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HomeMy WebLinkAbout20240940 Ver 1_PCN Support Files Binder SECCA-1_20240707www.MogMit.com MMI -Charlotte (704) 576-1111 MMI-Raleigh (919) 556-8845 MOGENSEN MITIGATION INC. ENVIRONMENTAL CONSULTING Jurisdictional Determination and Pre -Construction Notification Cover Letter SECCA Lake Dam Repair, Winston-Salem, Forsyth County NC July 5, 2024 INTRODUCTION DVM MOGENSEN MITIGATION, INC On behalf of the NC Department of Natural and Cultural Resources (DNCR), MMI Environmental Consulting is submitting this Preliminary Jurisdictional Determination (PJD) Request package and e-PCN (NWP-3) for the proposed dam repair work at the Southeastern Center for Contemporary Art (SECCA), located 3 miles northwest of downtown Winston-Salem in Forsyth County (Latitude 36.1185; Longitude-80.2911). The project site address is 750 Marguerite Dr, Winston-Salem, NC 27106. DNCR is the applicant, MMI is the consultant providing wetland delineation and environmental permitting, and Schnabel Engineering is the firm designing the repair work. SECCA Dam was constructed in the early 1900s on a small tributary of Silas Creek which is a tributary of Muddy Creek (HUC# 03040101-1306) in the Yadkin PeeDee River basin. It is a 100-foot long 12-foot high masonry dam structure impounding a 2.0 acre pond behind the SECCA Museum. The watershed area above the dam is approximately 200 acres, but only about 40 acres currently drains into the pond above the dam. Flow from the remaining 160 acres is diverted through two concrete box culverts along the pond shorelines; these discharge through stone masonry chutes into the stream channel 40 feet downstream of the dam. Two small spillways, one at each end of the dam, discharge flow from the pond into these outlet chutes. The dam structure, spillways, drain gate, and culvert outlet chutes are old and deteriorating and in need of repair or replacement. The SECCA museum property encompasses 23 acres including the historic James G. Hanes house and museum building, parking areas, dam, pond, lawn, garden, and forest areas with walking trails. The surrounding properties are single-family residential lots. POTENTIAL JURISDICTIONAL WATERS The proposed limits of disturbance (LOD) and JD review area encompass approximately 1.8 acres including the dam footprint, abutments, spillway outlet chutes below the dam, temporary access road, and staging areas. MMI scientist Gerald Pottern delineated and mapped jurisdictional waters in the JD review area on November 2, 2022, following 0.7 inches of rainfall during the preceding 2 days and 4.5 inches during the preceding month (Octoberl to November 1). Potential jurisdictional waters in the JD review area include the lake pool (open waters) and a perennial stream downstream of the northern spillway chute (Table 1). The southern spillway chute flows across bedrock for approximately 8 feet to the point where it joins the perennial stream. There is no distinct Environmental Field Studies ■ Wetland & Stream Delineation ■ 404-401 Permits ■ Mitigation Plans & Banking MOGENSEN MITIGATION INC. channel bed, bank, or ordinary high water mark (OHWM) below the southern spillway chute. This drainageway is not a jurisdictional water, and flow appears to be ephemeral. The perennial stream is approximately 15 feet wide between the ends of the two spillway chutes, with a substrate of bedrock, gravel and sand. Ten feet downstream it narrows to average width of 8 feet and flows westward off -site. There is also a small seepage through the drain gate near the middle of the dam onto bedrock between the two chutes, but this is a result of dam deterioration and is not a wetland seep. MMI found no potential wetlands in the JD review area. The USDA Web Soil Survey indicates Fairview fine sandy loam, a non-hydric soil series, throughout the project area. Table 1. ORM Upload Sheet, Aquatic Resources - Potential Jurisdictional Waters SECCA Lake Dam Repair, Forsyth County NC - Delineated 02 Nov 2022. JD Review Area = 1.8 acres Water feature name Cowardin code HGM code Length or area Waters type Latitude Longitude Waterway Stream -A R3UB -- 40 feet RPW peren 36.1187 -80.2915 UT Silas Cr Pond-B POW -- 2.0 acre impound 36.1187 -80.2913 UT Silas Cr CONSTRUCTION SEQUENCE The proposed project includes the following tasks: 1) Install temporary erosion and sediment control features as shown on the design drawings. 2) Construct the temporary access road and staging areas from the parking lot on the west side of the property southward to the dam. 3) Drain the lake and install temporary flow diversion measures as shown on the design drawings. 4) Clear and grub the 0.25 acre work area downstream of the dam and the abutment areas. 5) Repair spalls in the existing concrete masonry dam. 6) Excavate sediment in the lake bed near the low-level drain inlet. 7) Remove the old low-level drain and install a new drain valve and pipe extending approximately 8 ft farther downstream to accommodate the new dam buttress. 8) Construct a reinforced concrete buttress on the downstream face of the dam. 9) Construct a new concrete principal spillway on the right (north) abutment discharging into the box culvert. 8) Construct a new auxiliary spillway near the middle of the dam, above the drain gate. 9) Remove the old spillway at the left (south) abutment. 10) Demolish and rebuild the two diversion channel outlets. 11) Install riprap erosion protection downstream of the new auxiliary spillway. 12) repair the dam crest walkway and install hand rails. CULTURAL RESOURCES The NC State Historic Preservation Office (SHPO) database includes three historic features within 0.25 mile of the project area. The Ralph and Dewitt Chatham Hanes House (FY4276) built in 1929 is designated as "Surveyed Only" in the SHPO database. It is 700 feet east of the SECCA Dam construction area and will not be affected. NMwww.Mogmit.com Page 12 MOGENSEN MITIGATION, INC MOGENSEN MITIGATION INC. The Middleton House (FY2658) is listed in the National Register of Historic Places. It was built in 1829 in South Carolina and moved in 1930 to the current site by the Hanes family, 350 feet southwest of the SECCA Dam construction area. The house is shielded from the construction area by large trees and will not be affected. The James G. Hanes Estate (FY1060) is a SHPO Study List site built in 1932 and now incorporated as part of the SECCA Museum facility 350 feet northeast of SECCA Dam. The temporary construction access road will pass just west of this house and may require removing a few trees near the house. Please let me know if you need any further information or a site visit during your review of our application. Sincerely, Gerald Pottern, Senior Biologist Mogensen Mitigation Inc. 104 East Chestnut Ave Wake Forest NC 27587 ------------------------------------ 919-556-8845 office 919-649-6506 mobile gerald@mogmit.com DAMwww.Mogmit.com Page 13 MOGENSEN MITIGATION, INC MOGENSEN MITIGATION INC. Supporting Documents Attached The following supporting documents are included with this JD Request and e-PCN submittal: PJD-PCN Cover Letter Agent Authorization Form JD Request Form + PJD Appendix 2 ACE Wetland Determination Data Form - Upland Figure 1. Project Vicinity Map: SECCA Lake dam repair, Winston-Salem, Forsyth County NC. Figure 2. Parcel Map: Southeastern Center for Contemporary Art, from NC One Map. Figure 3. USDA Soil Mapping in the vicinity of SECCA Lake, Forsyth County, from NC One Map. Figure 4. National Wetlands Inventory Map in the vicinity of SECCA Lake, from NC One Map. Figure 5. Google Earth aerial photo of SECCA dam project area. Figure 6. Stream and drainage features facing upstream (east) from below the spillway outlets. Figure 7. Potential Jurisdictional Waters in the southern portion of the JD Review Area. Figure 8. Proposed impacts to potential Jurisdictional Waters in the SECCA Dam repair project area. Figure 9. FEMA Flood Risk Information System (FRIS) Panel # 3710681600J. Figure 10. NC historic structures from NC Historic Preservation Office, HPOWeb 2.0 Endangered & Threatened Species Biological Assessment Report FWS IPaC Letter - List of Federal Endangered & Threatened Species Nmwww.Mogmit.com Page 14 MOGENSEN MITIGATION, INC AGENT AUTHORIZATION FORM for US -ACE / NC-DEQ Permitting PROPERTY LEGAL DESCRIPTION: SECCA LO:003A BL:24150034 PARCEL ID: 6816-94-0924.000 (Forsyth County) STREET ADDRESS: 750 Marguerite Drive, Winston-Salem, NC 27699 PROPERTY OWNER: State of North Carolina The undersigned, registered property owners of the above noted property, do hereby authorize: Gerald Pottern & Richard Mo e nsen _ of Mogensen Mitigation Inc (MMIJ (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. By signing below, I authorize representatives of the U.S. Army Corps of Engineers (Corps) and NC Division of Environmental Quality (DEQ) 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 Waters Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am the duly authorized owner of record of the property identified herein. PROPERTY OWNER ADDRESS (if different than property above): Telephone: 919-814-6613 Email: erin.lawrence a_dncr.nc.gov Erin Lawrence Print Name 1 � -- Authorized Signature 1 Date: 4-15-2024 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: 750 Marguerite Dr City, State: Winston-Salem, NC 27106 County: Forsyth Parcel Index Number(s) (PIN): PIN # 6816-94-0924 B. REQUESTOR INFORMATION Name: Gerald Pottern, Mogensen Mitigation la Mailing Address: 104 East Chestnut Ave Wake Forest NC 27587 Telephone Number: 919-556-8845 Electronic Mail Address: gerald@mogmit.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: NC Dept of Natural &Cultural ResourcE Mailing Address: 4601 Mail Service Center Raleigh, NC 27699-4601 Telephone Number: (919) 814-6613 Electronic Mail Address: erin.lawrence@dncr.nc.gov 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. Erin Lawrence Print Name Capacity: ❑ Owner Z Authorized Agents 15JApril 2024 Date (agent authorization letter attached) 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) 7 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 2 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: 36.1185 Longitude:-80.2911 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than I 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 USGS Topographic Map 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: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Gerald Pottern, 104 E Chestnut Ave, Wake Forest NC27587 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: 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: Forsyth City: Winston-Salem Center coordinates of site (lat/long in degree decimal format): Lat.: 36.1185 Long.:-80.2911 Universal Transverse Mercator: Name of nearest waterbody: Silas Creek tributary, SECCA Lake E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: 15JApril 2024 ❑ 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) Str-A 36.1187 -80.2915 40 I i n .ft stream 404 Pond-B 36.1187 -79.2913 2.0 acre pond 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: USGS National Map, Google Earth aerials 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: HUC# 03040101-1306 (Muddy Creek, Yadkin)-. ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: Winston-Salem West ■❑ Natural Resources Conservation Service Soil Survey. Citation Forsyth County ■❑ National wetlands inventory map(s). Cite name: Winston-Salem West ❑ State/local wetland inventory map(s): ■❑ FEMA/FIRM maps: Forsyth Co FRIS Panel # 3710681600J ❑ 100-year Floodplain Elevation is: 828.E ft 600' w of dam (National Geodetic Vertical Datum of 1929) ❑ Photographs: ■❑ Aerial (Name & Date): Google Earth - Aug 2023 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. WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: SECCA Art Museum Dam Repair City/County: Winston-Salem, Forsyth Co Sampling Date: 01.Nov.22 Applicant/Owner: NC Dept Natural & Cultural Resources State: NC Sampling Point: UPL-1 Investigator(s): Gerald Pottern, Mogensen Mitigation Inc. Section, Township, Range: Landform (hillside, terrace, etc.): Floodplain, small creek Local relief (concave, convex, none): Slope (%): 1-3% Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 36.11876 Long:-80.29158 Datum: Soil Map Unit Name: Fairview fine sandy loam (FaC) NWI classification: UPL 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 No X Remarks: Power line ROW adjacent to floodplain wetland (W-1). Site is unusually dry; see rainfall data below 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) —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) X 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 No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Drifts deposits beside creek suggest short-term flooding, but no evidence of prolonged saturation. US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: UPL-1 Tree Stratum (Plot size: 30 x 30 ) % Cover Species? Status Dominance Test worksheet: 1. Liquidambarstyraciflua 15 Yes FAC Number of Dominant Species 2. Liriodendron tulipifera 10 Yes FACU That Are OBL, FACW, or FAC: 5 (A) 3. Quercus alba 10 Yes FACU Total Number of Dominant 4. Carya cordiformis 10 Yes FACU Species Across All Strata: 16 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 31.3% (A/B) 7. Prevalence Index worksheet: 45 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 23 20% of total cover: 9 OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 x 15 ) FACW species 10 x 2 = 20 1. Acerrubrum 10 Yes FAC FAC species 45 x 3 = 135 2. Sassafras albidum 5 No FACU FACU species 80 x 4 = 320 3. Ligustrum sinense 10 Yes FACU UPL species 35 x 5 = 175 4. Rhododendron catawbiense 10 Yes FACU Column Totals: 170 (A) 650 (B) 5. Phyllostachys aurea 15 Yes UPL Prevalence Index = B/A = 3.82 6. Rosa multiflora 5 No FACU Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is <_3.01 55 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 28 20% of total cover: 11 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 x 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Arundinaria tecta 10 Yes FACW Indicators of hydric soil and wetland hydrology must be 2. Microstegium vimineum 15 Yes FAC present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Vinca minor 10 Yes UPL 4. Solidago altissima 10 Yes FACU Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 45 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 23 20% of total cover: 9 height. Woody Vine Stratum (Plot size: 30 x 30 ) 1. Celastrus orbiculatus 5 Yes FACU 2. Toxicodendron radicans 5 Yes FAC 3. Hedera helix 5 Yes FACU 4. Pueraria montana 10 Yes UPL 5. Hydrophytic 25 =Total Cover Vegetation 50% of total cover: 13 20% of total cover: 5 Present? Yes No x Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: UPL-1 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 0-4 2.5Y 4/2 100 Loamy/Clayey 4-8 2.5Y 5/3 100 Loamy/Clayey 8-14 2.5Y 4/4 100 Loamy/Clayey Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators. Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _Coast Prairie Redox (A16) —Black Histic (A3) —Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) —Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) —Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) _Depleted Below Dark Surface (A11) _Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) —Thick Dark Surface (Al2) _ Redox Depressions (F8) _Very Shallow Dark Surface (F22) _Sandy Mucky Mineral (S1) _Iron -Manganese Masses (F12) (LRR N, _Other (Explain in Remarks) Gleyed Matrix (S4) MLRA 136) —Sandy —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): 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 FIGURES Figure 1. Project Vicinity Map: SECCA Lake dam repair, Winston-Salem, Forsyth County NC. Figure 2. Parcel Map: Southeastern Center for Contemporary Art, from NC One Map. Figure 3. USDA Soil Mapping in the vicinity of SECCA Lake, Forsyth County, from NC One Map. Figure 4. National Wetlands Inventory Map in the vicinity of SECCA Lake, from NC One Map. Figure 5. Google Earth aerial photo of SECCA dam project area. Figure 6. Stream and drainage features facing upstream from between the two dam culvert outlets. Figure 7. Potential Jurisdictional Waters in the southern portion of the JD Review Area. Figure 8. Proposed impacts to potential Jurisdictional Waters in the SECCA Dam repair project area. Figure 9. FEMA Flood Risk Information System (FRIS) Panel # 3710681600J. Figure 10. NC historic structures from NC Historic Preservation Office, HPOWeb 2.0 I Vernon AVOW I e m I I I I I I I I I e I I t9 ' — Ki arn5 AYE U I _ m 4 n � J C I U _ s a iY L L to ids 9 w fl C C 7J � voi O '. 41 L u b1 I �} u In I ' I Q ' I I od U yC ----------- Z a y.p [ O G � I Q tip j I r C 1_T4 I I ._„- O W65jeyan Lni ' w y�� e r � s ' AO OOOmOj5u3 I 7 O 'FA Pd uotfiu Ilam 73 u d fV r I - . LL ® / o_V 3§§ ///� 2220§ 22q§� i 2] \\�j LL==u i . L " e ._n qw \q±f LLLLLLo / LLLL K 2 § / LL \ ; ± [ U. 2 ) 3 2\( )\/ lu W £ ƒ § k �� 2 m & 0 \ LL. U! 2 } ° Werjeyan D � 2 2 / E k @ ^ \ a 9 _ Q ryi LLL / A =@ ¥ � � it / ng 3 _ G f f / o / ywe @ / ,O 7 ro &m_ Rd N� $ z § \ \ } u � §� j2 \{ � �E - Q k £/ Ln � �k f.. \ )§ 2 22 \ 3 pe ,, i -tripp rye' f ` `�- .. �ti �• � �' 1. } F-�,,�r, +� '�? �r is. , u � ,�'• •. 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J i W \ � S � ti `� � d � F W •� i` lA c a r _ W W[[ \ Ul i ..W yLU ai x z � s ti W (7Ul cu \ \ •R 3 �_x `\ SS 1 1 dam' \- �• r _ w d R U • • �` ` `_ r as v ~ty'� ti \_ W x�� a M .. E o N to C d qZ + •- CL pwp id Q, f6 ��-\ - - --- ♦ J oy w S a o ----^-�'�~- LM - - - H. a - - - - - - - - - - - - - -- w 1 03 _` s� tti G - a ...'9u , C .-_- --- -----� a - O W } 4+ — — — — — — — — — i d io — ----- o N t` s _ c� y W O ff~ ti ALn O ---- ---r r�-- 05--------_—_ ;z 1 � ` u Ln o6z CL ~ J ! J 1Lm J f eO w 7 '�_ LL r C� Find addresslhisbdc resource FY4175 Cummings Court FY1000 James G. Hanes er1.7 ■ Estate 1992 'QQ ,"tp L)r FY— Southeastem Center for Contemporary Art (SECCA) FY4276 Ralph P. and Dewitt Ctratt►am Hanes Hi Rogers Ln �ryank�lr.eSia �r marque VTH F2658 Middletorn au5e /200 Historir- Resources 9 National Register NR individual resources & centerpoints Status, LocalStat.. HDstatus • NR Individual Listing Study List SL individual resources & center -points Status, LocalStat, HDstatus ■ SL Individual Entry Lrveyedindividualresources & centerpoints -n Status, LocalStat, HDstatus i 3 0 Oft 3 Surveyed Only Figure 10. NC historic structures from NC Historic Preservation Office, HPOWeb 2.0 -- SECCA Dam repair, Forsyth County. www.MogMit.com MOGENSEN MITIGATION INC. ryM MMI - Charlotte (704) 576-1111 ENVIRONMENTAL CONSULTING MMI - Raleigh (919)556-8845 MOGENSENMTTIGATION,INC SECCA Lake Dam Repair, Winston-Salem, Forsyth County NC Endangered Species Biological Assessment -- 24 June 2024 Introduction Mogensen Mitigation, Inc. (MMI) biologist Gerald Pottern conducted a biological assessment of potential impacts to federal endangered and threatened animal and plant species that may occur in the vicinity of the Southeastern Center for Contemporary Art (SECCA), located 3 miles northwest of downtown Winston-Salem in Forsyth County NC. Behind the SECCA museum is an old dam that requires extensive repair and rehabilitation work on a small tributary of Silas Creek in the Yadkin Pee Dee River basin. The SECCA Museum address is 750 Marguerite Dr, Winston-Salem, NC 27106. The SECCA Lake Dam coordinates are Latitude 36.1185 and Longitude -80.2911. This biological assessment report is required for Section 404-401 permitting for the dam repair project. Potential Protected Species in the Project Vicinity The FWS Information, Planning, and Consultation System (IPaC) lists five species of rare animals and plants listed or proposed for listing as Endangered or Threatened under the Federal Endangered Species Act (ESA) or the Bald Eagle and Golden Eagle Protection Act (BGPA) that occur in the general project vicinity and might be affected directly or indirectly by the project. An official species list was obtained from the FWS-IPaC website in June 2024; these species are listed in the table below. A habitat evaluation and Biological Assessment findings for each species are discussed below based on field observations and records from the NC Natural Heritage Program (NHP) and NC Wildlife Resources Commission (WRC). Table 1. FWS-IPaC Federal Protected Species List in the SECCA Project Area, June 2024 Scientific Name Common Name FWS NC Myotis Northern Long- E E septentrionalis eared Bat Perimyotis Tricolored Bat PE -- subflavus Haliaeetus Bald Eagle BGPA T leucocephalus Glyptemys Bog Turtle TSA T muhlenbergii Helianthus Schweinitz's E E schweinitzii Sunflower Habitat in Forsyth County Forests, cracked or hollow trees, loose bark; old buildings Forests, cracked or hollow trees, loose bark; old buildings Tall trees near large lakes and rivers Bogs, fens, open -canopy wetlands, shallow with soft mud Open woodland edges, glades, utility easements E = Endangered, T = Threatened, PE = Proposed Engangered, TSA = Threatened by Similarity of Appearance, BGPA = Bald Eagle & Golden Eagle Protection Act. Environmental Field Studies ■ Wetland & Stream Delineation ■ 404-401 Permits ■ Mitigation Plans & Banking MOGENSEN MITIGATION INC. 1. Northern Long-eared Bat (Myotis septentrionalis) -- Endangered (E) The Northern long-eared bat roosts in colonies in caves and mines during winter, mainly in the NC mountain counties. Bat hibernacula caves have relatively stable temperatures, high humidity, and minimal air currents. In spring, the bats leave their hibernacula and migrate to summer foraging areas throughout NC, usually with a mix of forested and open habitat, where they feed on flying insects over fields, rivers, and other open habitats. During the warm seasons these bats roost singly or in small colonies in cavities or crevices of live or dead trees, beneath loose bark, or in buildings. Maternity roost sites, often in hollow trees or rock crevices, are occupied during the pup rearing season from June through July. The nearest known site in the NHP database is at Stone Mountain more than 40 miles west of the project area. Northern long-eared bats may occur on or near the SECCA property during spring to early fall and may forage over the lake, lawn, and garden areas. The project will require removing approximately 10 to 15 trees from approximately 0.2 acre at the base of the dam; these do not appear to be suitable as roosting or maternity trees for bats. The construction staging areas and access road have been planned to avoid impacts to trees. Based or this analysis, the project may affect but is not likely to adversely affect the Northern long-eared bat. 2. Tricolored Bat (Perimyotis subflavus) -- Proposed Endangered (PE) Tricolored bats occur across year-round in Chatham County, foraging in both forested and open -canopy habitats where they feed on flying insects. During daylight hours, they roost singly or in groups in cavities in live or dead trees, beneath loose bark, under bridges and culverts, rock fissures in ravines, or old buildings. Maternity group roost sites are occupied from June to July until the pups can fly. In November, they may either migrate to winter hibernaculum sites in caves, mines, and deep rock crevices in western NC, or remain through the winter in their warm -season areas, roosting in rock crevices, hollow trees, bridges, or old buildings. Tricolored bats in the southeastern US have an indistinct hibernation period and may emerge to forage during warm days in winter. At present the Tricolored bats is not federally protected and FWS Section 7 consultation does not apply, but it may become listed before the project is complete. The NHP database has no records of Tricolored bats in Forsyth County, but does have recent records in adjacent Guilford, Iredell, and Stokes Counties. These bats may occur on or near the SECCA property during any season and may forage over the lake, lawn, and garden areas. The project will require removing approximately 10 to 15 trees from approximately 0.2 acre at the base of the dam; these do not appear to be suitable as roosting or maternity trees for bats. The construction staging areas and access road have been planned to avoid impacts to trees. Based on this analysis, the project may affect but is not likely to adversely affect the Tricolored bat. 3. Bald Eagle (Haliaeetus leucocephalus) -- Bald Eagle & Golden Eagle Protection Act (BGPA) Bald eagles in the Piedmont region roost and nest in tall trees near large rivers and lakes, including sites along the Yadkin River in Yadkin County and the Deep River in Guilford County. NHP has no records of eagle nesting or roosting sites in Forsyth County. SECCA Lake and Silas Creek are too small to be suitable nesting and foraging habitat for eagles. The project will not affect bald eagles or their suitable habitat. 4. Bog Turtle (Glyptemys muhlenbergii) -- Threatened by Similarity Appearance (TSA) Bog turtles live in open -canopy wetland habitats such as bogs and fens that are permanently wet (often spring - fed) forming a network of shallow pools and slow -flowing rivulets interspersed with patches of soft mud and dense groundcover plants for hiding. Bog turtles do not live in flowing streams, ponds, or in frequently scoured wetlands along stream corridors, nor in forested wetlands with a dense tree canopy. NHP has historic records of BMwww.Mogmit.com Page 12 MOGENSEN MITIGATION. INC MOGENSEN MITIGATION INC. Bog turtles in Forsyth County but none in recent decades; the species is probably extirpated from Forsyth County. The southern populations of Bog turtles from Virginia to Georgia are designated "Threatened by Similarity of Appearance" to protect the northern populations, which are Threatened, from illegal collecting. The southern populations are not Threatened under federal law, but they are protected as Threatened under North Carolina law. The pond and stream below the pond are not suitable habitats for Bog turtles, and the project will not affect Bog turtles. 5. Schweinitz's Sunflower (Helianthus schweinitzii) -- Endangered (E) Schweinitz's sunflower (E) occurs in open -canopy mesic to dry woodlands and remnant Piedmont prairie communities in the western Piedmont of NC and SC. It was historically dependent on fire and grazing animals (buffalo) to limit competition from trees and shrubs. The remaining populations are mostly along roadsides, railroads, and utility rights -of -way where occasional mowing preserves an open canopy. NHP has no records of Schweinitz's sunflower in Forsyth County, and MMI found no suitable habitat for this plant in or near the project impact areas. The project will not affect Schweinitz's sunflower. Summary of Potential Impacts to Protected Species Project construction may affect but is not likely to adversely affect the Northern long-eared bat and Tricolored bat, which may forage in the project vicinity during warm weather, but for which there is no suitable roosting habitat in the project impact area. The project will not affect the Bald eagle, Bog turtle, or Schweinitz's sunflower, for which there is no suitable habitat in the project impact area. Qualifications of Preparer Gerald Pottern has 35 years of experience in stream and wetland science, endangered species surveys and consultation, 404-401 permitting, NEPA and SEPA environmental impact documents, natural resource inventory and conservation plans, water quality studies, riparian zone assessment, restoration site planning and monitoring, and environmental education. He is well -versed in federal and state environmental regulations and natural resource field assessment and documentation methods, and secondary and cumulative impact mitigation planning. He has assisted public and private clients in designing projects to meet environmental agency objectives and permit requirements, and has prepared grant applications for riparian conservation and water quality improvement projects. He has served on the Scientific Council to the NC Nongame Wildlife Advisory Committee, and has conducted numerous surveys of aquatic and terrestrial plants and wildlife for scientific and educational purposes. Attachments Figure 1. Project vicinity map, SECCA dam repair, Forsyth County NC. Figure 2. Google Earth aerial photo of the SECCA dam project area Figures 3A-3B. Photos from left (south) dam abutment: SECCA museum in background. FWS-IPaC Report Letter - 18 June 2024 NMwww.Mogmit.com Page 13 MOGENSEN MITIGATION. INC .ill • � ate.• � :�' _ _ - � ^ �'�C ..�� 4 y'4f NRI L I �M._ ��• •+� { �,� a..•�� �r ti\ :,,4k * � �'r} t; }<F: �`_. 1;�` l•'+, r ili 4r r' - -rf } r f SAIL, -yk --_-. _..•'4 _.'.` ::;' _ .:: `. - ,_ � k k rt, �-�..A � },`f Y CrJ ` •lt L � 4i r �� 5' -� - - - :..ram -_i_ --;'•` 3`' r {f} Ir rT i'r 4 , 4 4, United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street, Suite B Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2024-0105909 06/18/2024 21:00:23 UTC Project Name: SECCA Dam Repair, Southeastern Center for Contemporary Art, Winston-Salem 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. Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other Project code: 2024-0105909 06/18/2024 21:00:23 UTC 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 • Bald & Golden Eagles • Migratory Birds • Wetlands 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 2of13 Project code: 2024-0105909 06/18/2024 21:00:23 UTC 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, Suite B Asheville, NC 28801-1082 (828) 258-3939 3of13 Project code: 2024-0105909 06/18/2024 21:00:23 UTC PROJECT SUMMARY Project Code: 2024-0105909 Project Name: SECCA Dam Repair, Southeastern Center for Contemporary Art, Winston-Salem Project Type: Dam - Maintenance/Modification Project Description: Dam repair Project Location: The approximate location of the project can be viewed in Google Maps: https:// www. google.com/maps/(a)36.119420899999994,-80.29065386556019,14z 0 Counties: Forsyth County, North Carolina 4of13 Project code: 2024-0105909 06/18/2024 21:00:23 UTC ENDANGERED SPECIES ACT SPECIES There is a total of 5 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. Note that 1 of these species should be considered only under certain conditions. 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. 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. 5of13 Project code: 2024-0105909 06/18/2024 21:00:23 UTC MAMMALS NAME STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • This species only needs to be considered if the project includes wind turbine operations. Species profile: https:Hecos.fws.gov/ecp/species/9045 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 FLOWERING PLANTS NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 6of13 Project code: 2024-0105909 06/18/2024 21:00:23 UTC 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. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Actl and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treat, Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are likely bald eagles present in your project area. For additional information on bald eagles, refer to Bald Eagle Nesting and Sensitivity to Human Activity For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 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 "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper 7of13 Project code: 2024-0105909 06/18/2024 21:00:23 UTC • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- project-action WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER POND • PUBHh RIVERINE • RSUBH 12 of 13 Project code: 2024-0105909 06/18/2024 21:00:23 UTC IPAC USER CONTACT INFORMATION Agency: Mogensen Mitigation Inc. Name: Gerald Pottern Address: 104 East Chestnut Ave City: Wake Forest State: NC Zip: 27587 Email gpottern@rjgacarolina.com Phone: 9195568845 13 of 13