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HomeMy WebLinkAbout20221485 Ver 1_401 Application_20221025Staff Review Form NORTH CAROLINA Envlronm¢ntcl Qvofiry Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20221485 Version* 1 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office: * Submittal Type:* Yes • No Sue Homewood:eads\slhomewood Winston-Salem Regional Office - (336) 776-9800 401 Application Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 8/30/2022 Project Contact Information Name: Heather LaGamba Who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information ................................... Project Name: Lyndon Steel Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Forsyth Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 7571.1_Lyndon Steel PCN_10.25.22.pdf 3.25MB Only pdf or kmz files are accepted. Describe the attachments or comments: PCN for 401 WQC Sign and Submit ............................................................................................................................................................................................................................ By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: rif 00. �Zaf. Submittal Date: Is filled in automatically. t n I.. NORTH CAROLINA Environmental Quality Wa ter Resources Office Use Only Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.044627' Longitude (DD.DDDDDD): 80.139550' Form Version 1.5, September 2020 Pre -Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk * are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https:Hedocs.deg.nc.govMaterResources/0/edocl6247041PCN%2OHelp%2OFile%202018-1-30.pdf The help document may be found at this link: http://www.saw. usace.army. mi I/Missions/Regu latory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 4/28/2022 DWR ID # Version (If applicable) A. Processing Information County (counties) where project is located: Forsyth Additional (if needed). Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes 0 No or airport project) Is this a NCDOT project? ❑ Yes 0 No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to enter. 0 Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Page 1 of 21 PCN Form - Version 1.5, September 2020 0 Nationwide Permit (NWP) 1 b. Permit type(s)? ❑ Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as separate attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes 0 No NWP number(s): NWP 18 RGP number(s): Click to enter. 1d. Type(s) of approval sought from the DWR (check all that apply): 0 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: ❑ Yes 0 No For the record only for Corps Permit: ❑ Yes 0 No 1f. Is this an after -the -fact permit/certification application? ❑ Yes 0 No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ❑ Yes 0 No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ❑ Yes 0 No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? ❑ Yes 0 No ❑ Unknown 1j. Is the project located in a designated trout watershed? ❑ Yes 0 No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 21 PCN Form - Version 1.5, September 2020 B. Applicant Information 1a. Who is the primary contact? Daniel Maiden 1 b. Primary Contact Email: dmaiden@lyndonsteel.com 1 c. Primary Contact Phone: (###)###-#### (336) 293-0316 1 d. Who is applying for the permit/certification? (check all that apply) ® Owner ❑ Applicant (other than owner) 1 e. Is there an agent/consultant for this project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: Lyndon Steel, LLC 2b. Deed Book and Page No.: 2801-1768 2c. Responsible Party (for corporations): Daniel Maiden 2d. Address Street Address: 1947 Union Cross Road Address line 2: slick to enter. City: Winston-Salem State/ Province/ Region: North Carolina Postal/ Zip Code: 27107 Country: U.S. 2e. Telephone Number: * (###)###-#### (336) 293-0316 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: dmaiden@lyndonsteel.com 3. Applicant Information (if different from owner) 3a. Name: Click to enter. 3b. Business Name (if applicable): Click to enter. 3c. Address: Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: " (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. Page 3 of 21 PCN Form - Version 1.5, September 2020 3f. Email Address: Click to enter. 4. Agent/ Consultant (if applicable) 4a. Name: * Catherine L. Carston 4b. Business Name: Pilot Environmental, Inc. 4c. Address: * Street Address: PO Box 128 Address line 2: Click to enter. City: Kernersville State/ Province/ Region: NC Postal/ Zip Code: 27285 Country: U.S. 4d. Telephone Number: * (###)###-#### (336) 310-4527 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: * ccarston@pilotenviro.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 4 of 21 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information la. Name of project: * Lyndon Steel 1 b. Subdivision name (if appropriate): Click to enter. 1 c. Nearest municipality/town: * Winston-Salem, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 6863-37-1136.00 and 6863-37-4244.00 2b. Property size (in acres): 4.86 2c. Project Address: Street Address: 1947 Union Cross Road Address line 2: Click to ente, City: Winston-Salem State/ Province/ Region: NC Postal/ Zip Code: 27107 Country: U.S. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): 35.044627' Longitude (-DD.DDDDDD):-80.139550' 3. Surface Waters 3a. Name of nearest body of water to proposed project: Sawmill Branch 3b. Water Resources Classification of nearest receiving Class C water: The Surface Water Classification map may be found at this link: https:Hncdenr. maps.arcqis.com/apps/webappviewer/index. html?id=6el 25ad7628f494694e259c8Odd64265 Yadkin-PeeDee 3c. In what river basin(s) is your project located? Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030401011307 located: The Find Your HUC map may be found at this link: https:Hncdenr.maps.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 5 of 21 PCN Form - Version 1.5, September 2020 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is developed with a steel manufacturing and fabrication facility and wooded land. The site is located in a residential/commercial area of Winston-Salem. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes 0 No ❑ Unknown project (including all prior phases) in the past? 4c. If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): jClick to enter.] Attach any pertinent project history documentation 4d. Attach an 8'/ x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'/ x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0.029 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 0 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed project is the expansion of a gravel Iaydown yard, truck and vehicular access drives and associated parking areas for the existing Lyndon Steel manufacturing and fabrication facility. 4i. Describe the overall project in detail, including the type of equipment to be used: * The overall project includes the expansion of a gravel Iaydown yard, truck and vehicular access drives and associated parking areas adjacent to the existing Lyndon Steel. In order to facilitate the proposed development, it is necessary to impact a wetland. To facilitate the development of the site, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during grading and construction of the site. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: The site was delineated by Pilot Environmental on February 21, 2022. The site was verified by Ms. Samantha Dailey with the USACE and an e-mail was issued (Corps Action ID SAW- 2022-00986, dated 5/5/2022) confirming the delineation. The USACE concurred with the delineation as depicted on Drawing 5 (attached). Name (if known): David Brame/Michael Brame 5b. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Pilot Environmental areas? Other: ';lick to enter 5c. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved 0 Emailed Concurrence what type of determination was made? ❑ Not Verified ❑ Unknown Corps AID number (ex. SAW-0000-00000): SAW-2022-00986 Page 6 of 21 PCN Form - Version 1.5, September 2020 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. USACE — May 5, 2022 E-mail concurrence 5d1. Attach jurisdictional determinations. Page 7 of 21 PCN Form - Version 1.5, September 2020 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X No 6b. If yes, explain. ^,lick to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No other permits are intended to be used. Page 8 of 21 PCN Form - Version 1.5, September 2020 D. Proposed Impacts Inventory Impacts Summary 0 Wetlands ❑ Streams - tributaries la. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. 2a1. 2b. 2c. 2d. 2e. 2f. 2g. Site #* Impact Impact Wetland Name* Wetland Type* Forested Jurisdiction Impact Area Reason/Type* Duration* ?* Type* (ac)* W1 Fill (Incl. Permanent WA Bottomland Yes Both 0.029 Riprap) Hardwood Forest W2 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W3 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W4 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W5 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter W6 Choose one Temp/ Click to enter Choose one Y/N Choose one Click to Perm enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.029 ac 2g3. Total wetland impacts 0.029 ac 2h. Comments: Wetland Impact #1 will permanently fill 0.029 acre wetlands. Temporary impacts to wetlands are not proposed. Mitigation is not proposed for permanent wetland impacts. Page 9 of 21 PCN Form - Version 1.5, September 2020 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site # 3a. Impact Reason/ Type 3b. Impact Duration 3d. Stream Name- 3e. Stream Type 3f. Jurisdiction Type 3g. Stream Width (avg ft) 3h. Impact length (linear ft) S1 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S2 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S3 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S4 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S5 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S6 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S7 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S8 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S9 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S10 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S11 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S12 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S13 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S14 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S15 Choose one- Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 3i2. Total permanent stream impacts: Click to enter. linear ft M. Total temporary stream impacts: Click to enter. linear ft 3i4. Total stream and ditch impacts: Click to enter. linear ft 3j. Comments: Streams impacts are not proposed. Page 10 of 21 PCN Form - Version 1.5, September 2020 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. 4b. 4c. 4d. 4e. 4e1. 4f. Site # Impact Reason/ Impact Waterbody Name Waterbody Jurisdiction Impact area (ac)' Type Duration Type* Type* 01 Choose one hemp/ Click to enter. Choose one Choose one Click to enter. Perm 02 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 03 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 04 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click tt. Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Pond or lake construction is not proposed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 21 PCN Form - Version 1.5, September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 132 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 133 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 134 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 135 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 136 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 137 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 138 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 139 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6i. Comments: Buffer impacts are not proposed. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 21 PCN Form - Version 1.5, September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The site is an existing steel manufacturing and fabrication facility whose business model relies on geographic location to an existing customer base and vendors for raw materials. The applicant evaluated relocating its existing facility; however, it is not practical nor realistic given the lack the available properties within the same geographic location and the costs and logistics involved in relocation. The applicant evaluated avoiding impacts to wetlands; however, avoiding impact to wetlands would present safety concerns for material storage, loading and shipping based on the lengths and sizes of the products being produced. Existing safety concerns including lack of appropriate areas for storage, loading and transport of raw materials and produced goods and lack of segregation between tractor trailer traffic and vehicular/pedestrian traffic. The expansion of the gravel storage yard as proposed is necessary to provide safety and operational efficiencies for the applicant. The wetland proposed to be impact is directly influenced from urban, un-treated surface water runoff. The wetland is narrow in width and contains few woody species. While the wetland has forested buffers, the forested buffers and wetland lack diversity of species and are generally dominated by invasive species. The wetland has very little storage capacity and has been degraded by urban stressors including excess sediment accumulations. Based on our observations, the wetland is low to moderate quality. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The impact limits will be cleared and graded. Silt fence, sediment basins and other Best Management Practices (BMPs) will be utilized during construction to prevent sediment from running off the site and impacting down -gradient surface waters and wetlands. Following construction, the proposed project will utilize a post construction stormwater system that will improve existing water quality conditions. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? ❑ DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? * (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Mitigation is not proposed. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet Page 13 of 21 PCN Form - Version 1.5, September 2020 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https:Hribits.usace.army.miI/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including the amount of mitigation proposed. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes X No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact (square Multiplier Required mitigation feet) (square feet) Zone 1 c;iicic to enter. c;iick to enter. Choose one Click to enter. Zone 2 slick to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes X No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 14 of 21 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes 0 No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here: Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? ❑ Yes 0 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ❑ Yes 0 No To look up low density requirements, click here: http://reports.oah.state.nc. us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. IS the project over an acre? 0 Yes ❑ No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- 0 Yes ❑ No approved local government stormwater program? Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2e. Which of the following stormwater management program(s) apply? 0 Local Government (Check all that apply) ❑ State If you have local government approval, please include the SMP on their overall impact map. Page 15 of 21 PCN Form - Version 1.5, September 2020 x❑ Phase II ❑ USMP Local Government Stormwater Programs ❑ NSW ❑ Water Supply Please identify which local government stormwater program you are using. Winston-Salem ❑ Phase II ❑ HQW or ORW State Stormwater Programs ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 16 of 21 PCN Form - Version 1.5, September 2020 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the use of public (federal/state) land? * 1 b. 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 El Yes El No Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: A NEPA or SEPA is not required. 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), DWR Surface Water or Wetland Standards or Riparian Buffer Rules El Yes ❑x No (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes Z No downstream water quality? 3b. If you answered "no", provide a short narrative description: Additional development as a result of the proposed development is not anticipated. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? I ❑ Yes X No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The proposed project will not increase or generate additional wastewater. Page 17 of 21 PCN Form - Version 1.5, September 2020 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected 0 Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes 0 No Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ;hoose one 5d. Is another federal agency involved? ❑ Yes 0 No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes 0 No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ®Yes El No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes 0 No Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? El Yes 0 No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdo 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes 0 No mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdo 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Department of the Interior — Fish and Wildlife Service Official Species List from IPaC 4 listed species are identified on the IPaC report (attached). Tricolored bat, bog turtle, monarch butterfly and Schweinitz's sunflower are federally listed species. There will be tree clearing required on the site. Potential habitat for bog turtle, monarch butterfly and Schweinitz's sunflower are not located in or within 100 feet the proposed project impact areas. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? ❑ Yes 0 No Are there submerged aquatic vegetation (SAV) around the project vicinity? El Yes 0 No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes 0 No ❑ Unknown Explain: Click to enter. Page 18 of 21 PCN Form - Version 1.5, September 2020 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper — NOAA Fisheries Page 19 of 21 PCN Form - Version 1.5, September 2020 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://qis.ncdcr.gov/hpoweb/ 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 (e.g., National Historic Trust designation or El Yes x❑ No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? NC Historic Preservation Office's HPOWEB 2.0. Historic properties were not identified on the site. A study listed property is located adjacent to the site. A copy of the SHPO Map is included as an attachment. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https:Hmsc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑ Yes Z No 8b. If yes, explain how the project meets FEMA requirements. Click to enter. 8c. What source(s) did you use to make the floodplain determination? National Flood Hazard Layer froom FEMA Web Map Service — Drawing 4 (Attached) Page 20 of 21 PCN Form - Version 1.5, September 2020 H. Miscellaneous Comments: Please let me know if you need additional information in order to process this application. Attach pertinent documentation or attachments not previously requested I. Signature * X By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: Catherine L. Carston Signature: 10/25/22 Page 21 of 21 PCN Form - Version 1.5, September 2020 Proposal for Environmental Services Pilot Proposal 7571.1 April21, 2022 AGENT AUTHORIZATION This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: S- Mn D A; dl\. C re 5-3 l2 WrnS c; " A ���L 'g7 07 Applicant Information: Name: L ynJoA S-1 eel L L C Address: (� ! LA A ,'0°1 (,AJS_S XJ 6/1 56)el-, , V L O?7/0 Telephone Number: b o! �_63U_ `�Jb Fax Number: 36 / ff S _ SO __K� E-mail Address: d-M Jfit t yJvttC +ee`' c A� Signature: Date:�1� 121 8£ULZ ON H313NS 3,H3S 31Va ON 133NONd w0D n=6ua-paNemmmNduu N 9888-09L (9££) xe1 LL£ZS9L (9££) aNsNd £OLLZ VNNOlV3 NINON'W3IVS-NOISNIM OVOI THIN N31S3NII OZLb ONIA021ns ONVi•ONN33NION311013 •oui 'u61s0a Pe!IIv FIRM LICENSE C-1891 VNI1ObVO H1bON 1W3-1VS-NO±SNIM OVOb SSObO NOINf Lb61- O V NMOO) V1 ONV SS3OOV Novel M3N NV1d 1N2WdO12A2d 1VNId -221S NOONA1 95Er 099i HO33SOS7VE65I Sd,6E4 801 3NN077/1/11y Z ON HO13NS °�L �Wos `dNI-10bJVO H1bON 'W3-lVS-NOlSNIM ZZOM/ /90 31V0 8£O-/z ON1O3rOld CIVOb SSObO NOINn Lb6t u,olti�=6ua�allleMMM�/duu w 9000U9L i9££i :%mod Qyy� NMO4J.`d-aMd SS3oovd iomji M3N LL£ZS9Li9££) euoyd Z 9lLZVN1,0 VJ H1 ON WI NNS s0A 0 M w iOVd W l d WiE1M OV021//IW 2131S3N OZLb U -oul' bisa�� PallIAO 1v �E]El1S NOGNAI �ou� 'u6isaa paipy LL i �0000� 1-1 0�°� 0°U� 0 0 WW o z womoLu F F m aw2F • wrn `� 0C,00 aDrn0 I o Oo���o I o _'o Ooo 0 �j0 0� o I U� > Oo� Oo� Qo I I I � >Oo�C��c� 0 0 0 O O�Oo��o ��Ooo I oo 0��000�> h I-JDD 0"��U0 OD �0��O 0 1 0 0� O�Ooo 0 O�OoO�Oooc �000�00�0 �o no o�� o �o ����o�Lj �w 0 0 0 __� 'o Quo �tw Rr o° o° o°� �� �° 0° ' o I0 0 . c o OPDck 0 0 0 0 0 oI 10 0 ;. o 6��o��oo,� > o\o o���oo�( �00 0 o Q ro ro 0 0 0 0 d� o� �o o ro o o � o 0 Od �00 0 0 0 00 OoOOOo' ' l0' 0 0 �����0 �Oo��O�O�, o o�� o 0 0 0 0 0 0 0 0 0 0 0 0 0�0� o o�oo 0 0 0� \� 0�0�Oyo�o� o�o�o 00 0D0 0 0 0 0 0 0 I —A �r�A�r�n �. Catherine Carston From: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil> Sent: Thursday, May 5, 2022 3:17 PM To: Catherine Carston Subject: JD CONCURRENCE: SAW-2022-00986 / 1947 Union Cross Road / Winston-Salem, Forsyth County Good afternoon Catherine, Reference is made to Corps Action ID: SAW-2022-00986 for the above referenced project. Please reference this number on any correspondence regarding this action. We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the delineation map entitled, "Drawing 5 - Wetland Map" and dated 2/24/2022. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256 provides guidance for Jurisdictional Determinations (JD) and states, "The Corps generally does not issue a JD of any type where no JD has been requested." Currently, we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. **Due to workload volume, it may take 90 -120 days or more for the issuance of a standalone JD; however, you may use the delineation for planning and permitting purposes. Please let me know if you have any questions. Best Regards, Sam Samantha Dailey U.S. Army Corps of Engineers Wilmington District, Regulatory Division, Raleigh Field Office Email: Samantha.J.Dailey@usace.army.mil Phone: (304) 617-4915 WO WIMW67 :j IN I VCP I. r -.A -I&. -- .- Drawing 2 USDA Web Soil Survey of Forsyth County, NC `'=.'`V X. r Scale: 1" = 200' YilJl ky' Y.V vakN l.a 1. ihG N LEGEND Site Boundary Web Soil Map Union Cross Road Approximate 4.86-Acre Tract Winston Salem, Forsyth County, NC Pilot Project 7571 PIRO- VnB x� 06 14119 w `r 44 fJ �' � F l -ice ,r •fp�r'1r4� Iwo W1. is r _ LEGEND Site Boundary Ip Drawing 2A Published Soil Map USDA Soil Survey Union Cross Road of Forsyth County, NC ,_ , - € Approximate 4.86-Acre Tract Published 1976, Sheet 47 - J - Winston Salem, Forsyth County, NC Not To Scale AFA Pilot Project 7571 1'i GJI k+,• kV v9 1urA N Drawing 3 USFWS NWI Wetlands Mapper Scale: 1" = 300' Yi L Q I k yv Y. V 7I4 kN Ink. hG NWI Map Union Cross Road Approximate 4.86-Acre Tract Winston Salem, Forsyth County, NC Pilot Project 7571 r d 37101 eff. 3 a1 to Z., LEGEND Site Boundary 1 %Annual Chance Flood Hazard MRegulatory Floodvay M Sped al Floodvay Area of Undetermined Flood Hazard 0.2%Annual Chance Flood Hazard Future Conditions 1%Annual Chance Flood Hazard ► Area with R educed Risk Due to Levee Drawing 4 FEMA FIRM National Flood Hazard Layer ., Union Cross Road Approximate 4.86-Acre Tract From FEMA Web Map Service Scale: 1" = 800' „r, J Winston Salem, Forsyth County, NC Pilot Project 7571 Y i L 0I k y ,• Y. V 7 I4 k N I n k. i h G WA 1-23 (0.029 ac FLAG NUP WETLAND FLAGS Wetland Flags = Total Flags = 23 � 4 LEGEND Site Boundary Wetlands WA1-5 Flag Number DP-1 O Data Point Culvert THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR THE NCDEQ-DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF JURISIDICTIONAL FEATURES. Drawing 5 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 100' Date: 2.24.22 'a 'r Yi L Q I k y,' P. V -aF4 N Ink. i hG Wetland Map Union Cross Road Approximate 4.86-Acre Tract Winston Salem, Forsyth County, NC Pilot Project 7571 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 In Reply Refer To: Project Code: 2023-0008090 Project Name: Lyndon Steel October 24, 2022 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 enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. 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 (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be 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)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 10/24/2022 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines 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. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 10/24/2022 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 10/24/2022 Project Summary Project Code: 2023-0008090 Project Name: Lyndon Steel Project Type: Commercial Development Project Description: Laydown area Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)36.045008300000006,-80.13894184058954,14z s.'r--Ipn tr13 �!t Counties: Forsyth County, North Carolina 10/24/2022 3 Endangered Species Act Species There is a total of 4 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 Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 Reptiles NAME STATUS Bog Turtle Glyptemys 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 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 10/24/2022 4 Flowering Plants NAME Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 STATUS Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 10/24/2022 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 10/24/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. 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 Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug 25 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the 10/24/2022 FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( 1) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) 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. 0 probability of presence breeding season I survey effort — no data 10/24/2022 3 SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Chimney Swift BCC Rangewide IIII 11111111 Io11 111— --+� ---- ���— (CON) BCC Rangewide — — i 1 ++++ III IIII fill--dil'—'— --+— — — — — — — — — ood Thrush (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoidins7-and-minimizins7-incidental-take-mis7ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.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 list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ 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 Rapid Avian Information Locator (RAIL) Tool. 10/24/2022 What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my 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 query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. 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. 10/24/2022 5 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 Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 10/24/2022 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA. 10/24/2022 IPaC User Contact Information Agency: Pilot Environmental, Inc. Name: Catherine Carston Address: PO Box 128 City: Kernersville State: NC Zip: 27285 Email ccarston@pilotenviro.com Phone: 3363104527 I E 0 00 N C N 0') O 0 9 0 0 O O O x Catherine Carston From: Heather LaGamba Sent: Thursday, April 28, 2022 5:07 PM To: 401 PreFile@ncdenr.gov Subject: Pre -File Notice - Lydon Steel - Union Cross Rd (7571.1) We would like to submit a Pre -filing Notice for the following project: Project Name: Lydon Steel - Union Cross Rd (7571.1) Project Owner: Lydon Steel Project Owner's Address: 1947 Union Cross Rd, Winston-Salem, NC 27107 Project County: Forsyth Type of project/Approval Sought: 401 WQC, Pre -Application Request Meeting Declined Thank you and have a wonderful day! Sincerely, Heather LaGamba 336.345.9536 (c) 336.310.4527 (o) P.O. Box 128 Kernersville, NC 27285 www.pilotenviro.com hlagamba@pilotenviro.com