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HomeMy WebLinkAbout20110555 Ver 1_401 Application_20110611Strickland, Bev From: Homewood, Sue Sent: Thursday, June 09, 2011 3:38 PM To: Dennison, Laurie; Strickland, Bev Subject: courtesy copy Attachments: D00060911-001.tif; Long HopePlans.pdf Can you enter into BIMS please. Sue Homewood NC DENR Winston-Salem Regional Office Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4964 FAX: (336) 771-4630 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. A ADAMS - HEATH ENGINEERING, INC. CIVIL - ENVIRONMENTAL May 31, 2011 Ms. Tasha L. McCormick Regulatory Specialist Asheville Regulatory Field Office US Army Corps of Engineers-Wilmington District 151 Patton .Avenue, Room 208 Asheville, North Carolina 28801 Re: Long Hope Lake Sediment Removal Ashe County, North Carolina Dear Ms. McCormick: JUN 0 6 2"Crr10555 Please find enclosed the original and one copy of the Pre-Construction Notification for the above referenced project. The project involves removing sediment from Long Hope Lake. Per our previous phone conversation, we understand that Nationwide Permit 3 would apply. By copy of this letter, we are also providing courtesy copies of the PCN to NCDENR-DWQ and the North Carolina Wildlife Resources Commission. Long Hope Lake is located in Ashe County near the community of Creston. The lake is approximately 5 acres and is believed to have been constructed 50-60 years ago. The lake was recently inadvertently drained due to a leaking outlet stricture that has since been repaired. While the lake is drained and before refilling, the owners want to remove the sediment that has built up over the years. A private contractor will be hired by the Owner to remove the sediment. Three spoil sites are located within approximately one mile south of the lake. If you have any questions or need more information, please let us know. Sincerely, ADAMS-HIATII ENGINEERING, INC. 41 , k1mk ttj r Kevin Heath, P.E. Cc: Sue Homewood, NCDENR-DWQ 585 Waughtown Street Winston-Salem, NC 27107-2241 North Carolina Wildlife Resources Western Piedmont region Coordinator 3855 Idlewild Road Kernersville, NC 27284-91.80 James Doughton, Long Hope, Inc. 4 p LNR 0 9 2011 f E WA a._ KH/rt TEL: (276) 236-4588 119 NORTH MAIN STREET FAX: (276) 236-0458 GALAX, VIRGINIA 24333 201 10555 V?rFq f oF,wnA . oG 1 0 ti Office Use Only: Corps action ID no. - DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form _ A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the [j Section 404 Permit ? Section 10 Permit Corps: ^ or General Permit (GP) number: 1b. Specify Nationwide Permit (NWP) number: 3 -- 1c. Has the NWP or GP number been verified by the Corps?- es ? No 1d. Type(s) of approval sought from the DWQ (check all that apply): ? 401 Water Quality Certification - Regular ® Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization le. Is this notification solely for the record - For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: jMNo -plyes ® Yes - ? NO --- - 1f. _ - -- -- ----- - Is payment into a mitigation bank or in-lieu fee program proposed for mitigation ? Yes ® No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. l g- Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ? Yes ® No below. 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Long Hope Lake Sediment Removal 2b. County: - a 2c. Nearest municipality / town: Ashe Creston _ a 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state NA ^ _- ^- - JUN 0 9 2011 project no: 3. Owner Information - ?ENR ° nVAt? 3a. Name(s) on Recorded Deed: Long Hope, Inc. star ?a+?ch „- 3b. Deed Book and Page No. Deed Book G-5 Page 0005 3c. Responsible Party (for LLC if James H. Doughton applicable): 3d. Street address: 2724 Cambridge Road 3e. City, state, zip: Raleigh, NC 27608 3f. Telephone no.: 919-669-3706 3g. Fax no.: - -- NA - - - - - 3h. Email address: bdoughton@aacre.com Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) Y 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: Kevin Heath, P.E. - - 5b. Business name (if applicable): Adams-Heath Engineering, Inc. -? 5c. Street address: 119 North Main Street 5d. City, state, zip. Galax, VA 24333 5e. Telephone no.: 276-236-4588 - 5f. Fax no.: 276-236-0458 - 5g, Email address: kheath@adams-heathinc.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification ------ 1a Property identification no. (tax PIN or parcel ID): 03084-033 Latitude: 36.403528 Longitude: - 81.62369 1 b. Site coordinates {in decimal degrees): (DD_DDDDDD) (-DD.DDDDDD) 1c. Property size: 23.5 acres 2. Surface Waters _----- 2a. Name of nearest body of water (stream, river, etc.) to Long Hope Creek, Three Top Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Tr 2c. River basin: _-^ -f- -?- New 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: Lake is currently drained due to leak in outlet structure which has been repaired. The lakebed is now exposed sediment. Owner wants to remove sediment from lake while it is drained. Lake is part of a nature conservancy that maintains Long Hope Creek as a trout fishery. - 3b. List the total estimated acreage of all existing wetlands on the property: 4.9 acre lake 3c. _ List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1100 ft (this includes length of lake) 3d. -! Explain the purpose of the proposed project: Lake is currently drained due to leak in outlet structure which has been repaired. Owner wants to remove sediment from lake before refilling it. 3e. Describe the overall project in detail, including the type of equipment to be used: Long Hope Creek currently meanders thru the lakebed. Excavate temporary stream diversion channel down to bedrock along north shoreline from existing riser structure to lake inlet. Turn stream through the channel to keep water away from the south side of the lakebed. Install temporary construction entrances to lakebed. Temporary seed the exposed lakebed sediments to establish protective vegetation layer. Excavate lakebed sediment using trackhoe and/or excavator & haul w/ dump trucks to spoil sites. At completion of sediment removal, the existing riser outlet structure is to be closed and the lake allowed to refill. 4. Jurisdictional Determinations _ _ 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ® No ? Unknown project (including all prior phases) in the past? Comments: 4b. _ If the Corps made the jurisdictional determination, what type ? preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: - 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a . Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory - 1. Impacts Summary ^ la. Which sections were completed below for your project (check all that apply): ? 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. 2b. 2c. _ 2d. 2e. 2f. Type of jurisdiction Wetland impact number -- Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact other) (acres) DWQ - non-404 Permanent (P) or (if known) , Tem ora T ? Yes ---- .. ? ? Corps ? -- W1 ? P ? T ? No ? DWQ ? Yes ? Corps W2 ? P ? T ? No ? OWQ - ..-_....-- ? Yes ? Corps W3 ? P ? T ? No ? DWQ - ? Yes~- ? Corps W4 ? P ? T ? No ? DWQ ^ ? Yes ? Corps ? T W5 ? P ? No -- - - ? DWQ ----------- - -- - ? Yes ? Corps ? P ? T W6 ? No ? DWQ 2g. Total wetland impacts 2h. Comments: _--- 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. 3b. 3c. Stream impact Type of impact Stream name 3d. Perennial 3e. 3f. Type of jurisdiction Average t 3g. Impact length number - Permanent (P) or (PER) or intermittent ream (Corps - 404, 10 s DWQ - non-404, width (linear Temporary (T) (INT)? _ other) (feet) feet) - S1 ? PST remove sediment from lakebed Long Hope Creek ® PER ? INT ® Corps ? DWQ _ 15 800 ? PER ? Corps S2 ? P ? T ? INT ? DWQ V ? PER ? Corps S3 ? P ? T ? INT ? DWQ - ? PER ? Corps S4 ? P ? T ? INT ? DWQ _ ? PER ? Corps S5 ? P ? T ? INT ? DWQ_ _ T _ ? PER ? Corps S6 ? P ? T ? INT ? D_WQ 3h. Total stream and tributary impacts 3i rnmmP.ntc- Al work is within the lakebed, no other stream impacts Page S of 11 PCN Form - Version 1.3 December 10, 2008 Version 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 individually list all open water impacts below) 4a. 4b. -.v. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary 01 ?P?T 02 ? PEI T J03 ? P ? T - - - - --- ??.?_ -._ - 04 ? P ? T -- 4f. Total open water impacts _____.--._.--------- 4g. Comments: ----- 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. -- 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose _ T - (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P 1' P2 - 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 re uire mitigation, then you MUST fill out Section D of this form. below. if an impacts . 6a. ? Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) impact re wired? ?Yes B1 ?P?T _?_No - - ?Yes B2 ?P?T ? No - ? Yes B3 ? P ? T ? No 6h. Total buffer impacts Ri rnmmantQ- _ - Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. impact Justification and Mitigation 1. Avoidance and Minimization --- 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Propose to minimize sediment impact to stream by diverting through a channel outside of sediment removal area. _ 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. _ Propose to minimize sediment impact to stream by diverting through a channel outside of sediment removal area. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ? Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps _ ? Mitigation bank 2c. If yes, which mitigation option will be used for this ? Payment to in-lieu fee program project? ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type 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: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): _ square feet 4e. Riparian wetland mitigation requested: acres i 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 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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 ® 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. -- - -' Zone 6c. Reason for impact 6d. - Total impact -- Multiplier 6e. 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 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan _ ... _-_- -- -_---- _-_..-----?--- ---- la. Does the project include or is it adjacent to protected riparian buffers identified [J Yes ® No within one of the NC Riparian Buffer Protection Rules? _ -- 1b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Ma""ment Plan _?_- __ - -- - 2a. What is the overall percent imperviousness of this project? - 0% ^ - 2b. Does this project require a Stormwater Management Plan? _ ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project involves removing sediment from the lake so no increase in stormwater volume. Spoil material will be placed at waste sites and vegetated, so no additional stormwater volume. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government Who will be responsible for the review of the Stormwater Management Plan? 2e ? DWQ Stormwater Program . ? DWQ 401 Unit 3. _Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase 11 ? NSW 3b. Which of the following locally-implemented stormwater management programs ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review - ? Coastal counties ? HQW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 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 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an t ? Yes ? No e environmental document pursuant to the requirements of the National or Sta (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. 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 El Yes ? No letter.) Comments: _- - - -- ----. ^Y 2. Violations (DWQ Requirement) -- --- ---- ^ J-__ - _ -__ -_?. 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated d ? Yes ® No s, Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standar or Riparian Buffer Rules (15A NCAC 2B .0200)? _ 2b. Is this an after-the-fact permit application? ? Yes ® 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 a ccordance 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 discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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 ? No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act 0 Yes ® No impacts? - -_- _ ?. ------ --- -- ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Bog turtle is listed for Warrensville quad on the Carolina National Heritage Program Topographic Map Search but we anticipate no impacts. Printout is attached. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? South Atlantic Habitat & Ecosystem Interactive Map 7. Historic or 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 ® 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? USACE link to NC State Historic Preservation Office 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No 8b. If yes, explain how project meets FEMA requirements: Long Hope is an existing lake 8c. What source(s) did you use to make the floodplain determination? f James H. Doughton r- `` / Applicant/Agent's Printed Name ApplicantlAgent's Si n ure ignature is valid only if an authoriza ' letter from the applicant (Agent's Date is provided.} Page 11 of 11 PCN Form - Version 1.3 December 10, 2008 Version TOPOGRAPHIC MAP RECORD SEARCH RESULTS Search, Criteria: [Topo Map Name is like 'warrensville] [Any Scientific Name] [Common Name is like 'bog turtle'] [Any State Rank] [Any Global Rank] [Any Name Category] [Any Protection Status] Records _Returned: [Vertebrate Animal: 1] [Total; 11 Name Scientific _Name State Federal State Global map Category, (click for map) Common, Name Status Status Rank Rank Top_,Map Status_ Vertebrate Glyptemys Animal muhlenbergi Bog Turtle T T(S/A) S2 G3 Warrensville Current Explanation of codes NC_Tapographic,Ma_p Index Results current as of Tuesday, 31 May 2011 @ 07:37:17 EDST NORTH CAROLINA NATURAL HERITAGE PROGRAM DIVISION OF NATURAL RESOURCES PLANNING AND CONSERVATION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 1601 MSC RALEIGH NC 27699-1601 TOPOGRAPHIC MAP RECORD SEARCH RESULTS Search _Criteria.:_ [Topo Map Name is like 'baldwingap] [Any Scientific Name] [Common Name is like 'bog turtle'] [Any State Rank] [Any Global Rank] [Any Name Category] [Any Protection Status] Records _Returned__ [Total: 0) Name Scientific. Name State Federal State Global Topo Map Common Name Category (click for map) Status Status Rank Rank Map Status Explanation of codes NC Topographic Map Index Results current as of Tuesday, 31 May 2011 @ 07:38:05 EDST NORTH CAROLINA NATURAL HERITAGE PROGRAM DIVISION OF NATURAL RESOURCES PLANNING AND CONSERVATION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 1601 MSC RALEIGti NC 27699-1601 U.S. Fish & Wildlife Service Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Ashe County, North Carolina Updated: 09-22-2010 Common Name Scientific name Federal Record Status Status Vertebrate: Allegheny woodrat Neotoma magister FSC Current Appalachian Bewick's wren Thryomanes bewickii altus FSC Historic Appalachian cottontail Sylvilagus obscures FSC Current Bog turtle Clemmys niuhlenbergii T (S/A) Current Golden-winged warbler Vermivora chrysoptera FSC Current Hellbender Cryptobranchus alleganiensis FSC Current Kanawha minnow Phenacobius teretulus FSC Current Pygmy salamander Desmognathus wrighti FSC Historic Red crossbill (Southern Loxia curvirostra FSC Current Appalachian) Invertebrate: Diana fritillary (butterfly) Speyeria liana FSC Current Gammon's stenelmis riffle beetle Stenelrnis gammoni FSC Historic Green floater Lasmigona subviridis FSC Current Grizzled skipper Pyrgus wyandot FSC Current Midget snaketail Ophiogomphus howei FSC Current Regal fritillary (butterfly) Speyeria idalia FSC Historic Vascular Plant: Appalachian oak fern Gymnocarpium appalachianuin FSC Current Bl cc idge_goldemod Solidago spithamaea T Current Bog blue grass Poa paludigena FSC Current Butternut Juglans cinerea FSC Current Cuthbert turtlehead Chelone cuthberth FSC Current Darlington's spurge Euphorbia purpurea FSC Current Gray's lily Lilium grayi FSC Current Gray's saxifrage Saxifraga caroliniana FSC Current l Teller's blazing star Liatris helleri T Current Large-leaved Grass-of- Parnassia grandifolia FSC Current Parnassus Roan inor.intain T luet Hedyotis purpurea var. montana E Current Spreading areas Geum radiatum E Current Swamp pink Helonias bullata T Current Tall larkspur Delphinium exaltatum FSC Current Torrey's Mountain-mint Pycnanthernum torrei FSC Historic Virbin.i?t _spraea Spiraea virginiana T Current Nonvascular Plant: Lichen: Bluff mountain reindeer leichen Cladonia psoromica FSC Current Rock _gnoil c 1ic11en, Gymnoderma lineare E Current Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C1" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. FSC = federal species of concern. A species under consideration for listing, for which there is insufficient information to support listing at this time. These species may or may not be listed in the future, and many of these species were formerly recognized as "C2" candidate species. T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively. Bald andGolden _Eaele Protection Act (BGPA): In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de-listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit b,ttp //www.fws.gotr/nii.gratorvbirds/baldeagle.litm. Threatened due to similaritx of appearance(T(S/A));. In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. Definitions of Record Status: Current - the species has been observed in the county within the last 50 years. Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. Outlet Structure a, Lower End of Lake Long Hope Creek - Just Upstream of Lake Upper Reaches of Lake Bed - Primarily Leaf Litter Proposed Leaf Litter Waste Area - Between Old Road Grade & Stream