20221658 Ver 1_ePCN Application_20221121

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
10/3/2022
BIMS # Assigned* Version#*
20221658 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Holley Snider:eads\hasnider
Information for Initial Review
la. Name of project:
COURTESY COPY Smyrna Bore Project
la. Who is the Primary Contact?*
Jeff Harbour
Reviewing Office*
Wilmington Regional Office - [phone]
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
11/21/2022
Nearest Body of Water
Williston Creek
Basin
White Oak
Water Classification
SA;HQW
Site Coordinates
Latitude: Longitude:
34.786786 -76.51163
A. Processing Information
County (or Counties) where the project is located:
Carteret
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 57 - Electric Utility Line and Telecommunications Activities — (frequently used)
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
Id. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Duke Energy easement
2b. Deed book and page no.:
2c. Contact Person:
Todd Ferry Duke Energy Lead Environmental Specialist
401 Water Quality Certification - Express
Riparian Buffer Authorization
Unknown
Yes No
Yes No

2d. Address
Street Address
1451 Military Cutoff Road
Address Line 2
City State / Province / Region
Wilmington NC
Postal / Zip Code Country
28403 US
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jeff Harbour
4b. Business Name:
Terracon
4c. Address
Street Address
2401 Brentwood Road, Suite 107
Address Line 2
City
Raleigh
Postal / Zip Code
27604
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
US
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Williston
2. Project Identification
2a. Property Identification Number:
2b. Property size:
0.3
2c. Project Address
Street Address
underground crossing of Unnamed Tributary to Williston Creek, west of Hwy 70 near Williston, NC
Address Line 2
City State / Province / Region
Postal / Zip Code Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Williston Creek
3b. Water Resources Classification of nearest receiving water: *
SA;HQW
3c. What river basin(s) is your project located in?*
White Oak
3d. Please provide the 12-digit HUC in which the project is located.
030203010603

4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The project site consists of an existing driveway with an underground distribution line underneath. The driveway has been damaged/washed out by previous storm events exposing the
underground distribution conduit at the driveway breech. The study area is located near Williston and is rural in nature. The area contains both wetlands and waters subject to Section 404
jurisdiction. A full delineation of the project area has been performed with wetland and waters exhibit included with this application. Terracon also prepared a natural and cultural resources
report as part of Duke's due diligence process. That report is also included with this submittal.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.05-acre
4g. List the total estimated linear feet of all existing streams on the property:
35LF perennial
4h. Explain the purpose of the proposed project: *
The project involves the replacement of —400-ft of an existing underground distribution line. The purpose of this project is to improve reliability of electrical service for Duke Energy
customers in this area by reducing the number and duration of power outages. The replacement of the exposed conduit will allow more protection of the distribution line under the tidal
creek.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project involves the replacement of —400-ft of an existing underground distribution line. Duke Energy proposes to use horizontal directional drill (HDD) equipment to install the
underground conduit a minimum of 2' below the bottom contour of the approximately 1'-4' deep tidal feature. The HDD bore start/exit and the approximate proposed path of bore are
shown on the attached Exhibit 3. No open cut trenching, fill, or HDD bore start/exit are proposed in jurisdictional areas as part of the project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
A full delineation of the project area has been performed with wetland and waters exhibits included
with this application
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Stuart Bryan
Terracon
Yes No
Unknown
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
none anticipated
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
E. Impact Justification and Mitigation
1. Avoidance and Minimization
Buffers
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
No regulated discharge will occur as a result of the project. An unnamed tributary to Williston Creek will be HDD bored under, no impacts are proposed
for the underground crossing. The bore start/exits will all be in uplands.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Stringent ESC measures will be used during the project and extra precautions such as placement of wattles and silt fencing will also help prevent
detrimental effects to waters. The crossing is to be accomplished using HDD boring equipment. No impacts are proposed to wetlands or waters as part
of this project. Boring equipment and start/exit locations are all in upland areas.

2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The project does not result in regulated discharge nor does it result in a loss of wetlands or waters subject to Section 404 of the CWA.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is located in the White Oak River Basin
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The project involves the replacement of an existing underground distribution line in the same ROW.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No

5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Terracon reviewed NCNHP element occurrence data and conducted a USFWS IPaC review of the project area. Please refer to the report included with
this submittal for details regarding protected species.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
Are there submerged aquatic vegetation (SAV) around the project vicinity?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Unknown
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 status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Research conducted using the NC SHPO HPOWEB GIS service database on August 21, 2022 and research conducted on behalf of Terracon by the NC
Office of State Archaeology on August 12, 2022. Please refer to the attached report for more details.
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:
Duke Energy will conduct all necessary coordination with FEMA with regards to work in the study area.
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
permit support pack Smyrna_Optimized.pdf 3.38MB
File must be PDF or KMZ
Comments
A permit information package containing; Natural & Cultural Resources Report, Exhibits/site plan, and Photo Sheets are attached for this project.
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
stuart bryan
Signature
Date
11/21/2022

Smyrna Bore Project
Carteret County
Duke Energy
70227222
Table of Contents
Natural & Cultural Resources Report ............ 2-20
Exhibits/Site Plan and
Photo sheets................................................22-29

,j ierracon
Natural &Cultural Resources
Report
Smyrna Bore Project
Carteret County, North Carolina
August 2022
Project No. 70227222
Prepared for:
Duke Energy Progress
Wilmington, North Carolina
Prepared by:
Terracon
Raleigh Office

Ierracon
Table of Contents
1.0 PROJECT DESCRIPTION & UNDERSTANDING.............................................1
2.0 BACKGROUND RESEARCH..........................................................................1
3.0 PHYSICAL RESOURCES..............................................................................1
3.1 Topography.......................................................................................1
3.2 Soils.................................................................................................1
3.3 Water Resources................................................................................2
3.4 Floodplains........................................................................................2
4.0 JURISDICTIONAL ISSUES..........................................................................2
4.1 Clean Water Act Waters of the U.S.......................................................2
4.1.1 Potential Wetlands Data..............................................................3
4.1.2 Potential Waters Data...............................................................4
4.2 Clean Water Act Permits..................................................................... 5
4.3 Coastal Area Management Act.............................................................6
4.4 Construction Moratoria........................................................................6
4.5 N.C. River Basin Buffer Rules...............................................................6
4.5.1 Local and Municipal Buffers.......................................................6
4.6 Section 10 of the Rivers and Harbors Act..............................................6
4.7 Endangered Species Act Protected Species............................................6
4.8 Bald and Golden Eagle Protection Act(BGEPA)..................................... 13
4.9 Federal Species of Concern/At-Risk Species ......................................... 14
4.10 State Listed Species................................................................................................. 14
5.0 CULTURAL/ARCHAEOLOGICAL RESOURCES.............................................14
6.0 SUMMARY................................................................................................15
Appendices
Appendix A
• Exhibits
Appendix B
• Representative Photos

Smyrna Bore Project I Carteret County, NC r Terracon
August 2022 I Terracon Project No. 70227222
1.0 PROJECT DESCRIPTION & UNDERSTANDING
Duke Energy Progress (Duke) is proposing construction activities associated with a
distribution line near Smyrna in Carteret County, North Carolina. The study area is an
approximately 30-foot corridor centered on an existing driveway and a connection to an
existing transformer. The work proposed consists of replacing an existing underground
distribution primary line that has been exposed after storm events have washed out
portions of the driveway. The replacement line is to be installed via horizontal directional
boring (HDD). The limits of the study area were defined in the field by Duke.
The study area is depicted on a current U.S. Geological Survey (USGS) topographic map
(Exhibit 1), the Natural Resource Conservation Service (NRCS) Soil Survey of Carteret
County (Exhibit 2), and a recent aerial depicting the delineation results titled Potential
Wetlands/Waters (Exhibit 3).
Terracon was tasked by Duke to provide the following services for the Smyrna Bore
Project:
• Wetland and Waters delineation,
• GPS data collection for any delineated wetlands and tributaries,
• Preliminary protected species habitat assessments for federally Endangered and
Threatened species,
• Preliminary cultural resources assessment, and
• Report and graphics
2.0 BACKGROUND RESEARCH
Prior to the initiation of field efforts, available sources were reviewed, including the
applicable USGS 7.5-minute topographic quadrangle of Williston, NC (NGS/ESRI 2011),
the Natural Resources Conservation Service (NRCS) Digital Soil Survey (2018) for Carteret
County, NC (USDA 2018). Additionally, North Carolina Natural Heritage Program (NCNHP)
data concerning any known occurrences of state and federally Threatened or Endangered
species were reviewed in August 2022 on the Natural Heritage Data Explorer (NCNHP
2022). Field work was conducted by Terracon staff on August 2, 2022.
3.0 PHYSICAL RESOURCES
The study area is located within coastal plain physiographic province of North Carolina.
Specifically, the study area is in the Surficial deposits Formation, Undivided (NCDENR
2007).
3.1 Topography
Topography in the study area is flat with marsh and a tidal creek present. Elevations
appear to range from a high of approximately 4 feet above mean sea level (MSL) down to
MSL, based on a review of Exhibit 1 and other online data sources.
3.2 Soils
The soil mapping units identified by NRCS as occurring in the study area include; Hobucken
mucky fine sandy loam, frequently flooded and Roanoke loam (Exhibit 2). Both of these
mapping units, potentially occurring within the study area, are considered hydric soils.
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Smyrna Bore Project I Carteret County, NC r ferracon
August 2022 I Terracon Project No. 70227222
3.3 Water Resources
Water resources in the study areas are located within the White Oak River basin [USGS
hydrologic unit 03020301 (NCDWR 2019)]. A water classification is assigned to waters of
North Carolina based on the existing or contemplated best usage of various bodies of water.
Table 1 contains the nearest named water resource associated with features located within
the study area, its Stream Index Number (SIN), and BUC. These named streams/waters
represent the receiving waters of any wetlands, streams, and tributaries that are located
inside the study area. Unnamed streams and tributaries carry the same BUC as their
receiving waters, unless otherwise indicated by North Carolina Division of Water Resources
(NCDWR).
Table 1. Named water resources and receiving waters (NCDWR 2019)
Stream Name
SIN
BUC
Basin
Williston Creek
21-35-7-22-6
SA; HQW
White Oak
Class SA Waters include tidal salt waters that are used for shell fishing for marketing
purposes and are also protected for all Class SC and Class SB uses. All SA waters are also
High Quality Waters (HQW) by supplemental classification (NCDWR 2021).
High Quality Waters (HQW) is a supplemental classification intended to protect waters
which are rated excellent based on biological and physical/chemical characteristics through
monitoring or special studies. The Marine Fisheries Commission designated primary
nursery areas and other functional nursery areas are also included (NCDWR 2021).
3.4 Floodplains
The entire study area is considered Zone AE, which are areas subject to inundation by the
1-percent-annual-chance flood event. Under NWP 57, activities within the 100-year
floodplain must comply with applicable FEMA-approved state or local floodplain
management requirements. These requirements should be evaluated by Duke engineers
or the applicable engineering consultant.
4.0 JURISDICTIONAL ISSUES
4.1 Clean Water Act Waters of the U.S.
Section 404 of the CWA requires regulation of discharges into waters of the U.S. (WOTUS).
Although the principal administrative agency of the CWA is the U.S. Environmental
Protection Agency (EPA), the U.S. Army Corps of Engineers (USACE) has major
responsibility for implementation, permitting, and enforcement of provisions of the CWA.
Water bodies such as rivers, lakes, and streams/tributaries are subject to jurisdictional
consideration under the Section 404 program. However, by regulation, certain wetlands
are also considered WOTUS. Tidally influenced wetlands and waters fall under the
jurisdiction of the North Carolina Division of Coastal Management (NCDCM) Coastal Area
Management Act (CAMA).
Currently WOTUS are assessed by the CWA pre-2015 definition of WOTUS. This definition
of WOTUS includes the implementation of rulemaking as decided in the Supreme Court's
decision of the consolidated cases Rapanos v. United States and Carabell v. United States.
Specifically, the following waters will be under federal jurisdiction pursuant to the CWA:
Traditional navigable waters (TNWs)
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Smyrna Bore Project I Carteret County, NC rr ferracon
August 2022 I Terracon Project No. 70227222
• Wetlands adjacent to TNWs
• Non -navigable tributaries of traditional navigable waters that are relatively
permanent where the tributaries typically flow year-round or have
continuous flow at least seasonally (3 months)
• Wetlands that directly abut such tributaries
• Relatively permanent, standing or continuously flowing bodies of water
"forming geographic features" that are described in ordinary parlance as
,streams, oceans, rivers, and lakes".
The following waters will be considered jurisdictional if a significant nexus (contributes to
the physical, chemical, or biological integrity of downstream TNWs) exists between these
features and traditional navigable waters:
• Non -navigable tributaries that are not relatively permanent
• Wetlands adjacent to non -navigable tributaries that are not relatively
permanent
• Wetlands adjacent to but that do not directly abut a relatively permanent
non navigable tributary
The following waters will be considered non jurisdictional under the CWA:
• Swales or Erosional features (gullies, small washes characterized by low
volume, infrequent or short duration flows)
• Ditches (including roadside ditches) excavated wholly in and draining only
uplands and that do not carry a relatively permanent flow of water.
However, wetlands and other waterbodies that do not fall under federal regulation per the
CWA may be subject to jurisdiction by the N.0 Division of Water Resources (NCDWR) under
the state's Isolated and Other Non-404 Jurisdictional Wetlands and Waters program.
The delineation methodology generally follows the guidance outlined in the Regional
Supplement to the USACE Wetland Delineation Manual for the Atlantic and Gulf Coastal
Plain Region, which states that areas must exhibit three distinct characteristics to be
considered jurisdictional wetlands: 1) prevalence of hydrophytic (water tolerant) plants;
2) presence of hydric soils; and 3) sufficient wetland hydrology indicators within 12 inches
of the ground surface.
The study area was also reviewed for the presence of tributaries using criteria provided by
the USACE, NCDWR, and NCDCM CAMA. Coastal wetland areas were identified using
criteria provided by NCDCM. When present, intermittent and perennial tributaries, and
certain other surface waters, are also considered jurisdictional by the USACE, NCDWR
and/or NCDCM CAMA. Coastal wetlands are subject to NCDCM CAMA jurisdiction as well
as certain tributaries that may be considered public trust waters.
4.1.1 Potential Wetlands Data
A total of four (4) potential wetlands were delineated within the study area. Two
(2) wetlands were identified as potential CAMA-regulated wetlands. These potential
CAMA wetland features were flagged with sequentially numbered orange and red -
and -white striped flagging with a C prefix. The two (2) potential 404 wetland
features were flagged with sequentially numbered orange, red -white striped, and
3
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Smyrna Bore Project I Carteret County, NC rr ferracon
August 2022 I Terracon Project No. 70227222
blue flagging with a W prefix and are likely subject to Section 404 only jurisdiction
only. Exhibit 3 depicts the approximate extent and approximate location of these
features. This graphic is not intended to be a replacement for a traditional survey
and are not intended to be used as such. Table 2 contains a brief summary of the
specific wetland data collected.
The potential wetlands delineated within the study area were classified pursuant to
the North Carolina Wetland Assessment Method (NCWAM). Potential CAMA
wetlands CW1a-CW1b were classified as Salt/Brackish Marsh wetlands.
Salt/Brackish Marsh wetlands are affected by lunar or wind tide and at least
occasionally affected by brackish or salt water, dominated by herbaceous
vegetation. Smooth cordgrass (Spartina aiterniflora) and black needle rush (Juncus
roemerianus) were the dominant vegetation observed within this wetland type.
Potential wetlands W1-W2 were classified as Estuarine Woody Wetlands. Estuarine
Woody wetlands are semi -permanently inundated or saturated and dominated by
herbaceous vegetation. Dominant vegetation observed within this wetland type
included groundseltree (Baccharis haiimifoiia) and wax myrtle (Morelia cerifera).
Table 2. Potential wetland data for the Smyrna Bore Project
Approximate
Size in
Likely
Wetland
NCWAM
Hydrologic Regime
Project
Jurisdictional
ID
Classification
Study Area
Authority
(ac)
CW1a
Salt/Brackish Marsh
Affected by lunar or
0.01
USACE/DWR-
wind tide
CAMA
CW1b
Salt/Brackish Marsh
Affected by lunar or
0.02
USACE/DWR-
wind tide
CAMA
W1
Estuarine Woody
Contiguous with tidal
0.01
USACE/DWR
Wetland
marsh
W2
Estuarine Woody
Contiguous with tidal
0.01
USACE/DWR
Wetland
marsh
TOTAL
t0.05
4.1.2 Potential Waters Data
One (1) potential tributary, subject to Section 404 and CAMA jurisdiction, was
identified by Terracon staff within the study area. This potential tributary may be
considered WOTUS under Section 404 based on the connection to other wetlands
and RPWs and under CAMA's jurisdiction due to hydrology being affected by lunar
and wind tidal action. Exhibit 3 depicts the approximate extent and approximate
location of this feature. This figure is not intended to be a replacement for a
traditional survey and are not intended to be used as such. Table 3 contains the
potential waters (tributary) data collected as part of this project. USACE and
CAMA has discretion regarding the jurisdictional status of these tributary/ditches.
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Smyrna Bore Project I Carteret County, NC r ferracon
August 2022 I Terracon Project No. 70227222
Table 3. Potential Tributary identified for the Smyrna Bore Project
Approximate
Approximate
Likely
Waters ID
Flow
Length (ft)
Width (ft) in
Jurisdictional
Regime
in Study
Study Area
Authority
Area
T -1 (Unnamed
USACE/DWR/
tributary of Williston
Tidal
30
20
CAMA
Creek)
TOTAL
f 30
4.2 Clean Water Act Permits
Dredge and fill activities in WOTUS must be authorized by USACE as a regulated discharge
pursuant to Section 404 of the CWA and by NCDWR pursuant to Section 401 of the CWA.
Activities authorized by the USACE are subject to further water quality requirements per
Section 401 of the CWA. In North Carolina, the NCDWR administers the Section 401 Water
Quality Certification process, which also must include plans on how the applicant proposes
to manage stormwater.
USACE authorizes many utility projects under the Nationwide Permit (NWP) program. NWP
57 will allow activities required for the construction, maintenance, repair, and removal of
utility lines and associated facilities in WOTUS, provided the activity does not result in the
loss of greater than 0.5 acre of WOTUS for each single and complete project.
Compensatory mitigation can be required by USACE if the proposed project is determined
to have an adverse effect on WOTUS, including wetlands, as a result of a regulated
discharge. Mitigation can be required for wetland losses >_ 0.10 acre and/or the loss of >_
0.02 acre of stream bed. Under NWP 57 activities within the 100-year floodplain must
comply with applicable FEMA-approved state or local floodplain management requirements.
Coordination is recommended with USACE and NCDWR in order to determine the applicable
jurisdictional authority and the permitting requirements for this project, if any. Section
404 permitting may not be necessary if all wetland and stream impacts are avoided;
however, concurrence from USACE and NCDWR should be obtained prior to beginning any
activities.
Coordination is recommended with USACE, NCDWR, and NCDCM in order to determine the
applicable jurisdictional authority and the permitting requirements for this project, if any.
Section 404 permitting may not be necessary if all wetland and stream impacts are
avoided; however, concurrence from USACE, NCDWR, and NCDCM should be obtained prior
to beginning any activities. Compensatory mitigation can be required by USACE if the
proposed project is determined to have an adverse effect on WOTUS, including wetlands,
as a result of a regulated discharge. This mitigation is typically warranted for any coastal
wetland impacts, non -coastal wetland impacts >_ 0.1 acre, and stream impacts >_ 0.003
acre.
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Smyrna Bore Project I Carteret County, NC rr Terracon
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4.3 Coastal Area Management Act
NCDCM regulates certain wetlands and water bodies in the twenty coastal counties of North
Carolina pursuant to CAMA. Carteret County is a coastal county. Typically, there is a 75-
foot buffer required for CAMA jurisdictional areas. Along Outstanding Resource Waters,
the development rules along coastal shorelines apply within 575 feet of the normal
highwater line {15A NCAC 7H. 02091. A CAMA permit from NCDCM may be necessary if
impacts are proposed to any feature under CAMA jurisdiction. Terracon proposes to consult
with CAMA to determine the permit requirements, if any. If an application to NCDCM-
CAMA is necessary, Terracon can work with Duke and their engineers to develop a permit
application package suitable for submission to, and review by NCDCM.
4.4 Construction Moratoria
The North Carolina Division of Marine Fisheries (NCDMF) has identified Williston Creek and
portions of the unnamed tributary (T1) as Primary Nursery Areas (PNA) within or adjacent
to the project study area. No Anadromous Fish Spawning Areas have been identified as
occurring within the project study area that would result in a moratorium (NCDMF 2011).
No construction moratoria should apply to this project based on the proposed work for this
project being underground. If in -water work is necessary for this project, agency
coordination is recommended.
4.5 N.C. River Basin Buffer Rules
The study areas are in the White Oak River Basin. No buffer rules regulated by the State
of North Carolina apply to this river basin.
4.5.1 Local and Municipal Buffers
Terracon makes no definitive statement regarding buffers that are associated with
landscaping, viewsheds, zoning, or any purpose other than for the protection of
aquatic resources.
4.6 Section 10 of the Rivers and Harbors Act
Section 10 of the Rivers and Harbors Act requires authorization from the USACE for the
excavation of material, alteration, obstruction, or construction of any structure in or over
any "navigable water" of the United States (33 U.S.0 410 et seq.). "Navigable water" is
defined as waters that are subject to the ebb and flow of the tide shoreward to the mean
high-water mark and/or waters that are presently used, have been used in the past, or are
susceptible for use to transport interstate or foreign commerce (33 CFR part 329). Williston
Creek is named as a Section 10 waters listed within/adjacent to the study area. Tidal
marshes can be subject to Section 10 jurisdiction even though it is not actually "navigable
in fact". A section 10 permit may be required dependent upon USACE review of the
proposed project. If so, the Section 10 authorization can be applied for and approved
concurrent with the standard Section 404 permit
4.7 Endangered Species Act Protected Species
Species with the federal classifications of Endangered (E) or Threatened (T) are protected
under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et
seq.). Species officially classified as Candidate (C) for listing are not protected under the
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ESA, but are recommended for inclusion in evaluations based on potential for status to be
upgraded to official listing as E or T. The U.S. Fish and Wildlife Service (USFWS) online
Information for Planning and Consultation (IPaC) system (USFWS 2022) indicates that
fourteen (14) species are listed for Carteret County. One of these species, Monarch
butterfly, is a Candidate species and does not currently require further consideration. A
NCNHP database query was generated in August 2022 to determine if any of these species
have been documented inside of or within 1.0 mile of the study area. Atlantic Sturgeon is
a federally listed species, not included in the IPaC listing for this project, that was identified
within a one -mile radius of the study area (last observed 11-28-2004) in the NCNHP
search. West Indian Manatee was also identified within a one -mile radius of the study area
(last observed 06-13-2008). Terracon conducted habitat assessments inside the study
area in August 2022.
Table 4. Federal listed species for Carteret County, NC
Potential
Federal
Habitat
Biological
Common Name
Scientific Name
Status
(T/E) 1
Present
conclusion
Y/N
Northern Long-
Myotis
Yes
Exempt per 4(d)
T
(Summer
eared Bat
septentrionalis
Rule
Habitat)
West Indian
Trichechus
Not likely to
manatee
manatus
T
Yes
adversely affect
Hexastylis
Not likely to
Eastern black rail
T
Yes
naniflora
adversely affect
Piping
p g plover
Charadrius
T
No
No Effect
melodus
Calidris canutus
Not likely to
Red knot
T
Yes
rufa
adversely affect
Red -cockaded
picoides borealis
E
No
No Effect
woodpecker
American
Alligator
SAT
Yes
Not Required
alligator
mississippiensis
Green sea turtle
Chelonia mydas
T
Yes
Not likely to
adversely affect
Kemp's Ridley
Lepidochelys
E
No
No Effect
sea turtle
kempii
Leatherback sea
Dermochelys
Not likely to
turtle
coriacea
E
Yes
adversely affect
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Potential
Federal
Habitat
Biological
Common Name
Scientific Name
Status
(T/E) 1
Present
conclusion
Y/N
Loggerhead sea
Not likely to
Caretta caretta
T
Yes
turtle
adversely affect
Monarch
Danaus plexippus
C
Yes
Not Required
butterfly
Rough -leaved
Lysimachia
E
No
No Effect
loosestrife
asperulaefolia
Seabeach
Amaranthus
T
No
No Effect
amaranth
pumilus
1 T - Threatened, E-Endangered, C- Candidate, SAT- Threatened due to Similarity of Appearance
Northern long-eared bat - The northern long-eared bat is found across much of the
eastern and north central United States and all Canadian provinces from the Atlantic coast
west to the southern Northwest Territories and eastern British Columbia. During summer,
northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in
crevices of both live and dead trees. Males and non -reproductive females may also roost
in cooler places, like caves and mines. This bat seems opportunistic in selecting roosts,
using tree species based on suitability to retain bark or provide cavities or crevices. It has
also been found, rarely, roosting in structures like barns and sheds. Northern long-eared
bats spend winter hibernating in caves and mines, called hibernacula. They typically use
large caves or mines with large passages and entrances; constant temperatures; and high
humidity with no air currents (USFWS 2015).
During summer, the northern long-eared bat (NLEB) roosts singly or in colonies underneath
bark, in cavities, or in crevices in both live and dead trees and/or snags (typically >3 inches
diameter breast height). Males and non -reproductive females may also roost in cooler
places, like caves and mines. This bat seems opportunistic in selecting roosts, using tree
species based on suitability to provide cavities or crevices or presence of peeling bark. It
has also been found, rarely, roosting in structures like barns and sheds when suitable tree
roosts are not available. During the summer, NLEB emerge at dusk to forage in upland
and lowland woodlands and tree -lined corridors (USFWS 2015).
Pursuant to the final 4(d) rules, incidental take from tree removal activities is not prohibited
unless it results from, (1) removing a known occupied maternity roost tree, or (2) from
tree removal activities within 150 feet of a known occupied maternity roost tree from June
1 through July 31, or (3) results from tree removal activities within 0.25 mile of a
hibernaculum at any time. The proposed project appears to meet these criteria and any
incidental take would be exempt if the project continues to remain in compliance with the
4(d) rules.
Habitat Present: Yes -Summer Habitat
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The study area contain very limited forested are that could potentially be utilized
by the species during the summer months. NCNHP records reviewed in August
2022 indicates no known occurrence of NLEB within 1.0 mile of the study area.
Additionally, no known occupied hibernacula or roost trees are reported within 1.0
mile of the study area based on a review of NCNHP data. Therefore, any incidental
take from tree clearing is considered exempt by the 4(d) Rules.
BIOLOGICAL CONCLUSION: Project is exempt pursuant the 4(d) Rules
West Indian manatee - Manatees have been observed in all the North Carolina coastal
counties. Manatees are found in canals, sluggish rivers, estuarine habitats, salt water
bays, and as far off shore as 3.7 miles. They utilize freshwater and marine habitats at
shallow depths of 5 to 20 feet. In the winter, between October and April, manatees
concentrate in areas with warm water. During other times of the year habitats appropriate
for the manatee are those with sufficient water depth, an adequate food supply, and in
proximity to freshwater. Manatees require a source of freshwater to drink. Manatees are
primarily herbivorous, feeding on any aquatic vegetation present, but they may
occasionally feed on fish (USFWS 2022).
Habitat Present: Yes
Potential habitat for manatee does occur within the study area. The tidal creek in
the study area does provide habitat for the West Indian manatee, mainly east of
the driveway washout. No in -water work or disturbance is anticipated.
Therefore, the project is not likely to adversely affect the species. NCNHP data
from August 2022 indicates one occurrence (last observed 06/13/2008) of the
manatee within 1.0 mile of the study area.
BIOLOGICAL CONCLUSION: Not likely to adversely affect
Eastern black rail - The eastern black rail was historically present during the breeding
season at inland and coastal locations throughout the southeastern United States. Texas,
Florida, South Carolina and North Carolina were considered historical strongholds for the
subspecies in the Southeast. Eastern black rail habitat can be tidally or non -tidally
influenced, and range in salinity from salt to brackish to fresh. Tidal height and volume
vary greatly between the Atlantic and Gulf coasts and therefore contribute to differences
in salt marsh cover plants in the bird's habitat. Further south along the Atlantic coast,
eastern black rail habitat includes impounded and un-impounded salt and brackish marshes
(USFWS 2022).
Habitat Present: Yes
Potential habitat for the eastern black rail does occur within the marsh wetlands in
the study area. Temporary displacement is possible if the species is utilizing any of
these areas. If work is proposed in the marsh areas, coordination with
USFWS may be necessary. NCNHP data reviewed in August 2022 indicates no
known occurrences of the eastern black rail within 1.0 mile of the study area.
BIOLOGICAL CONCLUSION: Not likely to adversely affect
Piping plover - The piping plover breeds along the entire eastern coast of the United
States. North Carolina is uniquely positioned in the species' range, being the only state
where the piping plover's breeding and wintering ranges overlap, and the birds are present
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year-round. They nest most commonly where there is little or no vegetation, but some
may nest in strands of beach grass. The nest is a shallow depression in the sand that is
usually lined with shell fragments and light colored pebbles (USFWS 2022).
Habitat Present: No
Potential habitat for piping plover does not occur within the study area. The study
area lacks the beach habitat associated with this species. NCNHP data from August
2022 indicates no occurrences of the piping plover within 1.0 mile of the study
area.
BIOLOGICAL CONCLUSION: No Effect
Red knot — The rufa red knot is one of the six recognized subspecies of red knots and is
the only subspecies that routinely travels along the Atlantic coast of the United States
during spring and fall migrations. It is known to winter in North Carolina and to stop over
during migration. Habitats used by red knots in migration and wintering areas are similar
in character: coastal marine and estuarine habitats with large areas of exposed intertidal
sediments. In North America, red knots are commonly found along sandy, gravel, or cobble
beaches, tidal mudflats, salt marshes, shallow coastal impoundments and lagoons, and
peat banks. Ephemeral features such as sand spits, islets, shoals, and sandbars, often
associated with inlets can be important habitat for roosting (USFWS 2022).
Habitat Present: Yes
Potential habitat for red knot does occur within the marsh and tidal flats in the study
area. Temporary displacement is possible if the species is utilizing any of these
areas. If work is proposed in the marsh areas, coordination with USFWS
may be necessary. NCNHP data reviewed in August 2022 indicates no known
occurrences of the red knot within 1.0 mile of the study area.
BIOLOGICAL CONCLUSION: Not likely to adversely affect
Red -cockaded woodpecker — The red -cockaded woodpecker (RCW) typically occupies
open, mature stands of southern pines, particularly longleaf pine (Pinus paiustris), for
foraging and nesting/roosting habitat. The RCW excavates cavities for nesting and roosting
in living pine trees, aged 60 years or older, which are contiguous with pine stands at least
30 years of age to provide foraging habitat. The foraging range of the RCW is normally no
more than 0.5 miles (USFWS 2003).
Habitat Present: No
The limited wooded portions of the project study area do not currently provide
suitable nesting or foraging habitat for this species. NCNHP does report RCW
occurrences within one mile of the site. The proposed project is not expected to
result in any detrimental effects to this species.
BIOLOGICAL CONCLUSION: No Effect
American alligator — In North Carolina, alligators have been recorded in nearly every
coastal county, and many inland counties to the fall line. The alligator is found in rivers,
streams, canals, lakes, swamps, and coastal marshes. Adult animals are highly tolerant
of salt water, but the young are apparently more sensitive, with salinities greater than 5
parts per thousand considered harmful. The American alligator remains on the protected
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species list due to its similarity in appearance to the Endangered American crocodile
(Crocodylus acutus) (USFWS 2008).
Habitat Present: Yes
Species listed as threatened due to similarity of appearance do not require Section
7 consultation with the USFWS. Potential habitat for American alligator does exist
within the study area. NCNHP data reviewed in August 2022 indicates no known
occurrences of the American Alligator within 1.0 mile of the study area.
BIOLOGICAL CONCLUSION: Not Required
Green sea turtle - The green sea turtle is found in temperate and tropical oceans and
seas. Nesting in North America is mostly limited to small communities on the east coast
of Florida requiring beaches with minimal disturbances and a sloping platform for nesting.
The green sea turtle can be found in shallow waters. They are attracted to lagoons, reefs,
bays, mangrove swamps and inlets where an abundance of marine grasses can be found,
as this is the principle food source for the green sea turtle (USFWS 2022).
Habitat Present: Yes
Potential habitat for green sea turtle does occur within the study area. The tidal
creek in the study area does provide potential habitat for this species, mainly east
of the driveway washout. No in -water work or disturbance is anticipated.
Therefore, the project is not likely to adversely affect the species. NCNHP data
reviewed in August 2022 indicates no occurrences of the green sea turtle within 1.0
mile of the study area.
BIOLOGICAL CONCLUSION: Not likely to adversely affect
Kemp's ridley sea turtle - Kemp's ridley sea turtle is the smallest of the sea turtles that
visit North Carolina's coast, and has been sighted in most coastal counties. While the
majority of this sea turtle's nesting occurs in Mexico, the species is known to nest on North
Carolina beaches infrequently. Kemp's ridley sea turtle can lay eggs as many as three
times during the April to June breeding season. This species prefers beach sections that
are backed up by extensive swamps or large bodies of open water having seasonal narrow
ocean connections and a well-defined elevated dune area. The species prefers neritic area
with sandy or muddy bottoms (USFWS 2022).
Habitat Present: No
The study area does not contain suitable habitat for this species. The study area
lacks the open water beach and dune habitat associated with this species. NCNHP
data from August 2022 indicates no occurrences of the Kemp's ridley sea turtle
within 1.0 mile of the study area.
BIOLOGICAL CONCLUSION: No Effect
Leatherback sea turtle - The leatherback sea turtle is distributed world-wide in tropical
waters of the Atlantic, Pacific, and Indian oceans. They are generally open ocean species
and may be common off the North Carolina coast during certain times of the year.
However, in northern waters leatherback sea turtles are reported to enter bays, estuaries,
and other inland bodies of water. Major nesting areas occur mainly in tropical regions. In
the United States, primary nesting areas are in Florida, however, nests are known from
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Georgia, South Carolina, and North Carolina as well. Nesting occurs from April to August.
Leatherback sea turtles need sandy beaches backed with vegetation in the proximity of
deep water and generally with rough seas. Beaches with a relatively steep slope are usually
preferred (USFWS 2022).
Habitat Present: Yes
Potential habitat for leatherback sea turtle does occur within the study area. The
tidal creek in the study area does provide potential habitat for this species, mainly
east of the driveway washout. No in -water work or disturbance is anticipated.
Therefore, the project is not likely to adversely affect the species. NCNHP data
reviewed in August 2022 indicates no occurrences of the leatherback sea turtle
within 1.0 mile of the study area.
BIOLOGICAL CONCLUSION: Not likely to adversely affect
Loggerhead sea turtle - The loggerhead is widely distributed within its range and is
found in three distinct habitats during their lives. These turtles may be found hundreds of
miles out in the open oceans, in neritic areas, or on coastal beaches. In North Carolina,
this species has been observed in every coastal county. Loggerheads occasionally nest on
North Carolina beaches, and are the most common of all the sea turtles that visit the North
Carolina coast. The nest nocturnally, at two or three-year intervals, between May and
September, on isolated beaches that are characterized by fine-grained sediments. In near
shore areas, loggerheads have been observed in bays, lagoons, salt marshes, creeks, ship
channels, and the mouths of large rivers. Coral reefs, rocky places and shipwrecks are
often used as foraging areas (USFWS 2022).
Habitat Present: Yes
Marginal habitat for loggerhead sea turtle does occur within the tidal waters in the
study area. However, the study area lacks the beach nesting habitat associated
with this species. No in -water work or disturbance is anticipated. Therefore, the
project is not likely to adversely affect the species. NCNHP data from August
2022 indicates no occurrences of the loggerhead sea turtle within 1.0 mile of the
study area.
BIOLOGICAL CONCLUSION: Not likely to adversely affect
Rough -leaved loosestrife - Rough -leaved loosestrife, endemic to the Coastal Plain and
Sandhills of North and South Carolina, generally occurs in the ecotones or edges between
longleaf pine uplands and pond pine pocosins in dense shrub and vine growth on moist to
seasonally saturated sands and on shallow organic soils overlaying sand (spodosolic soils).
Occurrences are found in such disturbed habitats as roadside depressions, maintained
power and utility line rights -of -way, firebreaks, and trails. The species prefers full sunlight,
is shade intolerant, and requires areas of disturbance (e.g., clearing, mowing, periodic
burning) where the overstory is minimal. It can, however, persist vegetatively for many
years in overgrown, fire -suppressed areas. Blaney, Gilead, Johnston, Kalmia, Leon,
Mandarin, Murville, Torhunta, and Vaucluse are some of the soil series that the plant occurs
on (USFWS 1995).
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Habitat Present: No
Potential habitat for rough -leaved loosestrife does not occur within the study area.
The wetlands in the study area are primarily tidally influenced. NCNHP data from
August 2022 indicates no occurrences of the rough -leaved loosestrife within 1.0
mile of the study area.
BIOLOGICAL CONCLUSION: No Effect
Seabeach amaranth - Seabeach amaranth occurs on barrier island beaches where its
primary habitat consists of overwash flats at accreting ends of islands, lower foredunes,
and upper strands of noneroding beaches (landward of the wrack line). In rare situations,
this annual is found on sand spits 160 feet or more from the base of the nearest foredune.
It occasionally establishes small temporary populations in other habitats, including sound -
side beaches, blowouts in foredunes, interdunal areas, and on sand and shell material
deposited for beach replenishment or as dredge spoil. The plant's habitat is sparsely
vegetated with annual herbs (forbs) and, less commonly, perennial herbs (mostly grasses)
and scattered shrubs. It is, however, intolerant of vegetative competition and does not
occur on well -vegetated sites. The species usually is found growing on a nearly pure silica
sand substrate, occasionally with shell fragments mixed in. Seabeach amaranth appears
to require extensive areas of barriers island beaches and inlets that function in a relatively
natural and dynamic manner. These characteristics allow it to move around in the
landscape, occupying suitable habitat as it becomes available (USFWS 1996).
Habitat Present: No
Potential habitat for seabeach amaranth does not occur within the study area. The
study area lacks the beach habitat associated with this species. NCNHP data from
August 2022 indicates no occurrences of the seabeach amaranth within 1.0 mile of
the study area.
BIOLOGICAL CONCLUSION: No Effect
4.8 Bald and Golden Eagle Protection Act (BGEPA)
Bald eagles typically feed on fish but may also consume birds and small mammals. In the
Carolinas, nesting season extends from December through May (Potter et a/. 1980). Bald
eagles typically nest in tall, living trees in a conspicuous location near water and forage
over large bodies of water with adjacent trees available for perching (Hamel 1992).
The bald eagle was officially delisted and removed from the federal Endangered Species
List on August 9, 2007, but they are still protected under the BGEPA (Guidelines) and the
Migratory Bird Treaty Act (MBTA). The Guidelines prohibits disturbance to a bald eagle.
The Guidelines defines disturb as "to agitate or bother a bald or golden eagle to a degree
that causes, or is likely to cause, based on the best scientific information available: 1)
injury to an eagle; 2) a decrease in its productivity, by substantially interfering with normal
breeding, feeding, or sheltering behavior; or 3) nest abandonment, by substantially
interfering with normal breeding, feeding, or sheltering behavior." The definition also
covers impacts that result from human -caused alterations initiated around a previously
used nest site during a time when eagles are not present, if, upon the eagle's return, such
alterations agitate or bother an eagle to a degree that injures an eagle or interferes with
normal breeding, feeding, or sheltering behavior.
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Under the current Guidelines, USFWS recommends the following measures for roads, trails,
canals, power lines, and other linear utilities. If the eagle nest can be seen from the project
site and there is no similar activity within 660 feet, then USFWS recommends that the
project: 1) maintain a buffer of at least 660 feet between your activities and the nest; 2)
maintain any established landscape buffers; and 3) if possible, create additional landscape
buffers to screen the new activity from the nest. If these recommendations cannot be
adopted for the project, then coordination is recommended with the local USFWS office.
Williston Creek and Jarretts Bay are large waterbodies adjacent to and near the study areas
that could support bald eagle foraging and nesting. A review of NCNHP records in August
2022 indicates no known occurrences of the bald eagle within 1.0 mile of the study area.
4.9 Federal Species of Concern/At-Risk Species
USFWS also maintains a list of Federal Species of Concern (FSC) and At -Risk Species (ARS).
Neither FSC or ARS are afforded federal protection under the Endangered Species Act and
are not subject to any of its provisions, including Section 7, until they are formally listed
as P, T, or E under the ESA. However, the status of these species is subject to change,
and a review of August 2022 NCNHP data has been performed to determine if they have
been documented in or near the study area. No FSC/ARS species have been identified
within one mile of the study area.
4.10 State Listed Species
Some of the species that are listed as ARS by USFWS receive limited state protection if
state -listed by the N.C. Wildlife Resources Commission or N.C. Plant Conservation Service
as Endangered (E), Threatened (T), or Special Concern (SC). These species receive limited
protection under the North Carolina Endangered Species Act (G.S. 113-331 et seq.) and
the North Carolina Plant Protection Act of 1979 (G.S. 106-202.12 et seq.). Two (2) species
identified as state -listed E, T or SC have been documented within one mile of the study
areas by NCNHP. These include painted bunting (SC) (Passerina ciris) and Comfort -root
(T) (Hibiscus aculeatus). Current regulations do not require species -specific surveys for
any of these species. Duke may choose to voluntarily survey for these species if desired.
Our qualified biologists can conduct these surveys as a supplemental task if necessary.
5.0 CULTURAL/ARCHAEOLOGICAL RESOURCES
Historic Resources
Research conducted using the North Carolina State Historic Preservation Office (SHPO)
HPOWEB GIS service database on August 21, 2022 revealed that that while no historical
resources are located directly within the project study area, three are located within a
0.25-mile radius (Table 5). None of the resources have been evaluated for the National
Register of Historic Places (NRHP).
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Table S. Historic Structures
Resource ID
Name
NRHP Status
CR1157
Williston United Methodist Church
Unassessed
CR1158
House
Unassessed
CR1159
Cooper and Ella Davis House
Unassessed
Archaeological Sites
Research conducted on behalf of Terracon by the North Carolina Office of State Archaeology
(OSA) on August 12, 2022 indicated that no previously recorded archaeological sites have
been recorded within 0.25 mile of the project study area.
6.0 SUMMARY
Four (4) potential wetlands and one (1) tributary were identified within the study area. All
of these features may be subject to Section 404 jurisdiction and two (2) of the potential
wetlands and the tributary may also be subject to CAMA jurisdiction. Typically, there is a
75-foot buffer required for CAMA jurisdictional areas. Wetland and waters impacts should
be avoided and minimized as much as practicable. Unavoidable impacts resulting in a
regulated discharge of dredge or fill material into wetlands and/or waters must be
coordinated with the USACE, NCDWR, and NCDCM-CAMA and permitting and mitigation
could be required. Terracon proposes to begin coordination with these permitting agencies
upon Duke's approval, to begin determining the appropriate permitting pathway to
successfully obtain the necessary USACE/NCDWR/NCDCM approvals for this project.
Potential habitat exists for nine (9) of the federal -listed species for Carteret County: NLEB,
West Indian Manatee, Eastern black rail, red knot, American alligator, green sea turtle,
leatherback sea turtle, loggerhead sea turtle, and the Monarch butterfly. Regarding the
NLEB, the proposed project appears to meet the intent of the 4(d) Rule criteria and any
incidental take would be exempt if the project continues to remain in compliance with the
4(d) rules. Consultation with USFWS is not required if these criteria do not change and no
new information regarding NLEB occurrences or hibernaculum within 0.25 mile arises. The
American alligator is a species listed as threatened due to similarity of appearance and the
Monarch butterfly is a candidate species, neither require Section 7 consultation with the
USFWS. Potential habitat for West Indian Manatee, green sea turtle, leatherback sea
turtle, and the loggerhead sea turtle is water dependent. If no in -water work is proposed
as part of this project a determination of not likely to adversely affect is appropriate.
Potential habitat for Eastern black rail and red knot is marsh/mudflat dependent.
Temporary displacement is possible for these species if they are utilizing any of these
areas. If work is proposed in the marsh areas, coordination with USFWS may be
necessary. Currently, a determination of not likely to adversely affect is being provided
for these two bird species.
No cultural or archaeological resources are reported as occurring inside the study areas.
Three (3) previously recorded historic properties, none have been evaluated for NRHP, are
mapped within a 0.25-mile radius of the study areas.
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References
Hamel, P.B. 1992. Land Manager's Guide to the Birds of the South. The Nature
Conservancy, Southeastern Region, Chapel Hill, NC. 437 pp.
Natural Resource Conservation Service. 2018. Digital Soil Survey of Carteret County, NC
https://websoilsurvey.sc.egov.usda.gov/Apr)/HomePage.htm
N.C. Department of Environment and Natural Resources. A. 1985 Geologic Map of North
Carolina. https://ncdenr.mar)s.arcgis.com/apps/Mar)Series/index.html?appid=a828
1cbd24b84239b29cd2ca798d4a10(Accessed August 2022).
N.C. Division of Marine Fisheries. 2011. Anadromous Fish Spawning Areas.
https://deg.nc.aov/about/divisions/marine-fisheries/rules-proclamations-and-size-
and-bag-limits/rules/interactive-mar)-current-rules (Accessed August 2022).
N.C. Division of Marine Fisheries. 2011. Primary Nursery Areas.
https://deg. nc.gov/about/divisions/marine-fisheries/rules-proclamations-and-size-
and-bag-limits/rules/interactive-mar)-current-rules (Accessed August 2022).
N.C. Division of Water Resources. 2022. NC Water Quality Classifications by NC River
Basin. https://ncdenr.maps.arcais.com/apps/webappviewer/index.html (Accessed
August 2022).
N.C. Division of Water Resources. 2022. Find Your Hydrologic Unit. https://data-
ncdenr.opendata.arcais.com/datasets/ (Accessed August 2022).
N.C. Flood Maps. 2022. https://flood.nc.gov/ncflood/riskToolsFull.htmI (Accessed August
2022).
N.C. Natural Heritage Program. 2022. Natural Heritage Data Explorer [web application].
NCDNCR, Raleigh, NC. (Accessed August 2022).
Potter, E.F., J.F. Parnell, and R.P. Teulings. 1980. Birds of the Carolinas. The University
of North Carolina Press, Chapel Hill, NC. 408 pp.
The National Map (TNM). USGS Topo Tile Base, data refreshed May 2020.
U.S. Army Corps of Engineers. 2012. Regional Supplement to the U.S. Army Corps of
Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain (Version
2.0). U.S. Army Engineer Research and Development Center, Vicksburg, MS. 158
pp•
U.S. Fish and Wildlife Service. 1995. Rough -leaved Loosestrife Recovery Plan. Atlanta,
Georgia. 32
U.S Fish and Wildlife Service. 1996. Recovery Plan for Seabeach Amaranth
Atlanta, Georgia
U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker
(Picoides borealis): Second Revision. Atlanta, GA. 296 pp.
16
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Smyrna Bore Project I Carteret County, NC rr ferracon
August 2022 I Terracon Project No. 70227222
U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines
U.S. Fish and Wildlife Service. 2008. American alligators in North Carolina.
https://www.fws.ciov/uploaded Files/American-AlIiciator-Fact-Sheet.pdf.
U.S. Fish and Wildlife Service. 2015. Northern Long-eared Bat (Myotis septentrionaiis).
http://fws.ciov/midwest.endanciered/mammals/nleb/nlebfactsheet.html
U.S. Fish and Wildlife Service. 2022 Information for Planning and Consultation.
https://ecos.fws.ciov/ipac/ (Accessed August 2022).
17
Explore with us

Exhibits/Site
Plan and Photo
Sheets

N
White Oak River Basin
fr.
r
r'[;t
USGS The National Map: National Boundaries Dataset, 3DEP Elevation
Program, Geographic Names Information System, National Hydrography
Dataset, National Land Cover Database, National Structures Dataset, and
National Transportation Dataset; USGS Global Ecosystems; U.S. Census
Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S.
Department of State Humanitarian Information Unit; and NOAA National
Centers for Environmental Information, U.S. Coastal Relief Model. Data
refreshed June, 2022.
Legend
—Project Study Area
Proposed Underground Bore
PM:
Project No.
JH
70227222
Drawn By:
Scale: 1"=900ft
RG
Checked By:
File Path:
RG
Site Diagram
Approved By:
Date:
JH
8/23/2022
(� DUKE
ENERGY.,
Data Sources:
Site Boundary provided by Client &
NC One Map Data
lFrerracon
Topographic Map
EXHIBIT
No.
Smyrna Bore Project
Carteret County,
North Carolina
1
2401 Brentwood Road, Suite 107 Raleigh, NC 27604
Phone: [phone] Fax: [phone]

Legend
Proposed Underground Line OTransformer
—Project Study Area
NRCS Soils Mapping Units
@Potential HDD Start/Exit
PM:
Project No.
JH
70227222
Drawn By:
RG
S ale
inch = 60 feet
Checked By:
File Path:
RG
Site Diagram
Approved By:
Date:
JH
8/22/2022
4 DUKE
ENERGY
Data Sources:
Site Boundary provided by Client &
NC One Map Data
lFrerracon
NRCS Soils Map
EXHIBIT
Smyrna Bore Project
Carteret County,
North Carolina
3
2401 Brentwood Road, Suite 107 Raleigh, NC 27604
Phone: [phone] Fax: [phone]

Legend
Proposed Underground Line
Project Study Area
Potential Wetlands
Potential CAMA Wetlands
PM:
Project No.
JH
70227222
Drawn By:
Scale:
RG
1 inch = 50 feet
Checked By:
File Path:
RG
Site Diagram
Approved By:
Date:
JH
8/22/2022
Potential CAMATributary
Potential HDD Start/Exit
Transformer
�•� DUKE
ENERGY:
Data Sources:
Site Boundary provided by Client &
NC One Map Data
lFrerracon
Potential Wetlands and Waters Map
EXHIBIT
No.
Smyrna Bore Project
Carteret County,
North Carolina
3
2401 Brentwood Road, Suite 107 Raleigh, NC 27604
Phone: [phone] Fax: [phone]

Project No. 70227222
.a ierracon
0189°S (T) O 34.786625°,-76.5117030 ±16ft A 20ft
Photograph 1: Existing Driveway/ near proposed HDD bore start/stop.
0 28°NE (T) 0 34.78660610,-76.511664° ±16ft ■ 15ft
Photograph 2: Existing Driveway/centerline underground bore
Smyrna Bore Project

Project No. 70227222
.a ierracon
0183°S (T) OO 34.7871060,-76.511512° ±16ft ♦ 5ft
Photograph I Existing driveway washout-T1.
0 346°N (T) 34.787015°, -76,511485° ±16ft ■ 18ft !
Photograph 4: Existing driveway washout bottom and conduit visible-T1
Smyrna Bore Project

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irl 7 150 180 210 240 270
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02ug 20 2 9 55 (a 2, 0 :38-

Project No. 70227222
.a ierracon
0 180°S (T) O 34.7875620,-76.511854° ±16ft A 8ft
Photograph 9: Existing transformer
Smyrna Bore Project