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Home My WebLink About20191704 Ver 1_USFWS_Letter20191120_20191211 hdrinc.com 440 S Church Street, Suites 900 & 1000, Charlotte, NC 28202-2075 (704) 338-6700 November 20, 2019 Mr. Bryan Tompkins U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Subject: Duke Energy – Capps to Hendersonville 44kV Line Rebuild Project Henderson County, North Carolina Dear Mr. Tompkins: HDR, on behalf of our client Duke Energy Carolinas, LLC (Duke Energy), requests review and comment on potential impacts to threatened and endangered species that may result from the replacement of approximately 4.2 miles of transmission structures and overhead wiring associated with the Capps to Hendersonville 44kV Line Rebuild Project (Project) located in Henderson County, North Carolina. Specifically, the Project is located south of Capps Road, north of Spartanburg Highway 176, and east of Asheville Highway 25 in the City of Hendersonville (Figures 1 and 2). Duke Energy proposes to replace the current power infrastructure with double circuit conductors and light duty steel poles and towers along approximately 38.84 acres of Duke Energy-maintained right-of-way. The Project Area is comprised of a utility corridor, undeveloped land, and public open space (Figure 3). Land use in the vicinity of the Project consists of residential, industrial, commercial, light manufacturing, agricultural lands, and undeveloped forested land. The proposed Project will require a Clean Water Act Section 404 Nationwide Permit from the U.S. Army Corps of Engineers Asheville Regulatory Field Office. As part of environmental studies conducted for the Project, HDR obtained an updated species list for Henderson County from the U.S. Fish and Wildlife Service (USFWS) website (https://www.fws.gov/raleigh/species/cntylist/henderson.html, last updated on October 17, 2018). A summary of federally protected species in Henderson County is provided in Table 1. Capps to Hendersonville 44kV Line Rebuild Project November 20, 2019 Page 2 Table 1. Federally Protected Species for Henderson County, North Carolina Species Federal Designation1 Record Status2 Preferred Habitat Vertebrates Bog turtle (Glyptemys muhlenbergii) T (S/A) Current Open, groundwater-supplied (spring-fed), graminoid- dominated wetlands along riparian corridors or on seepage slopes; wet pastures and drainage ditches Carolina northern flying squirrel (Glaucomys sabrinus coloratus) E Current Nests and forages in the ecotones between coniferous and mature northern hardwood forests, typically at elevations above 4,500 feet above mean sea level; nests in old hardwood tree cavities during winter Gray bat (Myotis grisescens) E Current Inhabits caves year-round; winter caves include cold caves or mines with deep vertical crevices; warm roosting caves during summer Northern long- eared bat (Myotis septentrionalis) T Current Hibernates in caves and mines during winter; roosts under bark, in cavities or crevices in trees and snags during summer Invertebrates Appalachian elktoe (Alasmidonta ravneliana) E Current French-Broad River watershed in NC; moderate- to fast- flowing water in relatively silt-free, coarse, sandy substrates often mixed with cobble and boulders; cracks of bedrock Rusty-patched bumble bee (Bombus affinis) E Historic Grasslands and tallgrass prairies; abundant diversity of blooming flowers; underground cavities for nesting colonies Vascular Plants Bunched arrowhead (Sagittaria fasciculata) E Current Shallow water seepage area of bogs, wooded swamps, and deciduous woodlands in sandy loam soils; just below seep origins at bluff-floodplain ecotones Mountain sweet pitcher plant (Sarracenia rubra ssp. jonesii) E Current Along stream banks in shrub/herb-dominated, seepage-fed mountain bogs; typically on Toxaway or Hatboro soils of acidic, poorly drained, saturated soils; loamy, sandy, or silty soils with a high organic content Small whorled pogonia (Isotria medeoloides) T Current Older hardwood stands of beech, birch, maple, oak, and hickory, sometimes softwoods like hemlock, with an open understory; acidic soils with a thick layer of dead leaves, often on slopes or near small streams Swamp pink (Helonias bullata) T Current Groundwater-influenced wetland habitats of constantly saturated, but not flooded water supply; often occurs on acidic soils White fringeless orchid (Platanthera integrilabia) T Historic Wet, boggy areas at heads of streams kept moist by groundwater; partially shaded areas; often found growing with green wood orchid (Platanthera clavellata) and yellow-fringed orchid (Platanthera ciliaris) White irisette (Sisyrinchium dichotomum) E Current Mid-elevation slopes, characterized by open/dry to moderate- moisture oak-hickory forests; shallow soils in disturbed areas such as roadsides or woodland edges, and over rocky, steep terrain 1 E = Endangered. A taxon “in danger of extinction throughout all or a significant portion of its range.” T = Threatened. A taxon “likely to become endangered within the foreseeable future throughout all or a significant portion of its range.” T(S/A) = Threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. 2 Current = The species has been observed in the county within the last 50 years. Historic = The species was last observed in the county more than 50 years ago. Capps to Hendersonville 44kV Line Rebuild Project November 20, 2019 Page 3 The USFWS’s Critical Habitat GIS shapefiles were also reviewed and a query of the North Carolina Natural Heritage Program’s (NCNHP) Data Explorer database for protected species distribution and proximity to the Project Area was conducted (see attached Project Report [NCNHDE-10691]). The NCNHP Project Report summarizes occurrences of federally and state-protected species, critical habitat, and managed areas that have been documented within a one-mile radius of the Project Area. The NCNHP Data Explorer query revealed that there are records for rare species, important natural communities, natural areas, and/or conservation/ managed areas within the Project Area. No known occurrences of federally protected species have been documented in the Project Area; however, element occurrences of federally protected species have been documented within a one-mile radius of the Project Area. HDR biologists consulted available reference materials and conducted on-site surveys in May 2016, May 2019, and November 2019. The field surveys revealed that the Project Area is maintained on a routine basis to prevent the growth of mid-story and canopy species. The site is mostly dominated by early successional forbs, grasses, and shrubs. Some portions of the Project Area are intersected by public open space with paved trails for access, where potential habitat for the above-listed species is not present, with the exception of the Rusty-patched bumble bee. Potential habitat for the Rusty-patched bumble bee is present within the Project Area; however, the record status of this species in Henderson County is historic. We ask that you review the Project Area based on the attached information to determine if there may be any adverse impacts to federally protected species. If you have any questions or require additional information after your review of the enclosed materials, please contact me at (980) 337-5012 or Johanna.Velasquez@hdrinc.com. Respectfully, HDR Engineering, Inc. Johanna Velasquez Environmental Scientist Attachments: Site Photographs Figure 1. Project Location Figure 2. Project Aerial Figure 3. USGS Hendersonville 7.5-Minute Quadrangle NCNHP Project Report cc: Kelly Hoyt, PMP, Duke Energy Capps to Hendersonville 44kV Line Rebuild Project November 20, 2019 Page 4 Photograph 1 – View of Site, Facing West Photograph 2 – View of Site, Facing Southeast Capps to Hendersonville 44kV Line Rebuild Project November 20, 2019 Page 5 Photograph 3 – View of Site, Facing Southeast Photograph 4 – View of Site Capps to Hendersonville 44kV Line Rebuild Project November 20, 2019 Page 6 Photograph 5 – View of Site PATH: X:\PROJECTS\DUKE_ENERGY\101 6157 7_CAPPSTOHENDERSONV ILLE \7.2_WIP\MAP_DOCS\MXD\404 _401 \01 _VICINITY.MXD - USER: JVEL ASQUEZ - DATE: 11 /13 /2 019 CAPPS TO HENDERSONVILLE 44KV LINE REBUILD PROJECT FIGURE 1 PRO JECT VICINITY AGENCY CONSULTATION 0 0.5Miles O DATA SOURCE: ESRI OpenStreetMap and the GIS User CommunityBasemap LEGEND Study Area Henderson County N.C. Study Area PATH: \\CLT-SRV02\GIS\PROJECTS\DUKE_ENERGY\10161577_CAPPSTOHENDERS ONVIL LE\7.2 _WIP \MAP_DOCS\MX D\4 04_4 01\02_AERIAL.MX D - USER: J VELASQUE Z - DATE: 11/20/201 9 CAPPS TO HENDERSONVILLE 44KV LINE REBUILD PROJECT FIGURE 2 PROJECT AERIAL PRELIMINARY JURISDICTIONAL DETERMINATION REQUEST 0 0.5Miles O DATA SOURCE: Bing Maps Hybrid Basemap LEGEND Study Area !(Photograph Locations HENDERSONVILLE QUADRANGLE PATH: \\CLT-SRV02\GIS\PROJECTS\DUKE_ENERGY\10161577_CAPPSTOHENDERSONVILLE\7.2_WIP\MAP_DOCS\MXD\404_401\03_TOPOGRAPHIC.MXD - USER: EKOCH - DATE: 11/11/2019 CAPPS TO HENDERSONVILLE 44KV LINE REBUILD PROJECT FIGURE 3 USGS TOPOGRAPHIC QUADRANGLE AGENCY CONSULTATION 0 2,000Feet O DATA SOURCE: USGS 24K Topograhic MapHendersonville, NC (1990) LEGEND Study Area Topographic Quadrangles NCNHDE-8857 April 30, 2019 Jessica Tisdale HDR 555 Fayetteville Street Raleigh, NC 27601 RE: Hendersonville Study Area Dear Jessica Tisdale: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached ‘Documented Occurrences’ tables and map. The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is documented within the project area or indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally-listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Hendersonville Study Area April 30, 2019 NCNHDE-8857 Element Occurrences Documented Within Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Crustacean 31041 Cambarus reburrus French Broad River Crayfish 2010-10-12 E 3-Medium ---Significantly Rare G3 S2 Freshwater Bivalve 29693 Strophitus undulatus Creeper 2010-08-25 E 3-Medium ---Threatened G5 S3 Freshwater Fish 5893 Erimystax insignis Blotched Chub 2014-04-10 E 3-Medium ---Significantly Rare G4 S2 Mayfly 17287 Macdunnoa brunnea a mayfly 1992-07-07 E 3-Medium ---Significantly Rare G3G4 S2 Natural Community 9644 Montane Floodplain Slough Forest ---2012 CD 2-High ------G1 S1 Natural Community 15529 Piedmont Swamp Forest ---1997-09 C?3-Medium ------G3G4 S2 Vascular Plant 21200 Celastrus scandens American Bittersweet 1992 E 3-Medium ---Endangered G5 S2? Natural Areas Documented Within Project Area Site Name Representational Rating Collective Rating Jackson Park Wetlands R2 (Very High)C5 (General) Mud Creek Bridge and Eubank Swamp Remnant R3 (High)C4 (Moderate) Managed Areas Documented Within Project Area* Managed Area Name Owner Owner Type Henderson County Open Space Henderson County: multiple local government Local Government City of Hendersonville Open Space City of Hendersonville Local Government Mud Creek Wetlands Registered Heritage Area City of Hendersonville Local Government Jackson Park Wetlands Registered Heritage Area Henderson County Local Government *NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally-listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on April 30, 2019; source: NCNHP, Q2 Apr 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 6 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Hendersonville Study Area April 30, 2019 NCNHDE-8857 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Crustacean 31041 Cambarus reburrus French Broad River Crayfish 2010-10-12 E 3-Medium ---Significantly Rare G3 S2 Dragonfly or Damselfly 33444 Calopteryx amata Superb Jewelwing 2004-Pre H?5-Very Low ---Significantly Rare G5 S1S2 Freshwater Bivalve 29693 Strophitus undulatus Creeper 2010-08-25 E 3-Medium ---Threatened G5 S3 Freshwater Fish 5893 Erimystax insignis Blotched Chub 2014-04-10 E 3-Medium ---Significantly Rare G4 S2 Freshwater or Terrestrial Gastropod 38612 Ventridens lawae Rounded Dome 2013-pre NR 5-Very Low ---Significantly Rare G4 S2S3 Mayfly 17287 Macdunnoa brunnea a mayfly 1992-07-07 E 3-Medium ---Significantly Rare G3G4 S2 Mayfly 34624 Tsalia berneri a mayfly 2001-03-13 E 3-Medium ---Significantly Rare G4 S3 Natural Community 36610 Dry-Mesic Basic Oak--Hickory Forest (Piedmont Subtype) ---2010 C 3-Medium ------G3G4 S3 Natural Community 9644 Montane Floodplain Slough Forest ---2012 CD 2-High ------G1 S1 Natural Community 15529 Piedmont Swamp Forest ---1997-09 C?3-Medium ------G3G4 S2 Natural Community 1364 Piedmont/Mountain Semipermanent Impoundment (Montane Marsh Subtype) ---1998 CD 2-High ------G3 S3S4 Natural Community 7084 Swamp Forest--Bog Complex (Typic Subtype) ---2007-05-03 CD 3-Medium ------G2 S2 Reptile 17122 Crotalus horridus Timber Rattlesnake 1962-09 H 4-Low ---Special Concern G4 S3 Page 3 of 6 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Reptile 37828 Plestiodon anthracinus Coal Skink 1979-03-22 H?4-Low ---Significantly Rare G5 S2S3 Sawfly, Wasp, Bee, or Ant 37111 Bombus affinis Rusty-patched Bumble Bee 1961-08-23 H 4-Low Endangered Significantly Rare G2 S1 Vascular Plant 33646 Aconitum reclinatum Trailing Wolfsbane 1994-06-Pre E 4-Low ---Significantly Rare Throughout G3G4 S3 Vascular Plant 25127 Arisaema stewardsonii Bog Jack-in-the-pulpit 2007-08-09 BC 1-Very High ---Significantly Rare Peripheral G5T5 S2 Vascular Plant 28251 Asplenium pinnatifidum Lobed Spleenwort 2007?E 4-Low ---Significantly Rare Peripheral G4 S2 Vascular Plant 21200 Celastrus scandens American Bittersweet 1992 E 3-Medium ---Endangered G5 S2? Vascular Plant 25168 Dendrolycopodium dendroideum Prickly Ground-pine 1949-Pre H 5-Very Low ---Significantly Rare Peripheral G5 S2 Vascular Plant 15190 Helonias bullata Swamp Pink 2018-05-14 C 2-High Threatened Threatened G3 S2 Vascular Plant 26886 Hexastylis rhombiformis French Broad Heartleaf 2006-06 C?3-Medium ---Significantly Rare Limited G3 S3 Vascular Plant 26695 Lilium canadense ssp. editorum Red Canada Lily 2018-06-11 C 2-High ---Endangered G5T4 S1 Vascular Plant 11656 Platanthera integrilabia White Fringeless Orchid 1992-Pre X 3-Medium Threatened Special Concern Historical G2G3 SH Vascular Plant 1144 Sagittaria fasciculata Bunched Arrowhead 2018-05-15 CDr 2-High Endangered Endangered G2 S1 Vascular Plant 17819 Sarracenia jonesii Mountain Sweet Pitcher Plant 1987-Pre X 4-Low Endangered Endangered G4T2 S1 Vascular Plant 825 Sarracenia jonesii Mountain Sweet Pitcher Plant 2003 Xr 4-Low Endangered Endangered G4T2 S1 Vascular Plant 31216 Senecio suaveolens Sweet Indian-plantain 2012-08-06 B 2-High ---Special Concern Historical G4 S1 Vascular Plant 26664 Thalictrum macrostylum Small-leaved Meadowrue 2007-08-09 AB 2-High ---Significantly Rare Throughout G3G4 S2 Page 4 of 6 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Vascular Plant 23864 Thermopsis mollis Appalachian Golden- banner 2000-Pre E 4-Low ---Special Concern Vulnerable G3G4 S2 Vascular Plant 35706 Torreyochloa pallida var. pallida Pale Mannagrass 2015-07-16 E 2-High ---Significantly Rare Peripheral G5 S1 Natural Areas Documented Within a One-mile Radius of the Project Area Site Name Representational Rating Collective Rating Jackson Park Wetlands R2 (Very High)C5 (General) Bat Fork Bog R2 (Very High)C3 (High) Mud Creek Bridge and Eubank Swamp Remnant R3 (High)C4 (Moderate) Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State Henderson County Open Space Henderson County: multiple local government Local Government City of Hendersonville Open Space City of Hendersonville Local Government Mud Creek Wetlands Registered Heritage Area City of Hendersonville Local Government Bat Fork Plant Conservation Preserve NC Department of Agriculture, Plant Conservation Program State Bat Fork Plant Conservation Preserve Dedicated Nature Preserve NC Department of Agriculture, Plant Conservation Program State Jackson Park Wetlands Registered Heritage Area Henderson County Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on April 30, 2019; source: NCNHP, Q2 Apr 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 5 of 6 Powered by TCPDF (www.tcpdf.org) Page 6 of 6