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HomeMy WebLinkAbout20171193 Ver 1_401 Application_201709204011404 PERMIT FOR GR.4NTYS CREEK PROJECT ('DUKE E N E RGY. PROGRESS 410 South Wilmington Street, NCO2 Raleigh, NC 27601 2 0 4011404 PERMIT FOR GR.4NTYS CREEK PROJECT ('DUKE E N E RGY. PROGRESS 410 South Wilmington Street, NCO2 Raleigh, NC 27601 %U K E IsD OE N E RGY, PROGRESS September 14, 2017 tachel Capito US Army Corps of Engineers t9 Darlington Avenue Wilmington, NC 28403 2017 Gail Tyner 410 S. Wilmington Street NCRH2 Raleigh, NC 27601 o 919.546.2974 c 919.630.4079 t 919.546.7175 Su.)ject: Duke Energy Progress, Proposed Grants Creek Substation and Associated Grants Creek — Jacksonville 230kV North Transmission Line and Loop Lines, Onslow County, NC Pre -Construction Notification Form NWP 12 — courtesy copy Water Quality Certification No. 4086 Dear Ms. Capito : Duke Energy Progress (DEP) is governed by the North Carolina Utilities Commission (and in South Carolina by the Public Service Commission), and is expected to provide electrical service to meet the existing and expanding needs within its designated services area. As per conversations with the Wilmington Field Office, DEP is submitting a courtesy copy of the PCN and supporting information for verification that the proposed substation and transmission line do not trigger Pre -Construction Notification requirements for NWP 12 because the total permanent wetland impacts are < 0.10 acre. The project triggers Pre -Construction Notification requirement for the corresponding NCDEQ Water Quality Certification No. 4086 due to 0.023 acre permanent impacts to wetlands. Purpose/Need DEP needs to increase capacity in the Grants Creek area of Onslow County in order to meet the electrical reliability standards set by the North American Electric Reliability Corporations (NERC)/Federal Energy Regulatory Commission (FERC). To increase capacity, DEP needs to install a new 230kV Substation and approximately 13 miles of transmission line to increase the capacity and meet electrical demands. Project Scope Substation The new substation will be located off of Old 30 Road (34.777653, -77.282569). The substation pad and access drive will require clearing approximate 24.3 acres and 10.6 acres of grading. Line DEP conducted a transmission line siting study to site the transmission line and substation in order to minimize impacts to residential, commercial, cultural, and environmental features. The proposed transmission line alignment was approved by the NC Utilities Commission in August 2016. PCN — Grants Creek — Jacksonville 230kV Substation/Transmission Line A.# Project begins at the existing Jacksonville 230kV Substation off Gum Branch Road (34.803639, - 77.446563), parallels the existing Jacksonville — New Bern 230kV transmission line for approximately 2 miles before separating towards the new location. The new transmission line right-of-way runs generally south/south east for approximately 10 miles before connecting with the proposed Grants Creek Substation (34.777653, -77.282569). The 12 mile Grants Creek — Jacksonville North 230kV Transmission line right-of-way is 125 feet in width. The 115kV and 230kV loop lines run approximately 0.8 mile east/southeast to connect the proposed substation with the existing 115kV and 230Kv transmission lines at Old 30 Road. The loop lines require one 0.8 mile 115kV loop in/out line and one 0.8 mile 230kV loop in/out transmission line (total of four 0.8 mile transmission line corridors). The transmission line corridor for the four loop lines S approximately 585 feet in width. Environmental Concerns Jurisdictional Areas Environmental Services, Inc. (ESI) conducted a jurisdictional delineation of the proposed transmission line right-of-way and two substation parcels in 2016 that was reviewed and approved by the USACE in April 2017 (SAW -2016-00819 main line, SAW -2016-00819 original substation parcel, and SAW -2016- 02279 Trott Property). DEP has used the approved delineations to avoid and minimize permanent wetland impacts associated with the substation pad. The transmission line right-of-way crosses approximately 95 acres of wetlands and 4,679 linear feet of stream. The DEP clearing and construction practices will minimize regulated activities to 0.10 ac of permanent wetland impacts. Transmission Line Impacts The transmission line design dictated that there be two 10 -foot diameter single pole concrete foundations (Structures 6 and 7) in wetland areas for a total of <0.01 acres of permanent fill (these are accounted for in the impact table). The transmission loop lines will cross 55.5 acres of wetlands with no permanent impacts and 0.0654 acres of temporary acres of temporary wetland impacts due to trenching for grounding the new transmission line to the existing transmission line. These temporary impacts are also accounted for in the wetland impact table. There are no direct impacts to streams. Substation Impacts The substation parcel contains approximately 17.68 acres of wetlands. Permanent wetland impacts are limited to 0.019 acres associated with the fill for the grading of the substation pad. Temporary wetlands impacts are limited to 0.038 acres associated with the installation of erosion control measures. There are no wetland impacts associated with the substation access drive. There are no stream impacts associated with the substation and/or access drive { *`PCN —Grants Creek—Jacksonville 230kV Substation/Transmission Line 3 Avoidance and Minimization Efforts DEP purchased the original 230 -acre substation parcel along Old 30 Road adjacent to existing 115kV and 230kV transmission lines. The majority of the site was determined to be wetland. Therefore, DEP purchased a second substation parcel (Trott property) further northwest along the proposed transmission line to avoid and minimize permanent wetland impacts associated with the substation. The substation layout and access drive were designed to avoid and minimize wetland impacts to the greatest extent possible without changing the transmission line route approved by the NC Utilities Commission. DEP used the approved delineation to avoid and minimize impacts along the transmission line to the greatest extent possible. The DEP clearing and construction specifications discussed in later sections are implemented to avoid and minimize impacts to wetland/streams, riparian buffers, and other sensitive areas. Federally Protected Species Based on data available through the Natural Heritage Program, there are no documented occurrences of federally protected species within the proposed transmission line right-of-way or the proposed substation parcels. Federally protected species habitat evaluation and surveys were conducted by ESI in 2016 and 2017. No federally protected species were observed during field investigations. DEP has received concurrence from the USFWS that the line project ".....meets the criteria for the 4(d) rule. Any associated take is therefore exempt. Based on the information provided and other information available , it appears that the proposed action is not likely to adversely affect any other federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites." (see attached USFWS concurrence letter). DEP is currently waiting on the USFWS concurrence on the substation parcel (Trott Property). Cultural Resources Research conducted by ESI in 2016 at the State Historic Preservation Office (SHPO) revealed no previously recorded historic properties listed in, eligible, or potentially eligible for listing in the Nation Register of Historic Places (National Register) are located directly within the proposed transmission line. Research conducted by ESI in 2016 at the Office of State Archaeology (OSA) revealed that no previously recorded archaeological sites are located directly within or immediately adjacent to the proposed transmission line. DEP is currently waiting on the SHPO response on the substation parcel (Trott Property). Erosion Control Plan DEP is actively preparing and will submit separate erosion control, clearing, grading, and access plans for the substation parcel and the transmission line. County Floodplain Permits No floodplain permits are required for the substation project. DEP will submit all appropriate floodplain information to Onslow County and City of Jacksonville for review and concurrence for the transmission line work. Structures 16, 18, and 19 are in the floodway and therefore will require a "no -rise" submittal with the floodplain development permit to the City of Jacksonville. Structures 50, 100, and 101 are outside the floodway, therefore only a floodplain development will be required by Onslow County. PCN —Grants Creek —Jacksonville 230kV Substation/Transmission Line 4f Standard Line Clearing/Construction Procedures and Specifications DEP will follow its internal specifications for line clearing and construction. These specifications are incorporated into our vendor contracts. DEP will hold pre-bid and pre-clearing/construction meetings with vendors, to ensure awareness of these requirements. The procedures that minimize the environmental impacts for the line construction area described below. Prior to clearing/construction, DEP conducts environmental surveys to identity the location and extent of jurisdictional area, applicability of required riparian buffer rules, and the presence/absences of federally protected species. DEP also conducts a preliminary archaeological site review with the State Historic Preservation Office (SHPO) and Office of State Archaeology (OSA). Environmentally and archaeologically sensitive areas are shown on project drawings and provided to contractors and inspectors. Clearing/construction projects are required to follow approved sediment and erosion control methods. All sediment must be contained onsite and kept out of streams and wetlands. Necessary land disturbing activities will comply with all appropriate regulations. All projects with more than 1 acre of disturbance obtain an approved sediment and erosion control plan. DEP has developed internal "buffers" and "sensitive areas" that require measures to protect these areas and help prevent ground disturbance. These measures include additional riparian buffers (on non- regulated streams) and buffers on all wetlands. These buffers require the use of commercially made mats and/or use of low pressure ground equipment (such as flex track or float track vehicles), as needed, to avoid impacts to the root -mat while working environmentally sensitive areas and archaeological sites. DEP's ROW clearing is designed to avoid and minimize impacts. DEP clearing specifications avoid mechanized clearing in wetlands, wetland/stream buffers, and sensitive areas. All equipment working in wetlands must be on commercially made matting and/or approved low pressure ground equipment to avoid and minimize impacts to the root -mat. DEP's ROW line construction process is designed to avoid and minimize impacts. For instance, DEP does not change the topography of the ROW unless construction pads or access roads are needed. Under new construction, placement of structures in wetlands is avoided, to the extent possible. To the extent possible, the structures placed in wetlands will be a vibratory caisson (hollow steel pipe). These structures are vibrated into the substrate without any digging, and the transmission structure are slip - jointed onto the exposed end of the caisson. Depending on soil conditions, some of the structures placed in wetlands will be "direct -embedded" (placed in an augured hole and backfilled with native material with no foundation material, such as concrete, added. Excess soil from the augured holes will be placed on matting, taken to uplands areas and stabilized. During line construction, DEP attempts to avoid crossing wetlands and streams with equipment. Should crossing be unavoidable , DEP utilizes commercial matting or low pressure ground equipment to cross wetlands/buffers and temporary bridges to cross streams. There are no discharges associated with the mats and bridging material. Bridges and matting are removed upon completion of the work. Low ground pressure equipment may be used in wetland to construct transmission line structures if the equipment does not cause "rutting", does not interrupt the natural flow of water, and does not disturb the root -mat in the wetlands. If low ground pressure vehicles are not available to the contractor or should the low ground pressure equipment cause rutting or disturb root -mat then DEP require that the equipment be on commercially made mats while working in wetlands and/or buffers. f % PCN — Grants Creek —Jacksonville 230kV Substation/Transmission Line 5 Stringing the conductor and overhead ground wire (top static wire) will require temporary guard structures to hole the wire above any road crossings, stream crossings, and distribution line crossings. These guard structures will be installed in a manner consistent with the transmission line structures installation and will utilize erosion control measures to contain all sediment within the ROW. During construction, DEP identifies project -specific environmental and health and safety inspectors to oversee contractor performance. Additionally, DEP's central office staff work with field inspectors, project managers, and permitting staff to evaluate and ensure compliance. DEP has used the above process to construction transmission line over the years, has reviewed the process with the Corps on a regular basis, and in several instances, has asked the Corps to visit a project under construction to confirm that the project and construction methods, as described aboved are not jurisdictional under CWA Section 404. We have enclosed the following in the application packet: 1. Pre -Construction Notification 2. PJD approvals 3. Jurisdictional Maps 4. USFWS concurrence letter 5. Engineered drawings Should you or others of the USACE, Wilmington Regulatory Office staff wish to visit this project, please contact Ms. Gail Tyner (line) with Transmission Siting, Permitting and Engagement at 919-546-2974 / gail.tyner@duke-energy.com or Peter Sokalski with Substation Engineering at 919-546-6123 / Peter.sokaIski@duke-energy.com. Sincerely, Cc: Karen Higgins, DWR o��"�oyWja�r��9�c a lqiii� < Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ 'Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑X Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑X Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Grant's Creek 230kV Substation and associated Transmission Lines 2b. County: Onslow 2c. Nearest municipality / town: Jacksonville 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Duke Energy Progress 3b. Deed Book and Page No. 4554 / 646 (substation) - Transmission line will be easements 3c. Responsible Party (for LLC if applicable): 3d. Street address: 410 S. Wilmington Street, NCO2 3e. City, state, zip: Raleigh, North Carolina 27601 3f. Telephone no.: 919-546-2235 3g. Fax no.: 919-546-7175 3h. Email address: rodney.hutcherson@duke-energy.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: , 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 531700574891 (substation) see attached for line info 1 b. Site coordinates (in decimal degrees): ILatitude: 34.772 Longitude: 77.283 1c. Property size: 78.76 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Little Northeast Creek 2b. Water Quality Classification of nearest receiving water: C -NSW 2c. River basin: White Oak 3. Project Description 3a. 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 substation site is currently vacant/partially wooded. The general land use in the vicinity is a mix of vacant/agricultural/silvicultural/ and residential uses. The land use along the transmission line mimics the general land use in the project vicinity. Project acreages/lengths below are for the substation parcel only. see attached for transmission line information. 3b. List the total estimated acreage of all existing wetlands on the property: 17.68 ' 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: DEP needs to construction of a new electric substation facility and associated overhead transmission lines in order increase capacity. 3e. Describe the overall project in detail, including the type of equipment to be used: new 230kV substation which will require clearing, grading, and construction of a substation pad, access drive, and associated transmission lines 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Environmental Services, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW -016-00819 (line) 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2. Area of impact (acres) W1 P Fill Pine Flat No Corps 0.002 W2 P Fill Pine Flat No Corps 0.002 W3 T Land Clearing Pine Flat Yes Corps 0.003 W4 P Fill Pine Flat Yes Corps 0.019 W5 T Land Clearing Pine Flat Yes Corps 0.035 W6 T trenching Non-Riverine Swamp Forest No DWQ 0.0654 2g. Total Wetland Impacts: 0.057 2h. Comments: Impacts to W1, W2, and W6 are located within the existing transmission line right-of-way 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - _ S2 - Choose one _ - S3 - Choose one _ - S4 - Choose one - _ S5 - Choose one - _ S6 - Choose one _ 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 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. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b.5c. Proposed use or purpose of pond 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. DEP purchased an additional site for the substation parcel in order to minimize and avoid wetland impacts on the site originally purchased for the substation. DEP minimized wetland greatest extent possible for the substation location. The substation access road has been routed to avoid wetland impacts; location of substation has been adjusted to extent practical to minimize wetland impacts; Gearing in wetland areas to be accomplished without mechanized clearing. No grubbing or grading will occur in wetlands excepted the permanent impacts accounted for in the impact table above. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. DEP has avoiding and minimized by avoiding mechanized clearing activities in wetlands ) no grubbing/grading). DEP using commercially made matting during clearing and construction activities to avoid and minimize impacts to the wetland root mats. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ❑X No 2b. If yes, mitigation is required by (check all that apply): . ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? El Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes ❑X No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 1.74 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑Q No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? El Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): OCoastal counties ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? Yes ZNo 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No 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 ❑ Yes ❑ No (North Carolina) Environmental 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 NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .02001)? 2b. Is this an after -the -fact permit application? El Yes ❑X No 2c. If you answered "yes' to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes No additional development, which could impact nearby downstream water quality? 3b. If you answered `yes' to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or disctfi%t ) df`w sl vtrifat�j�geher�f ►froth' No the proposed project, or available capacity of the subject facility. wastewater will be generated on-site for this site (un -manned site) `. j. .?4�i!t•V = �' 14► =�� . Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS and Natural Heritage Program data was consulted for known occurrences of federally protected species and Designated Critical Habitat. Environmental Services, Inc. conducted habitat evaluation and surveys for federally protected species listed for Onslow County, NC. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic of Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Environmental Services, Inc. conducted a State Historic Preservation Office records review. No historic and/or archeological resources were documented in the project study area. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: The substation is no located in a FEMA -designated 100 -year floodplain. The transmission line crosses numerous streams and floodplains. Only X structures were located in the floodway zones and DEP is obtaining the required floodplain permits for these structures. 8c. What source(s) did you use to make the floodplain determination? FEMA Firm Mapping f0f2hl" e41286AJ r - I(Age's Applicant/Agent's Printed Name icant/Agent's ignature Date ature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 O VERA LL PROJECT MAP ,;t14r - Also See ES , '' c `Topog y M — 11 ♦ • 1 �: iSa� • j. .. ' Grants Creek 230kV • • Substation 1 } 4;/r !'-+y � i`S �„" r^., "'•^y .w,,,�.,�T ���'."'"'"°'.,��.,..' � . =sem` ~�. � • Win. �..,, �" �'" e '` , ...' � �,• �, _ e14 LEGEND Proposed Transmission Line Route -- Proposed Substation Parcel (Trott Property) Originally Purchased Substation Site ,oao 2000 Feet s.) A 12 to* DUKE X111 11 ENERGY® DEP Grants Creek -Jacksonville Transmission Project Transmission Siting, Permitting and Engagement LOcAmoN ONSLOW COUNTY, NC DRAWN LOE DATE 7/14/2017 nGURE 1 c (Revised) I Also See ESI, Inc. Transmission Line Wetland Figures \ \ \ 3 Originally Purchased Substation Site ti Grants Creek \ \ \ \ \ 230kV Substation \ \ \ \ (Trott Property) \ \ \ \ LEGEND Proposed Transmission Line Route Evaluation Area Proposed Substation Parcel (Trott Property) Originally Purchased Substation Site Wetlands --- Proposed Transmission Line Right -of -Way — — — Proposed Transmission Line Centerline DUKE ENERGY.. DEP Grants Creek -Jacksonville Transmission Project Transmission Siting, Permitting and Engagement LOCATION ONSLOW COUNTY, NC DRAWN LOE DATE 7/14/2017 nGURE 2 j—a (Revised) WETLAND IMPACTS MAPS PCN WETLAND IMPACT KEY MAP PCN Wetland Impacts #t & #2 Concrete Foundations See Detail Sheets 2 & 3 Existing Jacksonville 230kV Substation d ,Jacksonville p. PCN Wetland Impacts #3,4,5 New Grants Creek 230kV Substation Property See Detail Sheets 4 & 4A PCN Wetland Impact #6 Temporary Trenching See Detail Sheet 5 LEGEND DUKE Proposed Transmission Line Route ENEY Proposed Substation Parcel (Trott Property) DEP Grants Creek -Jacksonville Transmission Project Originally Purchased Substation Site Transmission Siting, Permitting and Engagement Miles L;A 1! %11 3120 PCN Wetland Impact #1 Concrete Foundation L11 7 M Nil %k g-- STR 6 G14e "All G , Diameter Concrete Foundation GV —0,002 ac. of permanent \p Nk wetland impact --77- LEGEND DUKE Proposed Transmission Line Proposed Transmission Line Night -of -Way Wetlands ENERGY DEP Grants Creek -Jacksonville Transmission Project Permanent Impacts to Wetlands Transmission Siting, Permitting and Engagement A % ON", N Aw, LA "Ali 7/21/201' ',)W(, NO SH 2 (A - rN wetland Impact #2 '.oncrete Foundation w W / N 0M ON * / 14/ 3 -Pole Angled STR; Vibratory Caissons w �• lP �0 STR 8 \O ameter Concrete Foundation 0.002 ac. of permanent wetland impact LEGEND Proposed Transmission Line Proposed Transmission Line Right -of -Way Wetlands Permanent Impacts to Wetlands if DUKE ENERGY DEP Grants Creek -Jacksonville Transmission Project Transmission Siting, Permitting and Engagement IMA. ON91 OW COUN TY, NC DRAV,% 1.OE Dart 7/21/201 -` M: NO. SH 5 01 5 STR 707 Proposed Substation Parcel Overview pppp LEGEND WKE �,. ENERGY: Proposed Transmission Line Proposed Transmission Line Right -of -Way Clear & Grub by Mechanized Methods Tree Line u Clear by Mechanized Methods, No Grub SutionAccess Drived Substation Parcel {Trott Property} Pa Temporary Impacts to Wetlands ro Wetlands Permanent Impacts to Wetlands Q Clear by Hand -Cutting, No Grub Originaily Purchased Substation Site DEP Grants Creek -Jacksonville Transmission Project Transmission Siting, Permitting and Engagement - J^SLOW COUNTY, NC PCN Wetland Impacts #3,4,5 Temporary and Permanent Substation Impacts STR 110 STR 91� i II .� STR�6 PCN Wetland Impact #3-0.003 AC / (Temporary Erosion Control Measures) STR 110 STR --Clear b Hand -Cutting, Y g, No Grub. �.. % "Non -Regulated" Activity STR 129 S 111 Permanent PCN Wetland Impact #40.019 AC (Permanent Fill) I Temporary PCN Wetland Impact #5-0.035 AC - STR 12 (Temporary Erosion Control Measures) LEGEND DUKE Proposed Transmission Line Proposed Transmission Line Right -of -Way Clear & Grub by Mechanized Methods ENERGY. Substation Access Drive Clear by Mechanized Methods, No Grub Proposed Substation Property Line Temporary Impacts to Wetlands DEP Grants Creek -Jacksonville Transmission Project Wetlands Clear by Hand -Cutting, No Grub Permanent Impacts 4o Wetlands Transmission Siting, Permitting and Engagement ONS[ OW :;OUN1Y, NC; LOE Feet n�lf 7/21/2017 tin. '"11 4A OF 5 PCN Wetland Impact #6 Temporary Trenching Structures Shown Will Be (Direct Embedded &/or Vibratory Caissions; There Will Be No Regulated Activity Associated With Pole Installations Underground Temporary Trenching for Ground Tie Installations; Approx. 2' Trench With 2' Side Cast Typ. Transmission • •' Structure • • • • '� PCN WETLAND \ IMPACT # 6 LEGEND Proposed and Existing Transmission Line Ditch Proposed and Existing Transmission Line Right -of -Way Temporary Impacts to Wetlands Originally Purchased Substation Site Wetlands aClear by Hand -Cutting, No Grub Stritlie--ture AREA ACREAG A 0.0184 B 0.0100 i 0.0279 D LEGEND Proposed and Existing Transmission Line Ditch Proposed and Existing Transmission Line Right -of -Way Temporary Impacts to Wetlands Originally Purchased Substation Site Wetlands aClear by Hand -Cutting, No Grub Stritlie--ture AREA ACREAG A 0.0184 B 0.0100 C 0.0279 D 0.0091 FOTAL 0.0654 1 d DUKE ENERGY DEP Grants Creek •Jacksonvilie Transmission Project Transmission Siting, Permitting and Engagement ONSI.OW COUNTY, W nrnviti LOE Dnir 7/21/20' I NC UTILITIES COMMISSION STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. E-2, SUB 1102 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Application of Duke Energy Progress, LLC ) for a Certificate of Environmental ) ORDER ISSUING CERTIFICATE Compatibility and Public Convenience ) OF ENVIRONMENTAL and Necessity to Construct Approximately ) COMPATIBILITY AND PUBLIC 12.4 Miles of New 230 -kV Transmission ) CONVENIENCE AND NECESSITY Line in Onslow County, North Carolina ) BY THE COMMISSION: On March 28, 2016, Duke Energy Progress, LLC (DEP or Company), filed an application pursuant to G.S. 62-100, et seq. and Commission Rules R1-5 and R8-62, for a Certificate of Environmental Compatibility and Public Convenience and Necessity (Certificate or CPCN) authorizing the construction of a new 12.4 -mile 230 -kilovolt (kV) transmission line in Onslow County, North Carolina. The application included the testimony of Timothy J. Same, Lead Transmission Siting Specialist for DEP. On April 15, 2016, the Commission issued an Order Scheduling Hearings, Requiring Filing of Testimony, Establishing Discovery Guidelines and Requiring Public Notice (Scheduling Order). The Scheduling Order, among other things, scheduled a public witness hearing on DEP's application to be held in Jacksonville on Tuesday, July 12, 2016, and an expert witness hearing to be held in Raleigh on Wednesday, July 13, 2016. Further, the Scheduling Order required DEP to publish a public notice containing a summary of its application, the details of the public witness hearing, and other information. The Scheduling Order and the public notice provided that the hearing might be canceled if no significant protests were filed with the Commission. On May 6, 2016, DEP filed a petition for Waiver of Time Limitation Regarding Service of Application. DEP stated that due to an inadvertent oversight it did not serve the City of Jacksonville and Onslow County within ten days of filing the application, as required under G.S. 62-102. The City of Jacksonville and Onslow County did not object to the waiver. On May 10, 2016, the Commission issued an Order granting the waiver. On May 18, 2016, the Commission issued an Order Changing Time of Expert Witness Hearing in which it changed the starting time of the expert witness hearing on July 13, 2016, from 10:00 a.m.to 2:00 p.m. On May 24, 2016, the State Environmental Review Clearinghouse of the Department of Administration (State Clearinghouse) filed comments with the Commission. In summary, the State Clearinghouse concluded that because of the nature of the comments no further State Clearinghouse review is needed to determine compliance with the North Carolina Environmental Policy Act. On June 1, 2016, DEP filed an affidavit of publication demonstrating that the public notice had been published once a week for four weeks in the Jacksonville Daily News. On July 5, 2016, the Public Staff filed a letter stating that it investigated the application filed by DEP and determined that the proposed transmission line meets the requirements of G.S. 62-105. The Public Staff stated that the line is necessary, the proposed location and estimated costs are reasonable, and the impact of the line on the environment is justified considering the state of available technology. In addition, the Public Staff stated that the environmental compatibility and public convenience and necessity requires the construction of the transmission line. Finally, the Public Staff stated that it recommends that the Commission issue the certificate requested by DEP. The Commission did not receive any petitions to intervene or protests in this docket, nor were any consumer statements of position or testimony filed in this matter. In addition, the Commission Staff confirmed with the Public Staff that the Public Staff had not received any protests regarding DEP's application. Therefore, on July 8, 2016, the Commission issued an Order cancelling the public witness hearing that was scheduled for July 12, 2016. On July 11, 2016, DEP filed a motion requesting that the Commission cancel the expert witness hearing scheduled for July 13, 2016. In that motion, DEP asserted that DEP and the Public Staff were the only parties to this proceeding, that no party opposed approval of the Certificate, and that unless the Commission required DEP's expert witness to testify in person there appeared to be no necessity to conduct the expert witness hearing. Further, DEP stated that the Public Staff did not object to cancelling the hearing. On July 11, 2016, the Commission issued an Order cancelling the expert witness hearing; accepting into evidence the application, testimony, exhibits and affidavits that had been filed; and directing DEP to file a proposed order on or before August 12, 2016. On August 9, 2016, DEP and the Public Staff filed a joint proposed order. Based upon the Company's verified application, affidavit, testimony, and exhibits received into evidence, and the record as a whole, the Commission makes the following: E FINDINGS OF FACT 1. DEP is a public utility providing electric service to customers in its service area in North Carolina and is subject to the jurisdiction of the Commission. 2. The Commission has jurisdiction over this application. Pursuant to G.S. 62-100, et seg. and Commission Rules R1-5 and R8-62, a public utility must receive a Certificate prior to constructing a transmission line in North Carolina having a capacity of 161 kV or more. 3. DEP is required by the Federal Energy Regulatory Commission (FERC) to comply with the reliability standards of the North American Electric Reliability Corporation (NERC). NERC may impose stringent penalties for violations of its reliability standards. 4. According to DEP's testimony, during peak load conditions forecasted for 2020, a common tower outage of the existing Jacksonville — Havelock 230 -kV line and the existing Jacksonville — Jacksonville City 115 -kV line could cause the voltages in the United States Marine Corps (USMC) Camp Lejeune area to fall below the planning criteria. The loss of the existing Jacksonville — New Bem 230 -kV line could also cause an overload of the Jacksonville — Havelock 230 -kV line. In order to meet projected demand levels in a reliable manner at all demand levels over the range of forecasted system demand, under contingency conditions the new transmission line is needed to ensure that electricity remains reliable and that the region does not suffer blackouts or other reliability issues. 5. DEP's application meets the requirements of G.S. 62-102. 6. DEP has carried its burden of proof under G.S. 62-105 by showing that: (1) The proposed transmission line is necessary to satisfy the reasonable needs of the public for an adequate and reliable supply of electricity; (2) When compared with reasonable alternative courses of action, construction of the transmission line in the proposed location is reasonable, preferred, and in the public interest; (3) The costs associated with the proposed transmission line are reasonable; (4) The impact that the proposed transmission line will have on the environment is justified considering the state of available technology, the nature and economics of the alternatives, and other material considerations; and (5) The environmental compatibility, public convenience and necessity require the construction of the transmission line. 7. It is in the public interest, reasonable and appropriate to grant the requested Certificate. K3 EVIDENCE AND CONCLUSIONS FOR FINDINGS OF FACT NOS. 1-2 These findings of fact are essentially informational, jurisdictional, and procedural in nature and are uncontroverted. EVIDENCE AND CONCLUSIONS FOR FINDINGS OF FACT NOS. 3-7 The evidence supporting these findings of fact appears in DEP's Certificate application, the direct testimony of witness Same, the comments of the State Clearinghouse, and the letter filed by the Public Staff. On March 28, 2016, DEP filed its CPCN application requesting authorization to construct a new 230 -kV transmission line in Onslow County. The application stated that DEP is required by the FERC to comply with NERC's reliability standards. NERC may impose stringent penalties for violations of its reliability standards. In accordance with these standards, DEP's application stated that it plans its transmission system to supply projected demands in a reliable manner at all demand levels over the range of forecasted system demand, under contingency conditions. DEP stated that in compliance with the NERC reliability standards, it routinely conducts studies of its transmission system to identify required improvements. DEP also stated that its transmission system includes lines in every county that it serves and maintaining the transmission backbone is critical to ensuring that electricity remains reliable in the future. DEP witness Same testified that during peak load conditions forecasted for 2020, a common tower outage of the existing Jacksonville — Havelock 230 -kV line and the existing Jacksonville — Jacksonville City 115 -kV line could cause the voltages in the USMC Camp Lejeune area to fall below the planning criteria. He stated also that the loss of the existing Jacksonville — New Bern 230 -kV line could cause an overload of the Jacksonville — Havelock 230 -kV line. Accordingly, witness Same testified that the new transmission line is needed to ensure that electricity remains reliable and that the region does not suffer blackouts or other reliability issues. Witness Same testified further that the new transmission line will run to the existing Jacksonville 230 -kV substation (which contains two 300 -MVA 230 -kV to 115 -kV transformers feeding the 115 -kV transmission system) from a new DEP substation to be located near the Grants Creek community. He stated that the Jacksonville 230 -kV substation was built in the early 1970s and is part of a network and is a critical hub to transmission lines that provide reliable delivery of electricity to communities throughout the region and well beyond Jacksonville. To that end, he asserted that the new line will provide benefits to the entire region, including USMC Camp Lejeune and Onslow County residents and businesses, through enhanced reliability. The transmission system serves DEP customers as well as customers of rural electric cooperatives and municipally owned electric utilities. 4 Exhibit A of DEP's application is a Routing Study and Environmental Report (Report), which stated that the study area for routing the proposed line is located in eastern North Carolina, within Onslow County, and includes portions of Jacksonville and Half Moon. The Report states that the area is about ten miles north of USMC Camp Lejeune. The primary communities within the study area are Piney Green, Pumpkin Center, Jacksonville, and Half Moon. These communities and the study area are shown in Figure 2-1 of the Report. The Report demonstrated that the preferred route for the transmission line begins at the proposed Grants Creek 230 -kV substation in Onslow County, northeast of Piney Green. It then heads northwest to just northeast of Riverstone Court. The preferred route turns to the west for about 1.1 miles before heading northwest to the intersection with Halltown Road. After crossing Halltown Road, the preferred route then crosses US Route 17 (New Bem Highway) and continues northwest for about a half mile. The route tums west for about 0.6 miles, and then tums northwest for about 1.2 miles, where it enters Hofmann Forest agricultural land and intersects a forest road north of Jim Parker Road. The preferred route then continues northwest through Hofmann Forest until intersecting two forest roads northeast of Sonoma Road, and a fourth forest road north of Merin Height Road where it exits Hofmann Forest (having crossed about 1.6 miles of Hofmann Forest agricultural land) and turns southwest. The route parallels the northwestern and southwestem borders of the Carolina Plantations sub -division before its intersection with Ramsey Road. The route then turns southwest and parallels the existing DEP Jacksonville -New Bem 230 -kV transmission line for about 1.4 miles. For the last 0.6 mile the line will be double -circuited as it enters the existing Jacksonville substation. This route is shown in Figure 2-2 of the Report. The Report stated that the proposed in-service date for the new line is November of 2019, and that the transmission project (including the new Grants Creek substation) will cost about $40 million. DEP fully described the transmission line routing process, studies and physical properties in the Report. The Commission concludes that the Report satisfies of the requirements of G.S. 62-102. Exhibit B to DEP's application is a draft of the public notice that DEP published in the Jacksonville Daily News, a newspaper of general circulation serving the portions of Onslow County that would be impacted by the proposed line. DEP published this public notice, after modifications made by the Commission, upon Commission approval and served the parties identified in G.S. 62-102(b) with a copy of the application and a notice stating the date the application was filed, the date by which parties were required to seek intervention, and the statute and the rule governing intervention. 5 On July 5, 2016, the Public Staff submitted a letter in support of DEP's application. The letter stated: ... the Public Staff believes that Duke Energy Progress has demonstrated, as required by G.S. 62-105, that the proposed transmission line is necessary, that when compared with reasonable alternative courses of action, construction of the line in the proposed location is reasonable, preferred, and in the public interest, that the estimated costs associated with the line are reasonable, that the impact of the line on the environment is justified considering the state of available technology, and that the environmental compatibility, public convenience, and necessity requires the transmission line. In short, the Public Staff recommends that the Commission issue the certificate requested in this proceeding. On May 24, 2016, the State Clearinghouse filed its comments with the Commission. The letter from the State Clearinghouse stated that no further action is required of the Commission for compliance with the North Carolina Environmental Policy Act. The letter further stated that DEP should take all of the comments provided through the Clearinghouse review into consideration when developing the project. DEP witness Same testified that 50 landowners have some portion of the proposed line's 125 -foot wide right-of-way on their property. Witness Same testified that on January 29, 2016, DEP sent letters to all 84 individuals who own land that is within 250 feet of the proposed centerline of the preferred route. These letters included the appropriate reference to G.S. 40A-11 and thus provided the necessary 30 -day notice for DEP to enter the properties for the purpose of surveys, soil borings, appraisals, and assessments. None of the impacted landowners intervened or filed comments in this proceeding. No party intervened in the docket, and no party or person has objected to the requested CPCN. Having carefully reviewed the application, and based on all the evidence of record and the recommendation of the Public Staff, the Commission finds and concludes that the proposed transmission line satisfies the environmental compatibility and public convenience and necessity requirements of G.S. 62-100 et seg., and that a CPCN should be issued for the proposed transmission line construction. L IT IS, THEREFORE, ORDERED that pursuant to G.S. 62-100, et seq., a certificate of environmental compatibility and public convenience and necessity to construct about 12.4 miles of new transmission line in Onslow County, North Carolina, as described in DEP's application, is hereby issued, and the same is attached as Appendix A to this Order. ISSUED BY ORDER OF THE COMMISSION. This the 19th day of August, 2016. NORTH CAROLINA UTILITIES COMMISSION 'tYwv;,o Paige J. Morris, Deputy Clerk 7 APPENDIX A STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. E-2, SUB 1102 Known to All Persons By These Presents, That DUKE ENERGY PROGRESS, LLC 410 South Wilmington Street Raleigh, North Carolina 27601 is hereby issued this CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC CONVENIENCE AND NECESSITY PURSUANT TO G.S. 62-100, et seg. to construct approximately 12.4 miles of 230 -kV transmission line to be located in Onslow County, North Carolina Subject to receipt of all federal and state permits as required by existing and future regulations prior to beginning construction, and further subject to all other orders, rules, regulations, and conditions as are now or may hereafter be lawfully made by the North Carolina Utilities Commission. ISSUED BY ORDER OF THE COMMISSION. This the 19th day of August, 2016. NORTH CAROLINA UTILITIES COMMISSION Paige J. Morris, Deputy Clerk TRANSMISSION LINE PROJECT From: Jeff Harbour To: Tyner, Gail Subject: FW: Confirmation of Project Receipt Re: Online Project Review Certification Letter Date: Tuesday, August 01, 2017 8:46:49 AM *** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click links from unknown senders or unexpected email. *** Receipt confirmation from FWS for the GC Alt Sub site From: Raleigh, FW4 [mailto:raleigh@fws.gov] Sent: Tuesday, August 1, 2017 8:41 AM To: Jeff Harbour <jharbour@ESINC.CC> Subject: Confirmation of Project Receipt Re: Online Project Review Certification Letter Thank you for submitting your online project package. We will review your package within 30 days of receipt. If you have submitted an online project review request letter, expect our response within 30 days. If you have submitted an online project review certification letter, you will typically not receive a response from us since the certification letter is our official response. However, if we have additional questions or we do not concur with your determinations, we will contact you during the review period. E"' 00Fr� United States Department of the Interior °} FISH AND WILDLIFE SERVICE -A • Raleigh ES Field Office Post Office Box 33726 44""' Raleigh, North Carolina 27636-3726 June 22, 2017 Jeff Harbour Environmental Services, Inc. 4901 Trademark Drive Raleigh, NC 27610 Re: Grants Creek 230kV Line — Onslow County, NC Dear Mr. Harbour: Thank you for using the U.S. Fish and Wildlife Service's (Service) on-line project planning and consultation process to determine whether a federally -listed species or designated critical habitat may be affected by your proposed project. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. The proposed project may affect the Northern Long-eared Bat (Myotis septentrionalis). Since the proposed project site is greater than 150 feet from a known roost tree and your project does not require prohibited intentional take, your project has met the criteria for the 4(d) rule. Any associated take is therefore exempt. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any other federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. We hope you find our online process to be beneficial. If you have any questions or comments, please contact John Ellis of this office at (919) 856-4520 ext. 26. Sincerely, V Pete Benjamin Field Supervisor U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-00819 County: Onslow U.S.G.S. Quad: NC-KELLUM NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Environmental Services Jeff Harbour 4901 Trademark Drive Raleigh, NC 27610 Size (acres) 190 Nearest Town Jacksonville Nearest Waterway Grants Creek River Basin Onslow Bav USGS RUC 03020301 Coordinates Latitude: 34.7745322207274 Longitude: -77.2738679368903 Location description: The project area is for a proposed Gower line right of way starting at an existing substation located at the intersection of Maynard Blvd and Gum Branch Road, Jacksonville, Onslow County, North Carolina and ending at a proposed substation site on the north side of Old 30 Road at its intersection with Rocky Run Road, Jacksonville, Onslow County, North Carolina. The project area is depicted in the attached maps. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 SAW -2016-00819 _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Brennan Dooley at (910) 251-4694 or Brennan.J.Dooley(a—�usace.army.mil. C. Basis For Determination: The site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and appropriate Regional Supplement. The water bodies exhibit ordinary high water marks as indicated by the absence of vezetation in the stream channel and the presence of bed and bank sediment deposition and wrack lines. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The del ineation/determination 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 request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Page 2 of 2 SAW -2016-00819 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this 1 Digitally signed by DOOLEY.BRENNANJOHN.1512992613 correspondence.* * D 00 L E Y. B R E N N A N .JOHN .15 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, 2992613 cn=DOOLEY.BRENNANJOHN.1512992613 Corps Regulatory Official: Date: 2017.04.24 12:07.41-04'00' Date: April 17, 2017 Expiration Date: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm gRex/f?p=136:4:0. Page 3 of 2 ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): Af4k! Zt4, aoI} B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Duke Energy Progress 410 Wilmington Street, NC 02 Raleigh, NC 27601 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: 5 AIn/- x016 - 00'3 � 9 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough.Onslow City: Jacksonville Start coordinates of corridor (lat/long in degree decimal format): Let. 34.803730 N, Long, 77.446640 W. Universal Transverse Mercator: Name of nearest waterbody: UT of New River, Half Moon Creek, NE Creek, Little NE Creek Identify (estimate) amount of waters in the review area: Non -wetland waters: linear feet: 4,697ft width (ft): 0.04 and/or acres. Cowardin Class: Riverine Stream Flow: Perennial Wetlands: 39.6 acres. Cowardin Class: Forested Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: NA Non -Tidal: NA E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: 21 Field Determination. Date(s): j11 1 ,, 1. The Corps of Engineers believes that t ere may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 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 approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that 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) that 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) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (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 preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, 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, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(ax2)). if, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be"waters of the United States on the subject project site, and Identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Environmental Services, Inc. 7 ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name:1:24,000 Jacksonville North and Kellum, NC []USDA Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name $ Date):. or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response tetter: [] Other information (please specify): later Jurisdictional determinations. Signature and ate of Regulatory Project Manager (REQUIRED) AignatUre and a e of Person requesting pre i inary JD (REQUIRED, unless o alning the signature is impracticable) r i Estimated - - amount of Site Latitude1 number , Longitude f Cowardin ! aquatic resource ;Class of Class aquatic in review area _ . resource Linear 1 i Acres E _i _ . _ _ _ _ ft- W1 34.80466 ; -77.44406 PSS ± 0.1 Non -Section W2 -10 - Wetland t Non 34 80747 ! -77.43897 PSS 3.5 -Section 10 - Wetland W3 1 34 80919 -77.43621 PSS ; 0 1 Non -Section 10 - Wetland W5 34.81144 4-_._____7 1 -77.43145 ! PFO i 0.3 Non-Section tion _- _ T . .. _ _ _..._.� 10 and _ W7 34-81359 -77.42818 i PFO I i <0_I Non -Section _ --- --- 10 - Wetiand ` W8 34.81714 -77-42049 PFO/PEM I 6.6 Non -Section -- 10 - Wetland_ ; W9 34.81991 - _ -77 41696 PFO/PEM 0.7 Non -Section 10 - Weiland W 10a Non 34.82222 i -77.41584 1 PFO, 0 2 -Section ( 10 - Wetiand W11 34.82910 -77.41543 I PFO0 g Non -Section 1-10 W13 - Wetland Non 34.83140 -77.40929 PFO ! 2.0i -Section 10 - Wetiand W14b 34.82004 , -77.37815 PFO01 ( Non -Section 10 - Wetland W15 34.81406 -77.36753 i PFO 31 No W16 - --- _- 10 -Wetland I , Non 34.81112 -77.35109 PFO_ 0.1 -Section W17 34.81009 10 - Wetiand Non -Section # -77.34784 PFO 1 3 _W_ _ - ___4 ! } ! 10 J Wetland 18 34.80630 I -77.34166 PFO 1.4 Non -Section W19 34,80363 .__. 10 - Wetland Non -Section -77.33750 PSS 3.3 W2034.80085 10 - Wetland 1 Non 77.33426 PSS/PFO I 1.7 -Section 10-Wetiand Y T W21 i 34.79799 -77.33188 PFO 4.2 Non -Section'- W22 ! 34.79606 10 - Wetiand _ Non-SBction -77.33003 PFO 0.3 10 - Wetiand W24 34.79333 -77.32703 i PFO Non -Section _4.4 10 - Wetland - W25 34 79031 -77.32060 PFO4.6 Non -Section - ____ 2634.79009 W27 + -77.31769 PEM i 0.1 Non -Section i 10 - Wetland Non 34.79078 -77.31707 PFO 0.3 -Section W28~34.79048 t } 10 Wetland Non -77.30954 PFO 0.5 -Section j i 1 1 1.10 -Wetland 1 W29 34.79073 -77.30415PFCCk ' 01 Non -Section 10 - Wetland E W30 3478566 77.29710 Pi=p 1 2.7 tion T 10 10 - W31 34.78301 -77.29230 PFO <Q1 _Wetiand Non -Section 1 10 - Wetland W32 34.78120 77.29005 ; PEM 0.9 Nan -Section t t 1 ; 10: Wetland t W33 34.77917 -77.28676 PFO 03 Non -Section f a 4 1. � 10 - Wetland W34 34.77843 -77.28495 1 PSS fl.9 Non -Section �.... t _ _ 1 10 Wetiand i W35 i 34.77592 -77.27990 PSS 0.4 Non -Section � C 1 10 -Wetland. F S1 34.80930 -77.43624 ' Riverine 80 Non -Section l 10 - Non - Wetland S2 34.81006 -77.4365Riverine 129 ! Non -Section 10 - Non- on- Wetland S3 34.81543 77.42407 Riverine 126 Non-Section 10 ._ Non - II Wetland ` S4 t 34.81522 I -77.42383 Riverine ° 29 ! Non -Section 10 -Nan- i, - Wetland S5 j 3481585 , -77.42284 Riverine 476 Non -Section ! 10 -- Non- I } 1 Wetland S6 34.81831 -77.41841 = Riverine 625 Non -Section 10 - Non - Wetland S7 34.81995 -77 41715t Riverine 285 Non -Section 10 - Non- 1. Wetland S8 34.82337 -77.41579 Riverine 130 Non Section i 1 10 -- Non- i Wetland { S9 34.83122 j 77.41025 Riverine erine j 140 10 - Non- p + t Wetland r S10 3483198 1 -77.40747 Rivenne 136 Non -Section 10 Non Wetiand S11 134.83243 -77 40525 Riverine 129 Non-SN1 10 - Noon- n r { I Wetland ' S12 34,83241 -77,40502Non-Section Riverine 130 t 10 -- Non- z # ` __ Wetiand S14 34 82081 -7738264 Riverine 1 147 Non -Section ' i G 10 - Non- d i f Wetiand S17 34.82005 -77.37743 Riverine 139 Non -Section jjj 10 - Non - 3 + I Wetfand s I S19 34.82065 -77,37644 Riverine 14 Non -Section 10 - Non- }. Wetland No S21 34.81125 t -7735093 Riverine 3 10 - Non- __- Wetland Non -Section j S22 34.80986 € -77.34885 Riverine ! 126 j 10 - Non- - { j ____.__ _ _ Wetland t_ _ _ --.__._--__w__ _ i 1 j j Non -Section S24 i 34.80992 -77.34842 I Rivenne 1 130 ! 10 - Non- Wettand, Non-Section S27 34.80518 , -77.34029 Riverine 120 10 - Non- -_ Wetland V� Non -Section S28 34.80219 -77.33538 Riverine 226 10 - Non - Wetland Section ! S29 34.80070 -77.33442 j Riverine - 206 -10 - Non -Wetland _ ► Non -Section S30 34.79676 -77.33026 Riverine 362 10 - Non - 1 Welland Nan -Section J S31 34.79105 -77.30963 Riverine 163 f 10 - Non- Wetland 1 —___--- Non -Section S32 134.79074 1 -77.30371 Riverine 125 10 - Non- . , Wetland j Non -Section S33 34.78560 -77.29650 Riverine ! 267 10 - Non- __._. Wetland Non -Section S34 34.78273 -77.29257 Riverine 117 10 - Non- AL on- 1 ._ Wetland_ 6 Source: High Resolution NC Statewide Orthotmagery, DUKECGIA, 2010; Evaluation Area acquired from Duke Energy. ENERGYDisclaimer The information depicted on this figure is for informational purposes only and was not prepared for. .ono is not suitable for legal or engineering purposes. This information presented Is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. ENVIRONMENTAL Project: ER15010.31 SERVICES, INC Delineated Features Date: Sept 2016 Grants Creek - Jacksonville 230 kV Line Onslow County, North Carolina DrwnlChkd: KT/JH ....m..,�..�....R. Figure: 2b Q c m m m 10 ._.ted ' • 3 ` i k �! - f _ m m m m #'`'IV >. ,. 71� a i;i; . It !S,al ti t n � T t A. Source: High Resolution NC Statewide Orthotmagery, DUKECGIA, 2010; Evaluation Area acquired from Duke Energy. ENERGYDisclaimer The information depicted on this figure is for informational purposes only and was not prepared for. .ono is not suitable for legal or engineering purposes. This information presented Is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. ENVIRONMENTAL Project: ER15010.31 SERVICES, INC Delineated Features Date: Sept 2016 Grants Creek - Jacksonville 230 kV Line Onslow County, North Carolina DrwnlChkd: KT/JH ....m..,�..�....R. Figure: 2b ._.ted ' • l * a 4 •' • fV 'al ` i k �! - f _ #'`'IV >. ,. 71� a i;i; . It !S,al ti t n � T t A. Source: High Resolution NC Statewide Orthotmagery, DUKECGIA, 2010; Evaluation Area acquired from Duke Energy. ENERGYDisclaimer The information depicted on this figure is for informational purposes only and was not prepared for. .ono is not suitable for legal or engineering purposes. This information presented Is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. ENVIRONMENTAL Project: ER15010.31 SERVICES, INC Delineated Features Date: Sept 2016 Grants Creek - Jacksonville 230 kV Line Onslow County, North Carolina DrwnlChkd: KT/JH ....m..,�..�....R. Figure: 2b 9 o o to 9 n m n n y A N to M La aw I i •a 1 1 _ 717 I iAC 16 � N J. �_ •t_ . a s��VSource: High Resolution NC Statewide Onhoimagery, DUKE �sKE CGIA, 2010: Evaluation Area acquired from Duke Energy. VVV�RRGYs Disclaimer: The inlormation depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information pr --ted is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. ENVIRONMENTAI Project ER15010.31 uERVICES. INCA Delineated Features Date: Sept2016 Grants Creek - Jacksonville 230 kV Line Onslow County, North Carolina Dmn/Chkd: KT/JH ..M.�m Flgurc: 2c )ENERGY r ENERGY �ERVISNtlR .ONMENTAL CES�, INC Source: High Resolution NC Statewide Orthmmagery, I CGIA. 2010: Evaluation Area acquired from Duke Energy. D ,claimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Sumo or prior to re Watory review. Project: ER15010.31 Delineated Features Date: Sept 2016 Grants Creek - Jacksonville 230 kV Line Onslow County, North Carolina Drwn/Chkd: KT/JH Figure: 2d LL ¢ g c C c c C •. gg N N VI � r j - 1 � R t, ] ,. 41 F i_�.; 4is )ENERGY r ENERGY �ERVISNtlR .ONMENTAL CES�, INC Source: High Resolution NC Statewide Orthmmagery, I CGIA. 2010: Evaluation Area acquired from Duke Energy. D ,claimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Sumo or prior to re Watory review. Project: ER15010.31 Delineated Features Date: Sept 2016 Grants Creek - Jacksonville 230 kV Line Onslow County, North Carolina Drwn/Chkd: KT/JH Figure: 2d d 2 9. I OffElO 9 , > o N w A > 3 spm _ s 0 N 4CiI N Source: High Resolution NC Statewide Onhoimagery, I DUKECGIA. 2010; Evaluation Area acquired from Duke Energy. ENERGY- ► Disclaimer The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. ENVIRONMENTAL Project: ER15010.31 �ERICESINC. Delineated Features Date: Sept 2016 Grants Creek -Jacksonville 230 kV Line Onslow County, North Carolina Drwn/Chkd: KT/JH Figure: 2f Grants Creek — Jacksonville DOW Line Onslow County, NC Prepared for: DUKE . ENERGY. Prepared by: ENVIRONMENTAL SERVICES, INC. 4901 Trademark Drive Raleigh, North Carolina 27610 September 2016 Environmental Services, Inc. Table of Contents 1.0 PROJECT DESCRIPTION & UNDERSTANDING............................................................. 1 2.0 METHODOLOGIES & QUALIFICATIONS........................................................................ 1 3.0 PHYSICAL RESOURCES....................................................................................................... 1 3.1 Topography............................................................................................................................. 1 3.2 Soils......................................................................................................................................... 2 3.3 Water Resources...................................................................................................................... 2 4.0 JURISDICTIONAL ISSUES.................................................................................................... 2 4.1 Clean Water Act Waters of the U.S......................................................................................... 2 4.1.1 Wetland Data................................................................................................................... 3 4.1.2 Stream/Surface Water Data............................................................................................. 4 4.2 Clean Water Act Permits......................................................................................................... 6 4.3 Coastal Area Management Act................................................................................................ 6 4.4 Construction Moratoria........................................................................................................... 6 4.5 N.C. River Basin Buffer Rules................................................................................................ 6 4.6 Section 10 of the Rivers and Harbors Act............................................................................... 6 4.7 Endangered Species Act Protected Species............................................................................. 7 4.8 Bald and Golden Eagle Protection Act.................................................................................. 14 4.9 Federal Species of Concern ................................................................................................... 14 4.10 State Protected Species......................................................................................................15 4.11 Cultural / Archaeological Resources..................................................................................... 16 5.0 SUMMARY..............................................................................................................................16 Appendices Appendix A • Topographic and Aerial Figures Appendix B 0 Data Forms t , Environmental Services, Inc. Grants Creek — Jacksonville 230kV Line Onslow County, NC September 2016 1.0 PROJECT DESCRIPTION & UNDERSTANDING Duke Energy is evaluating a proposed transmission line corridor located north of Jacksonville in Onslow County, North Carolina. The corridor is approximately 12.5 miles in length. The evaluated corridor is 400 feet in width to account for the line and potential danger trees. The final proposed right-of-way (ROW) is proposed to be 125 feet wide. The study area is depicted on both a current U.S. Geological Survey (USGS) map (Figurel) and a recent aerial photography (Figure 2) in Appendix A. The study area limits were provided by Duke Energy. Environmental Services, Inc., (ESI) was tasked by Duke to provide the following services for the Grants Creek — Jacksonville 230kV Line: • Jurisdictional wetland, stream, and surface water delineation, • GPS data collection for any delineated wetlands or streams, • Preliminary protected species habitat assessments for federally Endangered and Threatened species, • Preliminary cultural resources assessment, and • Report and graphics preparation. 2.0 METHODOLOGIES & QUALIFICATIONS Prior to the initiation of field efforts, available sources were reviewed, including the applicable U.S. Geological Survey 7.5 -minute topographic quadrangles of Jacksonville North and Kellum, NC (NGS/ESRI 2011), and U.S. Department of Agriculture Soil Survey for Onslow County (USDA 1992). Additionally, records kept by the North Carolina Natural Heritage Program (NCNHP) concerning any known occurrences of federally Threatened or Endangered species were reviewed (NCNHP 2016). 3.0 PHYSICAL RESOURCES The proposed new transmission line is located in the Coastal Plain physiographic province of North Carolina. Specifically, the proposed transmission line is located in the River Bend Formation and the Belgrade Formation, Undivided. (NCDENR 1985). 3.1 Topog_raphy Topography in the study area is flat to gently sloping. Elevations range from a high of approximately 47 feet above mean sea level (MSL) down to approximately 25 feet above MSL through the study area. Grants Creek — Jacksonville 230kV Line Environmental Services, Inc. 3.2 Soils General soil associations occurring in the study area include the Norfolk -Goldsboro -Onslow association. This association is described as nearly level and gently sloping, well drained, moderately well drained, and somewhat poorly drained soils that have a loamy subsoil. There are also portions of the study area that are included in the Muckalee-Dorovan association. This association is described as nearly level, poorly drained soils that are loamy throughout and very poorly drained soils that are muck throughout; occurs on flood plains. 3.3 Water Resources Water resources in the study area are located within the White Oak River basin (USGS hydrologic unit 03020302) (NCCGIA 2001). A Best Usage Classification (BUC) is assigned to waters of North Carolina based on the existing or contemplated best usage of various bodies of water. Table 1 contains the named water resources associated with features located within the study area, their Stream Index Numbers, and their BUCs. The named streams represent the receiving waters of the individual stream segments or tributaries that are located inside the study area. Unnamed streams and tributaries carry the same BUC as their receiving waters, unless otherwise indicated by DWR. Table 1. Named water resources and receiving waters (NCDWR 2013) Stream Name Stream Index # BUC Basin Half Moon Creek 19-6 C;NSW White Oak Horse Swamp 19-16-2-1 QNSW White Oak Little Northeast Creek 19-16-2 QNSW White Oak Northeast Creek 19-16-(0.5) SQNSW White Oak Poplar Creek 19-16-2-3 QNSW White Oak Wolf Swamp 19-16-1 QNSW White Oak Class C waters are used as secondary recreation such as fishing, wildlife, fish consumption, and agriculture. The NSW supplemental designation indicates nutrient sensitive waters, which require limitations on nutrient inputs. Class SC waters are tidal salt waters used as secondary recreation such as fishing, boating, and other activities involving minimal skin contact. There are no Primary Nursery Areas (PNAs) or Outstanding Resource Waters (ORWs) within the project study area (NCDMF 2011). The New River, downstream of the study area in Onslow County, is considered an Anadromous Fish Spawning Area (AFSA) by the North Carolina Division of Marine Fisheries (NCDMF 2007). The proposed project should not have any effect on the New River. 4.0 JURISDICTIONAL ISSUES 4.1 Clean Water Act Waters of the U.S. Section 404 of the Clean Water Act (CWA) requires regulation of discharges into "Waters of the United States". Although the principal administrative agency of the CWA is the U.S. Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers (USACE) has major responsibility for implementation, permitting, and enforcement of provisions of the Act. The USACE regulatory 2 Grants Creek — Jacksonville 230kV Line Environmental Services, Inc. program is defined in 33 CFR 320-330. Water bodies such as rivers, lakes, and streams are subject to jurisdictional consideration under the Section 404 program. However, by regulation, wetlands are also considered "Waters of the United States". According to the Regional Supplement to the ACOE Wetland Delineation Manual for the Atlantic and Gulf Coastal Plain (USACE 2010), areas must exhibit three distinct characteristics to be considered jurisdictional wetlands: 1) prevalence of hydrophytic (water tolerant) plants; 2) presence of hydric soils; and 3) sufficient wetland hydrology indicators within 12 inches of the ground surface. When present, intermittent and perennial stream channels are also considered Waters of the United States under Sections 404 and 401 of the CWA. The USACE "Rapanos" decision allows USACE and EPA to establish CWA jurisdiction under one of two standards. The first standard upholds CWA jurisdiction if the water body is "relatively permanent", and its adjacent wetlands directly about the water body. The second standard upholds jurisdiction if a water body, in combination with all wetlands adjacent to that water body, has a "significant nexus" with traditional navigable waters. Presence of an ordinary high water mark (OHWM) and a continuous bed and bank define streams and tributaries to waters of the U.S. under current USACE guidance. Perennial and intermittent streams are considered relatively permanent waters (RPWs) and are defined by hydrologic regime. Tributaries can be natural or man-made (ditches), but they must possess an OHWM and bed and bank to be considered by USACE. The delineation results described in the following sections are considered preliminary until reviewed or otherwise approved by USACE. Note that any land alteration activities occurring in the study corridor can alter the wetland jurisdiction boundaries and a re-evaluation could be required. 4.1.1 Wetland Data Thirty five (35) wetlands were delineated within the project study area. The wetland types were classified pursuant to the N.C. Wetland Assessment Method (NCWAM). Figures 2a -2j depict the approximate extent and approximate location of the wetlands that were delineated. These graphics are not intended to be a replacement for a traditional survey and are not intended to be used as such. Table 2 contains wetland data collected within the project study area. Wetlands were flagged with sequentially numbered blue and pink -and -black striped flagging. Table 2. Wetland Data for the Grants Creek — Jacksonville 230kV Line. Wetland ID Figure No. NCWAM Classification Acreage Acreage Within Within 400' 125' Proposed Corridor ROW W1 2a Headwater Forest 0.2 <0.1 W2 2a Pine Flat 8.2 3.5 W3 2a Headwater Forest 0.1 0.1 W4 2a Headwater Forest <0.1 -- W5 2a Pine Flat 0.3 0.3 W6 2a -2b Pine Flat 0.1 -- W7 2b Headwater Forest 0.1 <0.1 W8 2b Headwater Forest 19 6.6 3 Grants Creek — Jacksonville 230kV Line Environmental Services, Inc. Table 2. Continued. Wetland ID Figure No. NCWAM Classification Acreage Within 400' Corridor Acreage Within 125' Proposed ROW W9 2b Headwater Forest 2.4 0.7 W l0a 2c Headwater Forest 0.6 0.2 W lob 2c Headwater Forest <0.1 -- Wil 2c Riverine Swamp Forest 1.4 0.3 W12 2c Pine Flat 0.2 -- W13 2c Pine Flat 5.9 2.0 W 14a 2e Headwater Forest 0.2 -- W 14b 2e Headwater Forest 6.4 0.1 W15 2e Pine Flat 9.8 3.1 W16 2f Headwater Forest 1.2 0.1 W17 2f Headwater Forest 4.5 1.3 W18 2f -2g Hardwood Flat 3.5 1.4 W19 2g Hardwood Flat 9.8 3.3 W20 2g Hardwood Flat 4.2 1.7 W21 2g Pine Flat 13.4 4.2 W22 2g Headwater Forest 1.1 0.3 W23 2g -2h Pine Flat 0.1 -- W24 2h Headwater Forest 1.2 0.4 W25 2h Headwater Forest 14.3 4.6 W26 2h Pine Flat 1.9 0.1 W27 2h Pine Flat 1.3 0.3 W28 2h -2i Headwater Forest 1.6 0.5 W29 2i Headwater Forest 0.5 0.1 W30 2i Riverine Swamp Forest 7.8 2.7 W31 2i Headwater Forest 0.2 <0.1 W32 2i -2j Pine Flat 0.2 0.1 W33 2j Pine Flat 0.8 0.3 W34 2j Pine Flat 2.2 0.9 W35 2j Hardwood Flat 1.3 0.4 TOTAL: 126.2 39.6 4.1.2 Stream/Surface Water Data Thirty four (34) stream channel segments and one (1) surface water occur within the project study area. The streams were delineated with sequentially numbered solid blue and orange flagging. USACE and NCDWR stream data forms were completed for the streams in the study area. Table 3 contains the stream data collected within the project study area. Figures 2a -2j depicts the approximate extent and approximate location of the stream channels and wetlands that were delineated. These graphics are not intended to be a replacement for a traditional survey and is not intended to be used as such. Grants Creek - Jacksonville 230kV Line a 'b N CD CD CD I � N CD � w N W CD r w CD a w C� 0 0 w Ln M. C c W O \O c -.4 O� (A C W N - a "O 00 --A m cncn�������rn�������rn������� . W W O \O 00 -.4 O� (A p.. W N - O "O 00 --A O*, to A W a\ ul W N N N N N ••. OQ dq CIQ N . . . . . . M A N A Q. Cl. O. (.•� CD CD A (7 (7 V Cr V Cr C w w � � A W y CD , � � cu �, c� co A CD co (D fD fD (D fD ti � fD (D ., � fD � co CD ., � CD cu (p ., � CD cu cu co co p- co co co 0 0 co � cu � cu � co CD � A CD C � C C CD (D • y w w p, co E. y co c� co co w cu m c� 0— W sv w cv cD co w w w w w co A r � p O� O O O ^r : � = �:� O B O O O C 00 N N Vi J O� 00 � r � N • ` lh a1 ( j DD N N N O Cy r a\ J a\ W J O N J w W J �--� 0\ W W �--• W W In O\ 00 J �O --3 --j 00 00 0o �-• O to 00 O\ �. ON O1 �O 011 W Cn O �O O N W 00 t.A O O --j O Uh O� --j A b •A N W I I W I W N W-g�' W 00 N J N N N 00 O. A "r fD �l v In w O O\ v O IC O\ O O LA cn O\ O� �0 O G fJ�, m •- �- W W N N N to N N J N •- •- -- N W W (ll -- «-• •--• N N •� O. �N (h (h lh Vi J O O O O A to oo O, O J J � A ? .P Q\ � "c D\ '7\ D\ O a,\ �O J J a1 N oil A N VI N N l -1 to N (A N Uh N (lA N (h N CA N 111 N CA lh lA IV (li -1 to --1 kA �l Vt —1 (A J kA —1 (A �l to —1(-A LA t!i to Vi l h lh J (h J Chft `..� ZZZzzzzzzzzzzzzzZzzZZzzzzzzzzzzzzz 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A A q ^� Environmental Services, Inc. 4.2 Clean Water Act Permits Dredge and fill activities in "Waters of the United States" must be authorized by USACE as a regulated discharge pursuant to Section 404 of the CWA and also by NCDWR pursuant to Section 401 of the CWA. Activities authorized by the USACE are subject to further water quality requirements per Section 401 of the CWA. In North Carolina, the NCDWR administers the Section 401 Water Quality Certification process, which also must include plans on how the applicant proposes to manage storm water. Coordination is recommended with USACE in order to determine the permitting requirements for this project, if any. Section 404 permitting may not be necessary if all wetland and stream impacts are avoided; however, concurrence from USACE should be obtained prior to beginning any activities. Hand clearing in wetlands is typically not a regulated activity if there is no ground disturbance. Mechanized clearing in wetlands may be viewed as a regulated activity if heavy equipment disturbs the natural ground surface or contours and if stump removal or grubbing occurs. Compensatory mitigation can be required by USACE if the proposed project is determined to have an adverse effect on Waters of the United States, including wetlands, as a result of a regulated discharge. Nationwide Permit 12 -Condition 23(g) states that "where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of forested or scrub -shrub wetlands to a herbaceous wetland in a permanently maintained utility right-of-way, mitigation may be required to reduce the adverse effect of the project to a minimal level'. Consultation with USACE is recommended to determine if this condition is going to apply to this project. If it is determined that an Individual Permit be required, this same USACE consultation should occur regarding the USACE position on the wetland conversion resulting from the proposed project. 4.3 Coastal Area Management Act North Carolina Division of Coastal Management (NCDCM) regulates certain wetlands and water bodies in the twenty coastal counties of North Carolina under the Coastal Area Management Act (CAMA). Areas subject to CAMA are identified as Areas of Environmental Concern (AECs). There are no AECs in the study area that are subject to CAMA regulations 4.4 Construction Moratoria It is anticipated that no in -water construction moratoria will apply to this project. 4.5 N.C. River Basin Buffer Rules The study area is located in the White Oak River basin. No riparian buffer rules apply to this basin, this study area is not subject to any riparian buffers. 4.6 Section 10 of the Rivers and Harbors Act Section 10 of the Rivers and Harbors Act requires authorization from the USACE for the excavation of material, alteration, obstruction, or construction of any structure in or over any "navigable water" of the United States (33 U.S.0 410 et seq.). "Navigable water" is defined as waters that are subject to the ebb and flow of the tide shoreward to the mean high water mark and/or waters that are presently used, have been used in the past, or are susceptible for use to transport interstate or foreign commerce (33 CFR part 329). The study area is not subject to Section 10 regulations. 6 Grants Creek — Jacksonville 230kV Line Environmental Services, Inc. 4.7 Endangered Species Act Protected Species Species with the federal classifications of Endangered (E), Threatened (T) or Proposed (P) are protected under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). The U.S. Fish and Wildlife Service (USFWS) list fifteen species for Onslow County as of March 25, 2015 (USFWS 2015). NCNHP data updated in July 2016 was accessed to determine if any of these species have been documented inside of or within 0.5 mile of the study area. Table 4. Federal listed species for Onslow County, NC. a E — Endangered T — Threatened T (S/A) — Threatened due to Similarity of Appearance Grants Creek — Jacksonville 230kV Line Federal Potential Biological Scientific Name Common: Name Status Habitat Conclusion Present Alligator American alligator T (S/A) Yes Not Required mississippiensis Chelonia mydas Green sea turtle T No No Effect Eretmochelys Hawksbill sea turtle E No No Effect imbricate Lepidochelys Kemp's ridley sea turtle E No No Effect kempii Dermochelys coriacea Leatherback sea turtle E No No Effect Caretta caretta Loggerhead sea turtle T No No Effect Charadria melodus Piping plover T No No Effect Picoides borealis Red -cockaded E Yes Unresolved woodpecker Trichechus manatus West Indian manatee E No No Effect Thalictrum cooleyi Cooley's meadowrue E No No Effect Carex lutea Golden sedge E No No Effect Lindera melissifolia Pondberry E No No Effect Lysimachia Rough -leaved loosestrife E Yes No Effect asperulaefolia Amaranthus pumilus Seabeach amaranth T No No Effect Calidris canutus rufa Red knot T No No Effect a E — Endangered T — Threatened T (S/A) — Threatened due to Similarity of Appearance Grants Creek — Jacksonville 230kV Line Environmental Services, Inc. American alligator - In North Carolina, alligators have been recorded in nearly every coastal county, and many inland counties to the fall line. The alligator is found in rivers, streams, canals, lakes, swamps, and coastal marshes. Adult animals are highly tolerant of salt water, but the young are apparently more sensitive, with salinities greater than 5 parts per thousand considered harmful. The American alligator remains on the protected species list due to its similarity in appearance to the Endangered American crocodile (Crocodylus acutus) (USFWS 2016a). Habitat Present: Yes Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. Suitable habitat for this species is present within the study area. However, construction activities are not expected to have any permanent impacts to this species or its habitat within the study area. A review of NCNHP records, updated July 2016, indicates no known occurrence of American alligator within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: Not Required Green sea turtle - The green sea turtle is found in temperate and tropical oceans and seas. Nesting in North America is mostly limited to small communities on the east coast of Florida requiring beaches with minimal disturbances and a sloping platform for nesting. The green sea turtle can be found in shallow waters. They are attracted to lagoons, reefs, bays, mangrove swamps and inlets where an abundance of marine grasses can be found, as this is the principle food source for the green sea turtle (USFWS 2016b). Habitat Present: No Suitable habitat for the green sea turtle does not exist within the study area. The study area is too far inland and lacks ocean/beach habitat associated with this species. A review of NCNHP records, updated July 2016, indicates no known occurrence of green sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Hawksbill sea turtle — Hawksbill sea turtles are found in tropical and subtropical oceans. Sightings have been reported on the east coast of the U.S. as far north as Massachusetts, although rarely north of Florida. Sightings have been recorded from a handful of counties in North Carolina, but the turtle is not known to breed here. Adult hawksbills are found in coastal waters, especially around coral reefs, rocky outcrops, shoals, mangrove bays, and estuaries. Juveniles are often seen offshore, in floating mats of seaweed. This species nests on a wide range of beach types and substrates, using both low - and high-energy beaches on islands and mainland sites. The nest is typically placed near or under some vegetation (USFWS 2015c). Habitat Present: No The study area does not contain suitable habitat for this species. The study area lacks the beach, bay, and estuary habitat associated with this species. NCNHP data from July 2016 indicates no occurrences of the Hawksbill sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect 8 Grants Creek — Jacksonville 230kV Line Environmental Services, Inc. Kemp's ridley sea turtle — Kemp's ridley sea turtle is the smallest of the sea turtles that visit North Carolina's coast, and has been sighted in most coastal counties. While the majority of this sea turtle's nesting occurs in Mexico, the species is known to nest on North Carolina beaches infrequently. Kemp's ridley sea turtle can lay eggs as many as three times during the April to June breeding season. This species prefers beach sections that are backed up by extensive swamps or large bodies of open water having seasonal narrow ocean connections and a well-defined elevated dune area. The species prefers neritic area with sandy or muddy bottoms (USFWS 2015d). Habitat Present: No The study area does not contain suitable habitat for this species. The study area lacks the beach, bay, and estuary habitat associated with this species. NCNHP data from July 2016 indicates no occurrences of the Kemp's ridley sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Leatherback sea turtle - The leatherback sea turtle is distributed world-wide in tropical waters of the Atlantic, Pacific, and Indian oceans. They are generally open ocean species, and may be common off the North Carolina coast during certain times of the year. However, in northern waters leatherback sea turtles are reported to enter into bays, estuaries, and other inland bodies of water. Major nesting areas occur mainly in tropical regions. In the United States, primary nesting areas are in Florida, however, nests are known from Georgia, South Carolina, and North Carolina as well. Nesting occurs from April to August. Leatherback sea turtles need sandy beaches backed with vegetation in the proximity of deep water and generally with rough seas. Beaches with a relatively steep slope are usually preferred (USFWS 2016e). Habitat Present: No Suitable habitat for the leatherback sea turtle does not exist within the study area. The study area is too far inland and lacks ocean/beach habitat associated with this species. A review of NCNHP records, updated July 2016, indicates no known occurrence of leatherback sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Loggerhead sea turtle - The loggerhead sea turtle is widely distributed within its range, and is found in three distinct habitats during their lives. These turtles may be found hundreds of miles out in the open ocean, in neritic areas, or on coastal beaches. In North Carolina, this species has been observed in every coastal county. Loggerhead sea turtles occasionally nest on North Carolina beaches, and are the most common of all sea turtles that visit the North Carolina coast. They nest nocturnally, at two to three year intervals, between May and September, on isolated beaches that are characterized by fine- grained sediments. In near shore areas, loggerhead sea turtles have been observed in bays, lagoons, salt marshes, creeks, ship channels, and the mouths of large rivers. Coral reefs, rocky places, and shipwrecks are often used as foraging areas (USFWS 2016f). Habitat Present: No Grants Creek — Jacksonville 230kV Line Environmental Services, Inc. Suitable habitat for the loggerhead sea turtle does not exist within the study area. The study area is too far inland and lacks ocean/beach habitat associated with this species. A review of NCNHP records, updated July 2016, indicates no known occurrence of loggerhead sea turtle within 1.0 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Piping plover - The piping plover breeds along the entire eastern coast of the United States. North Carolina is uniquely positioned in the species' range, being the only State where the piping plover's breeding and wintering ranges overlap and the birds are present year-round. They nest most commonly where there is little or no vegetation, but some may nest in stands of beach grass. The nest is a shallow depression in the sand that is usually lined with shell fragments and light-colored pebbles (USFWS 2016g). Habitat Present: No Suitable habitat for the piping plover does not exist within the study area. The study area lacks beach habitat associated with tlus species. A review of NCNHP records, updated July 2016, indicates no known occurrence of piping plover within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Red -cockaded woodpecker - The red -cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine, for foraging and nesting/roosting habitat. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat. The foraging range of the RCW is normally no more than 0.5 mile (USFWS 2016h). Habitat Present: Yes There is potentially suitable foraging habitat within the study area and throughout the surrounding areas. The study area is dominated by loblolly pine timber tracts in varying stages of succession and maturity. The study area also goes through, and borders, the Hofmann Forest and various Weyerhaeuser tracts with Camp Lejeune and the Croatan National Forest being in close proximity. The opportunity for foraging habitat within the study area is vast and well connected to surrounding areas. Several of the areas evaluated were estimated to be in 25+ year class and had recently been thinned. These areas provide a suppressed understory which affords an open bole on the older pines left standing. Consultation with Hofmann Forest staff indicates that there are pine stands with an age class of 30 years throughout their holdings. Large older stands of pine are infrequent throughout the study area thus limiting the nesting potential. However, given the volume of pine timber managed in the immediate surrounding area, it is probable that nesting habitat could exist within the nearby vicinity of the study area. Aerial surveys are recommended to document the presence/absence of nesting habitat within 0.5 mile of the study area. A review of NCNHP records, updated July 2016, indicates no known occurrence of RCW within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: Unresolved 10 Grants Creek — Jacksonville 230kV Line Environmental Services, Inc. West Indian manatee - West Indian manatees have been observed in all the North Carolina coastal counties. West Indian manatees are found in canals, sluggish rivers, estuarine habitats, salt water bays, and as far off shore as 3.7 miles. They utilize freshwater and marine habitats at shallow depths of 5 to 20 ft. In the winter, between October and April, manatees concentrate in areas with warm water. During the other time of the year habitats for the manatee are those with sufficient water depth, an adequate food supply, and in proximity to freshwater. West Indian manatees require a source of freshwater to drink. West Indian manatees are primarily herbivores, feeding on any aquatic vegetation present, but they may occasionally feed on fish (USFWS 2016i). Habitat Present: No Suitable habitat for the West Indian manatee does not exist within the study area. The study area is too far inland and lacks the direct open water connections to downstream coastal areas.. A review of NCNHP records, updated July 2016, indicates no known occurrence of West Indian manatee within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Cooley's meadowrue - Cooley's meadowrue, documented in the Pine Savanna natural community, occurs in circumneutral soils in sunny, moist to wet grass -sedge bogs, wet -pine savannas over calcareous clays, and savannah -like areas, often at the ecotones of intermittent drainages or non- riverine swamp forests. This rhizomatous perennial herb is also found along plowed firebreaks, roadside ditches and rights-of-way, forest clearings dominated by grass or sedge, and power line or utility rights-of-way. The species requires some type of habitat disturbance (e.g., mowing, clearing, periodic fire) to maintain its open habitat. The plant typically occurs on slightly acidic (pH 5.8-6.6) soils that are loamy fine sand, sandy loam, or fine sandy loam; at least seasonally moist or saturated; and mapped as Foreston, Grifton, Muckalee, Torhunta, or Woodington series (USFWS 1994). Habitat Present: No Suitable habitat for Cooley's meadowrue is not present within the study area. Wet areas within the existing powerline right-of-way have a thick shrub layer, are not frequently maintained, and do not exhibit the wet savanna -like conditions that could provide suitable habitat for Cooley's meadowrue. Forested wetlands in the study area also do not exhibit the wet savanna -like conditions that could provide suitable habitat for Cooley's meadowrue. A review of NCNHP records, updated July 2016, indicates no known occurrences of Cooley's meadowrue within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Golden sedge - Golden sedge, a very rare endemic of the Atlantic Coastal Plain, grows in sandy soils overlying calcareous deposits of coquina limestone, where the soil pH, typically between 5.5 and 7.2, is unusually high for this region. The perennial prefers the ecotone between the pine savanna and adjacent wet hardwood or hardwood/conifer forest. Most plants occur in the partially shaded savanna/swamp where occasional to frequent fires favor an herbaceous ground layer and suppress shrub dominance. Soils supporting the species are very wet to periodically shallowly inundated. 11 Grants Creek — Jacksonville 230kV Line Environmental Services, Inc. Other occurrences may occur on disturbed areas such as roadside and drainage ditches or power line rights-of-way, where mowing and/or wet conditions suppress woody plants. Poorly viable occurrences may occur in significantly disturbed areas where ditching activities that lowers the water table and/or some evidence of fire suppression threatens the species (USFWS 2002). Habitat Present: No Suitable habitat for golden sedge is not present within the study area. Wet areas within the existing powerline right-of-way have a thick shrub layer, are too frequently flooded, are not frequently maintained, and do not exhibit the wet savanna -like conditions that could provide suitable habitat for golden sedge. Wetlands outside of the powerline right-of-way are forested and also do not exhibit the wet savanna -like conditions that could provide suitable habitat for golden sedge. A review of NCNHP records, updated July 2016, indicates no known occurrences of golden sedge within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Pondberry - Pondberry occurs in seasonally flooded wetlands, sandy sinks, pond margins, and swampy depressions. This deciduous, aromatic shrub occurs in bottomland hardwood forests with perched water tables along inland areas of the southeastern United States. In the Coastal Plain of the Carolinas, the species occurs at the margins of limestone sinks and ponds and in undrained, shallow depressions of longleaf pine (Pinus palustris) and pond pine (Pinus serotina) forests. Known occurrences in North Carolina occur in the Small Depression Pocosin natural community, grow in soils with sandy sediments and high water table, contain high peat content in the subsurface, and include a prevalence of shrubs due to historically frequent or intense fires. It generally grows in somewhat shaded areas, but can tolerate full sun (USFWS 1993). Habitat Present: No Suitable habitat for pondberry does not exist within the study area. The study area lacks limestone sinks and ponds or undrained, shallow depressions associated with this species. A review of NCNHP records, updated July 2016, indicates no known occurrence of pondberry within 0.5 mile of the study area. No areas designated as Critical Habitat occur in the study area. BIOLOGICAL CONCLUSION: No Effect Rough -leaved loosestrife - Rough -leaved loosestrife, endemic to the Coastal Plain and Sandhills of North and South Carolina, generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins in dense shrub and vine growth on moist to seasonally satuarated sands and on shallow organic soils overlaying sand (spodosolic soils). Occurrences are found in such disturbed habitats as roadside depressions, maintained power and utility line rights-of-way, firebreaks, and trails. The species prefers full sunlight, is shade intolerant, and requires areas of disturbance (e.g., clearing, mowing, periodic burning) where the overstory is minimal. It can, however, persist vegetatively for many years in overgrown, fire-supressed areas. Blaney, Gilead, Johnston, Kalmia, Leon, Mandarin, Murville, Torhunta, and Vaucluse are some of the soil series that the plant occurs on (USFWS 1995). 12 Grants Creek — Jacksonville 230kV Line Environmental Services, Inc. Habitat Present: Yes Potentially suitable habitat for rough -leaved loosestrife is present within the study area. Some larger wetlands within the corridor are managed, recently thinned pine stands that provide the disturbed habitat and sunlight preferred by this species. Other wetlands within the study area are maintained powerline rights-of-way and regenerating areas of emergent/successional vegetation that exhibit pocosin like characteristics. Sandy soils and organic soils were observed within the aforementioned wetland habitats. ESI biologists Stuart Bryan and Wil Vaughan surveyed areas of potential habitat for rough -leaved loosestrife August 15-16, 2016. A reference population was reviewed prior to conducting the survey. No specimens of rough - leaved loosestrife were identified. A review of NCNHP data, updated July 2016, indicates no known occurrence of rough -leaved loosestrife within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Seabeach amaranth - Seabeach amaranth occurs on barrier island beaches where its primary habitat consist of overwash flats at accreting ends of islands, lower foredunes, and upper strands of noneroding beaches (landward of the wrack line). In rare situations, this annual is found on sand spits 160 feet or more from the base of the nearest foredune. It occasionally establishes small temporary populations in other habitats, including sound -side beaches, blowouts in foredunes, interdunal areas, and on sand and shell material deposited for beach replenishment or as dredge spoil. The plant's habitat is sparsely vegetated with annual herbs (forbs) and, less commonly, perennial herbs (mostly grasses) and scattered shrubs. It is, however, intolerant of vegetative competition and does not occur on well -vegetated sites. The species usually is found growing on a nearly pure silica sand substrate, occasionally with shell fragments mixed in. Seabeach amaranth appears to require extensive areas of barrier island beaches and inlets that function in a relatively natural and dynamic manner. These characteristics allow it to move around in the landscape, occupying suitable habitat as it becomes available (USFWS 2016j). Habitat Present: No Suitable habitat for the seabeach amaranth does not exist within the study area. The study area lacks beach/dune habitat associated with this species. A review of NCNHP records, updated July 2016, indicates no known occurrence of seabeach amaranth within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Red knot — The rufa red knot is one of the six recognized subspecies of red knots, and is the only subspecies that routinely travels along the Atlantic coast of the United States during spring and fall migrations. It is known to winter in North Carolina and to stop over during migration. Habitats used by red knots in migration and wintering areas are similar in character: coastal marine and estuarine habitats with large areas of exposed intertidal sediments. In North America, red knots are commonly found along sandy, gravel, or cobble beaches, tidal mudflats, salt marshes, shallow coastal impoundments and lagoons, and peat banks. Ephemeral features such as sand spits, islets, shoals, and sandbars, often associated with inlets can be important habitat for roosting (USFWS 2016k). 13 Grants Creek — Jacksonville 230kV Line Environmental Services, Inc. Habitat Present: No Suitable habitat for the red knot does not exist within the study area. The study area lacks beach/dune habitat associated with this species. A review of NCNHP` records, updated July 2016, indicates no known occurrence of red knot within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect 4.8 Bald and Golden Eagle Protection Act Bald eagles typically feed on fish but may also consume birds and small mammals. In the Carolinas, nesting season extends from December through May (Potter et al. 1980). Bald eagles typically nest in tall, living trees in a conspicuous location near water and forage over large bodies of water with adjacent trees available for perching (Hamel 1992). The bald eagle was officially delisted and removed from the federal Endangered Species List on August 9, 2007, but they are still protected under the federal BGPA and the MBTA. The National Bald Eagle Management Guidelines (Guidelines) prohibit disturbance to a bald eagle. The Guidelines define disturb as "to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available: 1) injury to an eagle; 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior; or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior." The definition also covers impacts that result from human -caused alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagles return, such alterations agitate or bother an eagle to a degree that injures an eagle or interferes with normal breeding, feeding, or sheltering behavior. Under the current Guidelines, USFWS recommends the following measures for roads, trails, canals, power lines, and other linear utilities. If the eagle nest can be seen from the project site and there is no similar activity within 660 feet, then USFWS recommends that the project: 1) maintain a buffer of at least 660 feet between your activities and the nest; 2) maintain any established landscape buffers; and 3) if possible, create additional landscape buffers to screen the new activity from the nest. If these recommendations cannot be adopted for the project, then coordination is recommended with the local USFWS office. ESI did not identify any evidence of bald eagle activity while working inside the study area. NCNHP data from July 2016 indicates no documented occurrences of bald eagle within 0.5 mile of the study area. 4.9 Federal Species of Concern The March 25, 2015 USFWS list for Onslow County also includes a category of species designated as "Federal Species of Concern" (FSC). Federal species of concern are not afforded federal protection under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally Proposed (P) or listed as Threatened (T) or Endangered (E). However, the status of these species is subject to change, and so should be included for consideration. FSC are defined as species that are under consideration for listing for which there is insufficient information to support listing. The presence of potential habitat is based on the following NCNHP documents: List 14 Grants Creek — Jacksonville 230kV Line Environmental Services, Inc. of Rare Plant Species of North Carolina (NCNHP 2014a) and List of Rare Animal Species of North Carolina (NCNHP 2014b). 4.10 State Protected Species Some species that are listed as FSC by USFWS also receive limited state protection. Those species that are listed as both FSC and as North Carolina state -listed Endangered (E), Threatened (T), and Special Concern (SC) are identified in Table 5. These species receive limited protection under the North Carolina Endangered Species Act (G.S. 113-331 et seq.) and the North Carolina Plant Protection Act of 1979 (G.S. 106-202.12 et seq.). Table 5. Federal Species of Concern for Onslow County, NC 15 Grants Creek — Jacksonville 230kV Line N.C. NCNHP Common Name Scientific Name Status' Potential 0.5 -Mile T; E, SC Habitat Occurrence American eel Anguilla rostrata -- No No Bachman's sparrow Aimophila aestivalis SC No No Black rail Laterallus jamaicensis SC No No Carolina gopher frog Rana capito capito T No No Eastern henslow's Ammodramus henslowii No SC No sparrow susurrans Eastern painted No bunting Passerina ciris ciris SC No Mimic glass lizard Ophisaurus mimicus SC No No Southern hognose Heterodon simus SC No No snake Bucholz's dart moth Agrotis bucholzi -- No No A skipper Atrytonopsis sp. 1 -- No No Awned Rhexia aristosa SC -V No No meadowbeauty Boykins lobelia Lobelia boykinii E Yes No Carolina grass -of- No Parnassia caroliniana T No parnassus Carolina trillium Trillium pusillum var. pusillum E Yes No Coastal beaksedge Rhynchospera pleiantha T Yes No Coastal goldenrod Solidago villosicarpa E No No Grassleaf arrowhead Sagittaria weatherbiana E No No Loose watermilfoil Myriophyllum laxum E No No Many -flowered Calopogon multorus E No No grass -pink Pineland plantain Plantago sparsiflora T No No Pondspice Litsea aestivalis SC -V No No 15 Grants Creek — Jacksonville 230kV Line Environmental Services, Inc. Table 5. Continued. N.C. NCNHP Common Name Scientific Name Status' Potential 0.5 -Mile T, E, SC Habitat Occurrence Savanna onion Allium sp. 1 __ No No Smooth -seeded hairy Scleria sp. 1 __ No No nutrush Spring -flowering Solidago verna __ Yes No goldenrod Swamp forest Rhynchospera decurrens T Yes No beakrush Thorne's beakrush Rhynchospera thornei SC -V No No Venus' fly -trap Dionaea muscipula SC -V No No Wagner's spleenwort Asplenium heteroresiliens E No No A quillwort Isoetes microvela T No No T=Threatened, E=Endangered; SC=Special Concern; SC-V=Special Concern -Vulnerable 4.11 Cultural / Archaeological Resources Research conducted by ESI at the Survey and National Register Branch of the North Carolina State Historic Preservation Office (SHPO) on 29 March 2016 revealed that no previously recorded historic properties listed in, eligible, or potentially eligible for listing in the National Register of Historic Places (National Register) are located directly within the proposed project area. Research conducted by ESI at the North Carolina Office of State Archaeology (OSA) on 29 March 2016 revealed that no previously recorded archaeological sites are located directly within or immediately adjacent to the proposed project area. 5.0 SUMMARY The project study area contains thirty-five wetlands, thirty-four stream channels, and one surface water. Impacts to jurisdictional areas should be avoided and minimized as much as practicable. Potential habitat is present in the study area for the federally listed rough -leaved loosestrife. Surveys were conducted for this species but none was observed within the study area. RCW foraging habitat is present and aerial surveys are recommended to resolve this issue. Unavoidable impacts must be coordinated with the applicable resource agency and permitting and mitigation could be required for regulated discharged. No issues regarding cultural or archaeological resources were identified. 16 Grants Creek — Jacksonville 230kV Line Environmental Services, Inc. References Hamel, P.B. 1992. Land Manager's Guide to the Birds of the South. The Nature Conservancy, Southeastern Region, Chapel Hill, NC. 437 pp. National Geographic Society/ESRI. 2011. I -cubed seamless USGS quadrangle (Jacksonville North and Kellum, NC). N.C. Center for Geographic Information and Analysis. 2001. State of North Carolina Hydrologic Unit Map. N.C. Department of Environment and Natural Resources. 1985. Geologic Map of North Carolina. N.C. Division of Marine Fisheries. 2007. Anadromous Fish Spawning Areas, White Oak River Area and New River Area, Map 1. http://portal.ncdenr.org/web/mf/ (Accessed August 2016). N.C. Division of Marine Fisheries. 2011. Fishery Nursery Areas. http://portal.ncdenr.org/web/mf/ (Accessed August 2016). N.C. Division of Water Resources. 2013. NC Water Quality Classifications by NC River Basin. http://portal.ncdenr.org/web/wq/ps/csu/classifications (Accessed August 2016). N. C. Natural Heritage Program. 2014a. List of Rare Plant Species of North Carolina 2014. North Carolina Natural Heritage Program. 138 pp. N. C. Natural Heritage Program. 2014b. List of Rare Animal Species of North Carolina 2014. North Carolina Natural Heritage Program. 172 pp. N. C. Natural Heritage Program. 2016. July 2016 NHP Element Occurrences. Raleigh, NC. (Accessed July 2016). Potter, E.F., J.F. Parnell, and R.P. Teulings 1980. Birds of the Carolinas. The University of North Carolina Press, Chapel Hill, NC. 408 pp. U.S. Army Corps of Engineers. 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0). Vicksburg, MS. 180 pp. U.S. Department of Agriculture. 1992. Soil Survey of Onslow County, North Carolina. U.S. Department of Agriculture, Soil Conservation Service. 139 pp. + maps U.S. Fish and Wildlife Service. 1993. Pondberry Recovery Plan. Atlanta, GA. 56 pp. U.S. Fish and Wildlife Service. 1994. Cooley's Meadowrue Recovery Plan. Atlanta, Georgia. 29 pp. U.S. Fish and Wildlife Service. 1995. Rough -leaved Loosestrife Recovery Plan. Atlanta, GA. 32pp. U.S. Fish and Wildlife Service. 2002. Endangered and Threatened Wildlife and Plants; Endangered Status for Carex lutea (Golden Sedge). 67 FR 3120-3126. 17 Grants Creek— Jacksonville 230kV Line Environmental Services, Inc. U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines U.S. Fish and Wildlife Service. 2015. T&E species listed for Onslow County. http://www.fws.gov/raleigh/species/cntylist/nc_counties.html (Accessed August 2016). U.S. Fish and Wildlife Service. 2016a. American alligators in North Carolina. Http://www.fws.gov/nces/reptile/alligat.htnil (Accessed July 2016). U.S. Fish and Wildlife Service. 2016b. Green Sea Turtles in North Carolina. Http://www.fws.gov/nces/reptile/greensea.html (Accessed July 2016). U.S. Fish and Wildlife Service. 2016c. Hawksbill Sea Turtles in North Carolina. Http://www.fws.gov/nces/reptile/hawksbill.html (Accessed July 2016). U.S. Fish and Wildlife Service. 2016d. Kemp's Ridley Sea Turtles in North Carolina. Http://www.fws.gov/nces/reptile/ridley.html (Accessed July 2016). U.S. Fish and Wildlife Service. 2016e. Leatherback Sea Turtles in North Carolina. Http://www.fws.gov/nces/reptile/leather.html (Accessed July 2016). U.S. Fish and Wildlife Service. 2016£ Loggerhead Turtles in North Carolina. Http://www.fws.gov/nces/reptile/logger.html (Accessed July 2016.) U.S. Fish and Wildlife Service. 2016g. Piping plover (Charadrius melodus) Species Profile. Http:Hecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B079 (Accessed July 2016.) U.S. Fish and Wildlife Service. 2016h. Red -cockaded Woodpecker (Picoides borealis). http://www.fws.gov/rcwrecovery/rcw.html (Accessed August 2016). U.S. Fish and Wildlife Service. 2016i. West Indian Manatees in North Carolina. http://www.fws.gov/nc-es/mammal.html (Accessed August 2015). U.S. Fish and Wildlife Service. 2016j. Seabeach Amaranth (Amarathus pumilus). http://www.fws.gov/nc-es/plant/seabamaranth.html (Accessed August 2016). U.S. Fish and Wildlife Service. 2016k. Rufa Red Knot (Calidris canutus rufa). https://www.fws.gov/northeast/redknot/pdf/Redknot_BWfactsheet092013.pdf (Accessed August 2016). U.S. Geologic Survey. 2011. http://mrdata.usgs.gov/mrds/ (Accessed August 2016). Webster, W.D., J.F. Parnell, and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia, and Maryland. Chapel Hill: The University of North Carolina Press. 255 pp. 18 Grants Creek — Jacksonville DOW Line Environmental Services, Inc. Appendix A Figures 19 Grants Creek — Jacksonville 230kV Line P.\GeoGra\Projects\2015\010\31\GIS\fig_topo. mxd Date. 9/7/20163.08.34 PM c � 4 w w. S1 CD J— CD + t ) O CD CD ♦ } # ► s �(f -, tip. • C ti '7 .. 4 • ,•^\� L�.... '"1� ` _ •R+. •spa / fr �..�� [ +,> •• _� .mom t �,., � • } s 1 .1 ., [ 1 i� .. m x �r�, • . • . rAY j1 • 1;• }� • \ // ^.- / {jy�.. Twp.•. ` t•• .,.,,M' � \^+.,-.-. � �.,,(. s wad R ■ � R n. . ..t,i�; �,. � R • f `' M1 / lit • �, y 1sa8 •at g,'' s,98's ¢(,gyp } • `� J tt N •i`ps - ^� at •F � 4 . Cry ,i-t�Y��f �r� �•f �.` ,� a ., k 5 — .%+•a1r__ �¢a�aaR......+j ®Ra° mR*a #ff a�, ! �' C=a •� b0 n +a,,, a y'•r,�• � `'��_. or- -.11/ • db ,......sn++ fd ti�u 10 m . 4 / #! I T «. "'•, a - 7 � � ,>r '�;y d�' �� t4 �f�r'.�•aasu o -i a ti�f;f J � S�' f� �r".,.:~+`'. a to )) '' t x,g 4� !. `lll.34LCR1.1iiF •t'i OYY 3�]:5 J: +.RSR+d. � i# � - � •��.P� alae ..j� 99°V �t �{'//'�1 .✓)//// iE;'44 Vit, �^ q • /l , a a o / .. as A DUKE- "'* ` ENERGY ` Source:2011 National Geographic Society/ESRI, i -cubed seamless USGS quadrangles (Jacksonville North and Kellum, NC), Project Study are acquired from Duke Energy. Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. ,.. ENVIRONMI•:M AI. SERVICES, INC. 4901 Trademark Drive Raleigh. North Carolina 27610 .y `919,212-1760 (919) 212-1707 Fez env,r-meta serv;ces;nc nom Project Location Grants Creek -Jacksonville 230 kV Line Onslow County, North Carolina Project: ER15010.31 Date: Sept 2016 Drwn/Chkd: KT/JH Figure: 1c P 1GeoGma Projects\20151010\31\GIS\fig_topo—ol Date. 9/7/2016 3:08.34 PM Z goo� 0'(D 0 CD CDM O 9 C C C N < k, (D (n- (n- (n- � C 3 NQ Q Q NON m n (i F) 0 T N c o O- O. O. (n O. O 7 7 7 CD v v v D o (.=Dl m (D IDC (D C 0 O ° (D Z1,0 y O 3 v a a 0 m3 n 7 D o o m t (D Q 0 C F a m >- m 0 (D y C N (D . y rT DUNCE ENER%C%7Yr ENVIRONMENTAL SERVICES, INC. 4901 Trademark Drive Raleigh, North Carolina 27610 (9191212-1760 ..` (919)212-1707 Fax ww enwronm enfalserwcesrnc com zv- > y y`y y'y y y 1 >1 $ y y a � y qF r +1Aik yy . P\G,,Gra\Projects\2015\010\31\GIS\FigJoris.mxd Date 8/31/201640237PM N Source: High Resolution NC Statewide Orthoimagery, CLIA, 2010, Evaluation Area acquired from Duke Energy. Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review an is intended for use only by a Professional Land Surveyor prior to regulatory review. Delineated Features Grants Creek - Jacksonville 230 W Line Onslow County, North Carolina Project ER 15010.31 Date: Aug 2016 Drwn/Chkd: KT/JH Figure: 2a d 2P. O^ ` Source: High Resolution NC Statewide Orthoimagery, CGIA, 2010; Evaluation Area acquired from Duke Energy. Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and J 3.m- is intended for use only by a Professional Land Surveyor prior to regulatory review. I �� L CI'S, [. �t 1 T,�do ('l:S, INC.INC• ;1Trallomark0olia Delineated Features Grants Creek - Jacksonville 230 kV Line Project: ER15010.31 Date: Aug 2016 Faleigh, North Carolina 27610 �( 19, 212-1761 .__. ,P,9, 2,2-, 707 Fax Onslow County, North Carolina .. � N N N, d m o (D (D o r O° m o 7 M L L L CC C 2. �. 2. in uI En n a N Cil ;::p rn m < W � 4 ♦ } .. ' 1. - �♦ W ° .. - - - - a .. !v ° CD p m O O O O O ♦} o,a a v v v 3 D `. ICDB s cn cn v ', o N !. N v dn0 ~ 7 .♦ , � o m * (D Q . o (D ♦* m 0 ti. i a4 /• DUKE ENERGY. ` Source: High Resolution NC Statewide Orthoimagery, CGIA, 2010; Evaluation Area acquired from Duke Energy. Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. I �� L CI'S, [. �t 1 T,�do ('l:S, INC.INC• ;1Trallomark0olia Delineated Features Grants Creek - Jacksonville 230 kV Line Project: ER15010.31 Date: Aug 2016 Faleigh, North Carolina 27610 �( 19, 212-1761 .__. ,P,9, 2,2-, 707 Fax Onslow County, North Carolina Drwn/Chkd: KT/JH wan ;.o nantala,�a�;n� on Figure: 2b P'\Ge,Gra\P,,j,,ts\2015\010\31\GIS\FigJuris. mxd Date 6/31/20164'. 02'.37 PM 0 _Z T C) I � N N a m59 ? tc �c mm r � T. � m c C) 9 C C C N < -• m c c l v m �m (1). C m m o < a y a C1 n m .-. T N m^_ _ N y 0 m O O O C O R 7 7 C m N v v 3 D o at a (_n in C v m o O ° CD ::k (D cC w 3 N a) N a 0. 3. m 0 0= 3 CD a 2L m5D CD w a O c o yt Y �. z NA � a 41 Ak, Source: High Resolution NC Statewide Orthoimagery, DUKE CGIA, 2010; Evaluation Area acquired from Duke Energy. • ENERGY, Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. ENVIRONMENTAL Project: ER15010.31 SERVICES, INC. Delineated Features Date: Aug016 4901 Tredemark NorthC Raleigh, North Carolina 27610 li° RaleGrants Creek - Jacksonville 230 W Line g i (919)212-1760 Drwn/Chkd: KT/JH (919(212-1707 Fax Onslow County, North Carolina wwwen�,.onmentalseme-me <om Figure: 2c P\GeoGra\Prole,ts\2015\010\31\GIS\F,9_j—s. m,d Date 8/31/2016 4 02 37 PM i Source: High Resolution NC Statewide Orthoimagery, ffti� DUKE CGIA, 2010; Evaluation Area acquired from Duke Energy. '' ENERGY Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. h:AN IRO11D1F.NTAL Project: ER15010.31 Delineated Features SERvI('l�s, INC. Date: Aug016 49leigh, .rlhkDnve Grants Creek - Jacksonville 230 kV Line s Raleigh, Norih Caroline 27fi10 (919)212-1760 Drwn/Chkd: KT/JH (919)212-1707 Fax Onslow Countv, North Carolina P'\Geo Gra\Projects\2015\01031\GIS\Fig_juris.mxd Dale. 8/31/201640237 PM f 0 C) m C— C C— C C C N m < f t . = rn a to (n a a M v t + f. 0 CD O O O (Df� O W� CIS v � v v C 3 D m +f 1 CDCD (D 71, CD Source: High Resolution NC Statewide Orthoimagery, ffti� DUKE CGIA, 2010; Evaluation Area acquired from Duke Energy. '' ENERGY Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. h:AN IRO11D1F.NTAL Project: ER15010.31 Delineated Features SERvI('l�s, INC. Date: Aug016 49leigh, .rlhkDnve Grants Creek - Jacksonville 230 kV Line s Raleigh, Norih Caroline 27fi10 (919)212-1760 Drwn/Chkd: KT/JH (919)212-1707 Fax Onslow Countv, North Carolina P'\Geo Gra\Projects\2015\01031\GIS\Fig_juris.mxd Dale. 8/31/201640237 PM W a ,v ^1. m r' O L L L rri o m CC 2 C S. N (D < m . (n zi- (n (n C E o d Q d m 11) m ? d a Q) = -'1 C 0 CD N n cCD o' o' o (n O o m F °�1D ' v v v D CD �. 7 cil X CD C m C a o 3n 0 0 0 * (D Q D iv0 N C O � 19 i r e:E 'fa r1' ¢ 1 1 ` 1 Cn 00 1 Al t . '1 4. Vilt J I�w o- e+ Y !!n Caw 1 I {{ I ir r / I / 1 1 Source: High Resolution NC Statewide Orthoimagery, DUKECGIA, 2010; Evaluation Area acquired from Duke Energy. ENERGY, ` Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. ENN IRONNIENTAI. Project: ER15010.31 SE,RVICEIS, INC. Delineated Features Date: Aug016 4901 TrahemsCX RaleghNorth Cara hna 27610 Grants Creek - Jacksonville 230 kV Line g i. lan 19,212-1760 Onslow County, North Carolina Drwn/Chkd: KT/JH (_19) 212-1707 Fax wwwanvir-m-false-cesmc <om Figure: 2e P\GeoGra\Projects\2015\010\31\GIS\FigJuris.mxd ()ate. 8/31/20164.0237 PM 3 I Ij„�.. ; J (� (D ®a IF , a � m m ffl 1 C) c c c iv < — -•- m N N J in V1 rA 3 D, a Iz_ 0- c 1 s cn o 0 0 m o > > m 0 CD Cn 0CL.. v J J O \ * 1 1 l D O N = a I '- to 1 f ♦ 'AF,, ff r f 6� rg A ` A- -0 0" `7 ° x y x r_ s -Ir IV 0 ♦.c, � p , 11 � a to N ` ., 45, 'a _ A f? r slop n, x a i t.1 a s Source: High Resolution NC Statewide Orthoimagery, DUKECGIA, 2010: Evaluation Area acquired from Duke Energy. ENERGY, ` Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. ENVIRONMENTAL Project: ER15010.31 SERVICES, INC. Delineated Features Date: Aug 2016 4901Trademark Carolina Grants Creek - Jacksonville 230 W Line Raleigh, North Carolina 2761D (919(212-1760 Onslow County, North Carolina Drwn/Chkd: KT/JH (919( 212-1707 Fax wwwan „o manlal=a, -m Figure: 2f P \Ge,G,a\P,,I,,ts\2015\010\31\GIS\F,g_j,,,, m,d Date 8/31/2016 4 02 37 PM P \Geo Gra\Prole,ts\2015\010\31\GIS\FigJuris,,,d Date 8/3112016 4 02 37 PM P \Geo Gra\Prc)ects\2015\010\31\GIS\FgJuris.mxd Date 8/31/20164 0237 PM �Z a r E35 ®o a r �y. �c a C C- C- m ID m y m O d o C �. C C N < E-1 U1 a in (n a n 1<6 = mO m N c o Na cxo _ .n-. �_ OL) w v m (.nO O 7 O O 7 7 N O °' v v v 3 D ° C " C. 0 0 0cD (n (n v W O CD a N n o 3 C _ f CD Q 0 d 61 S C d N Q y o (D y (p 1- r r 9rr. � rr t.p s a• LtijJ i`J b „;. a r^ rr w'y r Source: High Resolution NC Statewide Orthoimagery, tV U KFCGIA, 2010, Evaluation Area acquired from Duke Energy. ENERGY` Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. Project: ER15010.31 ENVIRONMENTAL Delineated Features SERVICES, INC. Date: Aug 2016 490, 27610 TrademarkCarol Raleigh, NorthhCarolina Grants Creek - Jacksonville 230 W Line (919) 212-1760 Onslow County, North Carolina Drwn/Chkd: KT/JH 212-1707 Fax (919) wwwanwronmenta se -yes- cam Figure. 2j P\G,,Gra\Projects\2015\010\31\GIS\F,g_j—s—d Date 8/31/2016 4 02 37 PM TRANSMISSION LOOP LINE U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-00819 County: Onslow U.S.G.S. Quad: NC-KELLUM NOTIFICATION OF JURISDICTIONAL DETERMINATION Requester: Environmental Services, INC Robert Turnbull 4901 Trademark Drive Raleigh, NC 27610 Size (acres) 230 Nearest Waterway Grants Creek USGS HUC 03020301 Nearest Town Jacksonville River Basin Onslow Bay Coordinates Latitude: 34.7745322207274 Longitude: -77.2738679368903 Location description: The project area for a proposed Duke Energy Substation is located on the north side of Old 30 Road at its intersection with Rocky Run Road, Jacksonville, Onslow County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SAW -2016-00819 _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Brennan Dooley at (910) 251-4694 or Brennan.J.Doolev(&usace.armv.mil. C. Basis For Determination: The site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and appropriate Rep-ional Supplement. The water bodies exhibit ordinary hi¢h water marks as indicated by the absence of veeetation in the stream channel and the presence of bed and bank, sediment deposition and wrack lines. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination 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 request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Page 2 of 2 SAW -2016-00819 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** DOO(L1E1Y..BRENNAN.JOHN. DDiigliCallUSignedby .Go�meBRENNAN.JOHN151 92613 Corps Regulatory Official: 1512992613 cn=DO201L704.18 NAN.4OHN.1012992613 Date: April 18, 2017 Expiration Date: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://cornsmayu.usace.anny.mil/cm qpex/Pp=l36A:0. Page 3 of 2 ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): April 18, 2017 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Duke Energy Progress 410 Wilmington Street, NC 02 Raleigh, NC 27601 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW -2016-00819 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: On slow City: Jacksonville Center coordinates of site (lat/long in degree decimal format): Lat. 34.773640 N, Long. 77.275370 W. Universal Transverse Mercator: 18S 291779 3850299 Name of nearest waterbody: Little Northeast Creek Identify (estimate) amount of waters in the review area: Non -wetland waters: linear feet: 7,244 ft width (ft): 4 and/or acres. Cowardin Class: Riverine Stream Flow: Perennial Wetlands: 211.6 acres. Cowardin Class: Forested Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: NA Non -Tidal: NA E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 6/1/2016, 8/9/2016 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 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 approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that 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) that 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) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (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 preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, 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, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): 2 E Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Environmental Services, Inc. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name:1:24,000 Kellum, NC ®USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS digital Soil Survey of Onslow County, 2009 ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date):. 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 iurisdictional determinations. Digitally signed by DOOLEY.BRENNAN DOOLEY.BRENNANJOHN.1512992613 DN: c=U5, o=U.S. Government, ou=DoD, PKI, ou=USA, .JOHN.1512992613 cn=DOOLEYB ENNAN.JOHN.1512992613 Date: 2017.04.18 08:17:56 -04'00' Signature and date of Regulatory Project Manager (REQUIRED) Signatur-, and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Estimated amount of Class of Site Cowardin aquatic resource Latitude Longitude aquatic number Class in review area resource Linear Acres ft. W1 34.77524 -77.27991 PSS/PFO 211.6 Non-Section 10 — Wetland Non-Section T1 34.77302 77.27483 Riverine 3,308.5 0—Non- 10—Non- Wetland Wetland Non-Section T2 34.77093 -77.27586 Riverine 2,171.2 10—Non- 0—Non- Wetland Wetland Non-Section T3 34.76963 -77.27400 Riverine 467.8 10 — Non- Wetland Non-Section T4 34.77473 -77.27383 Riverine 1,296.6 10 — Non- Wetland 0 D7�: , , m o O ] Q atc V, i _ 0 CD °1 N CTI4 (D O_ p 6 �� iT)p~ v D m m' 3 v °' CD �. s �- �.� tea• � �„�� Source: NAIP Orthoimagey, 2014; �� — Project Study area acquired from Onslow County Parcel data, 2015. T1+/ o"ENERGY,KEDisclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. Project: ER15010.32 ENVIRONMENTAL Jurisdictional Features Map SERVICES, INC. Date: Aug 2016 vi 4901 oriCarolinGrants Creek SubstationRaleigh. North Carolina 27610 (91 9)212-1760 Onslow County, North Carolina Drwn/Chkd: KT/RT (919) 212-1707 Fax www enwronmenralsery—sine com Figure: 2 P\Ge oG ra\P role cls\2015\010',2\GIS\fq aenal 1.m.a Dale 10/12/2016 9 33 41 AM Grants Creek Substation Onslow County, NC Version 2 Prepared for: DUKE ENERGY, Prepared by: 91 ENVIRONMENTAL SERVICES, INC. 4901 Trademark Drive Raleigh, North Carolina 27610 August 2016 Environmental Services, Inc. Table of Contents 1.0 PROJECT DESCRIPTION & UNDERSTANDING.................................................................. 1 2.0 METHODOLOGIES & QUALIFICATIONS............................................................................ 1 3.0 PHYSICAL RESOURCES......................................................................................................... 1 3.1 Topography............................................................................................................................. 1 3.2 Soils.........................................................................................................................................1 3.3 Water Resources...................................................................................................................... 2 4.0 JURISDICTIONAL ISSUES...................................................................................................... 2 4.1 Clean Water Act Waters of the U.S......................................................................................... 2 4.1.1 Wetland Data................................................................................................................... 3 4.1.2 Stream, Surface Water, and Tributary Data.................................................................... 3 4.2 Clean Water Act Pen -nits ......................................................................................................... 4 4.3 Coastal Area Management Act................................................................................................ 4 4.4 Construction Moratoria........................................................................................................... 4 4.5 N.C. River Basin Buffer Rules................................................................................................ 4 4.6 Section 10 of the Rivers and Harbors Act............................................................................... 4 4.7 Endangered Species Act Protected Species............................................................................. 5 4.8 Bald and Golden Eagle Protection Act ................ ............................. 10 ..................................... 4.9 Federal Species of Concern................................................................................................... 10 4.10 State Protected Species.......................................................................................................... 10 4.11 Cultural / Archaeological Resources..................................................................................... 12 5.0 SUMMARY.............................................................................................................................. 12 6.0 REFERENCES..........................................................................................................................10 Appendices Appendix A • Topographic and Aerial Figures Appendix B 0 Data Forms Environmental Services, Inc. Grants Creek Substation Onslow County, NC August 2016 1.0 PROJECT DESCRIPTION & UNDERSTANDING The project study area is located east of Jacksonville, on Old 30 Road, at the intersection with Rocky Run Road in Onslow County, North Carolina. Duke Energy is proposing a new Grants Creek Substation. The study area is depicted on both a current U.S. Geological Survey (USGS) map (Figure l) and a recent aerial photography (Figure 2) in Appendix A. Environmental Services, Inc., (ESI) was tasked by Duke to provide the following services for the Grants Creek Substation project: • Jurisdictional wetland, stream, and surface water delineation, • GPS data collection for any delineated wetlands or streams, • Preliminary protected species habitat assessments for federally Endangered and Threatened species, • Agency review with Army Corps of Engineers and Division of Water Resources, • Preliminary cultural resources assessment, and • Report and graphics preparation 2.0 METHODOLOGIES & QUALIFICATIONS Prior to the initiation of field efforts, available sources were reviewed, including the applicable U.S. Geological Survey 7.5 -minute topographic quadrangle of Kellum, NC (NGS/ESRI 2011), and U.S. Department of Agriculture Soil Survey for Onslow County (USDA 1992). Additionally, records kept by the North Carolina Natural Heritage Program (NCNHP) concerning any known occurrences of federally Threatened or Endangered species were reviewed (NCNHP 2015). 3.0 PHYSICAL RESOURCES The study area is located in the Coastal Plain physiographic province of North Carolina. Specifically, the substation is located primarily in the Belgrade formation of the Coastal Plain (NCDENR 1985). 3.1 Topography Topography in the study area is mostly flat with some areas of small elevation change. Elevations range from a high of approximately 12 feet above mean sea level (MSL) down to approximately 10 feet above MSL through the study area. 3.2 Soils The general soil associations occurring in the study area is the Rains-Woodington-Torhunta Association. These are nearly level, poorly drained and very poorly drained soils that have a loamy or clayey subsoil on uplands. 1 Grants Creek Substation Environmental Services, Inc. 3.3 Water Resources Water resources in the study area are located within the White Oak River basin (USGS hydrologic unit -- 03020302) (NCDEQ 2016). A Best Usage Classification (BUC) is assigned to waters of North Carolina based on the existing or contemplated best usage of various bodies of water. Table 1 contains the named water resources associated with features located within the study area, their Stream Index Numbers, and their BUCs. The two named streams represent the receiving waters of the individual segments or tributaries that are located inside the study area, given the study area is located between these two drainages. Unnamed streams and tributaries carry the same BUC as their receiving waters, unless otherwise indicated by DWR. I able 1. Named water resources and receiving waters (NCDWR 2013) Stream Name Stream Index # BUCBasin Little Northeast Creek 19-16-2-1 C;NSW White Oak Grants Creek 20-14-1 C White Oak Class C waters are used as secondary recreation such as fishing, wildlife, fish consumption, and agriculture. The NSW supplemental designation indicates nutrient sensitive waters, which require limitations on nutrient inputs. Portions of Little Northeast Creek, Grants Creek, and the White Oak River are considered an Anadromous Fish Spawning Area (AFSA) by the North Carolina Division of Marine Fisheries (NCDMF 2007). The proposed project should not have any effect on these waters. 4.0 JURISDICTIONAL ISSUES 4.1 Clean Water Act Waters of the U.S. Section 404 of the Clean Water Act (CWA) requires regulation of discharges into "Waters of the United States". Although the principal administrative agency of the CWA is the U.S. Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers (USACE) has major responsibility for implementation, permitting, and enforcement of provisions of the Act. The USACE regulatory program is defined in 33 CFR 320-330. Water bodies such as rivers, lakes, and streams are subject to jurisdictional consideration under the Section 404 program. However, by regulation, wetlands are also considered "Waters of the United States". According to the Regional Supplement to the ACOE Wetland Delineation Manual for the Atlantic and Gulf Coastal Plain Region (USACE 2010), areas must exhibit three distinct characteristics to be considered jurisdictional wetlands: 1) prevalence of hydrophytic (water tolerant) plants; 2) presence of hydric soils; and 3) sufficient wetland hydrology indicators within 12 inches of the ground surface. When present, intermittent and perennial stream channels are also considered Waters of the United States under Sections 404 and 401 of the CWA. The USACE "Rapanos" decision allows USACE and EPA to establish CWA jurisdiction under one of two standards. The first standard upholds CWA jurisdiction if the water body is "relatively permanent", and its adjacent wetlands directly about the water body. The second standard upholds 2 Grants Creek Substation Environmental Services, Inc. jurisdiction if a water body, in combination with all wetlands adjacent to that water body, has a "significant nexus" with traditional navigable waters. Presence of an ordinary high water mark (OHWM) and a continuous bed and bank define streams and tributaries to waters of the U.S. under current USACE guidance. Perennial and intermittent streams are considered relatively permanent waters (RPWs) and are defined by hydrologic regime. Tributaries can be natural or man-made (ditches), but they must possess an OHWM and bed and bank to be considered by USACE. The delineation results described in the following sections are considered preliminary until reviewed or otherwise approved by USACE. ESI is currently commencing with USACE coordination to review the delineation results. 4.1.1 Wetland Data One (1) wetland area was delineated within the project study area. The wetland type was classified pursuant to the N.C. Wetland Assessment Method (NCWAM). Figure 2 depicts the approximate extent and approximate location of the wetland that was delineated. These graphics are not intended to be a replacement for a traditional survey and are not intended to be used as such. Table 2 contains wetland data collected within the project study area. Wetlands were flagged with sequentially numbered blue and pink -and -black striped flagging. The wetland complex has been logged since ESI first visited the site in 2013. The removal of the trees has resulted in substantially wetter site conditions than originally observed. Table 2. Wetland Data for the Grants Creek Substation Proiect. Wetland ID NCWAM Classification Approximate Size within Project Study Area (acres) W1 Pine Flat 211.61 TOTAL: 211.61 4.1.2 Stream, Surface Water, and Tributary Data Four (4) tributary segments occur within the project study area. The tributaries are ditches that possess an OHWM and were delineated with sequentially numbered solid blue and orange flagging. USACE and NCDWR stream data forms were completed for these features in the study area. Table 3 contains the tributary data collected within the project study area. Figure 2 depicts the approximate extent and approximate location of the tributaries and wetlands that were delineated. These graphics are not intended to be a replacement for a traditional survey and is not intended to be used as such. 3 Grants Creek Substation Environmental Services, Inc. Table 3. Jurisdictional Tributary Data for the Grants Creek VmhvtAfinn PrniPrr Stream ID Perennial/ Intermittent Approximate Length (feet) Approximate Width (feet) NCDWR Stream ID Form Score Subject to Buffer (Y/N) T1 Ditch w/OHWM 3,309 3 15.5 No T2 Ditch w/OHWM 2,171 4 17 No T3 Ditch w/OHWM 468 3 15 No T4 Ditch w/OHWM 1,297 4 14 No TOTAL: 7,245 4.2 Clean Water Act Permits Dredge and fill activities in "Waters of the United States" must be authorized by USACE as a regulated discharge pursuant to Section 404 of the CWA and also by NCDWR pursuant to Section 401 of the CWA. Activities authorized by the USACE are subject to further water quality requirements per Section 401 of the CWA. In North Carolina, the NCDWR administers the Section 401 Water Quality Certification process, which also must include plans on how the applicant proposes to manage storm water. Coordination is recommended with USACE in order to determine the permitting requirements for this project, if any. Section 404 permitting may not be necessary if all wetland and stream impacts are avoided; however, concurrence from USACE should be obtained prior to beginning any activities. Compensatory mitigation can be required by USACE if the proposed project is determined to have an adverse effect on Waters of the United States, including wetlands, as a result of a regulated discharge. 4.3 Coastal Area Management Act North Carolina Division of Coastal Management (NCDCM) regulates certain wetlands and water bodies in the twenty coastal counties of North Carolina under the Coastal Area Management Act (CAMA). Areas subject to CAMA are identified as Areas of Environmental Concern (AECs). There are no AECs in the study area that are subject to CAMA regulations. 4.4 Construction Moratoria It is anticipated that no in -water construction moratoria will apply to this project. 4.5 N.C. River Basin Buffer Rules The study area is located in the White Oak River basin. At this time no buffers exist for streams and water bodies in the White Oak River basin. 4.6 Section 10 of the Rivers and Harbors Act Section 10 of the Rivers and Harbors Act requires authorization from the USACE for the excavation of material, alteration, obstruction, or construction of any structure in or over any "navigable water" of the United States (33 U.S.0 410 et seq.). "Navigable water" is defined as waters that are subject to the ebb and flow of the tide shoreward to the mean high water mark and/or waters that are presently used, have been used in the past, or are susceptible for use to transport interstate or foreign commerce (33 CFR part 329). The study area is not subject to Section 10 regulations. 4 Grants Creek Substation Environmental Services, Inc. 4.7 Endangered Species Act Protected Species Species with the federal classifications of Endangered (E), Threatened (T) or Proposed (P) are protected under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). The U.S. Fish and Wildlife Service (USFWS) lists eighteen (18) species for Onslow County as of April 2, 2015 (USFWS 2015). However, some of these listed species (*) require marine habitat that is not present within the study area. As a result, the detailed descriptions of these marine species are not included in this report. NCNHP data updated in October 2015 was accessed to determine if any of these species have been documented inside of or within 0.5 mile of the study area. Table 4. Federal listed species for Onslow County, NC. ' T -Threatened, E -Endangered, P -Proposed, T (S/A) — Threatened due to Similarity of Appearance BGPA — Protected by Bald and Golden Eagle Protection Act Piping plover -The piping plover breeds along the entire eastern coast of the United States. North Carolina is uniquely positioned in the species' range, being the only State where the piping plover's breeding and wintering ranges overlap and the birds are present year-round. They nest most Grants Creek Substation Habitat Federal Biological Common Name Scientific Name 1 Status Present Conclusion YIN Piping Plover Charadrius melodus T N o ect Red knot Calidris canutus rufa T N o Effect Red -cockaded Picoides borealis E Y No Effect woodpecker Bald Eagle Halianeetus BGPA N No Effect leucocephalus Cooley's meadowrue Thalictrum cooleyi E Y Unresolved Pondberry Lindera melissifolia E N No Effect Rough -leaved Lysimachia E Y Unresolved loosestrife asperulaefolia Seabeach amaranth Amaranth pumilus T N No Effect Golden sedge Carex lutea E Y Unresolved Atlantic sturgeon* Acipenser oxyrinchus E N No Effect oxyrinchus Shortnose sturgeon* Acipenser brevirostrum E N No Effect West Indian manatee Trichechus manatus E N No Effect American alligator Alligator mississippiensis T(S/A) N Not Required Kemp's ridley sea Lepidochelys kempii E N No Effect turtle* Hawksbill sea turtle* Eretmochelys imbricate E N No Effect Leatherback sea Dermochelys coriacea E N No Effect turtle* Green sea turtle* Chelonia mydas T N No Effect Loggerhead sea turtle* Caretta caretta T N No Effect ' T -Threatened, E -Endangered, P -Proposed, T (S/A) — Threatened due to Similarity of Appearance BGPA — Protected by Bald and Golden Eagle Protection Act Piping plover -The piping plover breeds along the entire eastern coast of the United States. North Carolina is uniquely positioned in the species' range, being the only State where the piping plover's breeding and wintering ranges overlap and the birds are present year-round. They nest most Grants Creek Substation Environmental Services, Inc. commonly where there is little or no vegetation, but some may nest in stands of beach grass. The nest is a shallow depression in the sand that is usually lined with shell fragments and lightcolored pebbles. Habitat Present: No Suitable habitat for the piping plover does not exist within the study area. The study area lacks beach habitat associated with this species. A review of NCNHP records, updated October 2015, indicates no known occurrence of piping plover within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Red Knot- The red knot is a robin -sized shorebird that reaches nine inches in length with a 20 -inch wingspan (USFWS 2013). The Rufa red knot (Calidris cancttats rufa) is one of the six recognized subspecies of red knots, and is the only subspecies that travels along the Atlantic coast of the United States during spring and fall migrations. The rufa red knot uses a variety of marine habitats, especially those associated with inlets, including sandy beaches, tidal flats, mouths of bays and estuaries, peat banks, and occasionally rocky substrates. During the northward migration, red knots prefer to stop to refuel at sandy coastal habitats where they often feed on clams, crustaceans, and especially horseshoe crabs eggs (Baker et al. 2013). On September 30, 2013, the rufa red knot was proposed by the US Fish and Wildlife Service (USFWS 2013) to be listed as a "threatened" species. A final rule to list the rufa red knot as a Threatened species was published on December 11, 2014 with an effective date of January 12, 2015 (USFWS 2014). Habitat Present: No Suitable habitat for the red knot does not exist within the study area. The study area lacks beach habitat associated with this species. A review of NCNHP records, updated October 2015, indicates no known occurrence of red knot within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Red -cockaded woodpecker (RCW) — Primary habitat consists of mature to over -mature southern pine forests dominated by loblolly (Pinus taeda), longleaf (P. palustris), slash (P. elliotii), and pond pines (P. echinata). Nest cavities are constructed in the heartwood of living pines, generally older than 60 years that have been infected with red -heart disease. Nest cavity trees typically occur in clusters, which are referred to as colonies (USFWS 2003). Pine flatwoods or pine savannas that are fire maintained serve as ideal nesting and foraging sites for this species. Development of a thick understory and midstory within a given area usually deters nesting and foraging. Potential nest sites for RCW's include pine and pine/hardwood stands greater than 60 years of age. Hardwood/pine stands (<50% pine) greater than 60 years of age may also be considered potential nesting habitat if adjacent to potential foraging habitat. Foraging habitat is typically comprised of open pine/mixed hardwood stands over 30 years of age. Pines must comprise at least 60 percent of the canopy in order to provide suitable foraging for RCW's. Somewhat younger pine stands may be utilized if the trees have an average diameter at breast height (DBH) greater than or equal to 9 inches (Henry 1989). Foraging stands must be connected to other foraging areas or nesting areas in order to be deemed a viable foraging site. Open spaces or unsuitable habitat 200 feet or more in width are considered barriers to RCW foraging. 6 Grants Creek Substation Environmental Services, Inc. Habitat Present: Yes The project does contain marginal foraging habitat for the RCW given the size and age of the remaining Pine and Pine/Hardwood stands present with the project study area. ESI conducted an RCW Habitat Evaluation in July 2013 and determined that the clearing of pines for the proposed project will not impact the RCW. No cavity trees were found during the delineation effort and a review of NCNHP (2015) records indicates no documented occurrences of the RCW within 0.5 mile of the study area. The proposed project will have no effect on this species. Concurrence from USFWS may be warranted since foraging habitat is present. BIOLOGICAL CONCLUSION: No Effect Cooley's meadowrue-Cooley's meadowrue, documented in the Pine Savanna natural community, occurs in circumneutral soils in sunny, moist to wet grass -sedge bogs, wet -pine savannas over calcareous clays, and savannah -like areas, often at the ecotones of intermittent drainages or non- riverine swamp forests. This rhizomatous perennial herb is also found along plowed firebreaks, roadside ditches and rights-of-way, forest clearings dominated by grass or sedge, and power line or utility rights-of-way. The species requires some type of habitat disturbance (e.g., mowing, clearing, periodic fire) to maintain its open habitat. The plant typically occurs on slightly acidic (pH 5.8-6.6) soils that are loamy fine sand, sandy loam, or fine sandy loam; at least seasonally moist or saturated; and mapped as Foreston, Grifton, Muckalee, Torhunta, or Woodington series. The suitable survey window for this species is mid -June -early July. Habitat Present: Yes Potentially suitable habitat for Cooley's meadowrue is present within the study area. The existing powerline easement within the study area provides marginally suitable habitat for this species. Species specific surveys should be conducted within the appropriate survey window. A review of the mapped soil series for this site did not contain any of the series typically associated with this species. A review of NCNHP records, updated October 2015, indicates no known occurrences of Cooley's meadowrue within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: Unresolved Pond berry-Pondberry occurs in seasonally flooded wetlands, sandy sinks, pond margins, and swampy depressions. This deciduous, aromatic shrub occurs in bottomland hardwood forests with perched water tables along inland areas of the southeastern United States. In the Coastal Plain of the Carolinas, the species occurs at the margins of limestone sinks and ponds and in undrained, shallow depressions of longleaf pine (Pings palustris) and pond pine (Pintis serotina) forests. Known occurrences in North Carolina occur in the Small Depression Pocosin natural community, grow in soils with sandy sediments and high water table, contain high peat content in the subsurface, and include a prevalence of shrubs due to historically frequent or intense fires. It generally grows in somewhat shaded areas, but can tolerate full sun. The suitable survey window for this species is February -October. Habitat Present: No Potentially suitable habitat for pondberry does exist within the study area. The study area lacks limestone sinks and the area surrounding the aforementioned habitats has been recently 7 Grants Creek Substation Environmental Services, Inc. clear-cut and significantly disturbed. A review of NCNHP records, updated October 2015, indicates no known occurrence of pondberry within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Rough -leaved loosestrife-Rough-leaved loosestrife, endemic to the Coastal Plain and Sandhills of North and South Carolina, generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins in dense shrub and vine growth on moist to seasonally satuarated sands and on shallow organic soils overlaying sand (spodosolic soils). Occurrences are found in such disturbed habitats as roadside depressions, maintained power and utility line rights-of-way, firebreaks, and trails. The species prefers full sunlight, is shade intolerant, and requires areas of disturbance (e.g., clearing, mowing, periodic burning) where the overstory is minimal. It can, however, persist vegetatively for many years in overgrown, fire-supressed areas. Blaney, Gilead, Johnston, Kalmia, Leon, Mandarin, Murville, Torhunta, and Vaucluse are some of the soil series that the plant occurs on. The suitable survey window for this species is mid -May -June. Habitat Present: Yes Potentially suitable habitat for rough -leaved loosestrife is present within the study area. The existing powerline easement within the study area provides marginally suitable habitat for this species. Species specific surveys should be conducted within the appropriate survey window. A review of the mapped soil series for this site did not contain any of the series typically associated with this species. A review of NCNHP data, updated October 2015, indicates no known occurrence of rough -leaved loosestrife within 1.0 mile of the study area. BIOLOGICAL CONCLUSION: Unresolved Seabeach amaranth-Seabeach amaranth occurs on barrier island beaches where its primary habitat consist of overwash flats at accreting ends of islands, lower foredunes, and upper strands of noneroding beaches (landward of the wrack line). In rare situations, this annual is found on sand spits 160 feet or more from the base of the nearest foredune. It occasionally establishes small temporary populations in other habitats, including sound -side beaches, blowouts in foredunes, interdunal areas, and on sand and shell material deposited for beach replenishment or as dredge spoil. Seabeach amaranth appears to require extensive areas of barrier island beaches and inlets that function in a relatively natural and dynamic manner. These characteristics allow it to move around in the landscape, occupying suitable habitat as it becomes available. Habitat Present: No Suitable habitat for the Seabeach amaranth does not exist within the study area. The study area lacks beach/dune habitat associated with this species. A review of NCNHP records, updated October 2015, indicates no known occurrence of seabeach amaranth within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Golden sedge -Golden sedge, a very rare endemic of the Atlantic Coastal Plain, grows in sandy soils overlying calcareous deposits of coquina limestone, where the soil pH, typically between 5.5 and 7.2, is unusually high for this region. The perennial prefers the ecotone between the pine savanna and adjacent wet hardwood or hardwood/conifer forest. Most plants occur in the partially shaded 8 Grants Creek Substation Environmental Services, Inc. savanna/swamp where occasional to frequent fires favor an herbaceous ground layer and suppress shrub dominance. Soils supporting the species are very wet to periodically shallowly inundated. Other occurrences may occur on disturbed areas such as roadside and drainage ditches or power line rights-of-way, where mowing and/or wet conditions suppress woody plants. Poorly viable occurrences may occur in significantly disturbed areas where ditching activities that lowers the water table and/or some evidence of fire suppression threatens the species. The suitable survey window for this species is mid-April to mid-June. Habitat Present: Yes Potentially suitable habitat for golden sedge is present within the study area. The existing powerline easement within the study area provides marginally suitable habitat for this species. Species specific surveys should be conducted within the appropriate survey window. The project study area does not fall within the areas identified by the USFWS as critical habitat. A review of NCNHP records, updated October 2015, indicates no known occurrences of golden sedge within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: Unresolved West Indian manatee -West Indian manatees have been observed in all the North Carolina coastal counties. West Indian manatees are found in canals, sluggish rivers, estuarine habitats, salt water bays, and as far off shore as 3.7 miles. They utilize freshwater and marine habitats at shallow depths of 5 to 20 ft. In the winter, between October and April, manatees concentrate in areas with warm water. During the other time of the year habitats for the manatee are those with sufficient water depth, an adequate food supply, and in proximity to freshwater. West Indian manatees require a source of freshwater to drink. West Indian manatees are primarily herbivores, feeding on any aquatic vegetation present, but they may occasionally feed on fish. Habitat Present: No Suitable habitat for the West Indian manatee does not exist within the study area. The study area is too far inland and lacks marine habitats associated with this species. A review of NCNHP records, updated October 2015, indicates no known occurrence of West Indian manatee within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect American alligator -In North Carolina, alligators have been recorded in nearly every coastal county, and many inland counties to the fall line. The alligator is found in rivers, streams, canals, lakes, swamps, and coastal marshes. Adult animals are highly tolerant of salt water, but the young are apparently more sensitive, with salinities greater than 5 parts per thousand considered harmful. The American alligator remains on the protected species list due to its similarity in appearance to the Endangered American crocodile (Crocodylus acutus). Habitat Present: No Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS and there is no suitable habitat for this species present within 9 Grants Creek Substation Environmental Services, Inc. the study area. A review of NCNHP records, updated October 2015, indicates no known occurrence of American alligator within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: Not Required 4.8 Bald and Golden Eagle Protection Act Bald eagles typically feed on fish but may also consume birds and small mammals. In the Carolinas, nesting season extends from December through May (Potter et al. 1980). Bald eagles typically nest in tall, living trees in a conspicuous location near water and forage over large bodies of water with adjacent trees available for perching (Hamel 1992). The bald eagle was officially delisted and removed from the federal Endangered Species List on August 9, 2007, but they are still protected under the BGPA and the MBTA. The National Bald Eagle Management Guidelines (Guidelines) (USFWS 2007) prohibit disturbance to a bald eagle. The Guidelines define disturb as "to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available: 1) injury to an eagle; 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior; or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior." The definition also covers impacts that result from human -caused alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagles return, such alterations agitate or bother an eagle to a degree that injures an eagle or interferes with normal breeding, feeding, or sheltering behavior (USFWS 2007). Under the current Guidelines, USFWS recommends the following measures for roads, trails, canals, power lines, and other linear utilities. If the eagle nest can be seen from the project site and there is no similar activity within 660 feet, then USFWS recommends that the project: 1) maintain a buffer of at least 660 feet between your activities and the nest; 2) maintain any established landscape buffers; and 3) if possible, create additional landscape buffers to screen the new activity from the nest. If these recommendations cannot be adopted for the project, then coordination is recommended with the local USFWS office. ESI did not identify any evidence of bald eagle activity while working in the study area. A review of NHP records (October 2015 data) indicates no documented occurrences of bald eagle within 0.5 miles of the study area. 4.9 Federal Species of Concern The March 25, 2015 USFWS list for Onslow County also includes a category of species designated as "Federal Species of Concern" (FSC). Federal species of concern are not afforded federal protection under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally Proposed (P) or listed as Threatened (T) or Endangered (E). However, the status of these species is subject to change, and so should be included for consideration. FSC are defined as species that are under consideration for listing for which there is insufficient information to support listing. The presence of potential habitat is based on the following NCNHP documents: List of Rare Plant Species of North Carolina (NCNHP 2014a) and List of Rare Animal Species of North Carolina (NCNHP 2014b). Twenty nine (29) FSC species are listed for Onslow County (Table 5). Potential habitat may be present for sixteen (16) of these species based on a preliminary assessment using the NCNHP habitat descriptions and the results of the onsite evaluation. We can make no definitive 10 Grants Creek Substation Environmental Services, Inc. survey recommendations since the FSC designation does not require any regulatory consultation. However, if Duke determines that they would like to survey for any of these species, then ESI can provide a study plan for that effort. 4.10 State Protected Species Some species that are listed as FSC by USFWS also receive limited state protection. Those species that are listed as both FSC and as North Carolina state -listed Endangered (E), Threatened (T), and Special Concern (SC) are identified in Table 5. These species receive limited protection under the North Carolina Endangered Species Act (G.S. 113-331 et seq.) and the North Carolina Plant Protection Act of 1979 (G.S. 106-202.12 et seq.). One historic occurrence has been documented within 0.5 mile of the study area (near the southeastern boundary of the site) for the (Linum floridanum var. chrysocarpum) yellow -fruited flax. This species currently is not listed as FSC by USFWS but is listed as Threatened by the State. Table 5. Federal Species of Concern for Onslow County, NC Common Name Scientific Name N.C. Status' T, E, SC Potential Habitat NCNHP 0.5 -Mile Occurrence American eel Anguilla rostrata -- No No Bachman's sparrow Peucaea aestivalis SC Yes No Black rail Laterallus jamaicensis SC No No Carolina gopher frog Rana capito capito T No No Eastern Henslow's sparrow Ammodramus henslowii susurrans SC Yes No Eastern painted bunting Passerina ciris ciris SC No No Mimic glass lizard Ophisaurus mimicus SC Yes No Southern hognose snake Heterodon simets SC No No Buchholz's dart moth Agrotis buchholzi -- No No A skipper Atrytonopsis sp. 1 -- No No Awned meadowbeauty Rhexia aristosa SC No No Boykin's lobelia Lobelia boykinii E Yes No Carolina grass -of- parnassus Parnassia caroliniana T Yes No Carolina Trillium Trillium pusillum var.pusillum E Yes No Coastal beaksedge Rhychospora pleiantha T No No Coastal goldenrod Solidago villosicarpa E No No Grassleaf arrowhead Sagittaria weatherbiana E Yes No Loose watermilfoil Myriophyllum laxttm E No No Many -flowered grass -pink Calopogon multorus E Yes No Pineland plantain Plantago sparsiora T Yes No Pondspice Litsea aestivalis SC Yes No 11 Grants Creek Substation Environmental Services, Inc. 4.11 Cultural / Archaeological Resources Research conducted by ESI at the Survey and National Register Branch of the North Carolina State Historic Preservation Office (SHPO) on 29 March 2016 revealed that no previously recorded historic properties listed in, eligible, or potentially eligible for listing in the National Register of Historic Places (National Register) are located directly within the proposed project area. Research conducted by ESI at the North Carolina Office of State Archaeology (OSA) on 29 March 2016 revealed that no previously recorded archaeological sites are located directly within or immediately adjacent to the proposed project area. 5.0 Summary The project area contains seven wetland areas that are part of the same wetland complex plus four tributaries that are ditches with an OHWM. USACE concurrence is recommended and ESI has been tasked with submitting a site visit request to USACE. There are no riparian buffers associated with this project. Impacts to jurisdictional areas should be avoided and minimized as much as practicable. Unavoidable impacts must be coordinated with the applicable resource agency and permitting and mitigation could be required. Habitat is present onsite for the federally protected red -cockaded woodpecker, Cooley's meadowrue, rough -leaved loosestrife, and the golden sedge. A species specific survey for these species may be warranted during the proper survey windows for each species (outlined above in the habitat description for each species). No issues regarding cultural or archaeological resources were identified. 12 Grants Creek Substation N.C. Potential NCNHP Common Name Scientific Name Status' Habitat 0.5 -Mile T, E, SC Occurrence Savanna onion Allium sp.I -- Yes No Smooth -seeded hairy Yes nutrush Scleria sp.l -- No Spring -flowering Yes goldenrod Solidago verna — No Swamp forest beakrush Rhynchospora decttrrens T Yes No Thorne's beakrush Rhynchospora thornei SC Yes No Venus' fly -trap Dionaea muscipula SC Yes No Wagner's spleenwort Asplenium heteroresiliens -- No No A quillwort lsoetes microvela -- No No 4.11 Cultural / Archaeological Resources Research conducted by ESI at the Survey and National Register Branch of the North Carolina State Historic Preservation Office (SHPO) on 29 March 2016 revealed that no previously recorded historic properties listed in, eligible, or potentially eligible for listing in the National Register of Historic Places (National Register) are located directly within the proposed project area. Research conducted by ESI at the North Carolina Office of State Archaeology (OSA) on 29 March 2016 revealed that no previously recorded archaeological sites are located directly within or immediately adjacent to the proposed project area. 5.0 Summary The project area contains seven wetland areas that are part of the same wetland complex plus four tributaries that are ditches with an OHWM. USACE concurrence is recommended and ESI has been tasked with submitting a site visit request to USACE. There are no riparian buffers associated with this project. Impacts to jurisdictional areas should be avoided and minimized as much as practicable. Unavoidable impacts must be coordinated with the applicable resource agency and permitting and mitigation could be required. Habitat is present onsite for the federally protected red -cockaded woodpecker, Cooley's meadowrue, rough -leaved loosestrife, and the golden sedge. A species specific survey for these species may be warranted during the proper survey windows for each species (outlined above in the habitat description for each species). No issues regarding cultural or archaeological resources were identified. 12 Grants Creek Substation Environmental Services, Inc. 6.0 References Baker, Allan, Patricia Gonzalez, R.I.G. Morrison and Brian A. Harrington. 2013. Red Knot (Calidris canutus), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.comell.edu/bna/species/563doi:10.2173/bna.563. Hamel, P.B. 1992. Land Manager's Guide to the Birds of the South. The Nature Conservancy, Southeastern Region, Chapel Hill, NC. 437 pp. Henry, V. G. 1989. Guidelines for Preparation of Biological Assessments and Evaluations for the Red -Cockaded Woodpecker. U.S. Fish and Wildlife Service, Southeast Region, Atlanta, Georgia. 13 pp. National Geographic Society/ESRI. 2011. I -cubed seamless USGS quadrangle (Kellum, NC). N.C. Center for Geographic Information and Analysis. 2001. State of North Carolina Hydrologic Unit Map. N.C. Department of Environment and Natural Resources. 1985. Geologic Map of North Carolina. N.C. Department of Environmental Quality. 2016. GIS Online — NCDEQ's Geospatial Community. http://ncdenr.maps.arcgis.com/home/ (Accessed March 2016). N.C. Division of Marine Fisheries. 2007. Anadromous Fish Spawning Areas, White Oak River, Maps 1 and 2. http://portal.ncdenr.org/web/mf/ (Accessed March 2016). N.C. Division of Marine Fisheries. 2011. Fishery Nursery Areas. http://portal.ncdenr.org/web/mf/ (Accessed March 2016). N.C. Division of Water Resources. 2016. NC Water Quality Classifications by NC River Basin. http://portal.ncdenr.org/web/wq/ps/csu/classifications (Accessed March 2016). N. C. Natural Heritage Program. 2014a. List of Rare Plant Species of North Carolina 2014. North Carolina Natural Heritage Program. 138 pp. N. C. Natural Heritage Program. 2014b. List of Rare Animal Species of North Carolina 2014. North Carolina Natural Heritage Program. 172 pp. N. C. Natural Heritage Program. 2015. October 2015 NHP Element Occurrences. Onslow County, NC. (Accessed March 2016). Potter, E.F., J.F. Parnell, and R.P. Teulings 1980. Birds of the Carolinas. The University of North Carolina Press, Chapel Hill, NC. 408 pp. U.S. Army Corps of Engineers. 2010. Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (Version 2.0). U.S. Army Engineer Research and Development Center, Vicksburg, MS. 158 pp. 13 Grants Creek Substation Environmental Services, Inc. U.S. Department of Agriculture. 1992. Soil Survey of Onslow County, North Carolina. 139 pp. plus maps. U.S. Fish and Wildlife Service. 1994. Cooley's Meadowrue Recovery Plan. Atlanta, Georgia. 29 pp. U.S. Fish and Wildlife Service. 1993. Recovery Plan for Pondberry (Lindera melissifolia). Atlanta, Georgia. 56 pp. U.S. Fish and Wildlife Service. 1995. Rough -leaved Loosestrife Recovery Plan. Atlanta, Georgia. 32pp. U.S. Fish and Wildlife Service. 2014. Recovery Plan for Golden Sedge (Carex lutea). Atlanta, Georgia. 48 pp. U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis): Second Revision. Atlanta, Georgia. 296 pp. U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines U.S. Fish and Wildlife Service. 2014. Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Rufa Red Knot. Federal Register, Vol. 79, No. 238. December 11, 2014. http://www.fws. gov/northeast/redknot/pdf/2014_283 38_fedregisterfinalrule.pdf. U.S. Fish and Wildlife Service. 2015. T&E species listed for Onslow County. http://www.fws.gov/raleigh/species/cntylist/nc_Counties.html (Accessed March 2016). U.S. Geologic Survey. 2011. http://mrdata.usgs.gov/mrds/ (Accessed March 2016). 14 Grants Creek Substation Environmental Services, Inc. Appendix A Figures 15 Grants Creek Substation CD C i Q CL tC�' fi (D c # T Vr€ ` 0 Creek w y g' • 8 E 1 1 ys ,... M... .. S r ' �'n rr" w ,�•-K . _ to 041 Ar - 3 1 i { � � � +'� ♦ ''w,.rd I� , � • ..�,� ��`w A �, rte$. "�A. *4.� , M J s " s 1 ys it -' rr FGr��Gra'.Vrr��u�1s�2015',01C J2'r�I5�17g_1ayu.nrxA Source:2011 National Geographic Society/ESRI, i -cubed seamless DUKEUSGS quadrangles (Kelluir, NC); Project Study area acquired from Onslow County Parcel data, 2015. � ENERGY, � Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. I;N�'IRONMENTAI, Project: ER15010.32 SERVICES, INC. Project Location 4901 trademark Dave Date: Apr 2016 Grants Creek Substation Raleigh, Norlh Carolina 27610 • (",0)2,2,76U I919) 21Onslow County, North Carolina Drwn/Chkd: DB/KT 2-1707 Fax .J,v,v envrrcrimanfa/servrcesnrc cum Figure OW, 4r11201610:57:08AM : � C C) D Source: NAIP Orthoimagey, 2014; Project Study area acquired from Onslow County Parcel data, 2015. Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and O DC s intended for use only by a Professional Land Surveyor prior to regulatory review. ENVIRONJIFA-1-Al. SFRVICEI`; IN(' Trademark Dove Project: ER15010.32 Jurisdictional Features Map Date: Aug 2016 Grants Creek Substation C7 m Onslow County, North Carolina Drwn/Chkd: KT/RT w,v, a „en ,entatse,� a„n«on I I I I Figure2 m o' o o Wc N CD CD N d N in -n N (D d ca 0 CD -C <, O CD —i p (D CD v Q m D m c nt CL O cD a N � w Q C C C1 a z - 4F j"r�C �(EJJNERGY Source: NAIP Orthoimagey, 2014; Project Study area acquired from Onslow County Parcel data, 2015. Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and s intended for use only by a Professional Land Surveyor prior to regulatory review. ENVIRONJIFA-1-Al. SFRVICEI`; IN(' Trademark Dove Project: ER15010.32 Jurisdictional Features Map Date: Aug 2016 Grants Creek Substation Rale Raleigh. North Carolina 27610 9'9'212-1760 (919212-1707 Fax Onslow County, North Carolina Drwn/Chkd: KT/RT w,v, a „en ,entatse,� a„n«on I I I I Figure2 '\G,,-a\Nio�ects\Lf��”"n'11111119_1—A1 111— D111 w1111201o1 1:1 12V'M Environmental Services, Inc. Appendix B Data Forms Available Upon Request Data Forms were provided to the USACE 16 Grants Creek Substation TRANSMISSION SUBS TA TION PROJECT U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-02279 County: Onslow U.S.G.S. Quad: NC-KELLUM NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Edward W. Trott Jr. Agent: Environmental Services, Inc 764 Old 30 Road 4901 Trademark Drive Jacksonville, NC 28546 Raleigh, NC 27601 Size (acres) —79 Nearest Waterway Little Northeast Creek USGS HUC 03020302 Nearest Town Jacksonville River Basin Onslow Bay Coordinates Latitude: 34.7758649422302 Longitude: -77.2831954132467 Location description: The project area is located on the north side of Old 30, Just west of its intersection with Rocky Run Road, Jacksonville, Onslow County, North Carolina and is depicted on the attached may. PIN: 073746 Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SAW -2016-02279 _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Brennan Dooley at (910) 251-4694 or Brennan.J.Doolev aC )usace.armv.mil. C. Basis For Determination: The site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual and appropriate Regional Supplement. The water bodies exhibit ordinary hieh water marks as indicated by the absence of vezetation in the stream channel and the presence of bed and bank sediment deposition and wrack lines. D. Remarks: E. Attention USDA Program Participants This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination 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 request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Page 2 of 2 SAW -2016-02279 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**OLEY.BENANJOHN.1 512992613 DOOLEY.BRENNAN.JOHN.15129 DN1c=lUS,o=USly signed bGovOerrnment,ouNDoD,ou=PKI,ouu--USA, 6 q cn=DOOLEY.BRENNAN.JOHN.1512992613 Corps Regulatory Official: 92613 I Date: 2017.04.2812:19:43-04,00' Date: April 25, 2017 Expiration Date: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://coEpsmapu.usace.army.mil/cm apex/Py=136:4:0. Page 3 of 2 ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): April 25, 2017 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Duke Energy Progress 410 South Wilmington Street, NC 02 Raleigh, NC 27601 919-546-2235 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW -2016-02279 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Craven City: Center coordinates of site (lat/long in degree decimal format): Lat. 34.775450 Long. -77.28277°. Universal Transverse Mercator: 18S 291106 3850515 Name of nearest waterbody: Little Northwest Creek Identify (estimate) amount of waters in the review area: Non -wetland waters: 0 linear feet: 0 ft width (ft): and/or Cowardin Class: Stream Flow: Wetlands: 17.5 acres. Cowardin Class: Forested. Scrub -Shrub acres. Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: NA Non -Tidal: NA E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): [] Office (Desk) Determination. Date: © Field Determination. Date(s): December 14, 2016 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 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 approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that 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) that 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) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (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 preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, 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, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be"waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): 2 N Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name:1: 2,000 Kellum, NC NUSDA Natural Resources Conservation Service Soil Survey. Citation: NRCS digital Soil Survey of Onslow County, 2009 ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date)% or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: N Other information (please specify): 2007 Grid Elevation Data, NCDOT LiDAR, Onslow County IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Cor s and should not be relied upon for later jurisdictional determinations DOOLEY.BRENNAN D6911 11Y 09�td by 00LEY6HE N N JOHN 1 5 1 79916 1 7 .JOHN.1512992613 ON•c»US,0•US Govanmrnt eu•00D. ou•PN4 N 0u.USk cn-D00LEY aRENN.JOHN. 15 12992611 Drtr 7017 M 75 1191 15 _NW Signature and date of Regulatory Project Manager (REQUIRED) natVe and date of perWh requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Estimated amount Site Cowardin of aquatic resource Class of number Latitude Longitude Class in review area aquatic Linear Acres resource ft. Non -Section W 1 34.77205 -77.28423 Forested 0.09 10 - Wetland Non -Section W2 34.77224 -77.28510 Forested 0.95 10 - Wetland Non -Section W3 34.77327 -77.28519 Forested 0.17 10 - Wetland Non -Section W4 34.77313 -77.28452 Forested 1.01 10 - Wetland Non -Section W5 34.77547 -77.28457 Forested 2.28 10 - Wetland Non -Section W6 34.77503 -77.28253 Scrub/Shrub 0.42 10- Wetland Non -Section W7 34.77541 -77.28181 Forested 0.07 l0 -Wetland Non -Section W8 34.77615 -77.28093 Forested 6.11 10 - Wetland Non -Section W9 34.76677 •77.28282 Forested 0.3I 10 - Wetland Non -Section W 10 34.77673 -77.28394 Forested 0.15 10 - Wetland Non -Section W I I 34.77835 -77.28510 Forested 3.65 10 - Wetland Non -Section W12 34.77874 -77.28337 Forested 0.05 10 - Wetland Non -Section W13 34.77834 -77.28324 Forested 0.03 10 - Wetland Non -Section W14 34.77873 -77.28274 Forested 2.16 10 - Wetland rr` t. QProject Boundary Potential Wetland Waters of the US` Potential Wetland Waters of the US Locations and extents are approximate. * ® 'Features are part of the proposed Grants Creek transmission line . Note: Vegetation removal or alteration of soils or sIfa ���� hydrology after initial site evaluation can affect Source: High Resolution INC Statewide Imagery, CGIA, 2012; jurisdictional status and may require re-evaluation Project Boundary acquired from Onslow County parcel data, 2015. of wetland boundaries. ENERGY D zoo 40o Disclaimer The information depidedonthisfigure isforinformah-1 purposesonlpyand wasnot prepared for, and is not su table for legal or engineering purposes This information resented is not for regulatory review and is intended for use only by s Professional Land surveyor prior to regulatory do— Feet ENVIRONMENTAL Jursidictional Features Project: ER15010.59 SERVICES, INC. Date: Nov 2016 Raleigh. North Carolina 27810 %4901 ademhM Dove N Grants Creek Substation - Trott Site leigh (919>212-1760 Drwn/Chkd: KT/RT (919)212-1707 FAX Onslow County, North Carolina nv„onmenfalsarv;ceslnc. gem Figure: 2 Path P^,GeoGra.Pmjects�2015\010\59\GIS\fig ACOE juts. mxd Date 10/3V2016 125136 PM rl!_`,� y tgRCH s ,s► United States Department of the Project Name FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: August 1,2017 Self -Certification Letter Grants Creek Alternate Substation -Trott Property Dear Applicant: FUM & W,L9MVIN 1F8 Interior Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: ❑"no effect' determinations for proposed/listed species and/or ✓ proposed/designated critical habitat; and/or F1"may affect, not likely to adversely affect' determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect' determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; 7" no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect' determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh(afws. ov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office _ Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: July 31, 2017 Consultation Code: 04EN2000-2017-SLI-0808 Event Code: 04EN2000-2017-E-01950 Project Name: Grants Creek Alternate Substation Subject: Updated list of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The 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.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that 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. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://www. fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http•//www fws ov/migratorybirds/CurrentBirdlssues/Hazards/towers/comtow html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office atjohn—ellis@fws.gov. 1 3 1 7 t..: . -- " - I- ,t '. - � t , -) f" 1, 7 - , 2 Attachment(s): m Official Species List 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: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 Project Summary Consultation Code: 04EN2000-2017-SLI-0808 Event Code: 04EN2000-2017-E-01950 Project Name: Grants Creek Alternate Substation Project Type: TRANSMISSION LINE Project Description: Alternate substation on Old 30 in Onslow County, NC Project Location: Approximate location of the project can be viewed in Google Maps: haps:/Jwww.google.com/maps/place/34,775389187362535N77,28311155922731W Counties: Onslow, NC Endangered Species Act Species There is a total of 17 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. 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. Mammals NAME STATUS West Indian Manatee Trichechus manatus Threatened There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: htt 2s:Hecos.fws.gov/ecp/species/4469 Birds NAME STATUS Piping Plover Charadrius melodus Threatened Population: except Great Lakes watershed There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: tips:Hecos.fws.goy/ecp/species/6039 Red Knot Calidris canutus rufa Threatened No critical habitat has been designated for this species. Species profile: httns://ecos.fws.gov/ecpZspecies/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: htips://ecos.fws.gov/ecIL/sl2ecies/7614 Reptiles NAME American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 Green Sea Turtle Chelonia mydas Population: North Atlantic DPS No critical habitat has been designated for this species. Species profile: https:///ecos.fws.goy/ecp/species/6199 Hawksbill Sea Turtle Eretmochelys imbricata There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: fps:/Iecos.fws.goy/ecp/species/3656 Kemp's Ridley Sea Turtle Lepidochelys kempii No critical habitat has been designated for this species. Species profile: https://ecos.fws.goy/ecp/species/5523 STATUS Similarity of Appearance (Threatened) Threatened Endangered Endangered Leatherback Sea Turtle Dermochelys coriacea Endangered There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: https://ecos.fws.gflv/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: https://ecos.fws.gov/ecp/species/ I 1 10/ I 1 10 Fishes NAME STATUS Atlantic Sturgeon Acipenser oxyrinchus oxyrinchus Endangered Population: Carolina DPS No critical habitat has been designated for this species. Species profile: https://ecos.fws.goy/ecp/species/3252 Shortnose Sturgeon Acipenser brevirostrum Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6635 Ev E1 Flowering Plants %Ak!L STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.goy/ecp/species/3281 Golden Sedge Carex lutea Endangered There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: https:Hecos.fws.eov/ecp/species/6025 Pondberry Lindera melissifolia Endangered No critical habitat has been designated for this species. Species profile: httns://ecos.fws.gov/ecp/species/1279 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.goy/ecp-/species/8549 Critical habitats There are no critical habitats within your project area under this office's jurisdiction. Species Conclusions Table Project Name: Grants Creek Alternate Substation — Trott property Date: August 1, 2017 Species / Resource Conclusion ESA Section 7 / Eagle Act Notes /Documentation Name Determination Atlantic sturgeon- No suitable habitat Habitat assessment indicates no Acipenser oxyrinchus present No effect potential habitat present oxyrinchus Shortnose sturgeon- No suitable habitat No effect Habitat assessment indicates no Acipenser brevirostrum present potential habitat present American alligator- No suitable habitat Habitat assessment indicates no Alligator present No effect potential habitat present mississippiensis Green sea turtle- No suitable habitat No effect Habitat assessment indicates no Chelonia mydas present potential habitat present Hawksbill sea turtle- No suitable habitat No effect Habitat assessment indicates no Eretmochelys imbricata present potential habitat present Kemp's ridley sea turtle- No suitable habitat No effect Habitat assessment indicates no Lepidochelys kempii present potential habitat present Leatherback sea turtle- No suitable habitat No effect Habitat assessment indicates no Dermochelys coriacea present potential habitat present Loggerhead sea turtle- No suitable habitat . No effect Habitat assessment indicates no Caretta caretta present potential habitat present Piping plover- No suitable habitat No effect Habitat assessment indicates no Charadrius melodus present potential habitat present Red -cockaded No suitable habitat Habitat assessment indicates no woodpecker- present No effect potential habitat present Picoides borealis Red knot- No suitable habitat No effect Habitat assessment indicates no Calidris canutus rufa present potential habitat present West Indian manatee- No suitable habitat No effect Habitat assessment indicates no Trichechus manatus p resent potential habitat present Cooley's meadowrue- No suitable habitat No effect Habitat assessment indicates no Thalictrum coole i y p resent potential habitat present Golden sedge- No suitable habitat No effect Habitat assessment indicates no Carex lutea present potential habitat present Pondberry- No suitable habitat No effect Habitat assessment indicates no Lindera melissi olia f p resent potential habitat present Rough -leaved loosestrife- No suitable habitat No effect Habitat assessment indicates no L simachia y p resent potential habitat present asperulae olia Seabeach amaranth- No suitable habitat No effect Habitat assessment indicates no Amaranthus pumilus present potential habitat present Bald Eagle- Unlikely to disturb No nesting activity observed in study Haliaeetus nesting bald eagles No Eagle Act permit required area or within 660 feet of the leucoce halzes substation parcel Critical habitat No critical habitat No effect present Acknowledgement: I agree that the above information about my proposed project is true. I used all the provided resources to make an infonned decision about impacts in the immediate and surrounding areas. Jeff Harbour, PWS — Technical Director jib k) NUU,11, Date: August 1, 2017 Atlantic sturgeon — Atlantic sturgeon are large fish that can reach 14 feet in length that occur in major river systems along the eastern seaboard of the United States. The species prefers the near shore marine, estuarine, and riverine habitat of large river systems. It is an anadromous species that migrates to moderately -moving freshwater areas to spawn in the spring, but spends most of its life within close proximity of the river's mouth. Large freshwater rivers that are unobstructed by dams or pollutants are imperative to successful reproduction. Spawning occurs in areas with hard substrate (e.g., cobble) (NOAA 2016). Habitat Present: No Potential habitat for the Atlantic sturgeon does not occur within the study area. The study area lacks the large freshwater river habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the Atlantic sturgeon within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Shortnose sturgeon — Shortnose sturgeon occur in most major river systems along the eastern seaboard of the United States. The species prefers the near shore marine, estuarine, and riverine habitat of large river systems. It is an anadromous species that migrates to faster -moving freshwater areas to spawn in the spring, but spends most of its life within close proximity of the river's mouth. Large freshwater rivers that are unobstructed by dams or pollutants are imperative to successful reproduction. Distribution information by river/waterbody is lacking for the rivers of North Carolina; however, records are known from most coastal counties (NMFS 1998). Habitat Present: No Potential habitat for shortnose sturgeon does not occur within the study area. The study area lacks the large freshwater river habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the shortnose sturgeon within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect American alligator — In North Carolina, alligators have been recorded in nearly every coastal county, and many inland counties to the fall line. The alligator is found in rivers, streams, canals, lakes, swamps, and coastal marshes. Adult animals are highly tolerant of salt water, but the young are apparently more sensitive, with salinities greater than 5 parts per thousand considered harmful. The American alligator remains on the protected species list due to its similarity in appearance to the Endangered American crocodile (Crocodylus acutus) (USFWS 2016a). Habitat Present: No Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. Potential habitat for American alligator does not occur within the study area. The study area lacks the rivers, streams, canal, lakes and swamps associated with this species. NCNHP data from October 2016 indicates no occurrences of the American alligator within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: Not Required Green sea turtle — The green sea turtle is found in temperate and tropical oceans and seas. Nesting in North America is limited to small communities on the east coast of Florida requiring beaches with minimal disturbances and a sloping platform for nesting (the do not nest in North Carolina). The green sea turtle can be found in shallow waters. They are attracted to lagoons, reefs, bays, mangroves swamps and inlets where an abundance of marine grasses can be found, as this is the principle food source for the green turtle (USFWS 2016b). Habitat Present: No Potential habitat for the green sea turtle does not occur within the study area. The study area lacks the lagoon, reef, bay, and beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the green sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Hawksbill sea turtle — Hawksbill sea turtles are found in tropical and subtropical oceans. Sightings have been reported on the east coast of the U.S. as far north as Massachusetts, although rarely north of Florida. Sightings have been recorded from a handful of counties in North Carolina, but the turtle is not known to breed here. Adult hawksbills are found in coastal waters, especially around coral reefs, rocky outcrops, shoals, mangrove bays, and estuaries. Juveniles are often seen offshore, in floating mats of seaweed. This species nests on a wide range of beach types and substrates, using both low- and high-energy beaches on islands and mainland sites. The nest is typically placed near or under some vegetation (USFWS 2016c). Habitat Present: No Potential habitat for the hawksbill sea turtle does not occur within the study area. The study area lacks the beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the hawksbill sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Kemp's ridley sea turtle — Kemp's ridley sea turtle is the smallest of the sea turtles that visit North Carolina's coast, and has been sighted in most coastal counties. While the majority of this sea turtle's nesting occurs in Mexico, the species is known to nest on North Carolina beaches infrequently. Kemp's ridley sea turtle can lay eggs as many as three times during the April to June breeding season. This species prefers beach sections that are backed up by extensive swamps or large bodies of open water having seasonal narrow ocean connections and a well defined elevated dune area. The species prefers neritic areas with sandy or muddy bottoms (USFWS 2016d). Habitat Present: No Potential habitat for the Kemp's ridley sea turtle does not occur within the study area. The study area lacks the beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the Kemp's ridley sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Leatherback sea turtle — Leatherback sea turtles are distributed world-wide in tropical waters of the Atlantic, Pacific, and Indian oceans. They are generally open ocean species, and may be common off the North Carolina coast during certain times of the year. However, in northern waters leatherbacks are reported to enter into bays, estuaries, and other inland bodies of water. Major nesting areas occur mainly in tropical regions. In the U.S., primary nesting areas are in Florida, however nests are known from Georgia, South Carolina and North Carolina as well. Nesting occurs from April to August. Leatherbacks need sandy beaches backed with vegetation in the proximity of deep water and generally with rough seas. Beaches with relatively steep slope are usually preferred (USFWS 2016e). Habitat Present: No Potential habitat for the leatherback sea turtles does not occur within the study area. The study area lacks beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the leatherback sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Loggerhead sea turtle — The loggerhead sea turtle is widely distributed within its range, and is found in three distinct habitats during their lives. These turtles may be found hundreds of miles out in the open ocean, in neritic areas, or on coastal beaches. In North Carolina, this species has been observed in every coastal county. Loggerhead sea turtles occasionally nest on North Carolina beaches, and are the most common of all sea turtles that visit the North Carolina coast. They nest nocturnally, at two to three year intervals, between May and September, on isolated beaches that are characterized by fine-grained sediments. In near shore areas, loggerhead sea turtles have been observed in bays, lagoons, salt marshes, creeks, ship channels, and the mouths of large rivers. Coral reefs, rocky places, and shipwrecks are often used as foraging areas (USFWS 2016f). Habitat Present: No Potential habitat for the loggerhead sea turtle does not occur within the study area. The study area lacks the large freshwater river habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the Atlantic sturgeon within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Piping plover — The piping plover breeds along the entire eastern coast of the United States. North Carolina is uniquely positioned in the species' range, being the only state where the piping plover's breeding and wintering ranges overlap and the birds are present year-round. They nest most commonly where there is little or no vegetation, but some may nest in strands of beach grass. The nest is a shallow depression in the sand that is usually lined with shell fragments and light colored pebbles (USFWS 2016g). Habitat Present: No Potential habitat for the piping plover does not occur within the study area. The study area lacks beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the piping plover within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Red -cockaded woodpecker — The red -cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting/roosting habitat. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat. The foraging range of the RCW is normally no more than 0.5 miles (USFWS 2016h). Habitat Present: No Potential nesting and foraging habitat for RCW does not occur within the study area. The wooded areas within and surrounding the study area are predominately mixed hardwood - pine, but pines are less than 30 years old and the communities include a dense hardwood understory does not provide suitable foraging or nesting habitat for this species. A review of historic aerial photography shows that the property has been clearcut in the previous 12 years. NCNHP data from October 2016 indicates no occurrences of the RCW within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Red knot — The rufa red knot is one of the six recognized subspecies of red knots, and is the only subspecies that routinely travels along the Atlantic coast of the United States during spring and fall migrations. It is known to winter in North Carolina and to stop over during migration. Habitats used by red knots in migration and wintering areas are similar in character: coastal marine and estuarine habitats with large areas of exposed intertidal sediments. In North America, red knots are commonly found along sandy, gravel, or cobble beaches, tidal mudflats, salt marshes, shallow coastal impoundments and lagoons, and peat banks. Ephemeral features such as sand spits, islets, shoals, and sandbars, often associated with inlets can be important habitat for roosting (USFWS 2016i). Habitat Present: No Potential habitat for the red knot does not occur within the study area. The study area lacks the marsh, lagoon, and beach habitats associated with this species. NCNHP data from October 2016 indicates no occurrences of the red knot within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect West Indian manatee — Manatees have been observed in all the North Carolina coastal counties. Manatees are found in canals, sluggish rivers, estuarine habitats, salt water bays, and as far off shore as 3.7 miles. They utilize freshwater and marine habitats at shallow depths of 5 to 20 feet. In the winter, between October and April, manatees concentrate in areas with warm water. During other times of the year habitats appropriate for the manatee are those with sufficient water depth, an adequate food supply, and in proximity to freshwater. Manatees require a source of freshwater to drink. Manatees are primarily herbivorous, feeding on any aquatic vegetation present, but they may occasionally feed on fish (USFWS 2016j). Habitat Present: No Potential habitat for the West Indian manatee does not occur within the study area. The study area lacks the freshwater and marine habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the West Indian manatee within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Cooley's meadowrue — Cooley's meadowrue, documented in the Pine Savanna natural community, occurs in circumneutral soils in sunny, moist to wet grass -sedge bogs, wet -pine savannas over calcareous clays, and savanna -like areas, often at the ecotones of intermittent drainages or non-riverine swamp forests. This rhizomatous perennial herb is also found along plowed firebreaks, roadside ditches and rights -of -ways, forest clearings dominated by grass or sedge, and powerline or utility rights-of-way. The species requires some type of disturbance (e.g. mowing, clearing, periodic fire) to maintain its open habitat. The plant typically occurs on slightly acidic soils that are loamy fine sand, sandy loam, or fine sandy loam; at least seasonally moist or saturated; and mapped as Foreston, Grifton, Muckalee, Torhunta, or Woodington series (USFWS 1994). Habitat Present: No Potential habitat for Cooley's meadowrue does not occur within the study area. The study area lacks the wet -pine savannas and ecotones of intermittent drainages or non-riverine swamp forest habitats. NCNHP data from October 2016 indicates no occurrences of the Cooley's meadowrue within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Golden sedge — Golden sedge, a very rare endemic of the Atlantic Coastal Plain, grows in sandy soils overlying calcareous deposits of coquina limestone, where the soil pH, typically between 5.5 and 7.2, is usually high for this region. The perennial prefers the ecotone between the pine savanna and adjacent wet hardwood or hardwood/conifer forest. Most plants occur in the partially shaded savanna/swamp where occasionally to frequent fire favor an herbaceous ground layer and suppress shrub dominance. Soils supporting the species are very wet to periodically shallowly inundated. Other occurrences may occur on disturbed areas such as roadsides and drainage ditches or power line rights-of-way, where mowing and/or very wet conditions suppress woody plants. Poorly viable occurrences may occur in significantly disturbed areas where ditching activities that lower the water table and/or some evidence of fore suppression threatens the species (USFWS 2002). Habitat Present: No Potential habitat for golden sedge does not occur within the study area. The study area lacks the ecotones between pine savannas and adjacent wet hardwood or hardwood/conifer forests associated with this species. NCNHP data from October 2016 indicates no occurrences of the golden sedge within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Pondberry — Pondberry occurs in seasonally flooded wetlands, sandy sinks, pond margins, and swampy depressions. This deciduous, aromatic shrub occurs in bottomland hardwood forests with perched water tables along inland area of the southeastern United States. In the Coastal Plain of the Carolinas, the species occurs at the margins of limestone sinks and ponds and in undrained, shallow depressions of longleaf pine and pond pine forests. Known occurrences in North Carolina occur in the Small Depression Pocosin natural community, grow in soils with sandy sediments and high water table, contain high peat content in the subsurface, and include a prevalence of shrubs due to historically frequent or intense fires. It generally grows in somewhat shaded areas, but can tolerant full sun (USFWS 1993). Habitat Present: No Potential habitat for pondberry does not occur within the study area. The study area lacks pond margins, limestone sandy sinks, and longleaf/pond pine swampy drepressions associated with this species. NCNHP data from October 2016 indicates no occurrences of the pondberry within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Rough -leaved loosestrife — Rough -leaved loosestrife, endemic to the Coastal Plain and Sandhills of North and South Carolina, generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins in dense shrub and vine growth on moist to seasonally saturated sands and on shallow organic soils overlaying sand (spodosolic soils). Occurrences are found in such disturbed habitats as roadside depressions, maintained power and utility line rights-of-way, firebreaks, and trails. The species prefers full sunlight, is shade intolerant, and requires areas of disturbance (e.g., clearing, mowing, periodic burning) where the overstory is minimal. It can, however, persist vegetatively for many years in overgrown, fire -suppressed areas. Blaney, Gilead, Johnston, Kalmia, Leon, Mandarin, Murville, Torhunta, and Vaucluse are some of the soil series that the plant occurs on (USFWS 1995). Habitat Present: No Potential habitat for rough -leaved loosestrife does not occur within the study area. The study area lacks wetland ecotonal habitats between longleaf pine uplands and pond pine pocosins required by this species. NCNHP data from October 2016 indicates no occurrences of the rough -leaved loosestrife within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Seabeach amaranth — Seabeach amaranth occurs on barrier island beaches where its primary habitat consists of overwash flats at accreting ends of islands, lower foredunes, and upper strands of noneroding beaches (landward of the wrack line). In rare situations, this annual is found on sand spits 160 feet or more from the base of the nearest foredune. It occasionally establishes small temporary populations in other habitats, including sound -side beaches, blowouts in foredunes, interdunal areas, and on sand and shell material deposited for beach replenishment or as dredge spoil. The plant's habitat is sparsely vegetated with annual herbs (forbs) and, less commonly, perennial herbs (mostly grasses), and scattered shrubs. It is, however, intolerant of vegetative competition and does not occur on well -vegetated sites. The species usually is found growing on a nearly pure silica sand substrate, occasionally with shell fragments mixed in. Seabeach amaranth appears to require extensive areas of barriers island beaches and inlets that function in a relatively natural and dynamic manner. These characteristics allow it to move around in the landscape, occupying suitable habitat as it becomes available (USFWS 1996). Habitat Present: No Potential habitat for seabeach amaranth does not occur within the study area. The study area lacks the beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the Seabeach amaranth within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect 4.8 Bald and Golden Eagle Protection Act Bald eagles typically feed on fish but may also consume birds and small mammals. In the Carolinas, nesting season extends from December through May (Potter et al. 1980). Bald eagles typically nest in tall, living trees in a conspicuous location near water and forage over large bodies of water with adjacent trees available for perching (Hamel 1992). The bald eagle was officially delisted and removed from the federal Endangered Species List on August 9, 2007, but they are still protected under the BGPA and the MBTA. The National Bald Eagle Management Guidelines (Guidelines) (USFWS 2007) prohibit disturbance to a bald eagle. The Guidelines define disturb as "to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available: 1) injury to an eagle; 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior; or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior." The definition also covers impacts that result from human -caused alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagles return, such alterations agitate or bother an eagle to a degree that injures an eagle or interferes with normal breeding, feeding, or sheltering behavior (USFWS 2007). Under the current Guidelines, USFWS recommends the following measures for roads, trails, canals, power lines, and other linear utilities. If the eagle nest can be seen from the project site and there is no similar activity within 660 feet, then USFWS recommends that the project: 1) maintain a buffer of at least 660 feet between your activities and the nest; 2) maintain any established landscape buffers; and 3) if possible, create additional landscape buffers to screen the new activity from the nest. If these recommendations cannot be adopted for the project, then coordination is recommended with the local USFWS office. ESI did not identify any evidence of bald eagle activity while working in the study area. A review of NHP records (October 2016 data) indicates no documented occurrences of bald eagle within 0.5 mile of the study area. A•#�� . M Grarfts'Cr+ k. 1477 ••- Is i c +. t3 ••e B r• •a HOotOevl'� • Lit 50 i i 6. o 7 tee• er'" S' 2y, �, 1423 17 6 ��r• O r �, 1 1 ,Smiths. ;130 • � - /,.� ! �'�-ts-,.,.-s`•,�M��.�„�.,---=ac.`;�Q� 'e,, �� 3,f z .� 6 �,• a Gty 1413 r i Q r 'roe s sc..o'��a t1e<roY � .� .r • Pz�� r �} 0 a It of 0 X S�o�aP �oc� 4v� vaaa��� s ii q x W is Or c a A,� Q Project Boundary - " Locations and extents are approximate. i Copyrights© Source:2011 National Geographic Society/ESRI, i -cubed seamless •L� DUKE 0 1000 2000 USGS quagrangles (Kellum, NC): Project Boundary acquired from Onslow County parcel data, 2015. ENERGY Feet Disdaimer The information depicted on this figure Is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented Is not for regulatory review and is intended for use only by a professional Land Surveyor prior to regulatory review ENVIRONMENTAL Project: ER15010.59 SERVICES, INC. Project Location Date: Nov 2016 TrademarkDove Raleigh, North Carolina 27610 Grants Creek Substation - Trott Site Rale (9191212-1760 Drwn/Chkd: KT/RT •,A,.. 9'9'2'2 -"°'FAX Onslow County, North Carolina www environmentalservicesinccom Figure: 1 Path:P:%GwGmIPmiects@015101015g1GISlfig_pmLlm.mxd Date: 101311201612:47:27 PM Soil Mapping Units GoA Goldsboro fine sandy loam 0-2 % Slopes Mk Muckalee loam NoB Norfolk loamy fine sand 2-6 % Slopes On Onslow loamy fine sand Ra Rains fine sandy loam NoB I NoB 'G - r., I. i Nfi6 ` Q Project Boundary NRCS Soil Survey t ' ° A Locations and extents are approximate. Source: High Resolution NC Statewide Imagery, CGIA, 2012; %• DUKE 0 200 400 NRCS digital Soil Survey, Onslow County, 2009, Project Boundary acquired from Onslow County parcel data, 2015. ENERGENERGY Feet Disclaimer The Information depicted on this figure is for informational purposes only and was not Y. prepared for. and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is Intended for use only by a Professional Land surveyor prior to regulatory review ENVIRONMENTAL NRCS Soil Survey Project: ER15010.59 SERVICES, INC. Date: Nov 2016 RaleNorth Carolina 27610 4901 Trademark N Grants Creek Substation - Trott Site (919; North C)212-1760 Drwn/Chkd: KT/RT (919'212-1707 FAX Onslow County, North Carolina ww mentalserv,ees,nc com Figure: 3 Path P\GeoGra\Projects\20151010\59\GIS\tig_soils mxd Date 10/31/20161248.20 PM Grants Creek Substation Alternative Trott Site Onslow County, NC Prepared for: DUKE �. ENERGY, Prepared by: ENVIRONMENTAL SERVICES, INC. 4901 Trademark Drive Raleigh, North Carolina 27610 November 2016 Environmental Services, Inc. Table of Contents 1.0 PROJECT DESCRIPTION & UNDERSTANDING............................................................. 1 2.0 METHODOLOGIES................................................................................................................ 1 3.0 PHYSICAL RESOURCES.......................................................................................................1 3.1 Topography............................................................................................................................. 1 3.2 Soils......................................................................................................................................... 1 3.3 Water Resources...................................................................................................................... 2 4.0 JURISDICTIONAL ISSUES.................................................................................................... 2 4.1 Clean Water Act Waters of the U.S......................................................................................... 2 4.1.1 Wetland Data................................................................................................................... 3 4.1.2 Stream/Surface Water, and Tributary Data..................................................................... 3 4.2 Clean Water Act Permits......................................................................................................... 3 4.3 Coastal Area Management Act................................................................................................ 4 4.4 Construction Moratoria........................................................................................................... 4 4.5 N.C. River Basin Buffer Rules................................................................................................ 4 4.6 Section 10 of the Rivers and Harbors Act............................................................................... 4 4.7 Endangered Species Act Protected Species............................................................................. 4 4.8 Bald and Golden Eagle Protection Act.................................................................................. 11 4.9 Federal Species of Concern ...................................................................................................12 4.10 State Protected Species......................................................................................................... 12 5.0 CULTURAL/ARCHAEOLOGICAL RESOURCES........................................................... 14 6.0 SUMMARY..............................................................................................................................14 Appendices Appendix A • Figures Appendix B 0 Data Forms Environmental Services, Inc. Grants Creek Alternative Trott Site Onslow County, NC November 2016 1.0 PROJECT DESCRIPTION & UNDERSTANDING Duke Energy is proposing construction of a new substation in Onslow County, North Carolina. The project study area is located east of Jacksonville on Old 30 Road and is approximately 79 acres based on Onslow County parcel data. The study area is depicted on a current U.S. Geological Survey (USGS) map (Figure 1), a recent aerial photograph (Figure 2), and Natural Resource Conservation Service (MRCS) Soil Survey (Figure 3) in Appendix A. Environmental Services, Inc., (ESI) was tasked by Duke to provide the following services for the Trott Site: • Jurisdictional wetland, stream, and surface water delineation, • GPS data collection for any delineated wetlands or streams, • Preliminary protected species habitat assessments for federally Endangered and Threatened species, • Preliminary cultural resources assessment, • Preliminary jurisdictional determination, and • Report and graphics preparation. 2.0 METHODOLOGIES Prior to the initiation of field efforts, available sources were reviewed, including the applicable U.S. Geological Survey 7.5 -minute topographic quadrangle of Kellum, NC (NGS/ESRI 2011), and U.S. Department of Agriculture Soil Survey for Onslow County (USDA 1992). Additionally, records kept by the North Carolina Natural Heritage Program (NCNHP) concerning any known occurrences of state and federally Threatened or Endangered species were reviewed (NCNHP 2016). Field work was conducted by ESI staff on October 24-25, 2016. 3.0 PHYSICAL RESOURCES The proposed project is located in the Coastal Plain physiographic province of North Carolina. Specifically, the study area is located in the Belgrade Formation (NCDENR 1985). 3.1 Topography Topography in the study area is flat. Elevations are approximately 40 feet above mean sea level (MSL). 3.2 Soils The general soil association occurring in the study area is the Rains-Woodington-Torhunta Association. These are nearly level, poorly drained and very poorly drained soils that have a loamy or clayey subsoil on uplands. 1 Trott Site Environmental Services, Inc. 3.3 Water Resources Water resources in the study area are located within the White Oak River basin (USGS hydrologic unit 03020302) (NCCGIA 2001). A Best Usage Classification (BUC) is assigned to waters of North Carolina based on the existing or contemplated best usage of various bodies of water. Table 1 contains the named water resources associated with features located within the study area, its Stream Index Numbers (SIN), and BUC. This named stream represents the receiving waters of the wetlands that are located inside the study area. Unnamed streams and tributaries carry the same BUC as their receiving waters, unless otherwise indicated by DWR. Table 1. Named water resources and reeeivina watPre !Nt"nWR '7nI'll Stream Name SIN BUC Basin Little Northeast Creek 19-16-2-1 C; NSW White Oak Class C waters are used for secondary recreation such as fishing, wildlife, fish consumption, and agriculture. NSW is a supplemental classification indicating nutrient sensitive waters, which require limitations on nutrient inputs. No Outstanding Resource Waters (ORWs) are within the project study area (NCDMF 2011). Portions of Little Northeast Creek and the New River, downstream of the study area, are considered Primary Nursery Areas (PNAs) and Anadromous Fish Spawning Areas (AFSA) by the North Carolina Division of Marine Fisheries (NCDMF 2007). The proposed project should not have any affect on these waters. No essential fish habitat is present in the study area. 4.0 JURISDICTIONAL ISSUES 4.1 Clean Water Act Waters of the U.S. Section 404 of the Clean Water Act (CWA) requires regulation of discharges into "Waters of the United States". Although the principal administrative agency of the CWA is the U.S. Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers (USACE) has major responsibility for implementation, permitting, and enforcement of provisions of the Act. The USACE regulatory program is defined in 33 CFR 320-330. Water bodies such as rivers, lakes, and streams are subject to jurisdictional consideration under the Section 404 program. However, by regulation, wetlands are also considered "Waters of the United States". According to the Regional Supplement to the USACE Wetland Delineation Manual for the Atlantic and Gulf Coastal Plain Region (USACE 2010), areas must exhibit three distinct characteristics to be considered jurisdictional wetlands: 1) prevalence of hydrophytic (water tolerant) plants; 2) presence of hydric soils; and 3) sufficient wetland hydrology indicators within 12 inches of the ground surface. When present, intermittent and perennial stream channels are also considered Waters of the United States under Sections 404 and 401 of the CWA. Presence of an ordinary high water mark (OHWM) and a continuous bed and bank define streams and tributaries to waters of the U.S. under current USACE guidance. Perennial and intermittent streams are considered relatively permanent waters (RPWs) and are defined by hydrologic regime. Tributaries can be natural or man-made (ditches), but they must possess an OHWM to be considered by USACE. 2 Trott Site Environmental Services, Inc. Often these tributaries may contain an OHWM, but receive a low NCDWR score suggesting an ephemeral flow regime. These ephemeral tributaries may still be jurisdictional under Section 404. 4.1.1 Wetland Data Fourteen (14) wetlands were delineated within the project study area. Figure 2 depicts the approximate extent and approximate location of the wetlands that were delineated. These graphics are not intended to be a replacement for a traditional survey and are not intended to be used as such. Table 2 contains wetland data collected within the project study area. Wetlands were flagged with sequentially numbered blue and pink -and -black striped flagging. The wetlands occurring within the study area can be classified as Pine Flats based on the NCWAM method. These wetlands should be considered non - riparian by USACE. Table 2. Wetland data for the Trott Site. Wetland No. NCWAM Classification . _Approximate Size in Project Study Area (ac) W1 Pine Flat 0.09 W2 Pine Flat 0.95 W3 Pine Flat 0.17 W4 Pine Flat 1.01 W5 Pine Flat 2.28 W6 Pine Flat 0.42 W7 Pine Flat 0.07 W8 Pine Flat 6.11 W9 Pine Flat 0.31 W10 Pine Flat 0.15 Wil Pine Flat 3.65 W12 Pine Flat 0.05 W13 Pine Flat 0.03 W14 Pine Flat 2.16 TOTAL: 17.45 4.1.2 Stream/Surface Water, and Tributary Data No jurisdictional streams, tributaries, or surface waters were delineated within the study area. 4.2 Clean Water Act Permits Dredge and fill activities in "Waters of the United States" must be authorized by USACE as a regulated discharge pursuant to Section 404 of the CWA and also by NCDWR pursuant to Section 401 of the CWA. Activities authorized by the USACE are subject to further water quality requirements per Section 401 of the CWA. In North Carolina, the NCDWR administers the Section 401 Water Quality Certification process, which also must include plans on how the applicant proposes to manage storm water. Coordination is recommended with USACE in order to determine the permitting requirements for this project, if any. Section 404 permitting may not be necessary if all wetland and stream impacts are avoided; however, concurrence from USACE should be obtained prior to beginning any activities. Trott Site Environmental Services, Inc. Compensatory mitigation can be required by USACE if the proposed project is determined to have an adverse effect on Waters of the United States, including wetlands, as a result of a regulated discharge. 4.3 Coastal Area Manaizement Act North Carolina Division of Coastal Management (NCDCM) regulates certain wetlands and water bodies in the twenty coastal counties of North Carolina under the Coastal Area Management Act (CAMA). Areas subject to CAMA are identified as Areas of Environmental Concern (AECs). There are no AECs in the study area that are subject to CAMA regulations. 4.4 Construction Moratoria No in -water construction moratoria should apply to this project. 4.5 N.C. River Basin Buffer Rules The study area is located in the White Oak River basin. No buffer rules apply to the study area. 4.6 Section 10 of the Rivers and Harbors Act Section 10 of the Rivers and Harbors Act requires authorization from the USACE for the excavation of material, alteration, obstruction, or construction of any structure in or over any "navigable water" of the United States (33 U.S.0 410 et seq.). "Navigable water" is defined as waters that are subject to the ebb and flow of the tide shoreward to the mean high water mark and/or waters that are presently used, have been used in the past, or are susceptible for use to transport interstate or foreign commerce (33 CFR part 329). The study area is not subject to Section 10 regulations. 4.7 Endangered Species Act Protected Species Species with the federal classifications of Endangered (E), Threatened (T) or Proposed (P) are protected under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). The U.S. Fish and Wildlife Service (USFWS) lists seventeen (17) species for Onslow County as of March 25, 2015. NCNHP data updated in October 2016 was reviewed to determine if any of these species have been documented inside of or within 0.5 mile of the study area. Table 3. Federal listed species for Onslow Countv. NC. 4 Trott Site Potential Common Name Scientific Name Federal, Habitat Biological Status' Present Conclusion - (Y/N) Atlantic sturgeon Acipenser oxyrinchus E N No Effect oxyrinchus Shortnose sturgeon pener s Acipen er E N No Effect bre American alligator Alligator T(S/A) N Not Required mississippiensis Green sea turtle Chelonia mydas T N No Effect Hawksbill sea turtle Eretmochelys E N No Effect imbricata 4 Trott Site Environmental Services, Inc. Table 3. continued a E — Endangered, T — Threatened, T (S/A) — Threatened due to Similarity of Appearance Atlantic sturgeon — Atlantic sturgeon are large fish that can reach 14 feet in length that occur in major river systems along the eastern seaboard of the United States. The species prefers the near shore marine, estuarine, and riverine habitat of large river systems. It is an anadromous species that migrates to moderately -moving freshwater areas to spawn in the spring, but spends most of its life within close proximity of the river's mouth. Large freshwater rivers that are unobstructed by dams or pollutants are imperative to successful reproduction. Spawning occurs in areas with hard substrate (e.g., cobble) (NOAA 2016). Habitat Present: No Potential habitat for the Atlantic sturgeon does not occur within the study area. The study area lacks the large freshwater river habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the Atlantic sturgeon within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Trott Site Potential Habitat Biological Common Name .. Scientific Name:Federal Status' Present Conclusion /N) Kemp's ridley sea Lepidochelys kempii E N Mo Effect turtle Leatherback sea turtle Dermochelys coriacea E N No Effect Loggerhead sea turtle Caretta caretta T N No Effect Piping plover Charadrius melodus T N No Effect Red -cockaded Picoides borealis E N No Effect woodpecker Red knot Calidris canutus rufa T N No Effect West Indian manatee Trichechus manatus E N No Effect Cooley's meadowrue Thalictrum cooleyi E N No Effect Golden sedge Carex lutea E N No Effect Pondberry Lindera melissifolia E N No Effect Rough -leaved Lysimachia loosestrife asperulaefolia E N No Effect Seabeach amaranth Amaranthus pumilus T N No Effect a E — Endangered, T — Threatened, T (S/A) — Threatened due to Similarity of Appearance Atlantic sturgeon — Atlantic sturgeon are large fish that can reach 14 feet in length that occur in major river systems along the eastern seaboard of the United States. The species prefers the near shore marine, estuarine, and riverine habitat of large river systems. It is an anadromous species that migrates to moderately -moving freshwater areas to spawn in the spring, but spends most of its life within close proximity of the river's mouth. Large freshwater rivers that are unobstructed by dams or pollutants are imperative to successful reproduction. Spawning occurs in areas with hard substrate (e.g., cobble) (NOAA 2016). Habitat Present: No Potential habitat for the Atlantic sturgeon does not occur within the study area. The study area lacks the large freshwater river habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the Atlantic sturgeon within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Trott Site Environmental Services, Inc. Shortnose sturgeon — Shortnose sturgeon occur in most major river systems along the eastern seaboard of the United States. The species prefers the near shore marine, estuarine, and riverine habitat of large river systems. It is an anadromous species that migrates to faster -moving freshwater areas to spawn in the spring, but spends most of its life within close proximity of the river's mouth. Large freshwater rivers that are unobstructed by dams or pollutants are imperative to successful reproduction. Distribution information by river/waterbody is lacking for the rivers of North Carolina; however, records are known from most coastal counties (NMFS 1998). Habitat Present: No Potential habitat for shortnose sturgeon does not occur within the study area. The study area lacks the large freshwater river habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the shortnose sturgeon within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect American alligator — In North Carolina, alligators have been recorded in nearly every coastal county, and many inland counties to the fall line. The alligator is found in rivers, streams, canals, lakes, swamps, and coastal marshes. Adult animals are highly tolerant of salt water, but the young are apparently more sensitive, with salinities greater than 5 parts per thousand considered harmful. The American alligator remains on the protected species list due to its similarity in appearance to the Endangered American crocodile (Crocodylus acutus) (USFWS 2016a). Habitat Present: No Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. Potential habitat for American alligator does not occur within the study area. The study area lacks the rivers, streams, canal, lakes and swamps associated with this species. NCNHP data from October 2016 indicates no occurrences of the American alligator within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: Not Required Green sea turtle — The green sea turtle is found in temperate and tropical oceans and seas. Nesting in North America is limited to small communities on the east coast of Florida requiring beaches with minimal disturbances and a sloping platform for nesting (the do not nest in North Carolina). The green sea turtle can be found in shallow waters. They are attracted to lagoons, reefs, bays, mangroves swamps and inlets where an abundance of marine grasses can be found, as this is the principle food source for the green turtle (USFWS 2016b). Habitat Present: No Potential habitat for the green sea turtle does not occur within the study area. The study area lacks the lagoon, reef, bay, and beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the green sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Hawksbill sea turtle — Hawksbill sea turtles are found in tropical and subtropical oceans. Sightings have been reported on the east coast of the U.S. as far north as Massachusetts, although rarely north of 6 Trott Site Environmental Services, Inc. Florida. Sightings have been recorded from a handful of counties in North Carolina, but the turtle is not known to breed here. Adult hawksbills are found in coastal waters, especially around coral reefs, rocky outcrops, shoals, mangrove bays, and estuaries. Juveniles are often seen offshore, in floating mats of seaweed. This species nests on a wide range of beach types and substrates, using both low - and high-energy beaches on islands and mainland sites. The nest is typically placed near or under some vegetation (USFWS 2016c). Habitat Present: No Potential habitat for the hawksbill sea turtle does not occur within the study area. The study area lacks the beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the hawksbill sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Kemp's ridley sea turtle — Kemp's ridley sea turtle is the smallest of the sea turtles that visit North Carolina's coast, and has been sighted in most coastal counties. While the majority of this sea turtle's nesting occurs in Mexico, the species is known to nest on North Carolina beaches infrequently. Kemp's ridley sea turtle can lay eggs as many as three times during the April to June breeding season. This species prefers beach sections that are backed up by extensive swamps or large bodies of open water having seasonal narrow ocean connections and a well defined elevated dune area. The species prefers neritic areas with sandy or muddy bottoms (USFWS 2016d). Habitat Present: No Potential habitat for the Kemp's ridley sea turtle does not occur within the study area. The study area lacks the beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the Kemp's ridley sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Leatherback sea turtle — Leatherback sea turtles are distributed world-wide in tropical waters of the Atlantic, Pacific, and Indian oceans. They are generally open ocean species, and may be common off the North Carolina coast during certain times of the year. However, in northern waters leatherbacks are reported to enter into bays, estuaries, and other inland bodies of water. Major nesting areas occur mainly in tropical regions. In the U.S., primary nesting areas are in Florida, however nests are known from Georgia, South Carolina and North Carolina as well. Nesting occurs from April to August. Leatherbacks need sandy beaches backed with vegetation in the proximity of deep water and generally with rough seas. Beaches with relatively steep slope are usually preferred (USFWS 2016e). Habitat Present: No Potential habitat for the leatherback sea turtles does not occur within the study area. The study area lacks beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the leatherback sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Loggerhead sea turtle — The loggerhead sea turtle is widely distributed within its range, and is found in three distinct habitats during their lives. These turtles may be found hundreds of miles out in the open ocean, in neritic areas, or on coastal beaches. In North Carolina, this species has been observed Trott Site Environmental Services, Inc. in every coastal county. Loggerhead sea turtles occasionally nest on North Carolina beaches, and are the most common of all sea turtles that visit the North Carolina coast. They nest nocturnally, at two to three year intervals, between May and September, on isolated beaches that are characterized by fine- grained sediments. In near shore areas, loggerhead sea turtles have been observed in bays, lagoons, salt marshes, creeks, ship channels, and the mouths of large rivers. Coral reefs, rocky places, and shipwrecks are often used as foraging areas (USFWS 2016f). Habitat Present: No Potential habitat for the loggerhead sea turtle does not occur within the study area. The study area lacks the large freshwater river habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the Atlantic sturgeon within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Piping plover — The piping plover breeds along the entire eastern coast of the United States. North Carolina is uniquely positioned in the species' range, being the only state where the piping plover's breeding and wintering ranges overlap and the birds are present year-round. They nest most commonly where there is little or no vegetation, but some may nest in strands of beach grass. The nest is a shallow depression in the sand that is usually lined with shell fragments and light colored pebbles (USFWS 2016g). Habitat Present: No Potential habitat for the piping plover does not occur within the study area. The study area lacks beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the piping plover within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Red -cockaded woodpecker — The red -cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting/roosting habitat. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat. The foraging range of the RCW is normally no more than 0.5 miles (USFWS 2016h). Habitat Present: No Potential nesting and foraging habitat for RCW does not occur within the study area. The wooded areas within and surrounding the study area are predominately mixed hardwood -pine, but pines are less than 30 years old and the communities include a dense hardwood understory does not provide suitable foraging or nesting habitat for this species. A review of historic aerial photography shows that the property has been clearcut in the previous 12 years. NCNHP data from October 2016 indicates no occurrences of the RCW within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Red knot — The rufa red knot is one of the six recognized subspecies of red knots, and is the only subspecies that routinely travels along the Atlantic coast of the United States during spring and fall migrations. It is known to winter in North Carolina and to stop over during migration. Habitats used 8 Trott Site Environmental Services, Inc. by red knots in migration and wintering areas are similar in character: coastal marine and estuarine habitats with large areas of exposed intertidal sediments. In North America, red knots are commonly found along sandy, gravel, or cobble beaches, tidal mudflats, salt marshes, shallow coastal impoundments and lagoons, and peat banks. Ephemeral features such as sand spits, islets, shoals, and sandbars, often associated with inlets can be important habitat for roosting (USFWS 2016i). Habitat Present: No Potential habitat for the red knot does not occur within the study area. The study area lacks the marsh, lagoon, and beach habitats associated with this species. NCNHP data from October 2016 indicates no occurrences of the red knot within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect West Indian manatee — Manatees have been observed in all the North Carolina coastal counties. Manatees are found in canals, sluggish rivers, estuarine habitats, salt water bays, and as far off shore as 3.7 miles. They utilize freshwater and marine habitats at shallow depths of 5 to 20 feet. In the winter, between October and April, manatees concentrate in areas with warm water. During other times of the year habitats appropriate for the manatee are those with sufficient water depth, an adequate food supply, and in proximity to freshwater. Manatees require a source of freshwater to drink. Manatees are primarily herbivorous, feeding on any aquatic vegetation present, but they may occasionally feed on fish (USFWS 2016j). Habitat Present: No Potential habitat for the West Indian manatee does not occur within the study area. The study area lacks the freshwater and marine habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the West Indian manatee within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Cooley's meadowrue — Cooley's meadowrue, documented in the Pine Savanna natural community, occurs in circumneutral soils in sunny, moist to wet grass -sedge bogs, wet -pine savannas over calcareous clays, and savanna -like areas, often at the ecotones of intermittent drainages or non-riverine swamp forests. This rhizomatous perennial herb is also found along plowed firebreaks, roadside ditches and rights -of -ways, forest clearings dominated by grass or sedge, and powerline or utility rights-of-way. The species requires some type of disturbance (e.g. mowing, clearing, periodic fire) to maintain its open habitat. The plant typically occurs on slightly acidic soils that are loamy fine sand, sandy loam, or fine sandy loam; at least seasonally moist or saturated; and mapped as Foreston, Grifton, Muckalee, Torhunta, or Woodington series (USFWS 1994). Habitat Present: No Potential habitat for Cooley's meadowrue does not occur within the study area. The study area lacks the wet -pine savannas and ecotones of intermittent drainages or non-riverine swamp forest habitats. NCNHP data from October 2016 indicates no occurrences of the Cooley's meadowrue within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect 9 Trott Site Environmental Services, Inc. Golden sedge — Golden sedge, a very rare endemic of the Atlantic Coastal Plain, grows in sandy soils overlying calcareous deposits of coquina limestone, where the soil pH, typically between 5.5 and 7.2, is usually high for this region. The perennial prefers the ecotone between the pine savanna and adjacent wet hardwood or hardwood/conifer forest. Most plants occur in the partially shaded savanna/swamp where occasionally to frequent fire favor an herbaceous ground layer and suppress shrub dominance. Soils supporting the species are very wet to periodically shallowly inundated. Other occurrences may occur on disturbed areas such as roadsides and drainage ditches or power line rights-of-way, where mowing and/or very wet conditions suppress woody plants. Poorly viable occurrences may occur in significantly disturbed areas where ditching activities that lower the water table and/or some evidence of fore suppression threatens the species (USFWS 2002). Habitat Present: No Potential habitat for golden sedge does not occur within the study area. The study area lacks the ecotones between pine savannas and adjacent wet hardwood or hardwood/conifer forests associated with this species. NCNHP data from October 2016 indicates no occurrences of the golden sedge within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Pondberry — Pondberry occurs in seasonally flooded wetlands, sandy sinks, pond margins, and swampy depressions. This deciduous, aromatic shrub occurs in bottomland hardwood forests with perched water tables along inland area of the southeastern United States. In the Coastal Plain of the Carolinas, the species occurs at the margins of limestone sinks and ponds and in undrained, shallow depressions of longleaf pine and pond pine forests. Known occurrences in North Carolina occur in the Small Depression Pocosin natural community, grow in soils with sandy sediments and high water table, contain high peat content in the subsurface, and include a prevalence of shrubs due to historically frequent or intense fires. It generally grows in somewhat shaded areas, but can tolerant full sun (USFWS 1993). Habitat Present: No Potential habitat for pondberry does not occur within the study area. The study area lacks pond margins, limestone sandy sinks, and longleaf/pond pine swampy drepressions associated with this species. NCNHP data from October 2016 indicates no occurrences of the pondberry within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Rough -leaved loosestrife — Rough -leaved loosestrife, endemic to the Coastal Plain and Sandhills of North and South Carolina, generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins in dense shrub and vine growth on moist to seasonally saturated sands and on shallow organic soils overlaying sand (spodosolic soils). Occurrences are found in such disturbed habitats as roadside depressions, maintained power and utility line rights-of-way, firebreaks, and trails. The species prefers full sunlight, is shade intolerant, and requires areas of disturbance (e.g., clearing, mowing, periodic burning) where the overstory is minimal. It can, however, persist vegetatively for many years in overgrown, fire -suppressed areas. Blaney, Gilead, Johnston, Kalmia, Leon, Mandarin, Murville, Torhunta, and Vaucluse are some of the soil series that the plant occurs on (USFWS 1995). 10 Trott Site Environmental Services, Inc. Habitat Present: No Potential habitat for rough -leaved loosestrife does not occur within the study area. The study area lacks wetland ecotonal habitats between longleaf pine uplands and pond pine pocosins required by this species. NCNHP data from October 2016 indicates no occurrences of the rough -leaved loosestrife within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Seabeach amaranth — Seabeach amaranth occurs on barrier island beaches where its primary habitat consists of overwash flats at accreting ends of islands, lower foredunes, and upper strands of noneroding beaches (landward of the wrack line). In rare situations, this annual is found on sand spits 160 feet or more from the base of the nearest foredune. It occasionally establishes small temporary populations in other habitats, including sound -side beaches, blowouts in foredunes, interdunal areas, and on sand and shell material deposited for beach replenishment or as dredge spoil. The plant's habitat is sparsely vegetated with annual herbs (forbs) and, less commonly, perennial herbs (mostly grasses), and scattered shrubs. It is, however, intolerant of vegetative competition and does not occur on well -vegetated sites. The species usually is found growing on a nearly pure silica sand substrate, occasionally with shell fragments mixed in. Seabeach amaranth appears to require extensive areas of barriers island beaches and inlets that function in a relatively natural and dynamic manner. These characteristics allow it to move around in the landscape, occupying suitable habitat as it becomes available (USFWS 1996). Habitat Present: No Potential habitat for seabeach amaranth does not occur within the study area. The study area lacks the beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the seabeach amaranth within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect 4.8 Bald and Golden Eagle Protection Act Bald eagles typically feed on fish but may also consume birds and small mammals. In the Carolinas, nesting season extends from December through May (Potter et al. 1980). Bald eagles typically nest in tall, living trees in a conspicuous location near water and forage over large bodies of water with adjacent trees available for perching (Hamel 1992). The bald eagle was officially delisted and removed from the federal Endangered Species List on August 9, 2007, but they are still protected under the BGPA and the MBTA. The National Bald Eagle Management Guidelines (Guidelines) (USFWS 2007) prohibit disturbance to a bald eagle. The Guidelines define disturb as "to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available: 1) injury to an eagle; 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior; or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior." The definition also covers impacts that result from human -caused alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagles return, such alterations agitate or bother an eagle to a degree that injures an eagle or interferes with normal breeding, feeding, or sheltering behavior (USFWS 2007). 11 Trott Site Environmental Services, Inc. Under the current Guidelines, USFWS recommends the following measures for roads, trails, canals, power lines, and other linear utilities. If the eagle nest can be seen from the project site and there is no similar activity within 660 feet, then USFWS recommends that the project: 1) maintain a buffer of at least 660 feet between your activities and the nest; 2) maintain any established landscape buffers; and 3) if possible, create additional landscape buffers to screen the new activity from the nest. If these recommendations cannot be adopted for the project, then coordination is recommended with the local USFWS office. ESI did not identify any evidence of bald eagle activity while working in the study area. A review of NHP records (October 2016 data) indicates no documented occurrences of bald eagle within 0.5 mile of the study area. 4.9 Federal Species of Concern The March 25, 2015 USFWS list for Onslow County also includes a category of species designated as "Federal Species of Concern" (FSC). Federal species of concern are not afforded federal protection under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally Proposed (P) or listed as Threatened (T) or Endangered (E). However, the status of these species is subject to change, and so should be included for consideration. FSC are defined as species that are under consideration for listing for which there is insufficient information to support listing. The presence of potential habitat is based on the following NCNHP documents: List of Rare Plant Species of North Carolina (NCNHP 2014a) and List of Rare Animal Species of North Carolina (NCNHP 2014b). Thirty (30) FSC species are listed for Onslow County (Table 4). Potential habitat is present for three (3) of these species based on a preliminary assessment using the NCNHP habitat descriptions and the results of the onsite evaluation. We can make no definitive survey recommendations since the FSC designation does not require any regulatory consultation. However, if Duke determines that they would like to survey for any of these species, then ESI can provide a study plan for that effort. NCNHP documents no occurrence of these species within 0.5 mile southeast of the study area. 4.10 State Protected Species Some species that are listed as FSC by USFWS also receive limited state protection. Those species that are listed as both FSC and as North Carolina state -listed Endangered (E), Threatened (T), and Special Concern (SC) are identified in Table 4. These species receive limited protection under the North Carolina Endangered Species Act (G.S. 113-331 et seq.) and the North Carolina Plant Protection Act of 1979 (G.S. 106-202.12 et seq.). Table 4 indicates that there are twenty-one (21) species that are listed as FSC in addition to having a state designation of T, E, or SC. The study area may provide potential habitat for two (2) state protected species. 12 Trott Site Environmental Services, Inc. Table 4. Federal Species of Concern for Onslow County, NC T=Threatened, E=Endangered; SC=Special Concem; SC-V=Special Concern -Vulnerable 13 Trott Site N.C. Potential NCNHP Common Name Scientific Name Status' Habitat 0.5-Nlile T, E, SC Occurrence American eel Anguilla rostrate -- No No Bachman's sparrow Aimophila aestivalis SC No No Black rail Laterallus jamaicensis SC No No Carolina gopher frog Rana capito capito T No No Eastern Henslow's Ammodramus henslowii SC Yes No sparrow susurrans Eastern painted Passerina ciris ciris -- No No bunting Mimic glass lizard Ophisaurus mimicus SC Yes No Southern hognose Heterodon simus SC No No snake Buchholz's dart moth Agrotis buchholzi -- No No A skipper Atrytonopsis sp. I -- No No Awned Rhexia aristosa SC -V No No meadowbeauty Boykin's lobelia Lobelia boykinii E No No Carolina grass-of- Parnassia caroliniana T No No pamassus Carolina trillium Trillium pusillum var. pusillum E No No Coastal beaksedge Rhynchospora pleiantha T No No Coastal goldenrod Solidago villosicarpa E No No Grassleaf arrowhead Sagittaria weatherbiana E No No Hirst's panic grass Dichanthelium hirstii E No No Loose watermilfoil Myriophyllum laxum E No No Many -flowered Calopogon multflorus E No No grass -pink Pineland plantain Plantago sparsiflora T No No Pondspice Litsea aestivalis SC -V No No Savanna onion Allium sp. I -- No No Smooth -seeded hairy Scleria sp. 1 -- No No nutrush Spring -flowering Solidago verna -- Yes No goldenrod Swamp forest Rhynchospora decurrens T No No beakrush Thome's beakrush Rhynchospora thornei SC -V No No Venus' fly -trap I Dionaea muscipula SC -V No No Wagner's spleenwort Asplenium heteroresiliens -- No No A quillwort Isoetes microvela -- No No T=Threatened, E=Endangered; SC=Special Concem; SC-V=Special Concern -Vulnerable 13 Trott Site Environmental Services, Inc. 5.0 CULTURAL/ARCHAEOLOGICAL RESOURCES Research conducted by ESI at the North Carolina Office of State Archaeology (OSA) on October 31, 2016 revealed that no previously recorded archaeological sites are located directly within or immediately adjacent to the proposed project area. Research conducted by ESI at the Survey and National Register Branch of the North Carolina State Historic Preservation Office (SHPO) on October 31, 2016 revealed that no previously recorded historic properties listed in, eligible, or potentially eligible for listing in the National Register of Historic Places (National Register) are located directly within the proposed project area. 6.0 SUMMARY The project area contains fourteen non -riparian, pine flat wetlands. Impacts to jurisdictional areas should be avoided and minimized as much as practicable. Unavoidable impacts must be coordinated with the applicable resource agency and permitting and mitigation could be required. No issues concerning cultural and archaeological resources and threatened or endangered species were identified during the preparation of this report. The delineation results should be reviewed and approved by the USACE prior to site design. 14 Trott Site Environmental Services, Inc. References Hamel, P.B. 1992. Land Manager's Guide to the Birds of the South. The Nature Conservancy, Southeastern Region, Chapel Hill, NC. 437 pp. National Geographic Society/ESRI. 2011. I -cubed seamless USGS quadrangle (Kellum, NC). National Marine Fisheries Service. 1998. Recovery Plan for the Shortnose Sturgeon (Acipenser brevirostrum). Prepared by the Shortnose Sturgeon Recovery Team for the National Marine Fisheries Service, Silver Spring, Maryland. 104 pages. National Oceanic and Atmospheric Administration. Fisheries, Office of Protected Resources. 2016. Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus). Http://www.nmfs.noaa.gov/pr/species/fish/atlanticsturgeon.htm (Accessed October 2016). N.C. Center for Geographic Information and Analysis. 2001. State of North Carolina Hydrologic Unit Map. N.C. Department of Environment and Natural Resources. 1985. Geologic Map of North Carolina. N.C. Division of Marine Fisheries. 2007. Anadromous Fish Spawning Areas, Cape Fear River Area, Map 4. http://portal.ncdenr.org/web/mf/ (Accessed October 2016). N.C. Division of Marine Fisheries. 2011. Fishery Nursery Areas. http://portal.ncdenr.org/web/mf/ (Accessed September 2016). N.C. Division of Water Resources. 2013. NC Water Quality Classifications by NC River Basin. http://portal.ncdenr.org/web/wq/ps/csu/classifications (Accessed October 2016). N. C. Natural Heritage Program. 2014a. List of Rare Plant Species of North Carolina 2014. North Carolina Natural Heritage Program. 138 pp. N. C. Natural Heritage Program. 2014b. List of Rare Animal Species of North Carolina 2014. North Carolina Natural Heritage Program. 172 pp. N. C. Natural Heritage Program. 2016. October 2016 NHP Element Occurrences. Raleigh, NC. (Accessed October 2016). Potter, E.F., J.F. Parnell, and R.P. Teulings 1980. Birds of the Carolinas. The University of North Carolina Press, Chapel Hill, NC. 408 pp. U.S. Army Corps of Engineers. 2010. Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation Manual: Atlantic Gulf Coastal Plain Region (Version 2.0). U.S. Army Engineer Research and Development Center, Vicksburg, MS. 158 pp. U.S. Department of Agriculture. 1992. Soil Survey of Onslow County, North Carolina. 138 pp. plus maps. U.S. Fish and Wildlife Service. 1993. Recovery Plan for Pondberry (Lindera melissifolia). Atlanta, Georgia. 56 pp. 15 Trott Site Environmental Services, Inc. U.S. Fish and Wildlife Service. 1994. Cooley's Meadowrue Recovery Plan. Atlanta, Georgia. 29 pp U.S. Fish and Wildlife Service. 1995. Rough -leaved Loosestrife Recovery Plan. Atlanta, GA. 32 pp. U.S. Fish and Wildlife Service. 1996. Recovery Plan for Seabeach Amaranth (Amaranthus pumilius) Rafinesque. Atlanta, Georgia. U.S. Fish and Wildlife Service. 2002. Endangered and Threatened Wildlife and Plants; Endangered Status for Carex lutea (Golden Sedge). 67 FR 3120-3126. U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines U.S. Fish and Wildlife Service. 2015. T&E species listed for Onslow County. http://www.fws.gov/raleigh/species/cntylist/nc_counties.html (Accessed October 2016). U.S. Fish and Wildlife Service. 2016a. American alligators in North Carolina. Http://www.fws.gov/nc-es/reptile/alligat.html (Accessed October 2016). U.S. Fish and Wildlife Service. 2016b. Green Sea Turtles in North Carolina. Http://www.fws.gov/nc es/reptile/greensea.html (Accessed October 2016). U.S. Fish and Wildlife Service. 2016c. Hawksbill Sea Turtles in North Carolina. Http://www.fws.gov/nc-es/reptile/hawksbill.html (Accessed October 2016). U.S. Fish and Wildlife Service. 2016d. Kemp's Ridley Sea Turtles in North Carolina. Http://www.fws.gov/nc-es/reptile/ridley.html (Accessed October 2016). U.S. Fish and Wildlife Service. 2016e. Leatherback Sea Turtles in North Carolina. Http://www.fws.gov/nc-es/reptile/leather.html (Accessed October 2016). U.S. Fish and Wildlife Service. 2016£ Loggerhead Turtles in North Carolina. Http://www.fws.gov/nc-es/reptile/logger.html (Accessed October 2016). U.S. Fish and Wildlife Service. 2016g. Piping plover (Charadrius melodus) Species Profile. Http:Hecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B079 (Accessed October 2016). U.S. Fish and Wildlife Service. 2016h. Red -cockaded Woodpecker (Picoides borealis). http://www.fws.gov/rcwrecovery/rcw.html (Accessed October 2016). U.S. Fish and Wildlife Service. 20161. Rufa Red Knot (Calidris canutus rufa) Species Profile. https://www.fws.gov/northeast/redknot/ (Accessed October 2016). U.S. Fish and Wildlife Service. 2016j. West Indian Manatees in North Carolina. Http://www.fws.gov/nc-es/mammal/manatee.html (Accessed October 2016). 16 Trott Site Environmental Services, Inc. Appendix A Figures 17 Trott Site