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HomeMy WebLinkAbout20210036 Ver 1_James_USFWS_20210205_20210205F)� hdrinc.com February 5, 2021 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Subject: James 44kV Transmission Line Rebuild Project Burke County, North Carolina Dear Mr. Hamstead HDR, on behalf of our clients Duke Energy Carolinas, LLC (Duke Energy), requests review and comment on potential impacts to threatened and endangered species that may result from construction activities associated with the James 44kV Transmission Line Rebuild Project (Project) located in Burke County, North Carolina (Figures 1 and 2). Duke Energy Carolinas, LLC (Duke Energy) is proposing to rebuild 5 miles of the existing James 44kV Transmission Line corridor (Line Index 4131277) located between Morganton and Lake James, North Carolina. The proposed Project will require a 401 Water Quality Certification 4133 and the impacts will be authorized under the Nationwide Permitting program, Nationwide Permit Number 57, and the Wilmington District's Regional Conditions. Duke Energy proposes to install a 20-feet long by 5-feet in diameter culvert in Stream 8. Duke Energy proposes to use temporary composite matting in Wetland 1 resulting in 0.02 acre of temporary impacts. The Study Area consists of an approximately 64-acres site comprised of maintained overhead transmission line right-of-way (Figure 3 and 4). Land use in the vicinity of the proposed Project consists of residential, industrial, commercial, agriculture, and undeveloped forested lands. Updated species lists for Burke County (https://www.fws.gov/raleigh/species/cntylist/burke.html) was obtained from the U.S. Fish and Wildlife Service (USFWS) website (last updated on December 14, 2020). A summary of federally protected species in Burke County is provided in Table 1. 440 S Church Street, Suites 900 & 1000, Charlotte, NC 28202-2075 (704)338-6700 James 44kV Transmission Line Rebuild Project February 4, 2021 Page 2 Table 1. Federally Protected Species for Burke County, North Carolina Vertebrates Bald eagle Haliaeetus leucocephalus Bog turtle Glyptemys muhlenbergii Northern long-eared bat Myotis septentrionalis Vascular Plants Dwarf -flowered heartleaf Hexastylis naniflora Heller's blazing star Liatris helled Mountain golden heather Hudsonia montana Small whorled pogonia Isotria medeoloides White irisette Sisyrinchium dichotomum Lichens Rock gnome lichen Gymnoderma lineare BGEPA Current T (S/A) Current T Current T Current T Current T Current T Current E Current E Current E = Endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. BGEPA =Bald and Golden Eagle Protection Act. Current = the species has been observed in the county within the last 50 years. The USFWS Information for Planning and Consultation (IPaC) database was queried for the Project Area. The IPaC database revealed that no critical habitat for the species in Table 1 was located within the Study Area. Migratory bird presence was included in the query. The database revealed the red-headed woodpecker (Melanerpes erythrocephalus) as a Bird of Conservation Concern (BCC). Bald eagle (Haliaeetus leucocephalus) was returned in the query due to the Bald and Golden Eagle Protection Act and is not a BCC. IPaC also showed that no National Wildlife Refuge lands or fish hatcheries are located in the Study Area. The USFWS's Critical Habitat GIS shapefiles were reviewed and a query of the North Carolina Natural Heritage Program's (NCNHP) Data Explorer database for protected species distribution and proximity to the Project Area was conducted (see attached Project Report [NCNHDE-10133]). The NCNHP Project Report summarizes occurrences of federally and state -protected species, critical habitat, and managed areas that have been documented within a one -mile radius of the Project Area. The NCNHP Data Explorer query revealed that two occurrences of a federally protected species dwarf -flowered heartleaf (Hexastylis naniflora) have been documented within the Study Area and six occurrences within one -mile radius of the Study Area. The query also revealed no natural areas and seven managed areas within one mile of the Study Area. HDR biologists consulted available reference materials and conducted on -site surveys on September 21stand 22 nd, 2020, and November 30th, 2020. No habitat or individuals of dwarf - flowered heartleaf were found within the Study Area. The field survey revealed that Suitable habitat for dwarf -flowered heartleaf exists adjacent to the Study Area as well as habitat for bog James 44kV Transmission Line Rebuild Project February 4, 2021 Page 3 turtle, white irisette, and foraging habitat for bald eagle within the Study Area. No protected species were observed during the field surveys. We respectfully request that you review the Project Area and the attached information to determine if there may be any adverse impacts to federally protected species. If you have any questions or require additional information after your review of the enclosed materials, please contact me at (814) 449-7827 or Anthony. nardo(a-)hdrinc.com. Respectfully, Tony Nardo Environmental Scientist Attachments: Site Photographs Figure 1. Project Location Figure 2. USGS Topographic Quad maps Figure 3. Soils Map Figure 4. Aerial Map IPaC Report NCNHP Project Report cc: James Shapard — HDR Jeff Goto, P.E. — Duke Energy Carolinas, LLC James 44kV Transmission Line Rebuild Project February 4, 2021 Page 4 James 44kV Transmission Line Rebuild Project February 4, 2021 Page 5 Photograph 3 — View of Study Area Looking West Photograph 4 — View of Study Area Looking East James 44kV Transmission Line Rebuild Project February 4, 2021 Page 6 d, i Y �S rFwS �ry'kh �� Hwy Y i Photograph 5 — View of Study Area Looking East r ; r � k Photograph 6 — View of Study Area Looking East LEGEND dl Study AreaI,T DATA SOURCE: Esri, OpenStreetMap contributors, and the GIS User Community Iwww m hA � 0 Miles 0.5 W AV m` ladD-* - o 4,0 f s s �Q 640 Law r � ' y �D 7-1Croe* $ v r dP Co _ _ _ Induyl / 8cvd� ��Dairy9 Glen Alpine d c 1N Bivd �4 Carbon C'��i pixt�_ . Odd Catawba R! mr t �� r � I , t A0 • t Little - / Crete - Burke County ��`' 1 - ' 40l ,r NC 3 ,� I a c '• �`�� o �.t 2d. Study Area 4. Sources: Esri, HERE, Garmin, Intermap, inc�rre.!m t P Corp., GEBCO, USGS, FAO; NPS, NRCAN,'GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpetietMap contributors, and the GIS User Community X DI JAMES 44kV TRANSMISSION LINE RE -BUILD PROJECT DUKE PROJECT VICINITY ENERGY® FIGURE 1 PATH: IICLT-SRV021GISIPROJECTSIOUKE_ENERGY110251020_JAMES_"KV_LINE-REBUIL017.2_WIPIMAP_OOCSIMXOIPCN101_PROJVIC.MXO - USER: ANAR00 - DAM 21112021 PRE -CONSTRUCTION NOTIFICATION LEGEND a' r� Study Area USGS Quadrangles I DATA SOURCE: USGS Topo Quadrangles: Glen Alpine, NC (1993), USATopo Maps GIS Service (2019) m 0 Feet 2,000 1 / `�� : \ - 1� 11 - / / tl 4'p • • • / / v A_ ,r,q Ii 1 l C . l I ` / • ,H , • / � rr 11 u` NJ. - i , `��_ �tJ. / �'� n u I `• `J \tea " �; `:. 1 a u �I OAK HILL o, / iy — —\\ �� e� J01 /0 (JI �" QUADRANGLE MORGANTON NORTH o rr' •,I. `�1,' °�, ,oQUADRANGLE1174 1 I r 1t r �, v iA 7� ff Vt AL ,\ 140 T,�• Outset G�l ow 1200 ♦//J �� -➢ ,�/i \, l� �� q i �t //�/J�J'''� r:--�'-- /� � `\ a /// tI+ _IV j X /2S0 > t�� I - - t246. ''., _� --- / / /^4I / /mil •, eN SOUTH; 0- ;`QUADRANGLE' 1 �' _-_- �� MORGANTO i oen 1�QUADRANGLE'S ��- r _ f . , O -- _ 1 0 't •' \ `\ ai y._- _. ._1rb'�' M � - � � .J � , '"t: ����!`��,"r�r�. ' . �.-- -- ��� �- _��, ,+ ' l Talc rzcs x,1106 .�'��� �. - _1 l BM t r `tea fi't \• 1 5t-`� / �' - -,77 - �V x .i :x/1 a x Parkh �( xl JAMES 44kV TRANSMISSION LINE RE -BUILD PROJECT F)j ('DUKE USGS TOPOGRAPHIC QUADRANGLES ENERGY: FIGURE 2 PATH:IICLT-SRV021GISIPROJECTSIDUKE_ENERGY110251020_JAMES_"KV_LINE_REBUILD17.2_WIPIMAP_DOCSIMXDIPCNI00TOPO.MXD - USER:ANARDO - DAM 21112021 PRE -CONSTRUCTION NOTIFICATION RhD FaC2 RhE AaA WoFaC2 FaC2 RhE RhE RhD FaC2 , RhD v LEGEND W ± ' C2; RhE RhD UnC Study Area FaD2 RhE '" FaD2 CvA Ud RhE Soil Map Unit Hydric Rating (1 - 32%) Wo02 FaD2 ROE BOB wHydric Rating (66 - 99%) FaD2 ROE DATA SOURCE: NRCS Soil Survey of Burke County, NC (2019); Bing Hybrid Aerial Imagery WOC21 CVA CVA m FaC2 CVA RhE 0 Feet 1,000 UnB UnB FaD2 WoC2 RhE WoC2 Fa ROE RhD WoC2 FaC2 Ud AaA UnC WoD2 A a BOB AaA UnB BOB .s CvA FaC2 DaB` _ ROE UnB BOB RhE RhE CvA r r .:aC2 FaD2 CvA UnC BOB BOB RhE UnC Rh a 016 B BVB UnB Z. _ On -Site Soils CvA HaA CvA BoB — Biltmore loamy sand, 0 to 5 percent slopes, occasionally flooded BvB — Brevard fine sandy loam, 1 to 6 percent slopes, rarely flooded BOB w 4000 CvA — Colvard sandy loam, 0 to 3 percent slopes, occasionally flooded FaB2 — Fairview sandy clay loam, 2 to 8 percent slopes, moderately eroded CvA BOB W FaC2 — Fairview sandy clay loam, 8 to 15 percent slopes, moderately eroded FaD2 — Fairview sandy clay loam, 15 to 25 percent slopes, moderately eroded MoE BOB RhD — Rhodhiss sandy loam, 15 to 25 percent slopes RhE — Rhodhiss sandy loam, 25 to 45 percent slopes RoE — Rhodhiss-Bannertown complex, 25 to 50 percent slopes Ud — Udorthents, loamy �.q-ur WoC2 UnB — Unison fine sandy loam, 2 to 8 percent slopes WoC2 WE MeD UnC — Unison fine sandy loam, 8 to 15 percent slopes MeD RhD FaC2 WoC2 — Woolwine-Fairview complex, 8 to 15 percent slopes, moderately eroded WoC2 FaC2 WoD2 — Woolwine-Fairview complex, 15 to 25 percent slopes, moderately eroded GVA WoC2 JAMES 44kV TRANSMISSION LINE RE -BUILD PROJECT �(' ENERGY DUKE NRCS SOIL SURVEY OF BURKE COUNTY, NC FIGURE 3 PAGE 1 OF 2 PATH:%%CLT-SRV021GIS%PROJECTS%DUKE_ENERGY%10251020_JAMES_"KV_LINE_REBUILD%7.2_WIP%MAP_DOCS%MXD%PCN%04_SOILS.MXD - USER: ANARDO - DATE: 21112021 PRE -CONSTRUCTION NOTIFICATION W UnC CvA F)j & DUKE ENERGY, FaC; Alpire PATH:%%CLT-SRV021GIS%PROJECTS%DUKE_ENERGY%10251020_JAMES_"KV_LINE_REBUILD%7.2_WIP%MAP_DOCS%MXD%PCN%04_SOILS.MXD - USER: ANAR00 - DAM 21112021 UnC UnC UnC - Rhemw F_ UnB FaD2 BOB UnB WoC2 AaA RhE CvA BOB E Study Area Soil Map Unit Hydric Rating (1 - 32%) � C'w14aj PIA Hydric Rating (66 - 99%) DATA SOURCE: NRCS Soil Survey of Burke County, NC (2019), Bing Hybrid Aerial Imagery m 0 Feet 1,000 CvA BOB aC2 70 On -Site Soils BOB — Biltmore loamy sand, 0 to 5 percent slopes, occasionally flooded BvB — Brevard fine sandy loam, 1 to 6 percent slopes, rarely flooded CvA — Colvard sandy loam, 0 to 3 percent slopes, occasionally flooded FaB2 — Fairview sandy clay loam, 2 to 8 percent slopes, moderately eroded FaC2 — Fairview sandy clay loam, 8 to 15 percent slopes, moderately eroded FaD2 — Fairview sandy clay loam, 15 to 25 percent slopes, moderately eroded RhD — Rhodhiss sandy loam, 15 to 25 percent slopes RhE — Rhodhiss sandy loam, 25 to 45 percent slopes ROE — Rhodhiss-Bannertown complex, 25 to 50 percent slopes Ud — Udorthents, loamy UnB — Unison fine sandy loam, 2 to 8 percent slopes UnC — Unison fine sandy loam, 8 to 15 percent slopes 2 WoC2 — Woolwine-Fairview complex, 8 to 15 percent slopes, moderately eroded WoD2 — Woolwine-Fairview complex, 15 to 25 percent slopes, moderately eroded rauc JAMES 44kV TRANSMISSION LINE RE —BUILD PROJECT NRCS SOIL SURVEY OF BURKE COUNTY, NC FIGURE 3 PAGE 1 OF 2 PRE -CONSTRUCTION NOTIFICATION T t .r q%� a . \QoocWi/l Hollow itd m dry / o� P I e 0 • L ♦ O 9 rG •� T 1 � 5 3 L � , FRS Y` d�l �. OK.emO45e N r Y •d BRIDGEWATER HYD TO BREEDEN SW col A� �P.oN,erhO('Se rH ------------ LEGEND Study Area F I Duke Energy El Substation 1+ Duke Energy Transmission Line m Cdtdw s .i ■ s - Aerial Imagery o yR�1�Dr' 'r" i ba River Catawba Q o` ^halls � - ' + • �'�l Riverside Ct - ` 1 Feet 111 ti.. t . _ �1 01 O a • sec m Q A 1gMspry . •, P m� ,l dt Dr-NLailAye � � \ dh, .��.. f '.bd .. s oi S Lail Ave4.1 •r �;' a �' t Linda Way Rd _ - River Breeze Dr River A. 9ve,``•Oi. , ♦ o '^ � � G�eeneCt • � /,_e •1 •'-'�. Qt` Parker St Q Park Or • +� - ■ . �-� set"_'. .r • �o. '`,L �' . y .; / = J - )`y - - z F - ?.- f m ► ,,Irison St r - aRoss St h • • • ' n`i ` • R �_ �' r� p ■ 1 , • � F SUM � • Brignt St Cr! ft •� �yi�� 0 •� '� i of S ?a• a f .-�. - t �� f .rr•-�J a .` �' Pitts St41 St - - ♦ t �•. c, Rice St /Pr ytAv�� .,►(li �_ /9y1 t �� • '1t '_ Linville St -' _•K;�'`tiw_ 'F.' ' -±I P.i' .._ .:.� ` �Ma M! Y `' --� .. r .t- :� 1�• P •lt.�'- • �•� ,',:.'� t. i.. ,• V ".`ill Cemete+I'St ■ (tSZ y psi Iry$t _; _ - -—_SennettEple L n Is i ■ w m Q ��x, mow+•-•y-w--.T, �♦ �T' - y _- ,-N 'm pJ -"A3Z N : ii► Carbon City Rd 4 • ° x QL 5 v F'�•wKeller-A e 4 e ... r,► Ski.. .. '�' `zt _ •a0 lV ... ,__ ..�.- United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/couMfr.html In Reply Refer To: Consultation Code: 04EN1000-2021-SLI-0028 Event Code: 04EN1000-2021-E-00060 Project Name: Duke - James 44 kV e x hSai k 4YYFJiYJft October 09, 2020 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 attached species list 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. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmis/project review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 10/09/2020 Event Code: 04EN1000-2021-E-00060 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists 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 or the AFO website (the AFO website dates each county list with the day of the most recent update/change) 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 or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: h=.// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, 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 additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) 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; 10/09/2020 Event Code: 04EN1000-2021-E-00060 3 http://www.towerkill.com; andhttp://www.fws.gov/migrator3birds/CurrentBirdlssues/Hazards/ towers/comtow.html. 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. Attachment(s): • Official Species List • Migratory Birds • Wetlands 10/09/2020 Event Code: 04EN1000-2021-E-00060 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: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 10/09/2020 Event Code: 04EN1000-2021-E-00060 2 Project Summary Consultation Code: 04EN1000-2021-SLI-0028 Event Code: 04EN1000-2021-E-00060 Project Name: Duke - James 44 kV Project Type: TRANSMISSION LINE Project Description: A rebuild of the Duke James 44kV transmission line in Burke County. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/35.73734146683515N81.8237932864194W Irmo %rk Counties: Burke, NC 10/09/2020 Event Code: 04EN1000-2021-E-00060 3 Endangered Species Act Species There is a total of 8 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. Mammals NAM L STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Reptiles NAME STATUS Bog Turtle Clemmys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https:Hecos.fws.gov/ecp/species/6962 10/09/2020 Event Code: 04EN1000-2021-E-00060 Flowering Plants NAME STATUS Dwarf -flowered Heartleaf Hexastylis nani flora Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2458 Heller's Blazingstar Liatris helleri Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5962 Mountain Golden Heather Hudsonia montana Threatened There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/131 Small Whorled Pogonia Isotria medeoloides Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1890 White Irisette Sisyrinchium dichotomum Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/8097 Lichens NAME STATUS Rock Gnome Lichen Gymnoderma lineare Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3933 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 0 10/09/2020 Event Code: 04EN1000-2021-E-00060 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. 10/09/2020 Event Code: 04EN1000-2021-E-00060 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ') Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe 10/09/2020 Event Code: 04EN1000-2021-E-00060 3 Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC Vulnerable on 11111111 Bill 1111 Red-headed Woodpecker BCC Rangewide (COI) Additional information can be found using the following links: Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.DhD • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws. ov/mi rato bry irds/pdf/ management/nationwidestandardconservationmeasures. pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern BCC and other species that may warrant special attention in your project location. 10/09/2020 Event Code: 04EN1000-2021-E-00060 4 The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). 10/09/2020 Event Code: 04EN1000-2021-E-00060 5 Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 10/09/2020 Event Code: 04EN1000-2021-E-00060 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE • R4SBC • R5UBH • R2UBH a ■■N Roy Cooper. Governor 00 i NC DEPARTMENT OF Susi Hamilton, Secretary notan NATUPAL AND CULTURAL RESOURCES E sow Walter Clark, Director, Land and Water Stewardship NCNHDE-13037 October 9. 2020 Jessica Tisdale HDR 555 Fayetteville Street Raleigh, NC 27601 RE. Duke - James 44kV Rebuild Dear Jessica Tisdale. The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butlerLncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 1:1 W. JONES STREET, PALE01_ P<_ 27603 - 16S1 MAIL SERVICE CENTER. RALEiGH. NC 276" OFC !J19 707.9120 • FAX 919.707.4121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Duke - James 44kV Rebuild October 9, 2020 NCNHDE-13037 Element Occurrences Documented Within Project Area axono O ID Scientific Nam Name Last Element Accuracy Federal State Global State Group X Observation Occurrence Status Status Rank Rank JW Date Rank L Crustacean 33278 Cambarus johni Carolina Foothills 1977-10-05 H 3-Medium --- Significantly G3 S3 Crayfish Rare Vascular Plant 38033 Hexastylis naniflora Dwarf -flowered 2017-03-28 BC 2-High Threatened Threatened G3 S3 Heartleaf Vascular Plant 6412 Hexastylis naniflora Dwarf -flowered 2005-05 D 2-High Threatened Threatened G3 S3 Heartleaf No Natural Areas are Documented within the Project Area No Managed Areas Documented within the Project Area Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.org/helr). Data query generated on October 9, 2020; source: NCNHP, Q3 July 2020. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Duke - James 44kV Rebuild October 9, 2020 NCNHDE-13037 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name,N Last Element Accuracy Federal State Global State Group servation Occurrence Status tatus Rank Rank Date a Rank Crustacean 33278 Cambarus johni Carolina Foothills 1977-10-05 H 3-Medium --- Significantly G3 S3 Crayfish Rare Dragonfly or 35163 Boyeria grafiana Ocellated Darner 2014-05-13 E 4-Low --- Significantly G5 S2? Damselfly Rare Freshwater Fish32440 Carpiodes sp. cf. "Carolina" Quillback 2007-03-30 E 3-Medium --- Significantly GNP S2 cyprinus Rare Vascular Plant 38033 Hexastylis naniflora Dwarf -flowered 2017-03-28 BC 2-High Threatened Threatened G3 S3 Heartleaf Vascular Plant 22281 Hexastylis naniflora Dwarf -flowered 2017-03-28 CD 2-High Threatened Threatened G3 S3 Heartleaf Vascular Plant 22283 Hexastylis naniflora Dwarf -flowered 2017-03-28 BC 1-Very Threatened Threatened G3 S3 Heartleaf High Vascular Plant 22282 Hexastylis naniflora Dwarf -flowered 2006-10-25 X 2-High Threatened Threatened G3 S3 Heartleaf Vascular Plant 22284 Hexastylis naniflora Dwarf -flowered 2017-03-28 A 2-High Threatened Threatened G3 S3 Heartleaf Vascular Plant 6412 Hexastylis naniflora Dwarf -flowered 2005-05 D 2-High Threatened Threatened G3 S3 Heartleaf Vascular Plant 38786 Polygala senega Seneca Snakeroot 1965-05-01 H 4-Low --- Significantly G4G5 S2 Rare Disjunct Vascular Plant 14184 Trillium simile Sweet White Trillium 1938-04-15 H 4-Low --- Threatened G3 S2 No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Nam Owner Type Lake James State Park NC DNCR, Division of Parks and Recreation, State Duke Energy Page 3 of 5 Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner wner Type Lake James State Park NC DNCR, Division of Parks and Recreation, State Duke Energy Foothills Conservancy of North Carolina Easement Foothills Conservancy of North Carolina Private NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State Project Fund Lake James State Park Dedicated Nature Preserve NC DNCR, Division of Parks and Recreation State Historic Preservation Foundation of North Carolina Historic Preservation Foundation of North Private Easement Carolina Burke County Open Space Burke County Local Government Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on October 9, 2020; source: NCNHP, Q3 July 2020. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 4 of 5 NCNHDE-13037: Duke - James 44kV Rebuild 2 e$p r �s t -• ` Ch III Fir! V J�J L A + " _. r pow Lake JO.- s � ¢ 241 6 R Ydt 5� „d��ual g�vey 4 L7ar�9� i Glen Alpine wa n ,. ��rcnn raY s�,re Ei r•" � - A ' y y • • �' r U01-Br �s Iv WE 3 ra 3 a S c" October 9, 2020 ❑ Project Boundary ❑ Buffered Project Boundary Managed Area (MAREA) 1:43,387 0 0.375 0-75 1-5 mi 0 0-5 1 2 km Sources: Esri. HERE, Garmin. Ini—p, in—nnenl P Corp., GERCO, USGS, FAO, NPS, NRCAN, C' Elase. IG N, Kadester NL, Ordnance Survey, E swi .Japan. MEYI. Eui China (Hong Korg), (Q) apenKIA eeNAap w.trbutprs, and the GIS User Cu nuniry Page 5 of 5