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HomeMy WebLinkAbout20070540 Ver 1_401 Application_20070307r ~~ Progress Energy March 19, 2007 Mr. Brad Shaver Wilmington Regulatory Field Office US Army Corps of Engineers P.O. BOX 1890 Wilmington, NC 28402-1890 Ms. Cyndi Karoly North Carolina Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1786 .07 •osao COURTESY COPT( Subject: Preconstruction Notification for Proposed Overhead Electric Distribution Line Crossing Northeast Cape Fear River in Pender County Dear Mr. Shaver and Ms. Karoly: Carolina Power & light Company d/b/a Progress Energy Carolinas (PEC) is preparing to construct an electric distribution line serving a residential customer in northern Pender County. The total length of the installation is approximately 700 feet, beginning at an existing distribution line, crossing the Northeast Cape Fear River, and then extending underground to the customer. The river is considered navigable under Section 10, and PEC is requesting authorization from the Corps under Nationwide 12 for this relocated crossing. No wetlands will be impacted by this installation. PEC has discussed this crossing with the Division of Coastal Management (DCM), and DCM has determined that the proposed work qualifies for a CAMA general permit, which is also being applied for. The proposed project will not require approval of an erosion control plan, since less than one acre will be disturbed. However, PEC will ensure that no off-site sedimentation occurs. In additional to surveying the project area for jurisdictional waters, PEC has determined there are no impacts to threatened or endangered species or to cultural resources. Progress Energy Service Company, LLC p ~ ~ ~ ~ "'' 1451 Military Cutoff Aoad w~i~~~~gm~, Nc Banos MAR 2 7 2007 DENR - GNgTER QUALITY ~-TLAN0.~ ~~ STORMW.AT~R BRANCH r~ In support of this request, we are enclosing the following: 1. Preconstruction Notification. 2. Consultant's report, including vicinity map, aerial photos showing the proposed ROW and jurisdictional areas, and discussion of threatened and endangered species. 3. Plan and profile map, showing overhead clearance. 4. Letter from SHPO, indicating "no comment". We would appreciate your review of the enclosed PCN. If you have any questions, please contact Mr. Buzz Bryson in our Environmental Services Section at 919-546-6637 or buzz.bryson~p~nmail.com. Thank you for this consideration. Very truly yours, ~~ Kenneth Karp, General anager Eastern Region Distribution KK/wtb Enclosures c: Mr. Buzz Bryson Mr. Don Cooke Mr. Paul Polinski Office Use Only: Form Version March 05 oT•osao USAGE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Appltcable" or "N/A".) I. Processing `~(JU FZTES~ Check all of the approval(s) requested for this project: f ~®~~ ^ Section 404 Permit ^ Riparian or Watershed Buffer Rules ® Section 10 Permit ^ Isolated Wetland Permit from DWQ ^ 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check ~~ ~ ~~~~~ II. Applicant Information MAR 2 7 2Q07 Owner/Applicant Information r~t:~rf~ - ~vpr~R cau,aun Name: Mr. Kenneth Kali +9~Er~atinc a~~, eTnn.e i ~ c . a9r17?97TR-g~C~ Mailing Address: General Manager, Distribution Progress EnergLy Carolinas 1451 Military Cutoff Road Wilmington NC 28403-3612 Telephone Number: 910-256-7320 Fax Number: 910-256-7217 E-mail Address: ken karp(a~p~nmail com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Internal contact is W. T. (Buzz) Bryson Company Affiliation: Progress Energy -Carolinas Mailing Address: P. O. Box 1981, TPP 16 Raleigh NC 27602 Telephone Number: 919-546-6637 Fax Number: 919-546-6386 E-mail Address: buzz.bryson ~p>;nmail.com Updated 11/1/2005 Page 1 of 8 III. Project Information 5 Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Northeast Cape Fear River Distribution Feeder Line 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax 4. Location Nearest Town: Wallace, NC Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): Take NCSR 1501 (River Road) from US 117 (I-40) east. Line originates at location shown on attached maps. County: Pender Site coordinates (For linear projects, such as a road or utility line, attach separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 34.7107 °N 77.9318 6. Property size (acres): PEC easement is 30 feet x approximately 700 feet (0.47 acre 7. Name of nearest receiving body of water: Northeast Cape Fear River 8. River Basin: Cape Fear River (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Land is eg nerally timbered. Bulk of line will be installed underground in existing_unimproved dirt forest road (no clearing required) a sheet that oW Updated 11/1/2005 Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: Initial 570 feet of line will be installed overhead from west side to east side, including river crossing Remainder of line (proximately 130 feet) will be installed with vibratory plow (no clearing or digging) No wetlands will be impacted and there will be no discharges to 11. Explain the purpose of the proposed work: Installation is to supply electricity to residential customer single home) IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No prior permits have been requested V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. There are no future project plans VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The only jurisdictional impact is the overhead crossing of the federall~avi>?able Northeast Cape Fear River. The bulk of Updated 11/1/2005 Page 3 of 8 the line right-of--way is down an existing dirt forest road and will be plowed in. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) N/A N/A N/A N/A N/A N/A N/A Total Stream Impact (by length and acreage) N/A 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill. excavation, dredain~, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A N/A N/A N/A N/A Updated 11/1/2005 Page 4 of 8 Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): N/A Wetland Impact (acres): N/A Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) N/A Total Stream Impact (linear feet): N/A 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., darY/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. There are no jurisdictional impacts other than the proposed overhead crossing of navigable waters. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Updated 11/1/2005 Page 5 of 8 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htt~ //h2o.enr.state.nc.us/ncwetlands/strm~ide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation is proposed 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Updated 11/1/2005 Page 6 of 8 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * Impact Required Zone ,,,~__~_~ c ~,~ Multiplier r~;*;,,,*;,,,, 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A Updated 11/1/2005 Page 7 of 8 t XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. There will be no increase in impervious surface on the project Project will involve only installation of electric distribution line. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A __ XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). 3/Z~/~ Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 8 of 8 ENVIRONMENTAL SERVICES, INC 524 S. NEW HOPE ROAD RALEIGH, NORTH CAROLINA 27610 919-212-1760 • FAX 919-212-1707 www.environmentalservicesinc. com 6 September 2006 Mr. Paul Polinski Progress Energy 5700 Holly Shelter Road Castle Hayne, NC 28429 Re: NE Cape Fear River Crossing ER06-039.08 Pender County, NC Mr. Polinski: Thank you for contacting Environmental Services, Inc., (ESI) concerning the above referenced project. At your request, we have conducted a jurisdictional delineation, preliminary Threatened and Endangered species habitat evaluation, preliminary cultural resource assessment, and report preparation for the NE Cape Fear River Crossing project located in Pender County, North Carolina. This letter report outlines our findings pertaining to the jurisdictional delineation and Threatened and Endangered species habitat evaluation. At your request, ESI will contact the U.S. Army Corps of Engineers to determine if they wish to review the delineation effort. The results of the preliminary cultural resources assessment will be submitted to you under separate cover. Please call me if you have any questions or comments. As always, thank you for allowing ESI to provide services to Progress Energy Carolinas. Sincerely, ENVIRONMENTAL SERVICES, INC. ~ ~ ~~a~..~-- Lauren Cobb John Merritt Senior Scientist ~~ Project Scientist Cc: Don Cooke Buzz Bryson JACKSONVILLE • ST. AUGUSTINE • COCOA • JUPITER • DESTIN • SAVANNAH • ATLANTA • RALEIGH • CHARLOTTE • ASHEVILLE ENVIRONMENTAL SERVICES, INC. Natural Resource Investigation for the NE Cape Fear River Crossing Pender County, North Carolina September 2006 Project Description The proposed NE Cape Fear River Crossing project is located in Pender County, North Carolina. Progress Energy Carolinas (PEC) proposes to install a power line across the NE Cape Fear River to an adjoining properly. The project route is depicted on U.S. Geological Survey (USGS) topographic map (Figure 1). The project study area encompasses approximately 15 feet (ft) on either side of the staked centerline. Project Understanding Environmental Services, Inc., (ESI) was tasked by PEC to provide the following services for the NE Cape Fear River Crossing project: • Jurisdictional wetland and stream delineation • Preliminary protected species assessment • Preliminary cultural resource assessment • U.S. Army Corps of Engineers (ACOE) field review (if deemed necessary) • Report and graphics preparation ESI was asked to delineate all jurisdictional features within the proposed transmission line route mentioned above. The centerline had been previously identified and staked in the field by a registered surveyor. The delineation was to be located by Hanover Design Services, PA. Background Research Prior to the initiation of field efforts, available sources were reviewed, including the USGS 7.5-minute topographic quadrangles [Wallace East, NC (1981)], aerial photographs of the proposed alignment as obtained by ESI, and Natural Resource Conservation Service (MRCS) soils mapping for Pender County (USDA 1990). Additionally, records kept by the North Carolina Natural Heritage Program (NCNHP) concerning any known occurrences of federally Threatened or Endangered species were reviewed on 16 August 2006. Water Resources The project study area is in the Cape Fear River Basin and is located in USGS hydrologic unit; 03030007. 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. The NE Cape Fear River is the only channel associated with the project study area. The NE Cape Fear River [Stream Index Number: 18-74-(29.5)] has been assigned a BUC of C Sw (NCDENR 2006). The C designation indicates freshwaters that J 2 ENVIRONMENTAL SERVICES, INC. support aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation is any activity involving human body contact with water on an infrequent or incidental basis. The supplemental classification Sw indicates swamp waters, which have slow velocities and other natural characteristics, which are different from adjacent streams. Section 404 Delineation Results The only jurisdictional area subject to Section 404 jurisdiction in the project corridor is the NE Cape Fear River. This area was identified and delineated within the project corridor. The river was flagged with orange and blue flagging. A professional survey crew was on site to survey the delineation line, therefore no GPS data was collected. Data forms will be submitted to the ACOE with our formal submittal for a site visit should PEC decide to proceed with a formal site visit. ESI will provide PEC with copies of these forms at that time under separate cover. Threatened and Endangered Species Species with the federal classifications of Endangered (E), or Threatened (T), are protected under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). The thirteen (13) species listed in Table 1 carry the federal designation of E or T and are listed by the U.S. Fish and Wildlife Service (USFWS 2006) as having ranges that are considered to extend into Pender County based upon the most recent list dated 8 March 2006. Table 1 _ Federal Protected Species for Pender County, North Carolina Common Name Scientific Name Federal Status Habitat Present Biological Conclusion American alligator Alligator mississippiensis T(S/A) Y None Required Bald eagle Haliaeetus leucocephalus T Y Unresolved Green sea turtle Chelonia mydas (incl. agassizi) T N No Effect Loggerhead sea turtle Caretta caretta T N No Effect Piping plover Charadrius melodus T N No Effect Red-cockaded woodpecker Picoides borealis E N No Effect Shortnose sturgeon Acipenser brevirostrum E Y No Effect West Indian manatee Trichechus manatus E N No Effect American chaffseed Schwalbea Americana E N No Effect Cooley's meadowrue Thalictrum cooleyi E N No Effect Golden sedge Carex lutea E N No Effect Rough-leaved loosestrife Lysimachia asperulaefolia E N No Effect Seabeach amaranth Amaranthus pumilus T N No Effect ° p; - endangered, T - lhreatenea, 1(~ia) - i nreatenea aue to s~muarny of appcara«cc. *Historic record -the species was last observed in the county more than 50 years ago. American alligator -The American alligator is a large reptile with a broad snout, a short neck, a heavy body, and a laterally compressed tail. Adults are blackish or dark gray, but faint yellowish 3 ENVIRONMENTAL SERVICES, INC. crossbands are sometimes evident. The young are black with conspicuous yellow crossbands. The American alligator inhabits fresh water swamps, marshes, abandoned rice fields, ponds, lakes, and backwaters of large rivers. Females lay eggs in June and hatchlings emerge in late summer or early fall (Martof et al. 1980). American alligator is listed as threatened based on the similarity in appearance [T(S/A)] to other federally listed crocodilians; however, there are no other crocodilians within North Carolina. T(S/A) species are not subject to Section 7 consultation and a biological conclusion is not required. Field surveys for American alligator are not typically requested by the USFWS in North Carolina as a permit requirement since the species in listed as T(S/A). Habitat Present: Yes NCNHP records indicate no documented occurrences of American alligator within 3.0 miles of the project site (NCNHP 2006). Foraging and nesting habitat for the American alligator is present along the NE Cape Fear River. No nests were observed nor were alligators observed foraging. This project may affect American alligator or its habitat. However, no biological conclusion is required since the species is listed as T(S/A). BIOLOGICAL CONCLUSION: None Required Bald eagle -Bald eagles typically feed on fish but may also take birds and small mammals. In the Carolinas, the 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. Preventing disturbance activities within a primary zone extending 750 to 1,500 ft outward from a nest tree is considered critical for maintaining acceptable conditions for eagles (USFWS 1987). The USFWS recommends avoiding any disturbance activities, including construction and tree cutting, within this primary zone. Within a secondary zone, which starts at primary zone boundary and extends out to a distance of up to 1.3 miles (6,864 ft) from a nest tree, construction and land-clearing activities should be restricted to the non-nesting period. USFWS also recommends avoiding alteration of natural shorelines where bald eagles forage, and avoiding significant land-clearing activities within 1,500 ft of roosting sites. Habitat Present: Yes NCNHP records indicate no documented occurrences of bald eagle within 3.0 miles of the project site (NCNHP 2006). Foraging habitat and nesting habitat was observed on the project site. Bald eagle surveys should be conducted along the NE Cape Fear River before commencing construction. BIOLOGICAL CONCLUSION: Unresolved Green sea turtle -The green sea turtle grows to a maximum size of about 4 ft and a weight of 440 pounds. The adults feed largely on marine algae and grasses in shallow water areas. They may also consume small mollusks, sponges, crustaceans, and jellyfish. This species is pan-tropical in distribution and unlike other sea turtles, occasionally comes ashore to bask. They readily migrate long distances across open seas but spend most time in shallow waters. This species does not nest in North Carolina (Martof et al. 1980). 4 ENVIRONMENTAL SERVICES, INC. Habitat Present: No NCNHP records indicate no documented occurrences of green sea turtle within 3.0 miles of the project site (NCNHP 2006). No coastal beaches are present within the project site. Therefore, this project should not affect green sea turtle. BIOLOGICAL CONCLUSION: No Effect Loggerhead sea turtle -The loggerhead sea turtle is the most common sea turtle on the coast of the Carolinas. This species averages 31 to 47 inches in length and weighs from 170 to 500 pounds (Martof et al. 1980). The loggerhead is basically temperate or subtropical in nature, and is primarily oceanic, but it may also be found in fresh water bays, sounds, and large rivers. Bodies of water in the project area are probably not large enough to support this species' foraging habitat. This species occurs along the coast of North Carolina from late April to October. Preferred nesting habitat is ocean beaches, generally south of Cape Lookout. Traditionally, the largest concentration of loggerhead nests each year is on Smith Island, at the mouth of the Cape Fear River (Palmer and Braswell 1995). Habitat Present: No NCNHP records indicate no documented occurrences of loggerhead sea turtle within 3.0 miles of the project site (NCNI-IP 2006). No coastal beaches are present within the project site. Therefore, this project should not affect loggerhead sea turtle. BIOLOGICAL CONCLUSION: No Effect Piping plover -Piping plovers are the smallest of the plovers found in South Carolina, measuring only 6 to 8 inches in length (Golder and Parnell 1987). These small Nearctic birds occur along beaches above the high tide line, sand flats at the ends of sandspits and barrier islands, gently sloping foredunes, blowout areas behind primary dunes, and washover areas cut into or between dunes (Dyer et al. 1987). Nests are most often on open, wide sandy stretches of beach similar to those associated with inlets and capes. Habitat Present: No NCNHP records indicate no documented occurrences of piping plover within 3.0 miles of the project site (NCNHP 2006). No coastal beaches are present within the project site. Therefore, this project should not affect piping plover. 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 (Pinus palustris), slash (Pinus elliotii), and pond pines (Pinus serotina). 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. 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 5 ENVIRONMENTAL SERVICES, INC. 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 (Henry 1989). Foraging habitat is typically comprised of open pine/mixed hardwood stands over 30 years of age (Henry 1989). 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. 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 ft or more in width are considered barriers to RCW foraging (USFWS 2003). Habitat Present: No NCNHP records indicate no documented occurrences of RCW within 3.0 miles of the project site (NCNHP 2006). Suitable foraging habitat for the RCW was not identified within the project site. In addition, there were no suitable nesting sites observed within the project corridor. Therefore, this project should have no effect on RCW. BIOLOGICAL CONCLUSION: No Effect Shortnose sturgeon -The shortnose sturgeon is abottom-feeding fish that occurs in Atlantic seaboard rivers from the St. Johns River, Florida to eastern Canada. The sturgeon is anadromous, spending most of the year in brackish estuarine environments and moving into freshwater only when spawning (Gilbert 1989). The Lower Cape Fear River drainage area may contain North Carolina's only self- sustaining population of shortnose sturgeon. Habitat Present: Yes NCNHP records indicate no documented occurrences of shortnose sturgeon within 3.0 miles of the project study area (NCNHP 2006). The NE Cape Fear River within the project site is large enough to support shortnose sturgeon. However, the transmission line should span the NE Cape Fear River. Therefore, this project should not affect shortnose sturgeon. BIOLOGICAL CONCLUSION: No Effect West Indian manatee -The West Indian manatee is a large aquatic mammal that may wander from Florida during summer to as far north as coastal Virginia (USFWS 1993). A vagrant manatee was recently sighted (July 1994) in the Cape Fear River at the south end of the Wilmington port facility (NCNHP records). Habitat Present: No NCNHP records indicate no documented occurrences of West Indian manatee within 3.0 miles of the project site (NCNHP 2006). The NE Cape Fear River within the project site is large enough to support West Indian manatee. However, the transmission line should span the NE Cape Fear River. Therefore, this project should not affect West Indian manatee. BIOLOGICAL CONCULSION: No Effect Y 6 ENVIRONMENTAL SERVICES, INC. American chaffseed -Chaffseed is a perennial root-parasitic herb that stands 12-24 inches tall. The alternately-leaved plant is erect and simple, or branched only at the base. The fleshy leaves are yellow-green or dull green with red undertones, and become smaller and narrower from the base of the plant to the top (Kral 1983). Flowers are arranged on a spike-like raceme and bloom from April to June. Chaffseed occurs in grass/sedge assemblages with moist acidic sandy loams or sandy peat loams. These assemblages typically exist in moist pine flatwoods, savannas, bog borders, and open oak woods. Habitat Present: No NCNHP records indicate no documented occurrences of American chaffseed within 3.0 miles of the project site (NCNHP 2006). No suitable habitat for American chaffseed was identified within the project site. Therefore, this project should have no effect on American chaffseed. BIOLOGICAL CONCLUSION: No Effect Cooley's meadowrue - Cooley's meadowrue is a rhizomatous, perennial herb with a smooth stem; the 3-ft high plant is normally erect in full sun but lax in the shade. Leaves are ternately divided; the leaflets, less than 1 inch long, are narrow, with untoothed margins. The small, petal-less, unisexual flowers appear on an open panicle in June and the fruits, small ellipsoidal achenes, mature in August and September. Moist bogs and savannas are the preferred habitat of Cooley's meadowrue. This species is endemic to the southeastern Coastal Plain of North Carolina (11 locations) and one location in Florida. Some form of disturbance is usually needed to sustain the open quality of the meadowrue's habitat. Consequently, Cooley's meadowrue is sometimes found along utility corridors, roadside margins, or other maintained areas. Cooley's meadowrue is threatened by fire suppression and land disturbing practices such as silviculture or agriculture (USFWS 1994). Habitat Present: Yes NCNHP records indicate no documented occurrences of Cooley's meadowrue within 3.0 miles of the project site (NCNHP 2006). No suitable habitat for Cooley's meadowrue is present within the project site. Therefore, this project should have no effect on Cooley's meadowrue. BIOLOGICAL CONCLUSION: No Effect Golden sedge -Golden sedge is a perennial member of the sedge family. The yellowish green leaves are grasslike and the vegetative shoots reach a length of 26 inches. It is distinguished from other Carex spp. that occur in the same habitat by its bright yellow color, by its height and slenderness, and especially by the out-curved beaks of the crowded perigynia (USFWS 2002). This species prefers the ecotone between pine savanna and wet hardwood/conifer forest (CPC 2006). 7 ENVIRONMENTAL SERVICES, INC. Habitat Present: No NCNHP records indicate no documented occurrences of golden sedge within 3.0 miles of the project site (NCNHP 2006). No suitable habitat for golden sedge is present within the project study area. Therefore, this project should not affect golden sedge. BIOLOGICAL CONCLUSION: No Effect Rough-leaved loosestrife -Rough-leaved loosestrife is a rhizomatous perennial that flowers from late May to June with the seeds forming by August and capsules dehiscing in October. Rough-leaved loosestrife typically occurs along the ecotone between long-leaf pine savannas and wetter, shrubby areas, where lack of canopy vegetation allows abundant sunlight into the herb layer. The loosestrife is endemic to Coastal Plain and Sandhill regions of the Carolinas. This species is fire maintained; suppression of naturally occurring fires has contributed to the loss of habitat in our state. Drainage of habitat may also have adverse effects on the plant (USFWS 1995). Habitat Present: No NCNHP records indicate no documented occurrences of rough-leaved loosestrife within 3.0 miles of the project site (NCNHP 2006). No suitable habitat for rough-leaved loosestrife was identified in the project site. Therefore, this project should have no effect on rough-leaved loosestrife. BIOLOGICAL CONCLUSION: No Effect Seabeach amaranth -Seabeach amaranth is an annual that grows from seeds germinating from April through July. The plant is succulent, sprawling or trailing, and may reach 2 ft in length. Its leaves are succulent, rounded with an indented tip, and are clustered near the ends of the stems (USFWS 1996). Inconspicuous flowers and fruits are produced in the leaf axils, typically beginning in July until frost. This species occurs on barrier island beaches where its primary habitat consists of overwash flats at accreting ends of islands, and lower foredunes and upper strands of noneroding beaches. Seabeach amaranth appears to be intolerant of competition and does not occur on well-vegetated sites. The only remaining large populations of Seabeach amaranth are in coastal North Carolina (USFWS 1996). Habitat Present: No NCNHP records indicate no documented occurrences of Seabeach amaranth within 3.0 miles of the project site (NCNHP 2006). The project area does not extend to any barrier island beaches, the preferred habitat of the seabeach amaranth. Therefore, this project should have no effect on seabeach amaranth. BIOLOGICAL CONCLUSION: No Effect Preliminary Cultural Resource Assessment ESI submitted a letter to Mr. Peter Sandbeck of the State Historic Preservation Office (SHPO) on 18 August 2006 requesting information regarding any known archaeological or cultural resources within the project study area. No reply has been received as of the date of this submittal. ESI will forward the reply from SHPO to PEC immediately upon receipt. 8 ENVIRONMENTAL SERVICES, INC. Summary ESI identified and one (1) stream within the project study area. Impacts to the jurisdictional stream channel should be avoided and minimized as much as practicable. Federal and state permits may be required for this project only if a regulated discharge is anticipated or proposed within the limits of "Waters of the United States." The project study area contains potential and/or suitable habitat for the following species: American alligator, bald eagle, shortnose sturgeon, and West Indian manatee. Species-specific surveys are recommended for bald eagle prior to construction. ESI will conduct this survey during September and report the results to PEC. 9 ENVIRONMENTAL SERVICES, INC. REFERENCES Cowardin, L.M., V. Carter, F.C. Goblet, and E.T. Laroe. 1979. Classification of Wetland and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, USFWS/OBS 79/31. U.S. Department of Interior. 131 pp. [CPC] The Center for Plant Conservation. CPC National Collection Plant Profile. Cartex lutea. <www.centerforplantconservation.orQ> accessed June 2006. Dyer, R.W., A. Hecht, C. Raithel, K. Terwilliger, and S. Melvin. 1987. Draft Atlantic Coast Piping Plover Recovery Plan. Prepared for the Atlantic Coast Piping Plover RecoveryTeam for Region 5, Fish and Wildlife Service, U.S. Department of the Interior. 13 pp. Gilbert, C.R. 1989. Species Profiles: Life Histories and Environmental Requirements of Coastal Fishes and Invertebrates (Mid-Atlantic Bight)--Atlantic and Shortnose Sturgeons. Fish and Wildlife Service Biological Report 82(11.122). U.S. Department of the Army Corps of Engineers TR EL-82-4. 28 pp. Golder, W.W. and J.F. Parnell. March 1987. The shorebird no one sees. Wildlife in North Carolina 51(3): 22-23. 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. Kral, R. 1983. A Report on Some Rare, Threatened, or Endangered Forest-related Vascular Plants of the South. U.S. Department of Agriculture, Forest Service, Technical Publication R8J-TP 2. 1305 pp. Martof, B.S., W.M.Palmer, J.R. Bailey, and J.R. Harrison, III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. The University of North Carolina Press, Chapel Hill, NC. 264 pp. [NCDCM] North Carolina Division of Coastal Management. 2002. CAMA Handbook for Development in Coastal North Carolina. Internet Address: dcm2.enr.state.nc.us [NCDENR] North Carolina Department of Environmental and Natural Resources. 2006. Accessed Apri12006. http://h20.env.state.nc.us/bims. [NCNHP] N. C. Natural Heritage Program. 2006. Records review for documented occurrences of federally-listed and state-listed species within 3.0 miles of the project corridor. 16 August 2006. Palmer, W.M. and A.L. Braswell. 1995. Reptiles of North Carolina. The University of North Carolina Press, Chapel Hill, NC for the N.C. State Museum of Natural Sciences. 412 pp. 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. Radford, A.E., H.E. Ahles, and C.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill. 1183 pp. [USDA] U.S. Department of Agriculture. 1990. Soil Survey of Pender County, North Carolina. U.S. Department of Agriculture. 150 pp + maps. [USFWS] U. S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. U.S. Department of the Interior, Fish and Wildlife Service. 8 pp. 10 ENVIRONMENTAL SERVICES, INC. [USFWS] U. S. Fish and Wildlife Service. 1992. Endangered and Threatened Species of Southeastern United States (The Red Book). U.S. Department of the Interior, Southeast Region, Atlanta, Georgia. [USFWS] U. S. Fish and Wildlife Service. 1993. West Indian Manatee: Trichechus manatus [Linnaeus]. In: Endangered and Threatened Species of the Southeastern United States (The Red Book). U.S. Department of the Interior, Fish and Wildlife Service, Southeastern Region, Atlanta, GA. 6 pp. [USFWS] U. S. Fish and Wildlife Service. 1994. Cooley's Meadowrue Recovery Plan. U.S. Department of the Interior, Fish and Wildlife Service, Atlanta, GA. 29 pp. [USFWS] U.S. Fish and Wildlife Service. 1995. Rough-leaved Loosestrife Recovery Plan. Atlanta, GA. 32 pp. [USFWS] U. S. Fish and Wildlife Service. 1996. Recovery plan for the Seabeach Amaranth (Amaranthus pumilus) Rafinesque. Atlanta, GA. [USFWS] U. S. Fish and Wildlife Service. 2002. Golden Sedge Recovery Plan. U.S. Department of The Interior, Fish and Wildlife Service. Federal Register Online via GPO Access <wais.access.gpo.gov> 14 pp. [USFWS] U. S. Fish and Wildlife Service. 2003. Recovery plan for the red-cockaded Woodpecker (Picoides borealis): second revision. U.S. Department of the Interior, U.S. Fish and Wildlife Service, Atlanta, GA. 296 pp. [USFWS] U.S. Fish and Wildlife Service. 2006. Endangered, Threatened, and Candidate Species and Federal Species of Concern, by County, in North Carolina: Scotland County. 8 March 2006. [USGS] U.S. Geological Survey. 1981. Wallace East, NC, 7.5-Minute Topographic Quadrangle. 11 -L-~- - - - - ~_ _. ~ r - ~ ~_ _ ,.,_ -- . --- ~ ~ ~ ,'. `,~ .~ f ;; ~~~ t, ;,r ~i - - _ - II ~ ~~ ~~~~ 4 ~:~ /, i ~~t .~. ~ ~~ - r - - - - _. J W77 55 513' i ,I ,"` ~~~-r~J ~ j I -~. - ~ ~'_ ~ .,~\~ ~ `;, ~~; ,, ~ ~,~ 7 ~~;~ i ~` ~ \~.. ." ,,~ .,l ~ ~~, ~~ >> -~ ~~ 4 ,, ~ -_ " - - ..._ -J-_ - _ __ fir. 7~y., -- j"~ - ~ ' l _ . ~- ~r i ~ ~ ~~~~r" ~^r"" ff P • l ,~ -- Project Centerline' ', ~~m ~., \, ,r ~~' - ._ -Project Corridor'`' • r~,%~" '+l ~~i' -PEN~ER _ 'Location and extent is approximate. ~ ti ~ ~" "Final Cleared ROW limits may be ; - less than depicted study corridor. I ~ :`~ - ,- s_ o soo 1000 1' ~. ,. '1 + ~ r,-1 Feet ~ ! y Jt' 1 inch equals 1,000 feet r./~~ _ ~ ; -~; ~~ Disclaimer: Information represented on this map was Progress Energy Source: USGS Digital Raster Graphic, Fieldwork and GraphiCS by derived from secondary data sources and is to be used Wallace East Quadrangle, 1979. Environmental Services, Inc. for general layout Dory. No warranties or representations of accuracy are expressed a implied. ENVIRONMENTAL Project Location Project: ER06039.08 SERVICES,INC. NOrtlleaSt Cafe Fear RIVer CrOSSing Date: Sep 2006 524 S. New Hope Road wT Raleigh, North Carolina 276,0 1V Wetland and Stream Identification Drwn/Chkd: AJS/LC (919) 212-,760 ^ (919)2,2-1707 FAX Pender County, North Carolina Figure: 1 www. environmentalservicesirrc. com 9GeoGra\Projecls\2006\039\O8~Location.dwg, 9!/2006,:57:22 PM Land Survey®rs, En~ineer~, Land planners September 28, 2006 Re: Progress Energy North East River Crossing A certain tract or parcel of land lying and being in Union Township, Pender County, North Carolina and being a river crossing between the property of Pender County (book 1862 page 333) on the west and James Mun-ay and Dorothy C. Murray (book 2928 page 184) on the east, and being more particularly described as follows: Beginning at an iron on the eastern bai~ic of the North East Cape Fear River, said iron is located N 24-01-27 W 16.71 ft. from a disturbed monument by an old marked tree, said monument being the southeastern comer of the Pender County tract, said iron is also located S 49-44-11 E 515.29 ft.:from an iron at the intersection of the centerlines of Doug Street (60 ft. right of way, Soil Road) and Ron Street (SO ft. right of way, Soil Road): Proceed from said point of begim~ing N 83-14-09 E 123.18 ft. to an iron on the eastern bank of the North East Cape Fear River and on the property line of said Murray Tract. All bearing are Magnetic relative to book 1862 page 333 O//C -~~~/L~~=fi oat°~~'o~i/~l'~gea0® Jonathan L. Wayne PLS 3391 O'Q~•~FESS~pyC~~js`>o 11634 Crossing ~ SEAL g L-3391 e® «~ y~ •• •°'•~~0a ®~~q~aAAIV' ~.. ®e~oao 319 9/Ualnu$ S$reeY Vdlrlrningt®n, AI.C. 2840f (9i®) 343-~0®2 ~ S~ :', E .' 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