20201403 Ver 1_USFWS Consultation_Line 473_20201113

BURNS �MSD0NNELL
February 17, 2020
Pete Benjamin
North Carolina Field Supervisor
U.S. Fish and Wildlife Service
Raleigh Ecological Field Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Subject: Request for Concurrence — USFWS IPaC Consultation Code: 04EN2000-2020-SLI-0596
PIEDMONT NATURAL GAS
LINE 473 PROJECT, JOHNSTON COUNTY, INC
Dear Mr. Benjamin,
Piedmont Natural Gas (PNG), a subsidiary of Duke Energy, proposes installation of approximately 1.4
miles of pipeline from Line 94 towards Clayton City Gate #2 Regulation Station on NC Highway 42 in
Clayton, North Carolina, herein referred to as Line 473 (Project). (Attachment 1). A new station with a
launcher and main line valve will be installed on the south end of Line 473 near Line 94. A new regulator
station, named the Flowers Plantation Regulator Station, will be installed on the north end on NC
Highway 42. The Project study area is approximately 32 acres and consists primarily of undeveloped
forested land, cleared land for agricultural purposes, and a utility easement (Attachment 2).
The purpose of the Project will be to continue to provide reliable service to its existing and future
customers in the greater Clayton Area. The target date for construction to begin is June 2020.
This letter represents PNG's informal consultation with the U.S. Fish and Wildlife (USFWS) Section 7(c) of
the Endangered Species Act (ESA) of 1973, The Migratory Bird Treaty Act (MBTA) of 1918, as amended
(16 U.S.C. 703 et seq.), and the Bald and Golden Eagle Protection Act (BGEPA) of 1940, as amended (16t
U.S.C. 688-688d). PNG is providing the following information below for the USFWS review.
Methods
This letter was prepared in response to USFWS Information for Planning and Consultation (IPaC) result
letter (Attachment 3) sent to PNG on February 4, 2020 regarding special status species that may occur
within the Project area (Consultation Code: 04EN2000-2020-SLI-0596, Event Code: 04EN2000-2020-E-
01340). In response to USFWS's initial feedback, PNG assessed whether the proposed project had
potential to affect ESA species (i.e., ESA listed, proposed and candidate species), bald eagles (Haliaeetus
leucocephalus), golden eagles (Aquila chrysaetos), and migratory birds (including raptor species), and
associated habitat within the Project area.

BURNS �MSD0NNELL
Protected Species Desktop Review
Correspondence from the USFWS, provided in Attachment 3, states the Project area is not within
proposed or designated critical habitat and that seven ESA species, not including migratory birds have
the potential to occur in the Project area.
• Red -cockaded Woodpecker (Picoides borealis)
• Neuse River Waterdog (Necturus lewisi)
• Carolina Madtom (Noturus furiosus)
• Atlantic Pigtoe (Fusconaia masoni)
• Dwarf Wedgemussel (Alasmidonta heterodon)
• Yellow Lance (Elliptio lanceolate)
• Michaux's sumac (Rhus michauxii)
Protected Species Findings for the Proposed Project Area
On October 3, 2019, qualified biologists conducted a pedestrian survey at the Project area to assess
habitat conditions and survey for evidence or direct observations of protected species.
During the site visit, two stream features and three wetland areas were delineated within the survey
area. A total of 0.875 [0.762 acre of palustrine forested wetland (PFO); 0.112 acre of palustrine
emergent wetland (PEM)] acre of wetland and approximately 92 feet of intermittent stream were
delineated.
Two small streams within the Project area are classified as intermittent and would not provide suitable
aquatic habitat to support the following listed species: Neuse river waterdog, Carolina madtom, Atlantic
pigtoe, dwarf wedgemussel, and yellow lance. Therefore, adverse effects to species requiring aquatic
habitats are not anticipated.
Red -cockaded woodpecker (RCW) habitat consists of large stands of mature pine and pine/hardwood
forests. Foraging typically occurs in the large, older trees within the large stands of long -leaf pine (Pinus
palustris) forests. RCW nesting typically occurs in mature live pine trees, generally over 80 years old. A
typical territory for an RCW group ranges from approximately 125 acres to 200 acres. Approximately 80
percent of the Project area is comprised of mixed oak -hickory -and pine species. Forested areas within
the Project study area are adjacent to busy highways and consist primarily of younger growth trees
(approximately 10-30 years old). RCW or suitable habitat for RCW was not observed during site
investigations. It is unlikely the forested area within, and adjacent to, the Project area provides suitable
nesting or foraging habitat due to proximity to existing highways and lack of mature growth tree stands.
Therefore, the Project is not likely to adversely affect the RCW or RCW habitat.
Michaux's sumac typically inhabits areas in sandy or rocky open wooded areas. Michaux's sumac is often
found in areas where some form of disturbance has occurred such as roadsides, right-of-ways, edges of
and artificially maintained clearings. Although the Project area does provide potential habitat for
Michaux's sumac, site investigations did not identify Michaux's sumac within or near the Project area.
Therefore, the Project is not likely to adversely affect Michaux's sumac.

BURNS �MSD0NNELL
Based on the information provided, PNG believes this project will have "no effect" on ESA listed or
proposed species, their habitats, or proposed designated critical habitat. PNG requests any comments or
concurrence on the finding within 30 days. If you have any questions or feedback regarding this
proposed Project, please contact Jesse Brown at 770-510-4526 or [e-mail] with
question or comments.
Respectfully,
Attachments: 1. Project Location on a Topographic Map
2. Project Area on Aerial Photography
3. USFWS IPaC Letter

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United States Department of the Interior AWMWT
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: February 04, 2020
Consultation Code: 04EN2000-2020-SLI-0596
Event Code: 04EN2000-2020-E-01340
Project Name: PNG Line 473
Subject: 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

02/04/2020 Event Code: 04EN2000-2020-E-01340
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.gov/migratory birds/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 at [e-mail].

02/04/2020 Event Code: 04EN2000-2020-E-01340
Attachment(s):
• Official Species List

02/04/2020 Event Code: 04EN2000-2020-E-01340
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
[phone]

02/04/2020 Event Code: 04EN2000-2020-E-01340 2
Project Summary
Consultation Code: 04EN2000-2020-SLI-0596
Event Code: 04EN2000-2020-E-01340
Project Name: PNG Line 473
Project Type: OIL OR GAS
Project Description: Proposed Installation of approximately 1.4 miles of pipeline
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/35.63543069193129N78.43892874836175W
��2JVt811
Counties: Johnston, NC

02/04/2020 Event Code: 04EN2000-2020-E-01340 3
Endangered Species Act Species
There is a total of 7 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
Amphibians
NAME
Neuse River Waterdog Necturus lewisi
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6772
Fishes
NAME
STATUS
Endangered
STATUS
Proposed
Threatened
STATUS
Carolina Madtom Noturus furiosus Proposed
There is proposed critical habitat for this species. Your location is outside the critical habitat. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/528

02/04/2020 Event Code: 04EN2000-2020-E-01340
4
Clams
NAME STATUS
Atlantic Pigtoe Fusconaia masoni Proposed
There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened
Species profile: https:Hecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/784
Yellow Lance Elliptio lanceolata Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/4511
Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
551-F Pylon Drive
Raleigh, North Carolina 27606
March 30, 2020
Jesse Brown
Burns & McDonnell
3650 Mansell Road, Suite 300
Alpharetta, GA 30022
Re: PNG Line 473 —Johnston County
Dear Mr. Brown:
This letter is to inform you that the Service has established an on-line project planning and
consultation process which assists developers and consultants in determining whether a
federally -listed species or designated critical habitat may be affected by aproposed project. For
future projects, please visit the Raleigh Field Office's project planning website at
htti)s://www.fws.gov/raleigh/pp.html. If you are only searching for a list of species that may be
present in the project's Action Area, then you may use the Service's Information, Planning, and
Consultation System (IPaC) website to determine if any listed, proposed, or candidate species
may be present in the Action Area and generate a species list. The IPaC website may be viewed
at htti)s://ecos.fws.gov/ii)ac/. The IPaC web site contains a complete and frequently updated list
of all endangered and threatened species protected by the provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern' that
are known to occur in each county in North Carolina, and other resources.
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
'The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation
does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or
threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse
impacts to federal species of concern.

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.
With regard to the above -referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any 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.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down -gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.

We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact John Ellis of this office at
[phone] ext. 26.
Sincerely,
ete B enj amin
Field Supervisor