a multi -family apartment community to serve the existing and future residents of Charlotte.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project consists of four multi -family apartment buildings with approximately 319 residential units along with associated parking, amenities, a stormwater control measure and utilities.
To this end, the previously proposed Silver Crescent Drive crossing within the existing development will be constructed using an arch culvert, and the continuation of Silver Crescent
Drive will be constructed over the incomplete culvert crossing.
Streambank and wetland impacts are necessary to accomplish the proposed development. Wetland impacts are required to completed the unimproved Silver Crescent Drive and to
accomplish the grading to construct the stormwater control measure. The streambank under the arch culvert will be stabilized to maintain the channel dimension.
Typical construction equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers.
4j. Please upload project drawings for the proposed project.
Ayrsley - Vicinity Map.pdf 237.19KB
Ayrsley - Impact Exhibits 11x17.pdf 780.25KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
Comments:
A Preliminary Jurisdictional Determination (PJD) request was submitted on July 23, 2019, but a field
visit has not yet been scheduled. Please note that the applicant plans to purchase 14 of the 22
acres for this development but has not made a decision about purchasing the remaining acreage.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW -2019-01556
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kelly Roth
Agency/Consultant Company: McAdams Company
Other:
5d1. Jurisdictional determination upload
ALL19000_Figure 4 Delineation Map.pdf
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
486.91 KB
r Unknown
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?
As described above, the previously proposed Silver Crescent Drive crossing within the existing development will be constructed using an arch culvert.

[Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries
F Open Waters r Pond Construction
2. Wetland Impacts
r Buffers
v
2g. Total Temporary Wetland Impact
0.042
2g. Total Wetland Impact
0.105
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.063
❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact * r�i name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact
(?) Jurisdiction* length*
Arch culvert crossing Permanent Bank Stabilization Eo
Coffe Creek Perennial::] Both T;;;;I�:] S1 9y
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
65
3i. Total stream and ditch impacts:
65
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The applicant requested a delineation of surface waters and wetlands prior to designing a site plan to avoid and minimize impacts to these resources
to the mabmum extent practicable. An arch culvert is being utilized to minimize the impact to the stream channel to accomplish the crossing of Silver
Crescent Drive.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A Sediment and Erosion Control Plan will be developed and approved by City of Charlotte, and the project will comply with the supplementary NPDES
Construction Stormwater Permit (NCG010000).
Riprap stabilization is proposed under the arch culvert to maintain the stream channel's dimension and aquatic life passage
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
2c. If yes, mitigation is required by (check all that apply):
v
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W. *
2d. W. name *
2e. Forested*
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
W1
Road Crossing
P
Bottomland Hardwood Forest
W1
Yes
Both
0.040
(acres)
W2
SW Pond Grading
P
Bottomland Hardwood Forest
W1
Yes
Both
0.023
(acres)
W3
SW Outlet Construction
T
Bottomland Hardwood Forest
W1
Yes
Both
0.023
Access
(acres)
W4
Road Crossing
T
Bottomland HardwoodForest
WI
Yes
Both
0.019
Construction Access
(acres)
2g. Total Temporary Wetland Impact
0.042
2g. Total Wetland Impact
0.105
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.063
❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact * r�i name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact
(?) Jurisdiction* length*
Arch culvert crossing Permanent Bank Stabilization Eo
Coffe Creek Perennial::] Both T;;;;I�:] S1 9y
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
65
3i. Total stream and ditch impacts:
65
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The applicant requested a delineation of surface waters and wetlands prior to designing a site plan to avoid and minimize impacts to these resources
to the mabmum extent practicable. An arch culvert is being utilized to minimize the impact to the stream channel to accomplish the crossing of Silver
Crescent Drive.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A Sediment and Erosion Control Plan will be developed and approved by City of Charlotte, and the project will comply with the supplementary NPDES
Construction Stormwater Permit (NCG010000).
Riprap stabilization is proposed under the arch culvert to maintain the stream channel's dimension and aquatic life passage
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
2c. If yes, mitigation is required by (check all that apply):
v

F DWR
P Corps
2d. If yes, which mitigation option(s) will be used for this project?
F Mitigation bank W Payment to in -lieu fee r- Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
r Yes r No
4b. Stream mitigation requested:
(linear feet)
65
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
0.25
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
A ratio of 0.5 to 1 is proposed to mitigate the impact to the stream from the arch culvert and bank stabilization. Because mitigation is not available in
the watershed, an additional ratio of 2 to 1 must be applied for a total of 65 linear feet of stream mitigation required. A 2 to 1 mitigation ratio is
proposed to mitigate the permanent wetland impact. Because mitigation is not available in the watershed, an additional ratio of 2 to 1 must be applied
for a total of 0.25 acre of wetland mitigation required.
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 one of the NC Riparian Buffer Protection Rule areas.
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)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
2d. Which of the following stormwater management program(s) apply:
j7 Local Government r State
Local Government Stormwater Programs
V Phase II r NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
Charlotte
Comments:
Although the project is located in Charlotte's jurisdiction, the project is grandfathered from post -construction storm inter requirements. Therefore, the attached Stormwater Impact
Analysis and Construction Drawings provide the stormwater management plan proposed for the project to protect downstream water quality. The plan consists of a stormwater wetland
to treat stormwater runoff from the proposed impervious areas of the project.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r' Yes
G 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

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.
Broadstone Ayrsley is a multi -family residential community that is not anticipated to result in additional development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
The project will be connected to the City of Charlotte sanitary sewer system.
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?*
f• 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
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
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.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
On July 9, 2019, McAdams requested a species list from US Fish and Wildlife (USFWS) and potential occurrences information from the NC Natural
Heritage Program (NC NHP) for the project area. USFWS identified the following protected species that may occur within the boundary of the proposed
project and/or affected by the proposed project: Northern Long-eared Bat (Myotis septentrionalis) — T, Carolina Heelsplitter (Lasmigona decorata) — E,
Michau 's Sumac (Rhus michauxii) — E, Schweinitts Sunflower (Helianthus schweinitai) — E and Smooth Coneflower (Echinacea laevigata) — E. NC
NHP reported that there were no element occurrences of these species within one mile of the project area.
The project occurs in location where any incidental take of Northern Long-eared Bat would be exempt under its 4(d) rule. On August 16, 2019, Bryon
Hamstead indicated that a survey was not required for Carolina heelsplitter. Suitable habitat for Michau (s Sumac, Schweinit2s Sunflower and Smooth
Coneflower is not present within the proposed project area. NC NHP did not identify bald eagle nests within the project area or within 660 feet of the
project area. Therefore, the project is unlikely to disturb nesting bald eagles, and no Eagle Act permit is required.
Consultation Documentation Upload
ALL19000_Ayrsley_Species List_ Asheville_2019-07-09.pdf 589.51 KB
ALL19000_Ayrsley_NHP_2019-07-09.pdf 1.15MB
ALL19000_Ayrsley_USFWSEmail.pdf 1006.27KB
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?*
The Essential Fish Habitat (EFH) Mapper (http://www.habitat.noaa.gov/protection/efh/efhmapper/) was accessed to determine that the project will not
impact Essential Fish 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?*

An environmental review request was submitted to SHPO on July 29, 2019. Their response will be forwarded upon receipt.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA designated 100 -year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
FEMA FIRM Map Number 3710452000K, effective 9/2/2015
Miscellaneous
Comments
The existing Silver Crescent Drive culvert crossing is perched above the stream bed approximately 4 inches on the upstream side of the culvert and 6 inches on the downstream end of
the culvert. McAdams is currently working on a culvert modification plan to restore aquatic life passage to this existing culvert crossing.
Miscellaneous attachments not previously requested.
Signature
*
W 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:
Jennifer Burdette
Signature
CY�� ffllh�tz"z'ra
Date
8/30/2019

ROY COOPER
Governor
MICHAEL S. REGAN
Seaexary
TIM BAUMGARTNER
Director
Matt Murphy
Alliance Realty Partners, LLC
200 Providence Road, Suite 250
Charlotte, NC 28207
Project: Broadstone Ayrsley
NORTH CAROLINA
Envkw mentat Quality
August 1, 2019
Expiration of Acceptance: 1/26/2020
County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location Impact Type Impact Quantity
(8 -dig it HUC
Catawba 03050103 Riparian Riverine 0.25
Catawba 03050103 Warm Stream 100
''DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement.
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B.0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc: Jennifer Burdette, agent
D_ E
Sincerely,
James. B Stanfill
Asset Management Supervisor
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27619-1652
919.707.8976

WADA S AGENT AUTHORIZATION FORM
„Cur
A Blanks To Be Fie In By Therent Property Owner , „ ___...._._.
PIN(s):
20309139
Name:
B. Y. Holdings LLC
Address:
2131 Ayrsley Town Boulevard, Suite 300, Charlotte, NC 28273
Phone/Email:
Project Name:
Broadstone Ayrsley
Project Number:
ALL -19000
Project Manager:
Jennifer Burdette/Brandon Plunkett
Attn: David Shaeffer
US Army Corps of Engineers
Asheville Reguiatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5000
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
Attn: Karen Higgins
NC Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
I hereby designate and authorize The John R. McAdams Company, Inc. to act in my behalf as my agent in the
processing of permit applications, to furnish upon request supplemental information in support of applications, etc,
from this day forward.
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize
representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources
to enter upon the property herein described for the purpose of conducting on-site investigation and issuing a
determination associated with Water of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water
Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to
enter the property when accompanied by The John R. McAdams Company, Inc. staff.
MQRn,4S 6 -A 4 red
Print Property Owner Name & Title
m
Signature
Date
creating experiences through experience 2905 Meridian Parkway, Durham, NC 1919. 361.5000

J MCADAM S AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Contract Purchaser
Project Area PIN(s):
20309139
Name:
Alliance Realty Partners, LLC; POC - Matt Murphy
Address:
200 Providence Road, Suite 250, Charlotte, NC 28207
Phone/Email:
704-728-9706; [e-mail]
Project Name:
Broadstone Ayrsley
Project Number:
ALL -19000
Project Manager:
Jennifer Burdette/Brandon Plunkett
Attn: David Shaeffer
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
Attn: Karen Higgins
NC Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
I hereby designate and authorize The John R. McAdams Company, Inc. to act in my behalf as my agent in the
processing of permit applications, to furnish upon request supplemental information in support of applications, etc.
from this day forward.
I, the undersigned, a duly authorized contract purchaser of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water
Resources to enter upon the property herein described for the purpose of conducting on-site investigation and
issuing a determination associated with Water of the U.S. subject to Federal jurisdiction under Section 404 of the
Clean Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer
Rules.
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to
enter the property when accompanied by The John R. McAdams Company, Inc. staff.
Donald Santos, Vice President
Print Contractor Purchaser Name & Title
Signature
-7/
�Z
Da e
creating experiences through experience 2905 Meridian Parkway, Durham, NC / 919. 361. 5000

0 2,0001,000 Feet1 inch = 2,000 feet
$
FIGURE 1. USGS TOPOGRAPHIC VICINITY MAPBROADSTONE AYRSLEY - MULTI-FAMILY DEVELOPM ENTCHARLOTTE, MECKLENBURG COUNTY, NC
NOTES:1. USGS; 7.5 MINUTE, QUAD, "CHARLOTTE WEST", NORTH CAROLINA; 20162. LAT: 35.132379, LONG: -80.932233
5/31/2019
rothALL-19000DATE:JOB NO:DRAWN BY:
Y:\Projects\ALL\ALL-19000\Storm\Wetlands\GIS\ALL19000_Figure 1 USGS.mxd, 5/31/2019 3:21:52 PM, roth
PROJECT AREA
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0 250125Feet1 inch = 250 feet
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FIGURE 2B. WEB SOIL SURVEYBROADSTONE AYRSLEY - MULTI-FAMILY DEVELOPM ENTCHARLOTTE, MECKLENBURG COUNTY, NC
NOTES:1. NRCS; WEB SOIL SURVEY; VERSION 5, 16 DEC 20132. LAT: 35.132379, LONG: -80.932233
Y:\Projects\ALL\ALL-19000\Storm\Wetlands\GIS\ALL19000_Figure 2B Web Soil Survey.mxd, 4/29/2019 11:56:19 AM, roth
4/29/2019
rothALL-19000DATE:JOB NO:DRAWN BY:
1VERSION:
Map Unit Symbol Map Unit Name Acres Percent of Project AreaMeBMecklenburg fine sandy loam, 2 to 8 percent slopes 4.420 20.4%MeD Mecklenburg fine sandy loam, 8 to 15 percent slope s 16.290 75.1%MO Monacan loam, 0 to 2 percent slopes, frequently flooded 0.407 1.9%Ur Urban land 0.256 1.2%WkD wilkes l oam, 8 to 15 percent slopes 0.324 1.5%21.697 100.0%
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FIGURE 4. JURISDICTIONAL AND ISOLATED WATERS DELINEATION MAPBROADSTONE AYRSLEY - MULTI-FAMILY DEVELOPMENTCHARLOTTE, MECKLENBURG COUNTY, NC 6/24/2019
rothALL-19000DATE:JOB NO:DRAWN BY:
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■ ■■■
•� NC DEPARTMENT OF
■■L■■ NATURAL AND CULTURAL RESOURCE=S
IN won
July 9, 2019
Jennifer Burdette
John R. McAdams
2905 Meridian Parkway
Durham, NC 27713
RE. Ayrsley Broadstone, ALL -19000
Dear Jennifer Burdette.
Roy Cooper. Governor
Susi Hamilton, Secretary
Walter Clark, Director, Land and Water Stewardship
NCNHDE-9580
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence, the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodnev.butlerWncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES
121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER, RALEIGH. NC 27699
& OFC 919.707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Ayrsley Broadstone
Project No. ALL -19000
July 9, 2019
NCNHDE-9580
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic
EO ID
Scientific Name
Common Name
A?
Group
Observation
Date i
Freshwater
13485
Lasmigona decorata
Carolina Heelsplitter
1918 -Pre
Bivalve
Natural
18063
Mixed Moisture
---
2010
Community
Hardpan Forest
Natural
11894
Upland Depression
---
2003-09-16
Community
Swamp Forest
Vascular Plant
4103
Acmispon helleri
Carolina Birdfoot-
1994-05-31
trefoil
Vascular Plant 13743 Delphinium exaltatum Tall Larkspur
Element Accuracy Federal State
Occurrence Status Status
Rank i 111
X 3 -Medium Endangered Endangered
B
3 -Medium ---
A
3 -Medium ---
A?
3 -Medium ---
1800s Hi?
Natural Areas Documented Within a One -mile Radius of the Project Area
Representational Rating
Whitehall Nature Preserve R1 (Exceptional)
5 -Very
Low
Collective Rating
C4 (Moderate)
Special
Concern
Vulnerable
Endangered
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner Owner Ty
NEIrr—
NC Department of Transportation Mitigation Site NC Department of Transportation State
Mecklenburg County Open Space Mecklenburg County Local Government
Catawba Lands Conservancy Whitehall Nature Catawba Lands Conservancy Private
Preserve
Global State
Rank Rank
G1 S1
G2? S2
G2G3 S2S3
G5T3 S3
G3 S2
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/hely). Data query generated on July 9, 2019; source: NCNHP, Q2 Apr 2019. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

NCNHDE-9580: Ayrsley Broadstone
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Page 3 of 3
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Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community

1
Burdette, Jennifer
From:Hamstead, Byron <[e-mail]>
Sent:Friday, August 16, 2019 8:27 AM
To:Burdette, Jennifer
Subject:Re: [EXTERNAL] Broadstone Ayrsley
Sorry for the delay Jennifer - its been crazy the past few weeks.

No heelsplitter surveys needed. Stream looks a bit too small. Moreover, Sugar creek has only historic records, as you
mentioned, despite survey efforts in recent decades.

Some thoughts/advice for future projects:
Villosa vaughniana often occurs with carolina heelsplitter and is a pretty good indicator of suitable habitat. Villosa
delumbis, V. constricta and Elliptio spp may be somewhat weaker predictors of heelsplitter occurrences.

The presence of invasive asian clams (Corbicula fluminea), can also indicate potential habitat for unionid mussels.

Please let me know if you have any other q's.

Regards,
B

Byron Hamstead
Fish and Wildlife Biologist
USFWS Asheville Field Office
160 Zillicoa St., Suite B
Asheville, NC, 28801

828-258-3939 ext. 42225

This email correspondence an any attachments to and from this sender is subject to the Freedom of Information Act and
may be disclosed to third parties.

On Mon, Jul 15, 2019 at 3:31 PM Burdette, Jennifer <[e-mail]> wrote:
Byron,

We are working on a permit application for a parcel adjoining the existing Ayrsley development. A USGS and
aerial map of the project area are attached for your reference. Construction of a road across an existing
culvert that was permitting back in 2002 will be necessary to construct a multi-family development on the
parcel. The stream is a perennial tributary of Coffey Creek (within 1 mile of the project), which NHP
2
identified as the location of historical occurrence of the Carolina heelsplitter. We did not observe any mussel
shells in the project area, and photographs of the stream channel are provided below. We request your
guidance as to whether a survey for the heelsplitter is necessary for this project.

Thanks,
Jennifer

Upstream of the existing culvert looking upstream

Downstream of the existing culvert looking upstream
3

Jennifer Burdette | Sr. Environmental Consultant, Water Resources

McAdams
2905 Meridian Parkway, Durham, NC 27713
office 919. 361. 5000 x137 | direct 919. 287. 0743 | cell 919. 422. 3605 | [e-mail]
www.mcadamsco.com | linkedin | twitter | instagram | join our team

4

We’ve been creating experiences through experience for 40 years!

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]
http://www.fws.gov/nc-es/es/countyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2019-SLI-0443
Event Code: 04EN1000-2019-E-01137
Project Name: Arsley Broadstone

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/htmls/project_review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant_survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html
July 09, 2019
07/09/2019 Event Code: 04EN1000-2019-E-01137   2

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/htmls/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-library/pdf/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 et seq.), and projects affecting these species may require additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) 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://
07/09/2019 Event Code: 04EN1000-2019-E-01137   3

www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;
http://www.towerkill.com; and http://www.fws.gov/migratorybirds/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
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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]
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Project Summary
Consultation Code:04EN1000-2019-SLI-0443
Event Code:04EN1000-2019-E-01137
Project Name:Arsley Broadstone
Project Type:DEVELOPMENT
Project Description:The 22-acre project area is located on the north side of Pioneer Avenue
between Silver Crescent Drive and Rachelwood Drive in Charlotte,
Mecklenburg County, North Carolina. . The southwest portion of property
was cleared and graded in late 2006 or early 2007, based on GoogleEarth
historical imagery. A stormwater pond and a roadbed that bisects the site
between Bonner Bridge Road and Continental Boulevard were installed at
that time. The project was abandoned before further infrastructure was
installed. The portion of the site southwest of the roadbed now consists of
the stormwater pond and scrub-shrub vegetation. The portion of the site
northeast of the roadbed is forested except for a sanitary sewer easement
that runs roughly parallel to the northeast project boundary. A multi-
family apartment community is planned for 14 acres of the site.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.133494210366756N80.93156115901672W
Counties:Mecklenburg, NC
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Endangered Species Act Species
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Threatened
Clams
NAME STATUS
Carolina Heelsplitter Lasmigona decorata
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/3534
Endangered
1
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Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Endangered
Schweinitz's Sunflower Helianthus schweinitzii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3849
Endangered
Smooth Coneflower Echinacea laevigata
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3473
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
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Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act .
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1.The Migratory Birds Treaty Act of 1918.
2.The Bald and Golden Eagle Protection Act of 1940.
3.50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to 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
Blue-winged Warbler Vermivora pinus
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation
Regions (BCRs) in the continental USA
Breeds May 1 to Jun
30
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
Breeds May 1 to Jul
31
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
Breeds May 10 to
Sep 10
1
2
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NAME BREEDING SEASON
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
Breeds elsewhere
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
Breeds May 10 to
Aug 31
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ “Proper Interpretation and Use of Your Migratory Bird Report” before using or attempting
to interpret this report.
Probability of Presence ()
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1.The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2.To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3.The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season ()
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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 ()
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data ()
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Blue-winged
Warbler
BCC - BCR
Prairie Warbler
BCC Rangewide (CON)
Red-headed
Woodpecker
BCC Rangewide (CON)
Rusty Blackbird
BCC Rangewide (CON)
Wood Thrush
BCC Rangewide (CON)
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 http://www.fws.gov/migratorybirds/pdf/
management/nationwidestandardconservationmeasures.pdf
no data survey effort breeding season probability of presence
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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 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 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 .
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
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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.
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
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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.
FRESHWATER FORESTED/SHRUB WETLAND
▪PFO1Ch
▪PFO1A
FRESHWATER POND
▪PUBHh
RIVERINE
▪R5UBH