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HomeMy WebLinkAbout20210852 Ver 1_ePCN Application_20210817DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 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?* r Yes r No Change only if needed. BIMS # Assigned 20210852 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review 1a. Name of project: Woodfield Way Culvert Replacement Project 1a. Who is the Primary Contact? Jason Steele 1b. Primary Contact Email:* jaso n. steele@freese. oom Date Submitted 8/17/2021 Nearest Body of Water Cub Creek Basin Yadkin -Pee Dee Water Classification C Site Coordinates Version#* 1 What amout is owed?* r $240.00 IT $570.00 Select Project Reviewer* Sue Homewood:eads\slhomewood 1c. Primary Contact Phone:* (540)449-2837 Latitude: Longitude: 36.1549 -81.1549 FA. rocessing Information v County (or Counties) where the project is located: Wilkes Is this a NCDMS Project r Yes IT No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Is this a courtesy copy notification?* r Yes r No ID# 20210852 Pre -fling Meeting or Request Date 4/27/2021 Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach docurrent DWR Pre -Filing Meeting Request Form.pdf Pre -Filing Time Clock Complete Email from DWR.pdf File type must be FCF 1a. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? * 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: 03 - Maintenance 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 401 Water Quality Certification 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: Version 1 50.63KB 220.73KB r 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 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: Town of Wilkesboro c/o Ken Noland, Town Manager 2b. Deed book and page no.: r Yes r No r Yes r No 2c.Contact Person: 2d.Address Street Address 203 West Main Street Address tine 2 aty Wilkesboro Postal / Zip Code 28697 2e. Telephone Number: (336)838-3951 2g. Email Address:* townmanager@wilkesboronc.org 3. Applicant Information (if different from owner) 3a. Name: Town of Wilkesboro c/o Ken Noland, Town Manager 3b. Business Name: 3c.Address Street Address 203 West Main Street Address tine 2 City Wilkesboro Postal / Zip Code 28697 3d. Telephone Number: (336)838-3951 3f. Email Address:* tovvnmanager@Wlkesboronc.org 4. Agent/Consultant (if applicable) State / RrWnce / Region NC Country us 2f. Fax Number: State / Rmince / I3gion NC Country us 3e. Fax Number 4a. Name: Jason Steele 4b. Business Name: Freese and Nichols, Inc. 4c.Address Street Address 531 North Liberty St Address tine 2 city State / Rwince / Region Winston-Salem NC Postal / Zip Code Country 27101 us 4d. Telephone Number: 4e. Fax Number: (540)449-2837 4f. Email Address:* jason.steeie@freese.com C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality I town: Wilkesboro 2. Project Identification 2a. Property Identification Number: see attached plan sheets 2c. Project Address Street Address Address tine 2 aty Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Cub Creek 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. 030401010307 4. Project Description and History 2b. Property size: 0.96 State / Province / Region Country 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The Woodfield Way project is located in a relatively undeveloped section of Wilkesboro, and is bordered to the north by mixed hardwoods and to the south by maintained turfgrass and a large pond. The former culverted section of Cub Creek is located downstream of an aerial sewer crossing that provides service to the surrounding neighborhoods along Woodfield Way and the Oakwood Country Club. Two access roads were constructed at the site at the time of the sewer line installation to allow for required maintenance and utility access. 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 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: 387.8 4h. Explain the purpose of the proposed project:* Freese and Nichols, Inc. (FNI) ves contracted by the Town of Wilkesboro to study and design a replacement for the Woodfield Way crossing over Cub Creek. Originally, there were three 8.5' corrugated metal pipe culverts that conveyed the flow under Woodfield Way, which were damaged and removed in 2020, causing the roadway to be closed. The pre-ebsting conditions analysis determined that the three 8.5' CMP culverts passed the 10-yr storm event but overtopped the roadway during the 25-yr storm event. The NC Department of Transportation (NCDOT) requires secondary roadways to be designed to pass the 25-year storm event, but due to previous failure and continued maintenance issues at this location and the increased frequency of large storm events, a single span bridge has been proposed as a replacement for the previous 3 culvert system, as the bridge will pass the 25-, 50- and 100-year storm events without overtopping the roadway. The alternatives analysis for the bridge is included as an attachment for this PCN. The channel of Cub Creek directly upstream and downstream is relatively stable, however, the stream banks are incised with areas of active erosion, and to properly install the bridge, the areas Will require reinforcement through the installation of riprap directly under the bridge and approAmately 60 feet up and downstream of the crossing for a total of 275 feet. The upstream area also includes an aerial sealer crossing area, which will also be included in the bank stabilization area. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The construction of the Woodfield Way project will follow typicaI methods and erosion control techniques of bank stabilization and single span bridge construction. This WiI involve the use of heavy machinery such as excavators, to accomplish the grading needed to stabilize the bank below the bridge and will include installation of rock to the toe of bank (see detail on sheet S-1). No rock Will be placed within the stream channel beyond what is needed to stabilize to the toe of bank. All other earthwork will be conducted from the wasting road surface, and will include the installation of HP piles for the bridge footers. No other in -stream work Will occur as part of the project. Ground -stabilization requirements Will be followed to prevent erosion and runoff of sediments when soils are susceptible immediately after construction. This vdll include the use silt fence and temporary seeding to provide immediate ground stabilization, and planting of permanent herbaceous vegetation in disturbed upland areas. Currently, the slope below the proposed single span bridge alignment is unstable due to the removal of the three culverts that failed in 2020. The bridge slope will be graded to a 1.5:1 slope, and rock will be countersunk into the bank to provide a long term slope stability. Rock will be placed to the toe of the eAsting stream bank, with an overall volume of fill of 113 cubic yd below ordinary high water on the left bank and 89 cu yd below OHWM on the right bank, for an average of 1.1 cu yd per running foot of stream. The fill is necessary to ensure that the banks upstream and downstream of the crossing will remain stable, as this area also includes an aerial sewer crossing. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No C Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jason Steele, PhD, PWS Agency/Consultant Company: Freese and Nichols, Inc. Other: 6. Future Project Plans 6a. Is this a phased project?* r Yes C No Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No other NWP, RP, or IP intended for use with the project. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): [ Wetlands W Streams -tributaries r Buffers [ Open Waters r Pond Construction 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* ��3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* S1 Left Bank Stabilization Permanent Rip Rap Fill Cub Creek (Stream A) Perennial Both 20 Average (feet) 195 (linearfeet) S2 Right Bank Stabilization Permanent Rip Rap Fill Cub Creek (Stream A) Perennial Both 20 Average (feet) 198 (linearfcet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 393 31. Total stream and ditch impacts: 393 3j. Comments: 31. Total temporary stream impacts: Stream impacts are limited to fill belowthe OHWM to the toe of bank as part of the slope stabilization for the single span bridge construction and subsequent bank stabilization required directly upstream and downstream of the former culverted area. Impact area is comprised of the area where the former culverts were placed (-130 feet), and will only have -60 feet of new impacts associated with the bank stabilization. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Multiple alternatives were evaluated to determine the best project approach. The alternatives analysis included measures to reduce the proposed impacts to the site. The alternatives analysis is attached. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Multiple options were evaluated, including installation of box culvert, large pipe, and single span bridge. The bridge was selected to reduce the likelihood of future maintenance and to address potential aquatic organism passability that would be reduced with a piped structure, as the slope and water velocity would reduce mobility of many aquatic organisms. Bank stabilization measures are limited to stabilizing the slope directly below and adjacent to the bridge, and will only impact to the toe of the bank. Use of woody species was not possible due to the location of utility easements, making rock stabilization the most efficient option that would require less long term maintenance. 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: Permanent impacts beyond the original culvert location are limited to approximately 60 feet upstream and 65 feet downstream. Permanent impact area is 2,721 sq feet (0.06 acres). F. Stormwater Management and Diffuse Flow Plan (required by DWR) U 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: Project is located in the Yadkin basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes IT 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 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 IT No Comments:* Project is funded by Town of Wilkesboro. 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 IT No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes IT No 3b. If you answered "no," provide a short narrative description. The project is replacing a failed culvert crossing that allowed for vehicular traffic. No addition development would result as the area will have similar development pressure as the previous stream crossing. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes IT No r N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes IT 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 IT 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 IT No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? IPaC database search (original Feb 2021, revisited Aug 2021) and NC NHP (Feb 2021). No trees will be cleared as part of the project, and no habitat is present for gray bat or bog turtle. NLEB evaluation matrix is also attached. 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?* Essential fish habitat 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?* NC HPOWeb, no features were identified within a 1 mile search radius of the project. 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: A no -rise analysis will be conducted as part of the 90 % design process and will be submitted to FEMA. 8c. What source(s) did you use to make the floodplain determination?* NCFloodMapper.com I Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Qick the upload button or drag and drop files here to attach docurrent Woodfield Way PCN Package.pdf File crust be POF or IM Comments Signature W By checking the box and signing below, I certify that: 12.66MB • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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: Jason Steele Signature '6 )A, tw6 Date 8/17/2021 531 N. Liberty St. + Winston-Salem, North Carolina 27101 + 336-790-6744 + FAX 817-735-7491 August 17, 2021 Brandee Boggs Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 www.freese.com Re: Pre -Construction Notification (PCN) for the Woodfield Drive Culvert Replacement Project Dear Ms. Boggs, On behalf of the Town of Wilkesboro, please find support documents for the requested Nationwide Permit 3 to replace the culverts that conveyed Cub Creek under Woodfield Drive. The culverts suffered catastrophic failure in 2020, resulting in the closure of Woodfield Drive. The Town is requesting a Nationwide Permit 3 to replace the culverts with a single span bridge. As part of the design process, Freese and Nichols, Inc. (FNI) conducted an alternative analysis to determine the best replacement method that meets the updated NCDOT 25 year storm conveyance requirement. Please feel free to contact me at (540) 449-2837 or Jason.Steele@freese.com if you have any questions. Sincerely, (--�4 1'e- ��_ � - Jason Steele, PhD, PWS Environmental Scientist cc: Attachments Appendix A: Preliminary Jurisdictional Determination Documents Appendix B: Authorized Agent Documentation Appendix C: FNI Design Alternatives Analysis Appendix D: Construction Plan Sheets Appendix E: Existing Conditions and WOTUS Impacts Sheets Appendix F: Threatened and Endangered Species Documentation Appendix A Preliminary Jurisdictional Determination Request Documents urisdictional Determination Reauest US Army Corps of Engineers. Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: Woodfield Way City, State: Wilkesboro, NC County: Wilkes Parcel Index Number(s) (PIN): see attached plan sheets B. REQUESTOR INFORMATION Name: Jason Steele Mailing Address: 531 N. Liberty St. Winston-Salem, NC 27101 Telephone Number: (540) 449-2837 Electronic Mail Address: Jason.Steele@freese.com Select one: ❑ I am the current property owner. ❑ I am an Authorized Agent or Environmental Consultanti ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: see attached landowner list Mailing Address: Telephone Number: Electronic Mail Address: 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Jason Steele Print Name Capacity: ❑ Owner Z Authorized Agent' Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑✓ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One) 0 I am requesting that the Corps provide a preliminM JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or Review Area 0.96 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 36.1549 Longitude:-81.1549 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request F4Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDS• please complete an Approved Jurisdictional Determination Form'. Vicinity Map Aerial Photograph F4 USGS Topographic Map 0 Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑✓ NC Division of Water Resources Stream Identification Forms hJ Other Assessment Forms ' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf 8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: August 17, 2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jason Steele, 531 N. Liberty St, Winston-Salem, NC 27101 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW- D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Wilkes City: Wilkesboro Center coordinates of site (lat/long in degree decimal format): Lat.: 36.12167 Long.:-81.1549 Universal Transverse Mercator: Name of nearest waterbody: Cub Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) S 1 36.12167 -81.15495 387.8 If non -wetland water Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: ■❑ Natural Resources Conservation Service Soil Survey. Citation: ■❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ■❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ■❑ Aerial (Name & Date): Most recent available, State of NC (accessed 2021) or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. v 0) 0) 0) 0) � m m m m O 00 00 00 00 00 00 00 00 Q N N N N N v Y ate+ V V V V H Z Z Z Z O 0 T � +' O O O N Y_ (J O O O Y Y Y c 0 v Y � Q O pp ? 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Oo i rA V up N sr 1: rn 9° ms m apr ❑ �' ' d� [i � ha�Y - cAr — rn Clr o Frazier sr (J°r 4• R e ❑' w` o �alkergr s - - _ a Edq `4F.�errep .-�r4ao V>M+Ir,A S/4' 'd4a¢d/p � SL agQ' Q 0 a ji a _ /; va cal 'o CO3� E`yY Tr CE Ch arMEtieO 4 m Be°rpY Rd F.i—IN Qrr, west Rd 3 sleepy Hollow East o u `t aenen Rd � P o 4 Cir p oak..otls Ln earr� a 3 � n °off 4 N G ��y 0 1od^8 ye Reins Rtl Ln IL- LL Sh C a ",nur M S� Cun lurnera� Country 03k Cn Nora CA Rd rFnorlwend ��IIIllljj O, LSY ,%ub Hills K cd, p o° o � _ Country Club Hllls Dr � a 'u °grii rlayvl—Ave i l`� NO moo° C°untrY GIu4 R N Quail q. a�tE9 S 1(9 ail �n aY ydrrN ¢a ° rner Ar �,ao Pnd I�r� � f JV ass O cii o�Y i,ne Or 3 ❑r annd Ea91 G°J Forest Rld g4 5 ee F \ C 6 Pelgr �n Rd n O 3 2 O pt NO Ln Legend afi r d n WOTUS Investigation Area 0� ❑ F�zk 18 6 Figure 1 Project Location N 16 '_ke1 k 68 Woodfield Way Culvert Replacement Project 18 1f 421- 421 Wilkes County, NC 6 Liberty St 18 Winstt on -Salem NC 27101 r �� Winston-Salem, HOLS 0 o.z o.i 16 Feet Coordinate System: NAD 1983 StatePlane North Carolina HIPS 3200 Feet 0 1,000 2,000 r �; � > - � _ -' � `�•�', .1�� r roc �". �.% / - /ems � � �///%/ � � ' C l -_ �•i \5. � V T ^� / ..\ -�f 1. l n � •�•• t I .• r / p. / _ r Oakw 'so-Coilntly Eub• 1 79 Legend ° r WOTUS Investigation Area r k 18 6 Figure 2 Project Location and Topography N 16 ckzl k 681„r, Woodfield Way Culvert Replacement Project 18 421 6 •421 Wilkes County, NC � 18 rMONW �� Winston-Salem, N. Liberty , 16 Winston-Salem NC 27101 0 0.2 o.i S R O c v r,t O i Feet Coordinate System: NAD 1983 StatePlane North Carolina HIPS 3200 Feet 0 1,000 2,000 l •F .� +tom � ,� •^ * � 'ro � � � yam,. a _, r JIL �� •� ��• '� ,t � ,, a t•• � �� `w -V ` •v, p. Oh s • f0 . 0 n eat, IV ,fir i s p C' ' C / t � . / Q{ \� p s �� `Ewe ~?O1kxvood9 '' 179 •C Legend 0 WOTUS Investigation Area Wetlands i Estuarine and Marine Deepwater ✓� _ Estuarine and Marine Wetland i—I •;fir Freshwater Emergent Wetland t - Freshwater Forested/Shrub Wetland/�:'f - Freshwater Pond' -Lake T Riverine hr'r�ak 18 6 Figure 4 Project NWI Mapping nJ 16''k-A k 68Woodfield Way Culvert Replacement Project 6 18 421- 421 Wilkes County, NC f 18 r�� N. Liberty St 16 Winston-Salem NC 27101 0 0.2 o. Wii C HOLS Feet Coordinate System: NAD 1983 StatePlane North Carolina HIPS 3200 Feet 0 1,000 2,000 7 210 Legend o WOTUS Investigation Area CA J FIRM Panels Cross -Sections Flood Hazard Boundaries Limit Lines 220 SFHA / Flood Zone Boundary Flood Hazard Zones 1%Annual Chance Flood Hazard Regulatory Floodway k Special Floodway 4 Area of Undetermined Flood Hazard 0.2%Annual Chance Flood Hazard Future Conditions 1%Annual Chance Flood Hazard Area with Reduced Risk Due to Levee Area with Risk Due to Levee t, I Creek 18 6 If Figure 6 FEMA Floodplain Mapping N 16 Cket Wilk 68 orc. Woodfield Way Culvert Replacement Project 6 18 Nil 421 , 421 Wilkes County, NC El FREESE 531 N. Liberty St 18 46 Irm,11MICHOLS Winston-Salem NC 27101 0 o.os o.�i 16 B R N Y ,M O U - Feet Coordinate System: NAD 1983 StatePlane North Carolina HIPS 3200 Feet �' 1 1 — 0 312.5 62s Potential Stream A 387.8 If Perennial EMS Legend WOTUS Investigation Area 0 Data Point Potential Stream NOTES: 1. THE POTENTIAL WETLANDS AND STREAMS DEPICTED ON THIS MAP WERE DELINEATED PURSUANT TO THE USACE WETLAND DELINEATION MANUAL (1987 MANUAL) AND THE USACE REGIONAL SUPPLEMENT TO THE 1987 MANUAL I (EASTERN MOUNTAINS AND PIEDMONT, , VERSION 2.0). FIELDWORK WAS CONDUCTED BY FREESE AND NICHOLS ENVIRONMENTAL SCIENTISTS ON FEBRUARY 25, 2021. 2. WETLAND AND STREAM LOCATIONS AND DATA POINTS WERE COLLECTED WITH SUB -METER ACCURACY SURVEY - GRADE GPS. 3. FEATURE CONTINUES DOWN GRADIENT OF PROJECT AREA. 4. FEATURE CONTINUES UP GRADIENT OF PROJECT AREA Mi I1 zrs creek 18 6 Y:• Exhibit 1 6 cket Wilk 68 1421� Woodfield Way Culvert Replacement Project 918 .vi1 Wilkes County, NC 16 rmONINICHOLS Winston-Salem, N. Liberty , 18 Winston-Salem, NC 27101 B R N Y M O it I r — Coordinate System: NAD 1983 StatePlane North Carolina HIPS 3200 Feet N 0 0.01 0.01 Mi Feet 0 50 100 WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: Woodfield Way Culvert Replacement City/County: Wilkes Sampling Date: 2/25/21 Applicant/Owner: Town of Wilkesboro State: NC Sampling Point: DP-01 Investigator(s): J. Steele (FNI) Section, Township, Range: N/A Landform (hillside, terrace, etc.): terrace Local relief (concave, convex, none): none Slope (%): 2 Subregion (LRR or MLRA): LRR N Lat: 36.122004 Long:-81.154455 Datum: NAD83 Soil Map Unit Name: Codurus loam, 0 to 2 percent slopes, frequently flooded NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) X Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) —Iron Deposits (135) _ Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 3 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-01 Absolute Dominant Indicatc Tree Stratum (Plot size: 30 ft radius ) % Cover Species? Status 1. Acer rubrum 60 Yes FAC 2. 3. 4. 5. 6. 7. 60 =Total Cover 50% of total cover: 30 20% of total cover: 12 Sapling/Shrub Stratum (Plot size: 15 ft radius ) 1. Carpinus caroliniana 5 No FAC 2. Ligustrum sinense 20 Yes FACU 3. Sambucus nigra 5 No FAC 4. 5. 6. 7. 8. 9. 30 =Total Cover 50% of total cover: 15 20% of total cover: 6 Herb Stratum (Plot size: 5 ft radius ) 1. Lonicera japonica 5 Yes FACU 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 5 =Total Cover 50% of total cover: 3 20% of total cover: 1 Woody Vine Stratum (Plot size: 15 ft radius ) 1. 2. 3. 4. 5. =Total Cover 50% of total cover: 20% of total cover: Remarks: (Include photo numbers here or on a separate sheet.) Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 1 (A) Total Number of Dominant Species Across All Strata: 3 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 33.3% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 0 x 2 = 0 FAC species 70 x 3 = 210 FACU species 25 x 4 = 100 UPL species 0 x 5 = 0 Column Totals: 95 (A) 310 (B) Prevalence Index = B/A = 3.26 Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is !2.01 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes No X US Army Corps of Engineers Eastern Mountains and Piedmont -Version 2.0 SOIL Sampling Point: DP-01 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-8 10YR 4/3 100 Loamy/Clayey 8-16 10YR 5/2 100 Loamy/Clayey auger refusal on rock @ 16" Type: C=Concentration, D=Depletion, Hydric Soil Indicators. _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) —Stratified Layers (A5) _2 cm Muck (A10) (LRR N) _ Depleted Below Dark Surface (A11: _Thick Dark Surface (Al2) —Sandy Mucky Mineral (S1) —Sandy Gleyed Matrix (S4) —Sandy Redox (S5) _Stripped Matrix(S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): RM=Reduced Matrix, MS=Masked Sand Grains _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) —Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions(F8) _Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) _ Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: _2 cm Muck (A10) (MLRA 147) —Coast Prairie Redox (A16) (MLRA 147, 148) —Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 NC DWQ Stream Identification Form Version 4.11 Date: 2/25/2021 Project/Site: Woodfield Way Culvert Replacement Latitude: 36.1216 Evaluator: J. Steele (FNI) County: Wilkes Longitude: -81.1549 Total Points: Stream is at least intermittent if>_ 19 or perennial if 30* Stream Determination: Perennial Other Stream Name: Cub Creek 38 Absent Weak Moderate Strong 1. Continuity of channel bed and bank* 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 *artificial ditches are not rated; see discussions in manual A. Geomorphology Subtotal 20.5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 B. Hydrology Subtotal 8.5 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 0 *perennial streams may also be identified using other methods. C. Biology Subtotal 9 Notes: Sketch: NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Woodfield Way Culvert Replacement Date of Evaluation Stream Category Mb2 Assessor Name/Organization Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Function Class Rating Summary 2/25/21 Freese and Nichols NO YES NO Perennial USACE/ NCDWR All Streams Intermittent (1) Hydrology LOW (2) Baseflow HIGH (2) Flood Flow LOW (3) Streamside Area Attenuation MEDIUM (4) Floodplain Access MEDIUM (4) Wooded Riparian Buffer MEDIUM (4) Microtopography NA (3) Stream Stability LOW (4) Channel Stability MEDIUM (4) Sediment Transport MEDIUM (4) Stream Geomorphology LOW (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality HIGH (2) Baseflow HIGH (2) Streamside Area Vegetation MEDIUM (3) Upland Pollutant Filtration MEDIUM (3) Thermoregulation MEDIUM (2) Indicators of Stressors NO (2) Aquatic Life Tolerance HIGH (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In -stream Habitat LOW (3) Baseflow HIGH (3) Substrate MEDIUM (3) Stream Stability MEDIUM (3) In -stream Habitat LOW (2) Stream -side Habitat LOW (3) Stream -side Habitat LOW (3) Thermoregulation MEDIUM (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone Habitat NA Overall LOW Woodfield Drive Culvert Replacement Project Town of Wilkesboro, Wilkes County Site Photos February 25, 2021 Photo 1. Downstream view of aerial sewer crossing upstream of former culvert location Photo 3. Looking downstream at destabilized Photo 2. Aerial sewer located next to collapsed and removed culverts under Woodfield Drive. Photo 4. Data Point 01 (upland), located on the banks of Cub Creek from former culvert project boundary. location. Appendix B Authorized Agent Documentation 531 North Liberty Street + Winston-Salem, North Carolina 27101 + 336-790.9744 Agent Authorization www.freesexoro I(we) authorize representatives of Freese and Nichols, Inc. to act as my (our) agent regarding the proposed project as described below; t❑ act on my {our} behalf; to take all actions necessary to the processing, issuance, and acceptance of permits and any and all standard and special conditions attached. Project name: Woodfield Way Bridge Design Located at/in: Town of Wilkesboro Wilkes Cou ❑wner/applicant name: Town of Wilkesboro Signed: Date: [ 2-1 Appendix C FNI Design Alternatives Analysis 531 N. Liberty St., + Winston-Salem, North Carolina 27101 + 336-790-6744 + FAX 817-735-7491 TO: Ken Noland, Town Manager CC: Brian Severt, Town Project Manager FROM: Bryan Dick, PE & Emily Brown, PE SUBJECT: Design Recommendation - Woodfield Way Culvert Replacement DATE: 5/21/2021 PROJECT: WLB21160 www.freese.com AR0'''�.,,� 'ESSI AL'' 048934 5.21.2021 III�pi10g10�'��� Project Background Freese and Nichols, Inc. (FNI) was contracted by the Town of Wilkesboro to study and design a replacement for the Woodfield Way crossing over Cub Creek. Originally, there were three 8.5' corrugated metal pipe culverts that conveyed the flow under Woodfield Way, which were damaged and removed in 2020, causing the roadway to be closed. The pre-existing conditions analysis determined that the three 8.5' CMP culverts passed the 10-yr storm event but overtopped the roadway during the 25-yr storm event. FNI considered three alternative solutions to replace the original crossing, which were modeled and described in the Conceptual Alternatives Memo. The alternatives analysis included the following scenarios: • Alternative 1A: 2 — 10' x 10' and 1— 10' x 8' reinforced concrete box culverts • Alternative 113: 1— 25' corrugated metal pipe culvert • Alternative 2: 1— Single Span Bridge The NC Department of Transportation (NCDOT) requires secondary roadways to be designed to pass the 25-year storm event, but due to previous failure and continued maintenance issues at this location and the increased frequency of large storm events, FNI recommends that the design exceed this requirement, preferably passing the 50-year storm event, at a minimum. Alternatives Comparison A comparison of the hydraulic results of modeled alternatives is shown in Table 1, which includes existing conditions as well as the proposed alternatives. Design Recommendations May 21, 2021 Page 2 of 3 Table 1. Modeled 100-near Flood Elevations for Existina and FEMA I - - Effective Existing 1008.67 - 1010.03' Conditions _ Alternative 1A (Box 1005.00' No 1005.00' Culverts) Alternative 16 (Pipe 1008.46 No 1009.83' Culvert) Alternative 2 1008.66' No 1010.02' (Bridge) 1 Max water surface elevation at Woodfield Way culvert location z Top of FEMA Effective Conditions Roadway elevation =1020.1' rFREESE oom NICHOLS Conditions at Woodfield Wa 1023.87' 1 Yes 1012.54' No 1022.53' Yes No 1012.97' No No 1012.51' No Even though the modeled corrugated metal culvert conveyed the design flow events, the public perception of that specific solution is negative due to past failure of metal culvert pipes, and as such was removed from consideration. Initial cost estimates indicated the corrugated metal culvert was the highest cost alternative. Cost Estimate High-level cost estimates were compiled and included in the Conceptual Alternatives Memo. Once the alternatives were narrowed down to Alternative 1A (Box Culverts) and Alternative 2 (Bridge), a more detailed, although still conceptual, cost estimate for each improvement alternative was developed. The total cost for each alternative is shown in Table 2. Pre -cast bridge options were explored, but the options were more expensive than the traditional bridge and were therefore removed as viable alternatives. Due to the preliminary stage of this analysis, the costs provided are meant to be used for comparison but will be further refined based on the detailed design. The box culverts will require extensive earth work due to the roadway elevation above the creek, as well as requiring a large quantity of concrete, which are major drivers in the cost difference between alternatives. Detail cost breakdowns are included in Appendix A. Table 2. Summary of Prelimi Alternative 1A (Box Culverts) Alternative 2 (Bridge) $1,643,043 Conclusions / Recommendations Way FNI recommends that the Town move forward with Alternative 2, which will provide a robust solution to the culvert failure while being the lower cost option. As mentioned above, pre -cast bridge options were explored, but the options were more expensive than the traditional bridge and were therefore eliminated. [WLB21160] T:\3.0 DESIGN\3.04 Design-Rpts Design Recommendations May 21, 2021 Page 3 of 3 FREESE Via NICHOLS The bridge alternative solution would utilize a single span bridge, which would pass the 25-year, 50-year, and 100-yr storm event without overtopping the roadway. Both cost estimates have a high amount of uncertainty. As the selected design develops, the cost estimate will be re-evaluated and adjusted. It should be noted that these recommendations were developed based on the initial hydraulic modeling, but the sediment transport analysis and detailed design will be completed during the next design phases, at which point the details and specific sizing may be adjusted to best meet the Town's needs. [WLB21160] T:\3.0 DESIGN\3.04 Design-Rpts OPINION OF PROBABLE CONSTRUCTION COST Woodfield Way Culvert Replacement 5/21/2021 City of Wilkesboro 1182 Conceptual Alternatives 113rvan Dick Lydia Ward WLB21160 ALTERNATIVE 1A - 10'x10" BOX CULVERTS 1 Construction Entrance 1 EA $ 5,000.00 $ 5,000 2 Silt Fence 800 LF $ 5.00 $ 4,000 3 Stream Flow Pump Around Diversion 1 EA $ 50,000.00 $ 50,000 4 Earthwork (Fill) 5200 CY $ 50.00 $ 260,000 5 Asphalt Base Course 700 TON $ 35.00 $ 24,500 6 Asphalt 700 TON $ 150.00 $ 105,000 7 Concrete [2 - 10' x 10' Box Culverts & 1 - 10' x 8' Floodplain Culvert] 475 CY $ 950.00 $ 451,250 8 Headwall/Endwall 56 CY $ 950.00 $ 53,200 9 Wingwalls 30 CY $ 950.00 $ 28,500 10 Grouting and Sealing 1 LS $ 10,000.00 $ 10,000 11 Coir Matting 600 SY $ 5.00 $ 3,000 12 Riprap Bank Protection 20 TN $ 100.00 $ 2,000 13 Seeding 1 LS $ 5,000.00 $ 5,000 14 Bank Stabilization 1 LS $ 50,000.00 $ 50,000 SUBTOTAL $ 1,051,450 • 1'. SUBTOTAL $ 1,366,885 •: • SUBTOTAL $ 1,435,229 COST ESCALATION FACTOR 2.1% $ 35,565 The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. 0pinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. NOTES: 1 FNI OPCC classified as an AACE Class 4 Estimate with accuracy range or -20 to + 30. 2 FNI OPCC does not include costs associated with engineering fees, permits, surveying, etc. Page 1 of 1 OPINION OF PROBABLE CONSTRUCTION COST Lydia Ward WLB21160 _ DESCRIPTION QUANTITY UNIT - BRIDGE REPLACEMENT 1 Construction Entrance 1 EA $ 5,000.00 $ 5,000 2 Silt Fence 800 LF $ 5.00 $ 4,000 3 Stream Flow Pump Around Diversion 1 EA $ 50,000.00 $ 50,000 4 Earthwork (Fill) 3000 CY $ 50.00 $ 150,000 5 Asphalt Base Course 700 TON $ 35.00 $ 24,500 6 Asphalt 700 TON $ 150.00 $ 105,000 7 Bridge 3740 SF $ 117.00 $ 437,580 8 Bridge Approach Slab 2 EA $ 60,000.00 $ 120,000 9 Coir Matting 600 SY $ 5.00 $ 3,000 10 Riprap Bank Protection 10 TON $ 100.00 $ 1,000 11 Seeding 1 LS $ 5,000.00 $ 5,000 12 Bank Stabilization 1 LS $ 50,000.00 $ 50,000 13 Additional Structural Bridge Design 1 LS $ 65,000.00 $ 65,000 SUBTOTAL $ 1,020,080 • 1. 1 SUBTOTAL $ 1,326,104 MOBILIZATION1 SUBTOTAL $ 1,392,409 • 1 COST ESCALATION FACTOR 2.1% $ 34,504 PROJECT•TAL (2022 COSTS) The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. 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Dear Jason Steele: The U.S. Fish and Wildlife Service (Service) received on February 22, 2021 your effects determination for the 'Woodfield Drive Culvert Replacement' (the Action) using the northern long-eared bat (Myotis septentrionalis) key within the Information for Planning and Consultation (IPaC) system. You indicated that no Federal agencies are involved in funding or authorizing this Action. This IPaC key assists users in determining whether a non -Federal action may cause "take"Lil of the northern long-eared bat that is prohibited under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.). Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. Please report to our office any changes to the information about the Action that you entered into IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick northern long-eared bats that are found during Action implementation. If your Action proceeds as described and no additional information about the Action's effects on species protected under the ESA becomes available, no further coordination with the Service is required with respect to the northern long-eared bat. The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species that also may occur in your Action area: • Bog Turtle Clemmys muhlenbergii Similarity of Appearance (Threatened) • Gray Bat Myotis grisescens Endangered 02/22/2021 IPaC Record Locator: 197-99502534 You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. [1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct [ESA Section 3(19)]. 02/22/2021 IPaC Record Locator: 197-99502534 3 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Woodfield Drive Culvert Replacement 2. Description The following description was provided for the project 'Woodfield Drive Culvert Replacement': The culvert under woodfield drive had a catastrophic failure, resulting in road closure, necessitating the construction of a new crossing (type undetermined) and bank stabilization. Approximate location of the project can be viewed in Google Maps: https://www.google.com/ maps/P36.121718200000004,-81.15488978870911,14z Determination Key Result This non -Federal Action may affect the northern long-eared bat; however, any take of this species that may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR §17.40(o). Determination Key Description: Northern Long-eared Bat 4(d) Rule This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision. This key is intended for actions that may affect the threatened northern long-eared bat. The purpose of the key for non -Federal actions is to assist determinations as to whether proposed actions are excepted from take prohibitions under the northern long-eared bat 4(d) rule. If a non -Federal action may cause prohibited take of northern long-eared bats or other ESA -listed animal species, we recommend that you coordinate with the Service. 02/22/2021 IPaC Record Locator: 197-99502534 4 Determination Key Result Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Qualification Interview 1. Is the action authorized, funded, or being carried out by a Federal agency? No 2. Will your activity purposefully Take northern long-eared bats? No 3. [Semantic] Is the project action area located wholly outside the White -nose Syndrome Zone? Automatically answered No 4. Have you contacted the appropriate agency to determine if your project is near a known hibernaculum or maternity roost tree? Location information for northern long-eared bat hibernacula is generally kept in state Natural Heritage Inventory databases — the availability of this data varies state -by -state. Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited. A web page with links to state Natural Heritage Inventory databases and other sources of information on the locations of northern long- eared bat roost trees and hibernacula is available at www.fws.gov/midwest/endangered/ mammals/nleb/nhisites.html. Yes Will the action affect a cave or mine where northern long-eared bats are known to hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or other alteration) of a hibernaculum? No 6. Will the action involve Tree Removal? Im 02/22/2021 IPaC Record Locator: 197-99502534 Project Questionnaire If the project includes forest conversion, report the appropriate acreages below. Otherwise, type `0' in questions 1-3. 1. Estimated total acres of forest conversion: 0 2. If known, estimated acres of forest conversion from April 1 to October 31 0 3. If known, estimated acres of forest conversion from June 1 to July 31 0 If the project includes timber harvest, report the appropriate acreages below. Otherwise, type `0' in questions 4-6. 4. Estimated total acres of timber harvest 0 5. If known, estimated acres of timber harvest from April 1 to October 31 0 6. If known, estimated acres of timber harvest from June 1 to July 31 0 If the project includes prescribed fire, report the appropriate acreages below. Otherwise, type `0' in questions 7-9. 7. Estimated total acres of prescribed fire 0 8. If known, estimated acres of prescribed fire from April 1 to October 31 0 9. If known, estimated acres of prescribed fire from June 1 to July 31 0 If the project includes new wind turbines, report the megawatts of wind capacity below. Otherwise, type `0' in question 10. 10. What is the estimated wind capacity (in megawatts) of the new turbine(s)? 0 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.p,ov/nc-es/es/coupiyfr.html In Reply Refer To: February 22, 2021 Consultation Code: 04EN1000-2021-SLI-0350 Event Code: 04EN1000-2021-E-00792 Project Name: Woodfield Drive Culvert Replacement Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) —Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" — species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmis/project review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 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. 02/22/2021 Event Code: 04EN1000-2021-E-00792 Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-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/windenerg_y/) 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/CurrentBirdlssues/Hazards/towers/towers.htm; http://www.towerkill.com; andhttp://www.fws.gov/migratoDbirds/CurrentBirdlssues/Hazards/ towers/comtow.html. 02/22/2021 Event Code: 04EN1000-2021-E-00792 3 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 02/22/2021 Event Code: 04EN1000-2021-E-00792 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 02/22/2021 Event Code: 04EN1000-2021-E-00792 2 Project Summary Consultation Code: 04EN1000-2021-SLI-0350 Event Code: 04EN1000-2021-E-00792 Project Name: Woodfield Drive Culvert Replacement Project Type: TRANSPORTATION Project Description: The culvert under woodfield drive had a catastrophic failure, resulting in road closure, necessitating the construction of a new crossing (type undetermined) and bank stabilization. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www. google.com/maps/(a)36.121718200000004,-81.15488978870911,14z Counties: Wilkes County, North Carolina 02/22/2021 Event Code: 04EN1000-2021-E-00792 3 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 Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Gray Bat Myotis grisescens Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Reptiles NAME STATUS Bog Turtle Clemmys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https:Hecos.fws.gov/ecp/species/6962 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 02/22/2021 Event Code: 04EN1000-2021-E-00792 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 to Aug This is a Bird of Conservation Concern (BCC) throughout its range in the 20 continental USA and Alaska. Golden -winged Warbler Vermivora chrysoptera Breeds May 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the 20 continental USA and Alaska. https:Hecos.fws.gov/ecp/species/8745 Prairie Warbler Dendroica discolor Breeds May 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the 31 continental USA and Alaska. 02/22/2021 Event Code: 04EN1000-2021-E-00792 2 NAME Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Yellow -bellied Sapsucker sphyrapicus varius This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/8792 Probability Of Presence Summary BREEDING SEASON Breeds elsewhere Breeds May 10 to Aug 31 Breeds May 10 to Jul 15 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. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) 02/22/2021 Event Code: 04EN1000-2021-E-00792 3 Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 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. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Eastern Whip -poor- +—+— ---Jill "� +— — ---- -- Will + ---- ++—+ —�-- +--- BCC Rangewide (CON) Golden -winged + +— — — —+Warbler BCC Rangewide (CON) Prairie Warbler BCC Rangewide — — — - -- (CON) Rusty Blackbird BCC Rangewide +�+� ���+ (CON) Wood Thrush Rangewide ' 1 lill Ill— (CON)BCC Yellow -bellied Sapsucker +'+''­' --'— ++—+ +---- ' ---� �� —� i l l BCC -BCR Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.DhD 02/22/2021 Event Code: 04EN1000-2021-E-00792 4 • 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/migrator3Lbirds/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 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 (BQQ 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. 02/22/2021 Event Code: 04EN1000-2021-E-00792 How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can 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 02/22/2021 Event Code: 04EN1000-2021-E-00792 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. 02/22/2021 Event Code: 04EN1000-2021-E-00792 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 • R3UBH 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.p,ov/nc-es/es/coupiyfr.html In Reply Refer To: February 22, 2021 Consultation Code: 04EN1000-2021-SLI-0350 Event Code: 04EN1000-2021-E-00792 Project Name: Woodfield Drive Culvert Replacement Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) —Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" — species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmis/project review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 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. 02/22/2021 Event Code: 04EN1000-2021-E-00792 Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-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/windenerg_y/) 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/CurrentBirdlssues/Hazards/towers/towers.htm; http://www.towerkill.com; andhttp://www.fws.gov/migratoDbirds/CurrentBirdlssues/Hazards/ towers/comtow.html. 02/22/2021 Event Code: 04EN1000-2021-E-00792 3 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 02/22/2021 Event Code: 04EN1000-2021-E-00792 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 02/22/2021 Event Code: 04EN1000-2021-E-00792 2 Project Summary Consultation Code: 04EN1000-2021-SLI-0350 Event Code: 04EN1000-2021-E-00792 Project Name: Woodfield Drive Culvert Replacement Project Type: TRANSPORTATION Project Description: The culvert under woodfield drive had a catastrophic failure, resulting in road closure, necessitating the construction of a new crossing (type undetermined) and bank stabilization. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www. google.com/maps/(a)36.121718200000004,-81.15488978870911,14z Counties: Wilkes County, North Carolina 02/22/2021 Event Code: 04EN1000-2021-E-00792 3 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 Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Gray Bat Myotis grisescens Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Reptiles NAME STATUS Bog Turtle Clemmys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https:Hecos.fws.gov/ecp/species/6962 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 02/22/2021 Event Code: 04EN1000-2021-E-00792 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 to Aug This is a Bird of Conservation Concern (BCC) throughout its range in the 20 continental USA and Alaska. Golden -winged Warbler Vermivora chrysoptera Breeds May 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the 20 continental USA and Alaska. https:Hecos.fws.gov/ecp/species/8745 Prairie Warbler Dendroica discolor Breeds May 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the 31 continental USA and Alaska. 02/22/2021 Event Code: 04EN1000-2021-E-00792 2 NAME Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Yellow -bellied Sapsucker sphyrapicus varius This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/8792 Probability Of Presence Summary BREEDING SEASON Breeds elsewhere Breeds May 10 to Aug 31 Breeds May 10 to Jul 15 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. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) 02/22/2021 Event Code: 04EN1000-2021-E-00792 3 Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 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. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Eastern Whip -poor- +—+— ---Jill "� +— — ---- -- Will + ---- ++—+ —�-- +--- BCC Rangewide (CON) Golden -winged + +— — — —+Warbler BCC Rangewide (CON) Prairie Warbler BCC Rangewide — — — - -- (CON) Rusty Blackbird BCC Rangewide +�+� ���+ (CON) Wood Thrush Rangewide ' 1 lill Ill— (CON)BCC Yellow -bellied Sapsucker +'+''­' --'— ++—+ +---- ' ---� �� —� i l l BCC -BCR Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.DhD 02/22/2021 Event Code: 04EN1000-2021-E-00792 4 • 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/migrator3Lbirds/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 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 (BQQ 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. 02/22/2021 Event Code: 04EN1000-2021-E-00792 How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can 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 02/22/2021 Event Code: 04EN1000-2021-E-00792 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. 02/22/2021 Event Code: 04EN1000-2021-E-00792 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 • R3UBH monew NC DEPARTMENT OF -r e on-r ■n NATURAL AND CULTURAL RESOURCES ■ ■Tx■ February 22, 2021 Jason Steele Freese and Nichols, Inc. 531 North Liberty St Winston-Salem, NC 27101 RE: Woodfield Drive Culvert Replacement Dear Jason Steele: Ray Cooper, Governor D. Reid Wilsan, Secretary Waiter Clark Director, division of Land and Water Stewardship NCNHDE-14020 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 W JON S STREET. RALEIGI I_ NC 27603 - 16Sl MA11L SERVICE CENTER. PALEIGW. rkc 276�0 OFC 919.707.9120 • FAK 919.707.9121 / \ \ z $ ƒ \ / \ 0 \ c v C\ , § 3= \ \\ » t t t G : E e e e \ 2 E E E : e = O \ e 0 0 0 \ § 3 3 3 > > t 4 0 0 0 &: \ O a a a E \ 0 �CO n �\ se&g © e 2 o a CO\/ C3 ± ƒ eed© 4 ƒ ` CO\ > a 2 ) x5xu u \ 1) 0 \ 0 \ % m > / \ c 4 / \\ OE \ \ / o \ o U- 4 / 0 0 4 / / / 2 \\ / \ \ ee/ \ 2 0 5 y 0 x t x % 2 / CO\ ® \/\ �z . o 000 \ E \ D \ 3+ \ \ \ \ \ \ ` \ j: \ \ CO E » \\ \ \ c E E\ E CO } E/ e s § /© H 3 LE ° s \ CO \ \\ CO\ E LE ± \CO : ± g \ \ CO \ \ \ ± E \ U 2 CO / t / % / 2 / CO \ / \ O / O \ uo / \ \ \ \ \ CL x\ \ 0 4 \ / \ \ \ t 4 4 \ \ \ O \ \ / \ 0) \ \ \ \ / 3 CO Z CO CO \ \ \ 2 0 0 CO m o 0 0` Z Z x x e e e \/ § \ c 0 r' 3 - - Y 5 o F •6�i�n FEG � '� t 9 r �+ d q ` a Leo' 1 'J 1 wrr P .. � .i •.IN:.d )� �fv ��- ® •. Wnoa9eN 7NaY L 7 �rA1V^pH I i.y 4rea'P•' A 8 i Ktl ws �� 3 L, LLI m a U � U cm O 0 d N 0 m � [U OL j N a m LL ❑❑0- M 0 M w CD a Jason Steele From: laserfiche@ncdenr.gov Sent: Friday, May 28, 2021 00:01 To: Jason Steele Cc: sue.homewood@ncdenr.gov Subject: Pre -Filing Time Clock has been reached for Woodfield Way Culvert Replacement Project - 20210852 Ver 1 Attachments: DWR Pre -Filing Meeting Request Form.pdf This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Woodfield Way Culvert Replacement Project that you submitted on 4/27/2021. The ID number for that project is 20210852, Version 1. Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be accepted. When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. Internal Use only: Non Transportation D# * 20210852 Version* 1 Regional Office * Winston-Salem Regional Office - (336) 776-9800 Reviewer List* Sue Homewood Pre -Filing Meeting Request submitted 4/27/2021 Contact Name* Jason Steele Contact Email Address* Jason.Steele@freese.com Project Name* Woodfield Way Culvert Replacement Project Project Owner* Town of Wilkesboro (Attn: Brian Severt) Project County* Wilkes Owner Address: Street Address 1302 North Collegiate Drive Address Line 2 aty State / Province / Pegion Wilkesboro NC Postal / Zip axle Country 28697 USA Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: * 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express * Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below and include location information.* Cub Creek, which flows under Woodfield Way (see attached mapping), was conveyed via twin 72" culverts, which collapsed in 2020, resulting in a collapse of the Woodfield Way roadway (see attached photographs). The banks directly upstream and downstream of the culvert area were destabilized due to the collapsed culverts, requiring stabilization in addition to the replacement of the road crossing. Location: Woodfield Way, Wilkesboro, NC 36.121716,-81.154976 By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Jaig ft-ff-G Submittal Date 4/27/2021