20191305 Ver 1_PCN Form Submission_20190927

DR
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#*
20191305
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:
Highlands Retail Development Project
1a. Who is the Primary Contact?*
Michelle Campbell, P.G.
1 b. Primary Contact Email:*
[e-mail]
Date Submitted
9/27/2019
Nearest Body of Water
Big Creek (Randall Lake)
Basin
Little Tennessee
Water Classification
WS -II; Tr, HOW
Site Coordinates
Latitude:
35.087006
A. Processing Information
County (or Counties) where the project is located:
Macon
Is this project a public transportation project?*
r Yes r No
Longitude:
-83.174499
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 waters, 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?
Q Owner W Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
C Yes r- No
2. Owner Information
2a. Name(s) on recorded deed:
Cashier's Road, LLC
2b. Deed book and page no.:
D-37/159
2c. Responsible party:
Mr. Glen Murer
2d. Address
Street Address
PO Box 77088
Address Line 2
City
Atlanta
Pbstal / Zip Code
30357
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Bob Broadway
State / Rwinoe / Region
GA
Country
USA
2f. Fax Number:
r- Yes r No
r- Yes r No

3b. Business Name:
The Broadway Group
3c. Address
Street Address
216 Westside Square
Address Line 2
cfty
Huntsville
Postal / Zip Code
35801
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, NC
2. Project Identification
2a. Property Identification Number:
7551125837
2c. Project Address
Street Address
Cherrywood Drive on U.S. Highway 64 East, PC 8458 Lot 8 PC
Address Line 2
cfty
Highlands
Postal / Zip (ode
28741
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Big Creek (Randall Lake)
3b. Water Resources Classification of nearest receiving water:*
WS -II; Tr, HQW
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
Alabama
Country
USA
3e. Fax Number:
2b. Property size:
2.24
State / Province / legion
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 project site is currently undeveloped and consists a mix of forested, open grassland, and wetland areas.The land uses in the surrounding vicinity include farmland (primarily grating
and hay), undeveloped deciduous and evergreen forest, developed open space, developed medium intensity (mix of single family residences and commercial properties), and open
water (i.e. unnamed tributary to Big Creek and Cold Springs Saddle Club Lake).
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
f Yes F 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)
HIGHLANDS topo.pdf
635.99KB
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)
Soil_Map.pdf 237.92KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.054 acres
4g. List the total estimated linear feet of all existing streams on the property:

415 linear feet
4h. Explain the purpose of the proposed project:*
The purpose of the project is to develop a retail site on the Subject Property while minimizing impacts to wetlands and streams. Regulatory constraints that exist on site are
approximately 415 LF of stream and 0.054 AC of existing wetlands.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed retail development includes a 9,100 square foot building, equipped with paved parking area and driveways. Total impervious cover proposed is approximately 0.72 acres
with a 0.11 acre septic area in southern portion of the site.Proposed total permanent site disturbance is approximately 0.83 acres, including impervious cover and septic area. The retail
development project proposes to impact approximately 131 linear feet of the 415 linear feet of stream on-site. 87 linear feet of the 131 linear feet will be permanent impacts related to a
driveway crossing and/or the two 48" culvert installments (see site plan for explanation). No wetland impacts are proposed. A variety of heavy equipment will be used during the
construction of this project and may include dump trucks, skid steers, track hoes, back hoes, or other equipment.
4j. Please upload project drawings for the proposed project.
Highlands, INC USACOE Layout.pdf 93.13KB
Highlands Site Design Plans rev09-26-19.pdf 6.47MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
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 N/A
Corps AID Number:
SAW -2019-01047
Sc. If Sa is yes, who delineated the jurisdictional areas?
Name (if known): Josselyn Lucas
Agency/Consultant Company: Brushy Fork Environmental Consulting, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
8/21/2019 - David Brown, USACE
Sd1. Jurisdictional determination upload
signed USACE NOTIFICATION OF JD -09162019164930 copy.pdf 5.14MB
Highlands Combined Report _8.22.pdf 4.83MB
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 Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
F Wetlands R Streams -tributaries r Buffers
r Open Waters r Pond Construction
3. Stream Impacts
F
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name *
3e. Stream Type *
3f. Type of
3g. S. width *
3h. Impact
M
Jurisdiction*
length*
fl
Radius Improvement
P
Permanent
Culvert
Unnamed Tributary of Bi
rY 9
Perennial
Both
7
12
Creek
Average (feet)
(linear feet)
fl
Driveway crossing
Permanent
Culvert
Unnamed Tributary of Big
Perennial
Both
7
75
Creek
Average (feet)
(linearfeet)
S3
Stream Disturbance for
Temporary
Other
Unnamed Tributary of Big
Perennial
Both
7
22
Driveway Crossing
Creek
Avarage(feeq
(linear feet)
S4Stream
Disturbance
Other
Unnamed Tributary ofB9
P
Both
7
22
radius improvement
Creek
Ave age (feet)
(lixarfeet)

31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts: 31. Total temporary stream impacts:
87 44
31. Total stream and ditch impacts:
131
3j. Comments:
Impacts are to 131 LF of stream which includes the necessary construction access for the installation of the above culverts (see site plans for
explanation).
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:
Several building footprint locations were considered during the design phase of the project. The final design has the least cumulative impacts to
jurisdictional waters. Retaining walls were moved outside of vegetative setbacks and/or removed all together to prevent unnecessary impacts to
stream buffers and/or wetlands. Finally, several parking spaces were removed from the original plan to minimize impacts from paved parking areas.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All streambank disturbances will be stabilized same day and covered with coir matting and live -staked to reduce sedimentation during construction.
Only well maintained equipment will be used; no leaks will be tolerated. During the installation of culverts a pump -around system will be used to divert
flow around substrate materials and to prevent excess sedimentation. At the end of each day, the banks of the restored channel will be seeded,
strawed, and matted with coconut coir erosion control matting. All equipment will be new and/or in very good
condition to minimize the potential for hydraulic leaks. No disturbance of the wetland will be tolerated. Silt fence will be installed to prevent construction
runoff to enter the streams and/or wetlands. All remaining disturbed areas will be seeded and strawed once construction is complete.
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 impacts to jurisdictional waters are less than the 300 linear foot compensatory mitigation threshold.
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:
Project is not within a NC Riparian Buffer Protection area.
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
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause
degradation of downstream surface waters.*
r Stormwater Management r Antidegradation
Plan Calculations
3b. Stormwater Management Plan
Highlands, NC Stormwater Management Report rev09 26 19.pdf
3c. Antidegradation Calculations:
2.77MB
Comments:
Erosion control fence and stormwater BMPs will be employed to stabilize the portions of the reaches potentially impacted. This project will not have impacts requiring mitigation.
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 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
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.
This is not a phased project and once completed it will not result in any additional development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes C No C 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
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees 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?
BFEC completed the USFW IPaC regulatory review process. BFEC then reviewed specific information for each species on the Raleigh Ecological
Services Field Office page and USFWS fact sheets. No Critical Habitat is located at this site. Habitat requirements are not met for the majority of the
species on the list, due to specific habitat requirements such as high elevation rocky outcrops/summits or spruce fir forest. No known caves or bridges
are located at the project site. No bat maternity roosts are known on site.No known sightings of Spotfin Chub, Appalachian Elktoe, or Littlewing
Pearlymussel have been identified onsite, which is outside the species' critical habitat (if one has been designated).
Consultation Documentation Upload
USF WS_ETSpecies_Report_Hig h la nd s. pdf 740.28KB
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?*
NOAA online essential fish habitat mapper: hftps://wm.habitat.noaa.gov/protection/efh/efhmapper/
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?*

f Yes t: No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC Historic Preservation Office HPOWEB GIS Service. No historic sites are located on the subject property, although historic farms are located nearby
to the east and west of the property. The project Mll not impact historic properties.
7c. Historic or Prehistoric Information Upload
HighlandsSHPPO.pdf 1.53MB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
l' Yes G No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center online mapper
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
FIRMETTE_Highlands.pdf 428.62KB
Signature u
*
P 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:
Michelle Campbell
Signature
iAeol [`�fa0WA41
Date
9/26/2019

AGENT AUTHORIZATION FORM

PROPERTY LEGAL DESCRIPTION:

LOT NO. __N/A_________ PLAN NO. __N/A_______ PARCEL ID: _7551125837
_

STREET ADDRESS: ____35.087006, -83.174499; Junction of U.S. Highway 64 and Cherrywood
Drive, Highlands, NC, Macon County, 28741_____________
Property Owner:
Mr. Glenn Murer - Cashier’s Road, LLC

The undersigned, registered property owners of the above noted property, do hereby authorize
Michelle Campbell_____ _, of _ ARC Environmental, Inc._ __
(Contractor/Agent) (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):

_ P.O. Box 77088, Atlanta, GA, 30357_

Authorized Agent Contact Information:
Attention: Michelle Campbell, P.O. Box 190 Brownsboro, AL 35741

Telephone: [phone]

We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

______________________________________________________________________________
Authorized Signature:

Date: _________________________________________________________________________ 09/11/2019
4 Proposed Location
Copyright (C) 2008, MyTopo
083.1900000° W
083.1900000° W
083.1800000° W
083.1800000° W
083.1700000° W
083.1700000° W
083.1600000° W
083.1600000° W
083.1500000° W
083.1500000° W35.1100000° N35.1100000° N35.1000000° N35.1000000° N35.0900000° N35.0900000° N35.0800000° N35.0800000° N35.0700000° N35.0700000° NSCALE 1:24000
0 1MILE
0 1000 YARDS
0 1 KILOMETER
Declination
MN 5.55° W

MN
Location: 035.0876498° N 083.1715373° WName: HIGHLANDS
Date: 06/28/19
Scale: 1 inch = 2,000 ft.
Copyright (C) 2008, MyTopo
Datum: NAD27
9
Custom Soil Resource Report
Soil Map
388478038848003884820388484038848603884880388490038849203884940388478038848003884820388484038848603884880388490038849203884940301700 301720 301740 301760 301780 301800 301820
301700 301720 301740 301760 301780 301800 301820
35° 5' 16'' N 83° 10' 31'' W35° 5' 16'' N83° 10' 25'' W35° 5' 10'' N
83° 10' 31'' W35° 5' 10'' N
83° 10' 25'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84
0 40 80 160 240
Feet
0 10 20 40 60
Meters
Map Scale: 1:874 if printed on A portrait (8.5" x 11") sheet.
Soil Map may not be valid at this scale.
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:12,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
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.
Custom Soil Resource Report
10
3
4 �
WETLAND AREA 2
(0.029 ACRES)
II
I
I
I
I
` 1
SCALE: 1 " = 80'
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5
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NOTES
1. CENTERLINE OF UNNAMED TRIBUTARY
2. ORDINARY HIGH WATER MARK OF UNNAMED TRIBUTARY
3. 25' UNDISTURBED STREAM BUFFER
4. 30' VEGETATED STREAM BUFFER
5. TEMPORARY SITE DISTURBANCE: 1.31 ACRES
6. PERMANENT SITE DISTURBANCE: 0.72 ACRES IMPERVIOUS;
0.11 ACRES SEPTIC; 0.83 ACRES TOTAL
7. 34 L.F. OF STREAM DISTURBANCE FOR RADIUS IMPROVEMENT;
97 L.F. OF STREAM DISTURBANCE FOR NEW DRIVEWAY CROSSING;
131 L.F. OF STREAM DISTURBANCE TOTAL
8. 12 L.F. OF NEW 48" RCP FOR RADIUS IMPROVEMENT;
75 L.F. OF NEW 48" RCP FOR DRIVEWAY CROSSING
9. UNDERGROUND DETENTION CHAMBERS FOR WATER QUANTITY AND
QUALITY CONTROL.
10. STORMWATER DISCHARGE POINT
11. EXISTING PIPE
12. SEGMENTAL RETAINING WALL
11
WETLAND AREA 1
(0.025 ACRES)
II
I
I
I
I
` 1
SCALE: 1 " = 80'
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5
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NOTES
1. CENTERLINE OF UNNAMED TRIBUTARY
2. ORDINARY HIGH WATER MARK OF UNNAMED TRIBUTARY
3. 25' UNDISTURBED STREAM BUFFER
4. 30' VEGETATED STREAM BUFFER
5. TEMPORARY SITE DISTURBANCE: 1.31 ACRES
6. PERMANENT SITE DISTURBANCE: 0.72 ACRES IMPERVIOUS;
0.11 ACRES SEPTIC; 0.83 ACRES TOTAL
7. 34 L.F. OF STREAM DISTURBANCE FOR RADIUS IMPROVEMENT;
97 L.F. OF STREAM DISTURBANCE FOR NEW DRIVEWAY CROSSING;
131 L.F. OF STREAM DISTURBANCE TOTAL
8. 12 L.F. OF NEW 48" RCP FOR RADIUS IMPROVEMENT;
75 L.F. OF NEW 48" RCP FOR DRIVEWAY CROSSING
9. UNDERGROUND DETENTION CHAMBERS FOR WATER QUANTITY AND
QUALITY CONTROL.
10. STORMWATER DISCHARGE POINT
11. EXISTING PIPE
12. SEGMENTAL RETAINING WALL

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Projec t Site
CASHIERS RD CHERRYWOOD DRCRESCENT TRL
DEER RUN
H
I
D
E
A
WA
Y T
R
L
OLD HEMLOCK CVPHEASANT RUN
COTTAGE LNR A I N T R E E L N
FOX TRL
OLD LOGGING TRLCLAIRE LN LAZY CREEK LNL O W E R C L IF F R D APPLE MOUNTAIN CIRAPPLE MOUNTAIN LN
SUNSET

T
RCECRESCENT CTMA0472 Deare-Dewey House
±0 380 760 1,140 1,520190Feet
Map is not to be construed as surveyed data. All boundaries are approximate GIS data taken from public data sources. BFEC 2019.
Highlands Retail Development Site SHPO Map
Subject Property
Status, LocalStat, HDstatus
""Study List individual entry
"""SL and Landmark
Roads
USGS The National Map: Orthoimagery. Data refreshed April, 2019.
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250Feet
Ü83°10'46.49"W 35°5'25.41"N 83°10'9.03"W 35°4'55.97"N
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOODHAZARD AR EAS
Without Base Flood Elevation (BFE)Zone A, V, A99With BFE or Depth Zone AE, AO, AH, VE, AR
Regulator y Floodway
0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas of less than one square mile Zone X
Future Conditions 1% AnnualChance Flood Hazard Zone XArea with Reduced Flood Risk due toLevee. See Notes.Zone X
Area with Flood Risk due to Levee Zone D
NO SCREE N Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood Hazard Zone D
Channel, Culver t, or Storm SewerLevee, Dike, or Floodwall
Cross Sections with 1% Annual Chance17.5 Water Surface ElevationCoastal Transect
Coastal Transect BaselineProfile BaselineHydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of StudyJurisdiction Boundar y
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards
The flood hazard information is derived directly from theauthoritative NFHL web ser vices provided by FEMA. This mapwas exported on 9/11/2019 at 3:22:17 AM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome superseded by new data over time.
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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-0735
Event Code: 04EN1000-2019-E-01883
Project Name: Highlands Retail Development Project

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
September 10, 2019
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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://
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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-0735
Event Code:04EN1000-2019-E-01883
Project Name:Highlands Retail Development Project
Project Type:** OTHER **
Project Description:The purpose of the project is to develop a retail site on the Subject
Property (2.24 AC) while minimizing impacts to waters of the U.S. This
project proposes a 9100 ft2 permanent retail development, equipped with
parking lot, septic area, driveway, and retaining wall, to be built within
the ±2.24 acre Subject Property. The project site is located approximately
3 miles northeast of Highlands, NC at junction of U.S. Highway 64 and
Cherrywood Drive 28741, (35.087006°, -83.174499°). The entire ±2.24
acre Subject Property was assessed for jurisdictional features. Two (2)
streams (~415 LF) were delineated. The streams are referred to as
unnamed tributary (UT 1, 256 LF) and unnamed tributary 2 (UT 2, 159
LF). Two (2) wetlands (~0.054 AC) were delineated within the
northwestern portion of the development site. The entirety of UT 1, UT 2,
and the peripheral wetlands drain into Big Creek which then flow
southwest into the Cullasaja River. Regulatory constraints that exist on
site are approximately 415 LF of stream and 0.054 AC of existing
wetlands. Approximately 131 linear feet of stream disturbance is
proposed. Temporary disturbance and permanent construction will not
disturb current wetland areas. No construction will occur during the
months of October through April to deter stream impacts on trout.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.087033030717436N83.1746558999036W
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Counties:Macon, NC
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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
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
Gray Bat Myotis grisescens
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Endangered
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
Endangered
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
Fishes
NAME STATUS
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
Threatened
1
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Clams
NAME STATUS
Appalachian Elktoe Alasmidonta raveneliana
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5039
Endangered
Littlewing Pearlymussel Pegias fabula
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2572
Endangered
Flowering Plants
NAME STATUS
Small Whorled Pogonia Isotria medeoloides
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
Threatened
Swamp Pink Helonias bullata
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4333
Threatened
Virginia Spiraea Spiraea virginiana
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1728
Threatened
Lichens
NAME STATUS
Rock Gnome Lichen Gymnoderma lineare
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3933
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
Black-billed Cuckoo Coccyzus erythropthalmus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
https://ecos.fws.gov/ecp/species/9399
Breeds May 15 to
Oct 10
Black-capped Chickadee Poecile atricapillus practicus
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation
Regions (BCRs) in the continental USA
Breeds Apr 10 to Jul
31
1
2
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NAME BREEDING SEASON
Canada Warbler Cardellina canadensis
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
Breeds May 20 to
Aug 10
Cerulean Warbler Dendroica cerulea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
https://ecos.fws.gov/ecp/species/2974
Breeds Apr 27 to Jul
20
Golden-winged Warbler Vermivora chrysoptera
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
https://ecos.fws.gov/ecp/species/8745
Breeds May 1 to Jul
20
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
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
Yellow-bellied Sapsucker sphyrapicus varius
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation
Regions (BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/8792
Breeds May 10 to
Jul 15
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
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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 ()
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
Black-billed
Cuckoo
BCC Rangewide (CON)
Black-capped
Chickadee
BCC - BCR
Canada Warbler
BCC Rangewide (CON)
Cerulean Warbler
BCC Rangewide (CON)
no data survey effort breeding season probability of presence
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SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Golden-winged
Warbler
BCC Rangewide (CON)
Prairie Warbler
BCC Rangewide (CON)
Wood Thrush
BCC Rangewide (CON)
Yellow-bellied
Sapsucker
BCC - BCR
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
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
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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
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
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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.
THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.