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HomeMy WebLinkAbout20191733 Ver 1_PCN Form Submission_20191217DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial 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?* C Yes r No Change only if needed. BIMS # Assigned * Version#* 20191733 1 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received r $240.00 r Fee needed - send electronic notification IT $570.00 Reviewing Office * Winston-Salem Regional Office - (336) 776- Select Project Reviewer* 9800 Sue Homewood:eads\slhomewood Information for Initial Review 1a. Name of project: Winston Lake 1a. Who is the Primary Contact?* Cindy Lancaster 1b. Primary Contact Email:* CLancaster@ljbine.com Date Submitted 12/17/2019 Nearest Body of Water Winston Lake Basin Yadkin -Pee Dee Water Classification C Site Coordinates Latitude: Longitude: 36.115218-80.201858 A. Processing Information County (or Counties) where the project is located: Forsyth Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W 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? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Primary Contact Phone:* (336)996-9974 1c. Has the NWP or GP number been verified by the Corps? r Yes r- No Nationwide Permit (NWP) Number: 16 - Return Water from Upland NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r 401 Water Quality Certification - E)press r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: r Yes r No For the record onlyfor Corps Permit: r Yes r No 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 1g. 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? r- Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r- No 2. Owner Information 2a. Name(s) on recorded deed: City of Winston-Salem 2b. Deed book and page no.: 2c. Responsible party: Ryan C. Newcomb 2d.Address Street Address 101 N Main Street Address tine 2 aty State / Province / Region Winston-Salem NC Postal / Zip Code Country 27101 USA 2e. Telephone Number: 2f. Fax Number: (336)727-8000 2g. Email Address:* ryancn@cityofws.org 3. Applicant Information (if different from owner) 3a. Name: Cindy Lancaster 3b. Business Name: Jewell-LJB 3c.Address Street Address 311 S. Main Street Address tine 2 Suite A City Kernersville Postal / Zip Code 27284 3d. Telephone Number: (336)996-9974 3f. Email Address:* CLaneaster@ljbine.com 4. Agent/Consultant (if applicable) 4a. Name: Cindy Lancaster 4b. Business Name: Jewell-LJB 4c.Address Street Address 311 S. Main Street Address tine 2 Suite A city Kernersville Postal / Zip (ode 27284 4d. Telephone Number: (336)996-9974 4f. Email Address:* CLaneaster@ljbinc.com Agent Authorization Letter* Agent Authorization Form_2019-12-10_signed.pdf State / Province / I3gion NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 92.54KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: City of Winston-Salem 2. Project Identification 2a. Property Identification Number: 6846-52-1995 2c. Project Address Street Address 2790 New Walkertovm Road Address tine 2 City Winston-Salem Postal / Zip Code 27105 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Winston Lake 2b. Property size: 292.13 State / Province / legion NC Country USA 3b. Water Resources Classification of nearest receiving water:* 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401011304 4. Project Description and History 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:* City park with lake; recreational use 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Figure 1_USGS_Map.pdf 915.07KB 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) Figure 2_Soils_Map.pdf 106.72KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.85 4g. List the total estimated linear feet of all existing streams on the property: 8596 4h. Explain the purpose of the proposed project:* Sediment removal by hydraulic dredging in order to improve recreational fishery, as part of general park improvements. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The City of Winston-Salem owns and maintains Winston Lake within one of its City parks. An aquatic center was constructed in the park in 2018. Additional park improvements in the area of the lake are planned as Phase 2. New and improved replacements of the ebsting picnic shelter, restrooms and dock will be part of the project. As part of the improvements, the City also proposes to have accumulated sediments in upper areas of the lake removed using hydraulic dredging. The removed materials are to be pumped into geotextile tubes set up either on paved areas near the lake or, with the use of an added booster pump, to higher areas up on the City's driving range as shown on the plans. Silt fence and other appropriate erosion control measures will be installed on downgradient sides of the geote:ile storage areas. All drainage from the geotextile tubes will be routed back to the lake in plastic -lined swales or channels, through an ebsting pipe under the road and parking area, and then across an existing swale, which is also to be protected with a liner. The geotextile tubes are to be stored in place for up to 60 days to allow for sufficient drying of the materials. The geotextile tubes on the driving range will be opened and the materials re -graded to the extent necessary to re-establish satisfactory topography. Any materials stored on paved areas will need to be relocated up to the driving range and included in the re -grading effort. The volume of sediment to be removed from the lake is dependent on the contractor unit price bids and the City's project budget. A final grading plan for the driving range will be developed after the sediment quantity is better determined. Erosion control protection measures will remain in place until final grading has been done and adequate vegetative cover is established. 4j. Please upload project drawings for the proposed project. WinstonLakeDredging_Nov11.pdf 8.14MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes Comments: r No 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* r- Yes r No 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? 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 W Open Waters r Pond Construction 4.Open Water Impacts F Buffers 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of wat,rbody 4d. Activity type 4e. Waterbody type 4f. Impact area S1 Sediment Removal T _11 Winston Lake Dredging Lake 8.43 4g. Total temporary open water Impacts: 8.43 4g. Total open water impacts: 8.43 4h. Comments: 4g. Total permanent open water impacts: 0.00 U All water drained from dredged materials is to be returned to the lake via lined conveyances. E. Impact Justification and Mitigation U 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The use of hydraulic dredging avoids the need for drawdown of the lake, and open excavation, transport, and stockpiling of sediments. The project is instead planned such that dredged materials will be pumped into geotextile tubes, facilitating containment of sediments and prevention from release to waters of the U.S. Additionally, silt fence will also be installed as secondary containment, and for erosion control during eventual grading after sediments have dried out. Return of waters drained from the geotextile tubes is to be routed through lined conveyance channels and one pipe. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The overall project timeframe is designed to allow sufficient drying time for the dredged materials to dry out before the geotextile tubes (possibly only a portion of them) will be cut open for sediment transport and/or final grading of the driving range area. 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 f• No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: No wetland impacts. No permanent stream impact. 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: Not in one of the watersheds with Buffer Protection rules 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 3c. Antidegradation Calculations: Comments: No impervious area associated with this project. All water draining into the lake will be water withdrawn from the lake in the hydraulic dreding process. G. Supplementary Information U 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? * r Yes r No Comments:* locally funded park improvements 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 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. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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 5d. Is another Federal agency involved?* r Yes r No r Unknown 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 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? Information for Planning and Consultation (https://ecos.fws.gov/ipac/) Consultation Documentation Upload IPaC_Document.pdf 575.75KB 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?* EFH Mapper NOAA 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?* hftp://gis.nedcr.gov/hpoweb/ 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 8b. If yes, explain how project meets FEMA requirements: Temporary impacts only, no permanent topographical change. 8c. What source(s) did you use to make the floodplain determination?* Flood Risk Information System http://fris.nc.gov/fris/indexaspx?FIPS=001&ST=NC&user=General Public Miscellaneous Comments Miscellaneous attachments not previously requested. u Signature u * R 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: Cynthia C. Lancaster Signature C AN& r, 19&A� Date 12/17/2019 PROPERTY LEGAL DESCRIPTION : LOT NO. 003D BLOCK N0. 3193 PARCEL ID: 6846-52-1995 STREET ADDRESS: 2790 New Walkerton Rd, Winston-Salem, NC Please print: Property Owner: Ci Property Owner: of Winston-Salem The undersigned, registered property owners of the above noted property, do hereby authorize Cynthia Lancaster (Contractor / Agent) of UB, Inc. (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): City of Winston-Salem, P.O. Box 2511, Winston-Salem, NC 27102 Telephone: We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Sian 2yw► C. l�wcor�� C..a;nrec.c,�c� Feld M�nagel C : +.( a� !� � n Sin -- Sc► Ie,� Authorized Signature Date: USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic NamesInformation System, National Hydrography Dataset, National Land Cover Database, National StructuresDataset, and National Transportation Dataset; USGS Global Ecosystems; U.S. Census Bureau TIGER/Linedata; USFS Road Data; Natural Earth Data; U.S. Department of State Humanitarian Information Unit; andNOAA National Centers for Environmental Information, U.S. Coastal Relief Model. Data refreshed August,2019. 200 0 200100 Feet Drawn by: JRLChecked by: CCLDate: Dec 2019 Figure 1. USGS MapsWinston Lake Dredging . W PoF PcF2 CoA FcD2 FfE W FcC2 FaF PpC2 CoA PoD PoC PoC PpC2 PoC . 200 0 200100 Feet Drawn by: JRLChecked by: CCLDate: Dec 2019 Figure 2. Soil Types MapFrom Web Soil SurveyWinston Lake Dredging Legend Soil Types CoA FaF FcC2 FcD2 FfE PcF2 PoC PoD PoF PpC2 W Winston Lake VersionIssue NameDateDR-001DREDGING EXISTING CONDITIONSDATE:PROJECT NUMBER:SHEET TITLE:18 0290SHEET:©2019 Steele Group Architects For ConstructionSTATUS:NSCALE: 1"= 100'0100'200'50'Winston Lake Park Redevelopment - Phase 2 Winston Lake Park Drive Winston-Salem, NC 27105NOTES:1.SEDIMENT DEPTH CONTOURS AND BATHYMETRIC SURVEYDEVELOPED BY FOSTER LAKE AND POND MANAGEMENT, ANDTHE MAPPING NETWORK.2.FIELD SURVEY INFORMATION DEVELOPED BY ALLIEDASSOCIATES, P.A. (VERTICAL DATUM NAVD88).3.LIDAR CONTOURS GENERATED IN ESRI ARCMAP FROM QL2LIDAR DOWNLOADED FROM NC SPATIAL INFORMATION(VERTICAL DATUM NAVD88). VersionIssue NameDateDR-002DREDGING PLAN- ALTERNATIVE #1DATE:PROJECT NUMBER:SHEET TITLE:18 0290SHEET:©2019 Steele Group ArchitectsFor ConstructionSTATUS:NSCALE: 1"= 50'050'100'25'NOTES:1.ESTIMATED SEDIMENT REMOVAL QUANTITY FOR GRADING PLAN #1 IS 10,000 C.Y.2.INTENT OF GRADING PLAN IS TO REMOVE SEDIMENT DELTAS TO ACHIEVE A DEPTH OF ATLEAST FOUR FEET.3.WATER QUALITY CERTIFICATION AND EROSION CONTROL PERMIT FROM NORTH CAROLINADEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRED PRIOR TO COMMENCEMENT OFDREDGING OPERATIONS.4.BATHYMETRIC CONTOURS DEVELOPED BY FOSTER LAKE AND POND MANAGEMENT, AND THEMAPPING NETWORK5.PUMPS AND BOOSTERS TO BE LOCATED WITHIN THE LIMITS OF DISTURBANCE.Winston Lake Park Redevelopment - Phase 2 Winston Lake Park Drive Winston-Salem, NC 27105 VersionIssue NameDateDR-003DREDGING PLAN- ALTERATIVE #2DATE:PROJECT NUMBER:SHEET TITLE:18 0290SHEET:©2019 Steele Group Architects For ConstructionSTATUS:Winston Lake Park Redevelopment - Phase 2 Winston Lake Park Drive Winston-Salem, NC 27105 NSCALE: 1"= 50'050'100'25'NOTES:1.ESTIMATED SEDIMENT REMOVAL QUANTITY FOR GRADING PLAN #2 IS 18,000 C.Y.2.INTENT OF GRADING PLAN IS TO REMOVE SEDIMENT DELTAS AND ESTABLISHTWO DEEP POOLS IN AREAS OF SIGNIFICANT SEDIMENT ACCUMULATION.3.WATER QUALITY CERTIFICATION AND EROSION CONTROL PERMIT FROM NORTHCAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRED PRIOR TOCOMMENCEMENT OF DREDGING OPERATIONS.4.BATHYMETRIC CONTOURS DEVELOPED BY FOSTER LAKE AND POND MANAGEMENT,AND THE MAPPING NETWORK VersionIssue NameDateDR-004DREDGING OPERATIONS ANDTEMPORARY STORAGE AREASDATE:PROJECT NUMBER:SHEET TITLE:18 0290SHEET:©2019 Steele Group ArchitectsFor ConstructionSTATUS:Winston Lake Park Redevelopment - Phase 2 Winston Lake Park Drive Winston-Salem, NC 27105 NSCALE: 1"= 50'050'100'25'NOTES ON USE OF PARKING LOT AREA FOR TEMPORARY STORAGE OF DREDGED MATERIALSTHE AREA OF THE ROAD AND PARKING LOT MARKED WITHIN THE LIMITS OF DISTURBANCE (LOD) ISAVAILABLE TO USE FOR PUMPING OF DREDGED MATERIALS INTO GEOTEXTILE TUBES, SUBJECT TOIMPLEMENTATION OF THE FOLLOWING MEASURES.1.ASPHALT IS TO BE SWEPT CLEAN PRIOR TO PLACEMENT OF TUBES. CONTRACTOR TO DETERMINEWHETHER PLACEMENT OF PLASTIC UNDER TUBES IS WARRANTED FOR PROTECTION AGAINST TEARING.2.CONTRACTOR IS RESPONSIBLE FOR PROTECTION OF FENCE FROM DAMAGES AND WILL BE REQUIRED TOREPLACE FENCING DAMAGED DURING PROJECT.3.SILT FENCE OR OTHER APPROVED BARRIER ALONG EDGE OF ROAD AND PARKING LOT IS REQUIRED TOPROTECT AREAS BETWEEN THE PARKING LOT AND LAKE FROM EROSION. DRAINAGE MAY BE ROUTEDDOWN PAVED "BOAT RAMP" AREAS. THE DISCHARGE SWALE FROM THE 15" RCP MAY ALSO BE USED IFTEMPORARY PLASTIC LINING IS APPROPRIATELY INSTALLED TO PROVIDE PROTECTION FROM EROSION4.PUMPS AND POLYMER ADDITIVE POINTS ARE ALSO TO BE LOCATED WITHIN THE LOD AREA. DISCHARGEHOSES THROUGH AREAS OUTSIDE OF THE LOD ARE TO BE MANUALLY PLACED AND REMOVED.5.THE AREA WITHIN THIS LOD AND LENGTH OF TIME AVAILABLE FOR TEMPORARY STORAGE OF DREDGEDMATERIALS IS SUBJECT TO ADJUSTMENT PENDING WORK SCHEDULE FOR OTHER ELEMENTS OF THEPROJECT.NOTES ON USE OF DRIVING RANGE AREA FOR TEMPORARY STORAGE OF DREDGED MATERIALSTHE AREA MARKED WITHIN THE LIMITS OF DISTURBANCE (LOD) IS AVAILABLE TO USE FOR PUMPING OFDREDGED MATERIALS INTO GEOTEXTILE TUBES, SUBJECT TO IMPLEMENTATION OF THE FOLLOWING MEASURES,OR AN ALTERNATIVE PLAN APPROVED BY THE ENGINEER.1.GEOTEXTILE TUBES ARE TO BE PLACED ONLY IN AN AREA THAT HAS BEEN GRADED FOR A MAXIMUM 1%SLOPE UNDER EACH FILLED TUBE. PLASTIC SHEETING IS REQUIRED UNDER THE TUBES.2.PRIOR TO DREDGING OPERATIONS, A SYSTEM OF BARRIERS, SWALES, AND PROVISION FOR DRAINAGEDOWN THE SLOPE TO AN EXISTING 15” RCP UNDER THE ROAD AND PARKING LOT AT THE LAKE MUST BEINSTALLED. A PERIMETER BERM AND SWALE ALONG THE DOWNGRADIENT SIDES OF THE PROPOSEDTEMPORARY STORAGE AREA, AND/OR AS GRADED TO APPROPRIATELY FACILITATE THE ROUTING OF FLOWSFROM GEOTEXTILE TUBES, IS TO BE INSTALLED USING COIR FIBER WATTLES COVERED IN PLASTIC PERDETAIL. CONTRACTOR MAY PROPOSE AN ALTERNATIVE METHDOLOGY FOR CONTROL OF DEWATERING,SUBJECT TO ENGINEER APPROVAL. PROPOSED LOCATION OF BERM AND SWALE ARE SHOWN. PLASTIC IS TOBE LAID AND OVERLAPPED TO ENSURE THAT DRAINAGE FLOW DOESN'T LIFT THE PLASTIC AND ERODE SOILSBENEATH.3.TEMPORARY STONE CHECK DAMS WILL BE PLACED AT A MINIMUM OF 50-FT INTERVALS ALONG THE BARRIERSWALES.4.AN ABOVE-GRADE CHANNEL, LINED WITH PLASTIC, IS PROPOSED TO BE INSTALLED DOWN THE SLOPE TOTHE 15” RCP. CHANNEL DETAIL IS SHOWN ON SHEET DR-005. IN ORDER TO ESTABLISH GRAVITYFLOW, SOME GRADING THROUGH THE BERM AT THE UPSTREAM END WILL BE REQUIRED. CONTRACTOR MAYALTERNATIVELY CLEAN OUT AND STABILIZE THE FORMER SEDIMENT BASIN AREA, SUBJECT TO ENGINEERAPPROVAL, AND SIPHON FROM THE BASIN DOWN TO THE AREA OF THE 15” RCP INVERT.5.DRAINAGE PATH FROM 15” RCP TO EDGE OF LAKE IS TO BE COVERED WITH PLASTIC DURING DREDGINGOPERATIONS TO PROTECT FROM EROSION. WOOD STAKE, SEEDETAILS4 MIL SHEETPLASTIC (SEE DETAILS)TO BE PLACED OVER WATTLEBEFORE STARTING2'COIR FIBER WATTLEWOOD STAKE, SEEDETAILSSANDBAGSSURFACE FLOW DIRECTION(TYPICAL)FLOW16" MINIMUM 2"COIR FIBER WATTLEWOOD STAKEWOOD STAKE TOONLY PENETRATENETTING, NOT COIRFIBER MATERIALSOIL SURFACEVersionIssue NameDateDR-005DREDGING DETAILSDATE:PROJECT NUMBER:SHEET TITLE:18 0290SHEET:©2019 Steele Group ArchitectsFor ConstructionSTATUS:Winston Lake Park Redevelopment - Phase 2 Winston Lake Park Drive Winston-Salem, NC 27105 December 16, 2019 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/countyfr.html In Reply Refer To: Consultation Code: 04EN1000-2020-SLI-0205 Event Code: 04EN1000-2020-E-00506 Project Name: Winston Lake Dredging 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 12/16/2019 Event Code: 04EN1000-2020-E-00506   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:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; 12/16/2019 Event Code: 04EN1000-2020-E-00506   3    ▪ ▪ ▪ 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 12/16/2019 Event Code: 04EN1000-2020-E-00506   1    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 (828) 258-3939 12/16/2019 Event Code: 04EN1000-2020-E-00506   2    Project Summary Consultation Code:04EN1000-2020-SLI-0205 Event Code:04EN1000-2020-E-00506 Project Name:Winston Lake Dredging Project Type:DREDGE / EXCAVATION Project Description:Sediment removal by hydraulic dredging in order to improve recreational fishery, as part of general park improvement Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/36.11639121449274N80.20026489727776W Counties:Forsyth, NC 12/16/2019 Event Code: 04EN1000-2020-E-00506   3    1. Endangered Species Act Species There is a total of 3 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. 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 Reptiles NAME STATUS Bog Turtle Clemmys muhlenbergii Population: U.S.A. (GA, NC, SC, TN, VA) No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6962 Similarity of Appearance (Threatened) Flowering Plants NAME STATUS Small-anthered Bittercress Cardamine micranthera No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3462 Endangered 1 12/16/2019 Event Code: 04EN1000-2020-E-00506   4    Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 12/16/2019 Event Code: 04EN1000-2020-E-00506   1    1. 2. 3. 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. The Migratory Birds Treaty Act of 1918. The Bald and Golden Eagle Protection Act of 1940. 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 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Breeds Sep 1 to Jul 31 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 1 2 12/16/2019 Event Code: 04EN1000-2020-E-00506   2    1. 2. 3. NAME BREEDING SEASON Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Apr 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 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: 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. 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. 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. 12/16/2019 Event Code: 04EN1000-2020-E-00506   3    ▪ ▪ ▪ no data survey effort breeding season probability of presence 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 Bald Eagle Non-BCC Vulnerable Prairie Warbler BCC Rangewide (CON) Prothonotary Warbler BCC Rangewide (CON) Red-headed Woodpecker 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 12/16/2019 Event Code: 04EN1000-2020-E-00506   4    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? 12/16/2019 Event Code: 04EN1000-2020-E-00506   5    1. 2. 3. 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: "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); "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "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 12/16/2019 Event Code: 04EN1000-2020-E-00506   6    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. 12/16/2019 Event Code: 04EN1000-2020-E-00506   1    ▪ ▪ ▪ ▪ ▪ 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 EMERGENT WETLAND PEM1C FRESHWATER FORESTED/SHRUB WETLAND PSS1A FRESHWATER POND PUBHh RIVERINE R2UBHx R5UBH