20200620 Ver 1_401 Application_20200508

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
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?*
G Yes r No
Change only if needed.
BIMS # Assigned
20200620
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Sue Homewood:eads\slhomewood
Information for Initial Review
1a. Name of project:
COURTESY COPY - Industrial Park Dr. Sewer Emergency Repair
1a. Who is the Primary Contact?*
Msiang-Yu Chou-Hoofman
1b. Primary Contact Email:*
[e-mail]
Date Submitted
5/8/2020
Nearest Body of Water
West Fork Deep River
Basin
Cape Fear
Water Classification
WS-N:*
Site Coordinates
Latitude: Longitude:
36.102708-80.049028
A. Processing Information
County (or Counties) where the project is located:
Forsyth
Is this a NCDMS Project
r Yes r No
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)
Version#*
1
Reviewing Office*
Winston-Salem Regional Office - (336) 776-
9800
1c. Primary Contact Phone:*
[phone]
U
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. 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:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
13 - Bank Stabilization
le. Is this notification solely for 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 - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes f• 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:
Winston-Salem/Forsyth County Utilities
2b. Deed book and page no.:
2c. Responsible party:
Msiang-Yu Chou-Hoofman
2d.Address
Street Address
101 North Main St
Address Line 2
city
Winston-Salem
Postal / Zip Code
27101
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / Rovince / Region
NC
Country
United States
2f. Fax Number:
r Yes r No
r Yes r No
3. Applicant Information (if different from owner)

3a. Name:
Msiang-Yu Chou-Hoofman
3b. Business Name:
Winston-Salem/Forsyth County Utilities
3c.Address
Street Address
101 North Main St
Address Line 2
(Sty
State / Province / F bgion
Winston-Salem
NC
Postal / Zip Code
Country
27101
United States
3d. Telephone Number:
3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Vickie Miller / Jackson Garvey
4b. Business Name:
HDR
4c.Address
Street Address
555 Fayetteville St. Suite 900
Address tine 2
aty
State / Province / Region
Raleigh
NC
Postal / Zip Cate
Country
27601
Wake
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
03_Agent Authorization Form_ Industrial_signed.pdf 230.44KB
C. Project Information and Prior Project History U
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality / town:
Kernersville
2. Project Identification
2a. Property Identification Number:
2b. Property size:
6885-97-9808.00
2c. Project Address
Street Address
0 Industrial Park DR
Address Line 2
(Sty
State / Province / Region
Kernersville
NC
Postal / Zip Code
Country
27284
United States
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
West Fork Deep River

3b. Water Resources Classification of nearest receiving water:*
WS-IV:*
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300030101
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
A majority of the project area is currently forested. The sewer line easement is maintained with no trees growing within it. The stream in the project area is incised and the banks are
eroded. This has led to the failure of the original aerial sewer crossing and the current implementation of a temporary aerial sewer crossing. Land uses in the vicinity (within 1 mile)
include forested land, utilities corridors, industrial, and some residential areas.
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)
20190423_USGS_Topo_Map_from_lndustrialPark_JDPkg-2.pdf 207.12KB
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)
20190423_NRCS_Soil_Map_from_Industrial Park_JDPkg-2.pdf 243.88KB
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
330
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a permanent aerial crossing to replace previously failed aerial crossing. A temporary crossing was installed in the interim to maintain service.
In addition, the segment of sewer pipe downsteam of the crossing will be relocated farther from the stream to avoid future undermining. The location of this portion of the project is
currently in close proximity to the top of the streambank. The streambanks will be laid back to a flatter slope and banks stabilized to avoid future erosion.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed project includes replacement of a failed aerial sewer crossing and realignment of the sewer line to reduce the potential for future failures. The project includes stream
bank stabilization for 103 If of stream.Thirty-one If of bank stabilization will occur on both banks at the aerial crossing. The upper segment will be realigned to create a more
perpendicular aerial crossing and a new manhole will be installed at a greater distance from the top of bank. This allows for the lower segment to be realigned away from the stream and
a second manhole will be installed to connect to the existing line. In this section 72 If of bank stabilization will occur by laying back the banks and placing rip rap on the right bank. Both
sewer segments will use 8" DIP. Standard construction equipment Will be used, such as excavators, backhoes, hauling trucks, etc.
4j. Please upload project drawings for the proposed project.
2020-03-30_WS_Kernersville_Ind—Park _Dr_Sewer.pdf 7.75MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Llnknown
Comments:
The Project Site was delineated on March 26, 2019.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary f 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): Kelly Thames
Agency/Consultant Company: HDR
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
5/24/2019
5d1. Jurisdictional determination upload
SAW-2019-00720 (signed PJD).pdf 1.69MB
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?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries
PO Buffers
r Open Waters r Pond Construction
3. Stream Impacts
❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * �e,Stream Type * 3f. Type of 3gSwidth * 3h. Impact Jurisdiction* length*
Bank Stabilization Permanent Bank Stabilization Tributary to West Fork Dee Perennial Both 12 103
S1 ry P
River Average (feet) (lir�rfeet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
31. Total temporary stream impacts:
103
0
31. Total stream and ditch impacts:
103
3j. Comments:
Of the 103 If of bank stabilization proposed, 31 If will be on both sides of the stream. 72 If of bank stabilization is proposed for the north stream bank
only.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
r Neuse
r Tar -Pamlico
r Catawba
W Randleman
r Goose Creek
r Jordan Lake
r Other
6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact
E empt P Tributary to West Fork Deep River No 0 10
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 0.00 10.00
Zone 1 Zone 2
Total combined buffer impacts: 0.00 10.00
6i. Comments:
One tree outside of the current easement will be removed during installation of the sewer line. It is at the downstream end of the pipe segment that
includes the new aerial crossing. A new manhole will be installed here as well. The new crossing is 20 ft wide and contains a 10 ft maintenance
corridor. Impacts to the stream buffer are less than 40 linear feet.
Supporting Documentation
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project

The upper segment of sewer line containing the aerial crossing was realigned to achieve a more perpendicular angle over the stream. This decreases
the amount of bank stabilization required for the crossing. Likewise, this allows for the lower segment to be realigned further from the stream bank and
avoid future reconstruction or more aggressive stream stabilization.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The easement can be accessed from both sides of the stream so no work will need to be done in the stream channel. Also, several BMPs will be
utilized to avoid impacts during construction; these include silt fences, tree protection, stone outlets, construction entrances, and soil stabilization
mats.
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:
Bank stabilization is a permanent impact but should not require mitigation as rip rap will be placed above the ordinary high water mark.
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
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SMNT)
r Other SCM that removes minimum 30 % nitrogen
W Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
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
Comments:
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
U
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:
The project is funded by revenue collected for utility service and does not exceed SEPA thresholds for preparation of an environmental document.
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.
The Project purpose is the repair an existing sewer failure. The new design provides a solution to avoid future failures and additional repairs. It does
not add capacity to the existing line. No increase in development will result from the project.

4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR forth is project?*
r Yes r Nor WA
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 any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A site visit was conducted to survey for federally protected species habitat. HDR consulted the USFWS IPAC portal and requested an Official Species
List. This listed two species as threatened or endangered. Bog Turtle (Clemmys muhlenbergii) is listed as threatened due to similarity of appearance
(T(S/A)). T(S/A) species are not biologically endangered or threatened and are not subject to Section 7 consultation. The other species, Northern
long-eared bat (Myotis septentrionalis), is listed as threatened.Northern long-eared bat habitat is present in the form of trees for roosting. However,
the project complies with the Endangered Species Act 4(d) rule. Forsyth County contains no watershed where hibernacula and maternity roost trees
are known to occur.
Consultation Documentation Upload
Species List_ Asheville Ecological Services Field Office.pdf 454.58KB
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 Essential Fish Habitat Mapper
https://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-ni apper
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?*
HDR reviewed the North Carolina State Historic Preservation Office (HPO) GIS database
(http://gis.ncdcr.gov/hpov,eb/) and found no known historic structures located within the Project Site or within one mile of the Project Site
7c. Historic or Prehistoric Information Upload
HPO Web_Map _2_20200507. pdf
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
North Carolina Flood Risk Information System (FRIS)
hftps://fris.nc.gov/fris/Fbme.aspx?ST=NC
443.57KB
Miscellaneous U
Comments

FEMA Floodplain/NWI map attached
Contact Information for Jackson Garvey
Desk:919-232-6613
Email: [e-mail]
Miscellaneous attachments not previously requested.
20190423_FEMA_NWI_Map_from_IndustrialPark_JDPkg.pdf 210.54KB
Signature U
® 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:
Jackson Garvey
Signature
Date
5/8/2020

AGENT CERTIFICATION OF AUTHORIZATION
I, Hsiang-Yu Chou-Hoofman, representing Winston-Salem/Forsyth County Utilities
hereby certify that I have authorized Vickie Miller of HDR to act on my behalf and take
all actions necessary to the processing, issuance, and acceptance of this request for
wetlands and stream determination / permitting and any and all standard and special
conditions attached.
We hereby certify that the above information submitted in this application is true and
accurate to the best of our knowledge.
________________________
Applicant’s signature Agent’s signature
________________________
Date Date
Completion of this form will allow the agent to sign all future application correspondence.
PATH: \\CLTSMAIN\GIS_DATA\GIS\PROJECTS\3320_CITYOFWINSTON-SALEM\10132277_CSIP_PROJMGMTYR3\7.2_WIP\MAP_DOCS\MXD\JD\04_SOILS.MXDUSER: KTHAMES - DATE: 4/22/2019
INDUSTRIAL PARK DR EMERGENCY SEWER REPAIR
FIGURE 4
NRCS SOILS SURVEY OF FORSYTH COUNTY
PRELIMINARY JURISDICTIONAL DETERMINATION REQUEST
0 100Feet O
Note: No hyd ric s oils occur with the extent of this figure.
LEGEND
Project Site (0.70 ac.)
Soil Map Unit
1 in = 100 ft
Project Area: 0.70 acresAddress: s outh of 1070 Ind us trial Park Drive, Kerners ville, NC, 27284 Center Coordinates: 36.102708°, -80.049028°USGS Quad: Kerners ville, NC (1994)Date: 4/22/2019SAW:PcF2 – Pacolet clay loam , 15-45% s lop es , m od erately erod ed
On-Site Soils
Project Location
NCHPO HPOWEB
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri
Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and
the GIS User Community
5/7/2020, 12:08:03 PM 0 0.5 10.25 mi
0 0.8 1.60.4 km
1:36,112
North Carolina State Historic Preservation Office
State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, USGS, METI/NASA, EPA, USDA |
PATH: \\CLTSMAIN\GIS_DATA\GIS\PROJECTS\3320_CITYOFWINSTON-SALEM\10132277_CSIP_PROJMGMTYR3\7.2_WIP\MAP_DOCS\MXD\JD\04_NHD_NWI_FEMAL.MXDUSER: KTHAMES - DATE: 4/12/2019
INDUSTRIAL PARK DR EMERGENCY SEWER REPAIR
FIGURE 5
NATIONAL HYDROGRAPHY DATASET, NATIONAL WETLANDINVENTORY, AND FEMA FLOODPLAINS
PRELIMINARY JURISDICTIONAL DETERMINATION REQUEST
0 100Feet O
Note: No FEMA floodplains occur withinthe extent of this figure.
LEGEND
Project Site (0.70 ac.)
National WetlandInventory
FEMA Firmette Panels
1 in = 100 ft
Project Area: 0.70 acresAddress: south of 1070 Industrial Park Drive, Kernersville, NC, 27284Center Coordinates: 36.102708°, -80.049028°USGS Quad: Kernersville, NC (1994)Date: 4/12/2019SAW:
KERNERSVILLE
PATH: \\CLTSMAIN\GIS_DATA\GIS\PROJECTS\3320_CITYOFWINSTON-SALEM\10132277_CSIP_PROJMGMTYR3\7.2_WIP\MAP_DOCS\MXD\JD\02_USGS.MXDUSER: KTHAMES - DATE: 4/12/2019
INDUSTRIAL PARK DR EMERGENCY SEWER REPAIR
FIGURE 2
USGS TOPOGRAPHIC QUADRANGLES
PRELIMINARY JURISDICTIONAL DETERMINATION REQUEST
0 1,000Feet O
DATA SOURCE: USGS Topo Quadrangles:Kernersville, NC (1994)
LEGEND
Project Site (0.70 ac.)
USGS Quadrangles
1 inch = 1,000 feet
Project Area: 0.70 acresAddress: south of 1070 Industrial Park Drive, Kernersville, NC, 27284Center Coordinates: 36.102708°, -80.049028°USGS Quad: Kernersville, NC (1994)Date: 4/12/2019SAW:
April 20, 2020
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: 04EN1000-2020-SLI-0555
Event Code: 04EN1000-2020-E-01286
Project Name: Industrial Park Dr. Sewer Emergency Repair

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
04/20/2020 Event Code: 04EN1000-2020-E-01286   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;
04/20/2020 Event Code: 04EN1000-2020-E-01286   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
04/20/2020 Event Code: 04EN1000-2020-E-01286   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
[phone]
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Project Summary
Consultation Code:04EN1000-2020-SLI-0555
Event Code:04EN1000-2020-E-01286
Project Name:Industrial Park Dr. Sewer Emergency Repair
Project Type:WASTEWATER PIPELINE
Project Description:Emergency replacement of aerial crossing and realignment of sewer away
from eroded streambank.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/36.10266741366861N80.04913236997193W
Counties:Forsyth, NC
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1.
Endangered Species Act Species
There is a total of 2 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)
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.
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
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
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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.
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
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▪
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no data survey effort breeding season probability of presence
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
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
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?
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The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
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
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3."Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non-eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ “What does IPaC
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
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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.
RIVERINE
Riverine