20071716 Ver 1_401 Application_20071007

TA.
Devine Tarbell & Associates, Inc.
Gmnuldng GnPinecm, Scientua, & Regvluonry SreciuWca
October 3, 2007
Ms. Cyndi Karoly
401 Unit Supervisor
401 Oversight and Express Permits Unit
North Carolina Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
0 7- 1 7 1 6 ~~~ ~~~~~
~~~~~
Principals:
John J. Devine, P.E., President
John C. Tubell, P.E.
James M. Lynch
Edwin C. Luttrell, P.E.

1~~~,n - wn~-~r~ c~uArairv
yVr~tANC~,~ A~)p St'~~N,A"11rR 9RANCH
Subject: Proposed Duke Energy Power Canal Access Area Construction
Macon County, North Carolina
Nationwide Permit 18 Pre-Construction Notification
Dear Ms. Karoly:
Duke Energy Carolinas, LLC (Duke) is proposing to build an access area with a concrete fishing
platform in Macon County, North Carolina. The proposed site is located approximately 8.1
miles east of Andrews, North Carolina, and approximately 16.8 miles west of Franklin, North
Carolina. The proposed site is located along Wayah Road southeast of the Nantahala
Powerhouse. Devine Tarbell & Associates, Inc. (DTA), under contract from Duke, conducted
the environmental studies associated with the proposed access area.
On March 16, 2007, DTA scientists conducted formal waters of the U.S. delineation and a rare,
threatened, and endangered (RTE) species survey of the proposed project area. An additional
RTE species survey was conducted on July 6, 2007, for a flowering plant survey based on
comments received from the U.S. Fish and Wildlife Service (USFWS). Jurisdictional wetlands
and waters of the U.S. were surveyed and mapped using the routine methodology outlined within
the 1987 Army Corps of Engineers Delineation Manual. The North Carolina Natural Heritage
Program Element Occurrence database and the USFWS RTE species database were consulted for
information and locations of known RTE species within Macon County. During the field
investigation, all known elements and their preferred habitats occurring within the county were
surveyed for by experienced DTA personnel.
T: 704.377.4182 400 S. Ttyon Street, Suite 2401, Charlotte, NC 28285 F: 704.377.4185
Portland, Maine (:harlotte, North Carolina
207.775.4495 704.377.4182
Sacramento, California York, Pennsylvania
916.564.4214 717.741.9850
www Devine 1'arbell.com
Syracuse, New York Seattle, Washington Bellingham, Washington Boise, Idaho
315.451.2325 425.391.0523 360.671.1150 208.319.1977

Ms. Cyndi Karoly
October 3, 2007
Page 2
DTA
Investigators identified and mapped one jurisdictional perennial stream, the Nantahala River
Bypassed Reach, within the project area. No jurisdictional intermittent streams or associated
jurisdictional wetlands were identified. Additionally, field studies for state and federal RTE
species found no target individuals or populations within the subject property.
Duke respectfully requests that the proposed impacts to construct the fishing platform, which
include small amounts of fill to the Nantahala River Bypassed Reach, be permitted under
Nationwide Permit (NWP) 18 -Minor Discharges.
The project is located in a North Carolina Wildlife Resources Commission (NCWRC) designated
trout county and requires submission of a United States Army Corps of Engineers
(USACE)/North Carolina Department of the Environment and Natural Resources -Division of
Water Quality (NCDWQ) joint pre-construction notification (PCN) and Clean Water Act
sections 404/401 permit application. DTA is sending two copies of the PCN to Mr. Tom Walker
of the USAGE, one copy to Mr. Brian Cole of the USFWS, and one copy to Mr. Dave McHenry
(Mountain Region Coordinator) of the NCWRC for comments and approval to permit impacts
within a North Carolina trout county. Duke has also solicited comments from the North Carolina
State Historic Preservation Office (NCSHPO) regarding the presence or absence of historic
resources within the subject property and conducted a field survey.
The enclosed materials are being sent for informational purposes only and as a courtesy; written
approval for this project is not required or requested. Duke and DTA appreciate the time and
effort the NCDWQ has put into this important project, and we look forward to providing you
with further assistance as required. Should you have any questions regarding this pre-
construction notification package, please contact me at [phone].
Sincerely,
DEVINE TARBELL & ASSOCIATES, INC.
Jay A. ylie
Scientist
Enclosures
cc: J. Carriker, Duke
T. Ziegler, DTA
File

oz-~7~s
PRE-CONSTRUCTION NOTIFICATION FOR
NATIONWIDE PERMIT 18
GENERAL CERTIFICATION # 3631
~~~~~~~~
~~~
Prepared for: Prepared by:
DUKE ENERGY ~~~~~~'~'~ °-~DEVINE TARBELL
1~
CAROLINAS, LLC. ~~~ ~ 1 C ~~ ~ & ASSOCIATES, INC.
'iNk~v'1tdL`a ~.!p ~i«??A+vairw", ~StA.":.'tt
~E ergy.
September 2007

1

Office Use Only' Form Version March 05
07-1716
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter ivot tipp-icaote ur ivir~ .~
' I. Processing
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Check all of the approval(s) requested for this project: ~~~~
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP-18: General
Certification #3631
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check l~r • [~ ~.,._
~ ~ - ~ ~. LJ
Applicant Information

O C ~ ~ '0 2007
Owner/Applicant Information
/IENR - k'VA1 i=R L2lS~lLiTY'
Name: Duke Energy Carolinas LLC. -Joseph Carrike~„ .,~,,.~ ~:~~, aTrv~tinue*~R A~n!c~l
Mailing Address: 526 South Church Street
Mail Code•EC12Q
Charlotte NC 28202
Telephone Number: (704) 382 - 8849 Fax Number:
E-mail Address: JWCarriker(a~duke-energy com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jay A Wylie
Company Affiliation: Devine Tarbell and Associates, Inc.
Mailing Address: 400 South Tryon Street
Suite 2401 Charlotte NC 28285
Telephone Number: (704) 342 - 7376 Fax Number: (704) 377 - 4185
E-mail Address: jay wylie devinetarbell com
Updated 11 / 1 /2005
' Page 1 of 8

III.

Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Power Canal Access Area
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0924233
4. Location
County: Macon Nearest Town: Andrews, North Carolina
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Andrews, North
Carolina: Follow US HWY's 19/74 to the North and East toward Bryson City. At
approximately 2.5 miles past Highway 129 turn to the right or south onto Wayah Road.
Follow Wayah Road past the Nantahala Powerhouse and over the Bridge Crossing the
Nantahala River Bypassed Reach. Project site is on the ri hg t adjacent to the River. -See
Attached Maps.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35° 16.215' °N 83° 40.518' °W
6
7
Property size (acres): 26.00
Name of nearest receiving body of water: Nantahala River
8. River Basin: Little Tennessee River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: See Project Narrative -Site Description
Updated I 1 / I /2005
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used: See
Project Narrative
1 1. Explain the purpose of the proposed work: See Project Narrative
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
I list and describe permits issued for prior segments of the same T.LP. project, along with
construction schedules. N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
i VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
I should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The impacts are associated with the
construction of the proposed Power Canal Access Area Fishing Platform and include a small
amount of fill (20 cu yds) below the ordinar~~h water mark.
Updated 11 / 1 /2005
1 Page 3 of 8

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
car,arataly list imnartc rlnP to tenth ctrnChlrP and fl(lC)din~_
-- ----- -- --- - --
Located within
Distance to
Area of
Wetland Impact Type of Wetland 100-year Nearest Impact
Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) es/no linear feet
N/A
Total Wetland Impact (acres) 0.00
3. List the total acreage (estimated) of all existing wetlands on the property: 0.00 acres

4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
,v,,,o* hA ;n~lnrlPil Tn ~alrnlata arraaaa mnltinly 1Pnuth X Wldt}l_ then (Iivide bV 43.560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
indicate on ma Before Im act linear feet) acres
I Nantahala River Fill Perennial 40 feet 40 feet 0.037
Bypassed Reach
Total Stream Impact (by length and acreage) 40 feet 0.037
1 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fll a}rravatinn rlrerlaina flnndinu drainage. h»lkheads_ etc.
1

Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) acres)

N/A
Total Open Water Impact (acres) 0.00
6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Impact (acres): 0.037
Wetland Im act (acres): 0.00
Open Water Impact (acres): 0.00
Total Im act to Waters of the U.S. (acres) 0.037
Total Stream Impact (linear feet): 40 feet
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
' applies to waters that have specifically been determined to be isolated by the USACE.
Updated 11 / 1 /2005
Page 4 of 8

1 8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
I local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
' VII. Impact Justification (Avoidance and Minimization)
' Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
i site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. All fill materials will consist of
' either cured clean concrete rubble or rip-rap. Sealed forms will be used for any poured concrete.
No live concrete will come into contact with any waters of the US or waters of the state. See
project narrative
t
VIII. Mitigation
' DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
1 but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of

Updated 11 / 1 /2005
Page 5 of 8

1

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1

1
1

IX.
1

aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation necessary
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/pales/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Updated 11 / 1 /2005
Page 6 of 8

Yes ^ No ^
1 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
' X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
I required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
1 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multi liers.
Zone* Impact Multiplier Required
(srniare feed Mltlffatiori
I 3 (2 for Catawba)
I 2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
1 Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
1 XI. Stormwater (required by DWQ)
Describe tmperv~ous acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Impervious areas are very limited in association
with this project The concrete walkway and fishing platform will be the only impervious areas.
The total is less than 0 IO acres within the 26.00 total acres associated with the project. The
project will comply with all state Stormwater requirements.
Updated 1 I / 1 /2005
1 Page 7 of 8

XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No wastewater will be generated from the proposed project. Portable toilets will be in place
during~constniction
I XIII. Violatians (required by DWQ)
Is this site in violation of DWQ Wetland Rules (1 SA NCAC 2H .0500) or any Buffer Rules'?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts} result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
httpa/h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
Access Area fishinv platform and associated parking facilities are required by the FERC throu~~h
the Nantahala Area Settlement Agreement No additional development is anticipated or planned
in association with this small recreation amenity project
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desu~ed
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

~~~~~ ~-~-~7
~{ licant/Agen ' Signature Date
nt's signature is valid only if an authorization letter from the applicant is provided.)
Updated I I / I /2(~>
Page 8 of 8

JURISDICTIONAL WATERS OF THE U.S. AND
PROTECTED SPECIES REPORT
ASSOCIATED WITH THE PROPOSED
POWER CANAL ACCESS AREA
i
1
1
Prepared for:
DUKE ENERGY
CAROLINAS, LLC.
~Ene~'9Y•
September 2007
Prepared by:
DEVINE TARBELL
& ASSOCIATES, INC.
T
A~
Ikvrnt Tarhr9~ & ;\.+.~ci:+~ra, Inc.

Duke Energy Carolinas, LLC Power Canal Access Area
Jurisdictional Resources and Protected Species Survey Report

1

i
1
TABLE OF CONTENTS
1.0 INTRODUCTION .................................................................................................... 1
2.0 STUDY METHODS ............................................................................................... .. 6
2.1 Jurisdictional Waters Determinations .................................................................. .. 6
2.2 Protected Species Survey ..................................................................................... .. 7
3.0 SURVEY RESULTS .............................................................................................. .. 8
3.1 Wetlands .............................................................................................................. .. 8
3.2 Surface Waters ..................................................................................................... .. 8
3.3 Rare, Threatened, and Endangered Species ......................................................... .. 8
4.0 PROPOSED IMPACTS TO JURISDICTIONAL WATERS OF THE US
INCLUDING WETLANDS ................................................................................... 19
5.0 CONCLUSION ....................................................................................................... 20
6.0 LITERATURE CITED ........................................................................................... 21
APPENDICES ...................................................•---•-------..............................................-----24
APPENDIX A -STATEMENTS OF COMPLIANCE WITH NATIONWIDE AND
REGIONAL CONDITIONS
APPENDIX B -AGENCY CORRESPONDENCE
APPENDIX C -PHOTOGRAPHS
APPENDIX D - A GENT A UTHORIZA TION LETTER
APPENDIX E -ADDITIONAL LAND CLEARING G UIDELINES
1

Duke Energy Carolinas, LLC Power Canal Access Area
Jurisdictional Resources and Protected Species Survey Report
1.0 INTRODUCTION
Duke Energy Carolinas, LLC. (Duke) is proposing to build a recreation access area
' (Power Canal Access Area) near Aquone in Macon County, North Carolina (Figure 1).
The proposed recreation access area (subject property) will be located along Wayah Road
and the Nantahala River Bypassed Reach, approximately 0.6 mile south of the US-
19/US-74 and Wayah Road intersection (Figures 2 and 3). In association with this
1 project, Duke requested that Devine Tarbell & Associates, Inc. (DTA) conduct a
delineation of the subject property to identify jurisdictional waters, as well as the location
of any federally protected species occurring within the property boundaries.
1 According to field study findings, there is one jurisdictional riverine habitat (Cowardin
1979), the Nantahala River Bypassed Reach, located within the subject property. No
jurisdictional perennial streams, intermittent streams, or associated jurisdictional wetland
systems were noted. Additionally, field studies for federally rare (candidate), threatened,
and endangered (RTE) species found no target individuals or populations within the
subject property. No impacts to any RTE species listed for Macon County are anticipated
from this project.
The proposed access area will feature a concrete fishing platform alongside the river.
Therefore, the Nantahala River Bypassed Reach will have minor permanent impacts
associated with the proposed project (Figure 4). Duke respectfully requests that these
impacts be authorized under Nationwide Permit (NWP) 18 -Minor Discharges. As
mentioned above, The Nantahala River Bypassed Reach will be impacted by the
permanent fill associated with the proposed fishing platform. The impacts from the
r platform below the ordinary high water mark is approximately six cubic yards of fill.
Although this impact falls below the pre-construction notification (PCN) for NWP 18,
' this project is located within a North Carolina Wildlife Resources Commission
(NCWRC) designated trout county, and a PCN and consultation with the NCWRC is
r required. All resources and impacts are fully described below and in the PCN.
Statements of compliance with nationwide and regional conditions and related agency
' correspondence are provided in Appendices A and B, respectively.
1

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Jurisdictional Resources and Protected Species Survey Report
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Duke Energy Carolinas, LLC
Power Canal Access Area
Jurisdictional Resources and Protected Species Survey Report
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Duke Energy Carolinas, LLC Power Canal Access Area
Jurisdictional Resources and Protected Species Survey Report
2.0 STUDY METHODS
The field surveys were conducted in March 2007 and again in July 2007 by DTA
biologists to document specific jurisdictional waters of the U.S. resources and the
potential occurrence of RTE species that could be located within the subject property.
Resources assessed during this effort included jurisdictional waters, including wetlands
and RTE species.
2.1 Jurisdictional Waters Determinations
During the field surveys, jurisdictional waters, not including wetlands, were delineated by
locating the ordinary high water mark (OHWM) to indicate the lateral limits of the
jurisdiction. The term "ordinary high water mark" means that the line on the shore
established by the fluctuations of water and indicated by physical characteristics such as a
clear, natural line impressed on the bank, shelving, changes to the character of soil,
destruction of terrestrial vegetation, presence of litter and debris, or other appropriate
means that consider the characteristics of the surrounding area. This guidance is from the
USACE Regulatory Guidance Letter No. OS-OS dated December 7, 2005.
Additionally, any jurisdictional wetlands found within or immediately adjacent to the
subject property would be delineated using the 1987 U.S. Army Corps of Engineers
(USACE) wetland delineation method (Environmental Laboratory 1987). This technique
uses amulti-parameter approach, which requires positive evidence of three criteria:
^ Hydrophytic vegetation -Hydrophytic vegetation (i.e., wetland plants) were
identified in the field and cross-referenced with the national list of plant species
that occur in southeast wetlands (USFWS 1988).
^ Hydric soils - In the field, soil profiles and characteristics were documented
through approximately 18 inches in depth from the surface or immediately below
the "A" horizon, whichever was deeper. Field indicators for identifying hydric
soils (e.g., depletions, low chroma, and iron/manganese concretions) were used to
determine the wetland status of the site.
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Jurisdictional Resources and Protected Species Survey Report
' Wetland h drolo
Y gy -Primary and secondary hydrologic indicators such as soil
saturation to the surface, standing water in the soil auger pits, rafted debris, and
' surface drainage patterns were also used to identify wetland areas.
Areas exhibiting the above wetland characteristics, as well as surface waters, would be
considered jurisdictional and marked in the field with surveyor tape.
2.2 Protected Species Surve
Y
The field investigations for the subject property focused on species that are listed as
federally threatened or endangered. The North Carolina Natural Heritage Pro ram
(NCNHP) maintains a database of "elements of natural diversity" within the stategand
this database was referenced to obtain a current list of threatened or endangered species
that could potentially occur on the subject property. In addition to the NCNHP database
the investigators also reviewed the U.S. Fish and Wildlife Service's (USFWS) 2003
listing of "Endangered, Threatened and Candidate Species and Federal Species of
Concern for Macon County, North Carolina."
Guide
d by information compiled during the review process, field surveys were conducted
to ascertain and document the extent to which threatened or endangered species could
potentially be affected by the proposed project. The subject property was then searched
by DTA biologists with experience in the listed species. The survey team systematicall
investigated all of the proposed project area. y

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Duke Energy Carolinas, LLC
3.0 SURVEY RESULTS
3.1 Wetlands
Power Canal Access Area
Jurisdictional Resources and Protected Species Survey Report
Based on the field surveys, no wetland systems are determined to be located within
and/or immediately adjacent to the subject property.
3.2 Surface Waters
Based on the field surveys, there is one jurisdictional riverine habitat, the Nantahala
River Bypassed Reach, located within the property, but no jurisdictional perennial or
intermittent stream systems were noted. The Nantahala River Bypassed Reach flows to
the north, converging with the Fontana Reservoir. The Nantahala River Bypassed Reach
is located immediately adjacent to the project boundary. This drainage appears to be a
bed and bank river reach. The river channel is approximately 40 feet wide and
approximately 4 feet deep with agravel/cobble substrate. The gradual sloping to near
vertical channel banks are approximately 2 feet deep.
The general location of the surface water location is depicted in Figure 3. Photographs of
the drainage are located in Appendix C of this report.
3.3 Rare, Threatened, and Endangered Species
As stated previously, DTA reviewed the NCNHP and USFWS databases for Macon
County, North Carolina, concerning protected species in the project area. The databases
listed several rare (candidate, threatened, or endangered) wildlife and plant species for
Macon County. Nine known federally protected species were documented in Macon
County: Bog Turtle (Clemmys muhlenbergii), Indiana Bat (Myotis sodalis), Sicklefin
Redhorse (Moxostoma sp. 1), Spotfin Chub (Erimonax monachus), Appalachian Elktoe
(Alasmidonta raveneliana), Littlewing Pearlymussel (Pegias fabula), small whorled
pogonia (Isotria medeoloides), Virginia spiraea (Spiraea virginiana), and rock gnome
lichen (Gymnoderma lineare).
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Jurisdictional Resources and Protected Species Sur ey R port
Boy Turtle
The southern Bog Turtle, considered federally threatened by similar appearance (NCNHP
2006), is a small turtle with a light brown to black carapace (may have yellowish or
reddish areas on large scutes), strongly sculptured with growth lines, and an
inconspicuous keel. The plastron is mainly dark brown to black, and the head is brown
with a large yellow, orange, or occasionally red blotch above and behind the tympanum
(blotch may be divided). Adult carapace length is usually 3 to 3.5 inches, but can reach
up to 4.5 inches (NatureServe 2003).
' The habitat of this species consists of "slow, shallow, muck-bottomed rivulets of
sphagnum bogs, calcareous fens, marshy/sedge-tussock meadows, spring seeps, wet cow
pastures, and shrub swamps; habitat usually contains an abundance of grassy or moss
cover. The turtles depend on a mosaic of microhabitats for foraging, nesting, basking,
hibernation, and shelter" (USFWS 2004).
The southern Bog Turtle population is separated from the northern population b
approximately 250 miles. However, individual Bog Turtles in the southern population
1 closely resemble individuals in the northern Bog Turtle population, causin diffic
enforcing prohibitions protecting the northern population. Therefore, g he USFy to
' designated the southern population as "threatened by similarity of a earance." WS
pp Per the
USFWS, "this designation prohibits collecting individual turtles from this population and
bans interstate and international commercial trade. It has no effect on land
management
activities of private landowners in southern states where the bog turtle lives" (USFWS
2004).
No populations of this turtle species are known to exist withi
n the subject property
boundary. Likewise, no individuals or evidence of them was observed during the field
survey. Additionally, no habitat was observed Burin th
g e site visits. Therefore, no
impacts to this species are anticipated from this project.

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Jurisdictional Resources and Protected Species Survey Report
Indiana Bat
This federally endangered bat is a medium-sized myotis, closely resembling the little
brown bat (Myotis lucifugus) but differing in coloration. Its fur is a dull grayish chestnut,
with the basal portion of the hairs of the back a dull lead color. This bat's underparts are
pinkish to cinnamon in color, and its hind feet are smaller and more delicate than those of
the little brown bat. The heel (calcar) is strongly keeled (USFWS 1991).
The Indiana Bat occurs in the Midwest and eastern United States, from the western edge
of the Ozark region in Oklahoma to southern Wisconsin, east to Vermont, and as far
south as southern Florida (USFWS 1991). During the summer months, it is apparently
absent south of Tennessee; during the winter months, it is apparently absent from
Michigan, Ohio, and northern Indiana, where suitable caves and mines are unknown.
Approximately 500,000 individuals of this species still exist (USFWS 1991).
The Indiana Bat utilizes limestone caves for winter hibernation. The preferred cave
temperature averages 37 to 43 degrees Fahrenheit in midwinter (USFWS 1991). Summer
roosts generally consist of large, dead trees with peeling bark, although some individuals
have been found under bridges and in old buildings. Forage areas average 11.2 acres per
animal in midsummer. Female and juvenile foraging areas consist of forested
floodplain/riparian areas, while males prefer floodplain ridges and hillside forests
(USFWS 1991).
The breeding period usually occurs during the first 10 days of October on the ceilings of
large rooms near the entrances to caves just before the hibernation period (USFWS
1991). Birth usually takes place during June, with each female bearing a single offspring.
Twenty-five to 37 days are required for the young to develop to the flying and
independent feeding stages (USFWS 1991).
No known occurrences of this species are located within the area of project impact. No
known limestone caves are located within the area of project impact. Moreover, only
four trees containing potential habitat, but not known to contain any bats, will be
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removed during construction. No impacts to this species are anticipated from this
project.
Sicklefin Redhorse
This candidate species is a member of the sucker family (Catostomidae) that reaches a
size of up to 2.2 inches and weight of up to 11 ounces (Duke Energy 2003). Unlike other
redhorse species, it has a highly falcate dorsal fin that, when depressed, shows the first
few anterior rays extending beyond the tip of the most posterior dorsal ray. The elongate
body is dorsally compressed with a rounded bulbous snout. Dorsal rays number 12 to 14;
' pelvic rays may be 9-9 or 10-10. Breeding males exhibit nuptial tubercles on the anal
and caudal fins. Body coloration varies from olive to coppery to brassy. Ventral fins are
dusky to dark with pale-edges and are frequently tinted yellow to orange. The dorsal fin
is olive but may be partly red. The caudal fin is distinctly red distally (Duke Energy
2003).
The Sicklefin Redhorse is strictly limited to southwestern North Carolina streams and
' lakes, and a small tributary in northwest Georgia within the Appalachian Mountain
Province (Nantahala Power 2003). Preferred habitat includes cool to warm streams with
moderate gradients. Stream width ranges from 60 feet to 300 feet (Sicklefin are found in
deep, clear lakes with steep banks) (Duke Energy 2003).
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This species is not known to exist within the Nantahala River and no known occurrences
are within the area of project impact. Due to the nature of the project, some disturbance
to the river banks is expected. However, all appropriate erosion and sedimentation
control measures will be installed and monitored through the life of the project. No
impacts to this species are anticipated from this project.
Snotfin Chub
The federally threatened Spotfin Chub is a small, slender fish, not exceeding 4 inches in
length. Juveniles, females, and nonbreeding males have tan-, gray-, or olive-colored
backs; bright silvery sides; and white bellies. A dark spot is sometimes visible at the base
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of the tail. Large breeding males have olive or tan backs, brilliant iridescent turquoise, or
royal blue on the upper sides of their bodies, and midsides and bellies that are silvery
cream. Their fins are satiny turquoise and sometimes have a gold glint. The Spotfin
' Chub spawns from mid-May to early September. Females deposit eggs in crevices
between rocks. Males fertilize the eggs and stay to defend the eggs by swimming
repeatedly over the nest site. Although some individuals may spawn at one year of age,
most Spotfin Chubs reach sexual maturity at two years of age. Spotfins apparently do not
live past three years of age (Jenkins and Burkhead 1993).

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The Spotfin inhabits clear water over gravel, boulders, and bedrock in large creeks and
medium-sized rivers having moderate current. The fish is rarely seen over sand, and this
species appears to avoid silty areas. The Spotfin feeds by sight and taste on tiny insect
larvae that occur on the stream bottom (Jenkins and Burkhead 1993).
The USFWS has designated critical habitat for this species which includes the Little
Tennessee River, main channel from the backwaters of Fontana Lake upstream to the
North Carolina-Georgia state line. This is noted in the September 22, 1977, Federal
Register, 42:47840-47845.
This species is not known to exist within the Nantahala River and no known occurrences
are within the area of project impact. Due to the nature of the project, some disturbance
to the river banks is expected. However, all appropriate erosion and sedimentation
control measures will be installed and monitored through the life of the project. No
impacts to this species or its critical habitat are anticipated from this project.
Appalachian Elktoe
The known range of the endangered Appalachian Elktoe is restricted to tributaries of the
Tennessee River in East Tennessee and western North Carolina. In Tennessee, the
species is known only from a short reach of the Nolichucky River. In North Carolina, it
is now known to occur in short reaches of the Nolichucky, North Toe, South Toe, Cane,
Pigeon, and Little Rivers (French Broad River system); and the Little Tennessee,
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Tuckasegee, and Cheoah Rivers (Little Tennessee River system). Historically, it was
also found in Tulula Creek (Little Tennessee River system), the mainstem of the French
Broad River, and the Swannanoa River (French Broad River system), but has apparently
been eliminated from those streams (USFWS 2007; NC Ecological Services 2007).
Relatively little is known about the microhabitat re uirements of thi
q s animal. The
Appalachian Elktoe is known to inhabit relatively shallow, medium-sized rivers and large
creeks with cool, well oxygenated, and moderate to fast-flowing water, generally at
' depths of less than 3 feet. It is found in a varie of substrate
tY types including gravel
mixed with cobble and boulders; in cracks in bedrock; and in relatively silt-free, coarse
sand. Substrate stability appears to be critical to the Appalachian Elktoe, and it is seldom
found in stream reaches with excessive accumulations of silt or other shifting substrata
1 (USFWS 2007; NC Ecological Services 2007)
1 The Appalachian Elktoe is generally identified as along-term brooder. Gravid
Appalachian Elktoe have been found in the Little Tennessee River in October through
1 January. Both the Banded Sculpin (Cottus carolinae) and the Mottled Sculpin (C.
bairdii) have been identified as fish hosts for this mussel. Based nn ~,,,-rP„r crnlnin
taxonomy and distributions, the mottled sculpin most likely serves as a host in North
Carolina streams. The life span and many other aspects of this mussel's life history are
1 presently unknown. Anecdotal observations suggest that it is relatively fast-growing and
short-lived (approximately 10 years) (USFWS 2007; NC Ecological Services 2007).
In a
ssociatton with the federal Endangered Species Act (ESA) of 1973, the USFWS has
prepared and enacted a species recovery plan for the federally endangered Appalachian
Elktoe mussel (USFWS 1996a). The immediate goal of this plan is to maintain the only
known surviving populations and protect the remaining habitat from present and future
threats (USFWS 1996a). According to the USFWS, the intermediate goal of the plan is
to restore and maintain the species throughout a significant portion of its historic range in
the Little Tennessee, French Broad, and Nolichucky River systems and down list the
1 species from endangered to threatened. The ultimate goal of the recovery plan is to
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w
recover the species to a point where it can be removed from the Federal List of
endangered and threatened wildlife (USFWS 1996a). However, reaching this may not be
possible due to the restricted distribution of the mussel and the lack of suitable habitat
' remaining in the historic range.
The USFWS has designated critical habitat for this species (Fridell 2001 in Federal
Register 2002). The areas include 24 river miles of the Little Tennessee River from
Franklin Dam downstream to the backwaters of Fontana Reservoir in Swain and Macon
counties, North Carolina; and 26 river miles of the Tuckasegee River from the N.C. State
Route 1002 Bridge in Cullowhee, downstream to the N.C. Highway 19 Bridge, north of
Bryson City, Jackson, and Swain counties, North Carolina.
This species is not known to exist within the Nantahala River and no known occurrences
are within the area of project impact. Due to the nature of the project, some disturbance
to the river banks is expected. However, all appropriate erosion and sedimentation
control measures will be installed and monitored through the life of the ro'ect. No
p J
impacts to this species are anticipated from this project.
Littlewin Pearl mussel
The endangered Littlewing Pearlymussel measures only 1.5 inches in len th an
g d 0.5 mch
in width. Its outer shell is usually eroded, presenting a chalky or ashy white appearance.
When uneroded, the natural shell color is light green or dark ellowish
y brown with dark
I rays of varying length across the front.
Most aspects of the species' ecology and reproductive cycle are unknown, but the
littlewing probably reproduces like other adult freshwater mussels. Males release sperm
into the water, which is then drawn into the female's gills during feeding and respiration.
Fertilized eggs remain in the gills until the larvae fully develop, and are released into the
water. Following their release, the larvae attach to a fish host, develop, and drop to the
streambed as a juvenile mussel. Gravid female mussels have been observed in September
and October, and spent females have been observed in March (Ahlstedt 1986).
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Observations indicate that the littlewing may breed over the winter, holding its larvae
from midsummer until the following spring. Although the fish host(s) is still unknown,
the Banded Sculpin and the Redline Darter (Etheostoma rufilineatum) are sometimes
found in the same habitat as the littlewing (Ahlstedt 1986).
Only 17 live mussels were found in six short stream reaches of the Tennessee and
Cumberland rivers basin during an extensive survey in 1986. Over 55 potential or
historic habitat areas were searched. The species, always rare, is now known to exist in
only three sites in southeastern Kentucky, two in southwestern Virginia, and one in
central Tennessee. The largest and healthiest population of the species (seven
individuals) is found in Horse Lick Creek in Jackson and Rockcastle counties, Kentucky.
This population extends at least 10 creek miles from the mouth of White Oak Creek
upstream to Clover Bottoms (USFWS 1990). The other two Kentucky sites are located in
the Big and Little South Forks of the Cumberland River in McCreary and Wayne
counties. The two Virginia locations are in the Clinch River in Tazewell County, and in
the North Fork Holston River in Smyth and Washington counties. In Tennessee, the
species is found in Cane Creek in Van Buren County (Ahlstedt 1986).
This species is not known to exist within the Nantahala River and no known occurrences
are within the area of project impact. Due to the nature of the project, some disturbance
to the river banks is expected. However, all appropriate erosion and sedimentation
control measures will be installed and monitored through the life of the project. No
impacts to this species are anticipated from this project.
Small Whorled Po~onia
The small whorled pogonia, which is federally threatened, stands 3.7 to 9.8 inches tall
and has pale, dusty green, drooping leaves. Its preferred habitat is wooded slopes with a
slight to moderate grade and along streams, where leaf litter and woody debris
accumulate to form a thick "duff' layer. Its flowering period is from May to June
(Radford et al. 1968). When not in flower, young plants of Indian cucumber-root
(Medeola virginiana) also resemble small whorled pogonia. However, the hollow stout
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Jurisdictional Resources and Protected Species Survey Report
stem
of Isotrza will distinguish it from the genus Medeola, which has a solid, more
slender stem (USFWS 2007; NC Ecological Services 2007).
This species is not known to exist within the project area (survey data March and July
2007) and no known occurrences are within the area of project impact. Due to the nature
of the project, some disturbance to the river banks is expected. However, all appropriate
erosion and sedimentation control measures will be installed and monitored through the
life of the project. No impacts to this species are anticipated from this project.
Virginia S iraea
Virginia spiraea, a federally threatened species is a shrubby plant reaching heights of 2 to
10 feet. The plant has arching, upright stems and typically grows as a single individual,
but can also grow in clumps. Its alternate leaves are of different sizes and shapes and
' have a powdery layer on the undersurface. These variable leaves are typically a narrow
ellipse in shape with a tapered base and a short bur at the tip. The white to occasionally
' pink flowers of this species grow in flat-topped clusters at the ends of a branching stalk
(USFWS 1991; Radford et al. 1968). Flowering of this species occurs from June to July,
with the fruiting period occurring from August to September. Virginia spiraea has less
than 30 known populations occurring in six states including West Virginia, Virginia,
Tennessee, Kentucky, Georgia, and North Carolina. In these six states, it is found alon
g
streams on gravel bars, rocky ledges, and boulder/cobble rubble in riparian habitats
periodically scoured and disturbed by flowing water.
' Based on survey data from March and July 2007, this species is not know
n to exist wrthm
the project area and no known occurrences are within the area of project impact. Due to
' the nature of the project, some disturbance to the riverbanks is ex
pected. However, all
appropriate erosion and sedimentation control measures will be installed and monitored
through the life of the project. No impacts to this s e '
p cies are anticipated from this
project.

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Rock Gnome Lichen
The endangered rock gnome lichen is a squamulose lichen in the reindeer moss family.
This species is the only member of its genus occurring in North America. It occurs in
rather dense colonies of narrow straps (squamules) (USFWS 1996b). The only similar
lichens are the squamulose lichens of the genus Cladonia. Rock gnome lichen has
terminal portions of the straplike individual lobes that are blue-grey on the upper surface
and generally shiny-white on the lower surface; near the base they grade to black (unlike
squamulose Cladonia, which are never blackened toward the base). The squamules are
about 1 millimeter across near the tip, tapering to the blackened base, sparingly and
subdichotomously branched, and generally measure about 0.39 to 0.79 inch long,
although this can vary somewhat, depending on environmental factors (USFWS 1996b).
The squamules are nearly parallel to the rock surface, but the tips curl away from the
rock, approaching or reaching a perpendicular orientation to the rock surface. The
fruiting bodies (apothecia) are borne at the tips of the squamules and are black
(contrasting to the brown or red apothecia of Cladonia species). The apothecia are borne
singly or in clusters, usually at the tips of the squamules but occasionally along the sides;
these have been found from July through September. The apothecia are either sessile or
borne on short podetia measuring 0.04 to 0.08 inch, with most being much smaller. The
apothecia are cylindrical in shape and radial in symmetry. The primary means of
propagation of this lichen appears to be asexual, with colonies spreading clonally
(USFWS 1996b).
Rock gnome lichen is endemic to the southern Appalachian Mountains of North Carolina
and Tennessee, where it is limited to 32 populations. Only seven of the remaining 32
populations cover an area larger than 2.4 square yards. Most are 3.3 feet or less in size
(USFWS 1996b).
Rock gnome lichen occurs only in areas of high humidity, either at high elevations where
it is frequently bathed in fog, or in deep river gorges at lower elevations. It is primarily
limited to vertical rock faces where seepage water from forest soils above the cliffs flows
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at (and only at) very wet times. Most populations occur above an elevation of 5,000 feet
(USFWS 1996b).
Based on survey data from March and July 2007, this species is not known to exist within
the project area and no known occurrences are within the area of project impact.
Additionally, no suitable habitat for this species has been located within the project area.
No impacts to this species are anticipated from this project.
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4.0 PROPOSED IMPACTS TO JURISDICTIONAL WATERS OF THE US
INCLUDING WETLANDS

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Proposed impacts to jurisdictional waters of the U.S. will be limited to the installation of
a concrete fishing platform listed on the site plan map as "Fishing Platform" (Figure 4).
The concrete fishing platform will require less than 25 cubic yards of fill below the
ordinary high water mark. The fill will consist of an approved rubble base (e.g., "clean"
concrete rubble and rip-rap) and poured concrete. The concrete will be poured into
tightly sealed forms, ensuring that no live concrete comes into contact with any surface
waters. Any tree clearing will be done with hand tools. Construction of the concrete trail
and fishing platform will require the use of small mechanized equipment (e.g., bobcat),
wheelbarrows, and other hand tools. Concrete trucks will be parked in the proposed
parking area. Please refer to the preconstruction notification form for impact details. No
impacts to jurisdictional wetlands are currently proposed. Duke requests that these
impacts be authorized under Nationwide Permit 18 -Minor Discharges.
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5.0 CONCLUSION
The jurisdictional waters and RTE species survey performed in March and July 2007 on
the subject property near Aquone in Macon County, North Carolina, identified one
jurisdictional riverine system. This jurisdictional area was identified in the field for
construction purposes and can be located in the field by a licensed land surveyor during
' construction. Please note that all delineation lines are preliminary prior to any regulatory
' verification by the USACE. No evidence of any protected species was found during the
field surveys.

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6.0 LITERATURE CITED
Ahlstedt, S. A. 1986. A Status Survey of the Little-wing Pearlymussel (Pegias fabula)
(Lea 1838). Report Submitted in Fulfillment of U.S. Fish and Wildlife Service
Contract No. 14-16-0004-84-927. 38 pp.
Cowardin, L. M., V. Carter, F. C. Golet, E. T. LaRoe. 1979. Classification of wetlands
and deepwater habitats of the United States. U. S. Department of the Interior,
Fish and Wildlife Service, Washington, D.C. 131pp.
Duke Energy Corporation. 2003. Franklin Hydroelectric Project FERC #2603. Final
License Application.
Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual,"
Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station,
Vicksburg, MS.
Fridell, J. A. 2001. Endangered and Threatened Wildlife and Plants: Proposed
Designation of Critical Habitat for the Appalachian Elktoe. 50 CFR Part 17, RIN
1018-AH33 in Federal Register 66(27): 9540-9555.2002.
Jenkins, R.E. and N.M. Burkhead. 1993. Freshwater fishes of Virginia. American
Fisheries Society, Bethesda, Maryland.
NatureServe. 2003. NatureServe Explorer: An Online Encyclopedia of Life [web
application]. Version 1.8. NatureServe, Arlington, Virginia.
http://www.natureserve.org/explorer (accessed May 2007). Bog Turtle.
North Carolina Natural Heritage Program-Division of Parks and Recreation. 2005.
Macon County Database Search. http://www.ncnhp.org/Pa~es/heritagedata.html
(accessed May 2007).
21

Duke Energy Carolinas, LLC Power Canal Access Area
Jurisdictional Resources and Protected Species Survey Report

1

1

Patrick, Allison and Krakow. 1995. Protected Plants of Georgia. Georgia Department of
Natural Resources; Wildlife Resources Division; Georgia Natural Heritage
Program. 246pp.
Radford, A. E., H. E. Ahles, and C. R. Bell. 1968. Manual of the Vascular Flora of the
Carolinas. University of North Carolina Press. Chapel Hill, NC. 1184 pp.
U.S. Fish and Wildlife Service. 1991. Indiana Bat. Endangered and Threatened Species
of the Southeastern United States (The Red Book). FWS Region 4 -- As of 2/91.
USFWS Division of Endangered Species, Species Accounts.
http://www.fws.gov/endangered/i/a/saa08.htm1(accessed June 2007).
U.S. Fish and Wildlife Service. 1996a. Recovery Plan for the Appalachian Elktoe
(Alasimidonta raveliana). USFWS, Southeast Region. Atlanta, Georgia. 44 pp.
U.S. Fish and Wildlife Service. 1996b. Rock Gnome Lichen. Endangered and Threatened
Species of the Southeastern United States (The Red Book). FWS Region 4 -- As
of 1/96. USFWS Division of Endangered Species, Species Accounts.
http://www.fws.~ov/endangered/i/u/sau02.htm1(accessed June 2007).
U.S. Fish and Wildlife Service. 2004. Bog Turtles in North Carolina. http://nc-
es.fws.gov/reptile/bogtur.html (accessed May 2007).
U.S. Fish and Wildlife Service. 2007. Listing of Endangered, Threatened and Candidate
Species and Federal Species of Concern for Macon County, North Carolina.
U.S. Fish and Wildlife Service - NC Ecological Services. 2007. http://nc-es.fws.gov/
(accessed May 2007).
22

' Duke Energy Carolinas, LLC Power Canal Access Area
Jurisdictional Resources and Protected Species Survey Report
U.S. Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants:
' Determination of Endangered Species Status for the Little-wing Pearly Mussel.
Federal Register 53:219:45861-45865.
U.S. Fish and Wildlife Service.Technical/Agency Draft Recovery Plan for Little-wing
Pearly Mussel (Pegias fabula). USFWS, Atlanta, Georgia. 42 pp.

1
1

23

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1

APPENDICES

1
1
APPENDIX A
' STATEMENTS OF COMPLIANCE WITH NATIONWIDE AND
REGIONAL CONDITIONS

1

1

1
1
1
1
1
1
1
1
1
1
Summary of Information for
Pre-construction Notification to Section 404 Nationwide Permit
For Minor Discharges (NWP 18)
• Date:
June 25, 2007
• Permit Applicant:
Duke Energy Carolinas, LLC.
526 South Church Street
Charlotte, NC 28202
EC012Q
Attention: Mr. Joseph W. Carriker
• Permit Prepared By:
Mr. Jay A. Wylie, Scientist
Devine Tarbell and Associates, Inc.
400 S. Tryon St.
Suite 2401
Charlotte, NC 28285
[phone]
• Project Name:
Power Canal Access Area
• Project Location:
From Andrews, North Carolina: Follow US HWY's 19/74 to the North and East toward Bryson
City. At approximately 2.5 miles past Highway 129 turn to the right or south onto Wayah Road.
Follow Wayah Road past the Nantahala Powerhouse and over the Bridge Crossing the Nantahala
River Bypassed Reach. Project site is on the right adjacent to the River. Project is located at 35°
16.215'N 83° 40.518'W
• Description of Proposed Project:
The project includes the construction of a gravel parking lot, an ADA concrete walkway,
and an ADA concrete fishing platform. Standard land clearing and other construction
equipment will used to complete this project unless otherwise noted.
• Other Project Information:
None

The following information pertains to the specific conditions related to eligibility for
a Nationwide Permit and listed in 33 CFR 330.
General Conditions:
Navigation. The project activity will not cause an adverse effect on water
navigation.
2. Proper maintenance. Any project structure or authorized fill will be properly
maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation controls will be
used and maintained in effective operating condition during construction, and all exposed
soil and fills, will be stabilized at the earliest practicable date.
' 4. Aquatic life movements. No project activity will substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody, including those
species which normally migrate through the area. Additionally, all culverts will be
installed in such a way as to avoid impacts to aquatic life and flows in the affected
streams.

1
5. Equipment. No wetlands are located on the project site.
6. Regional and case by case conditions. The activity will comply with any
regional conditions that maybe added by the Division Engineer.
7. Wild and Scenic Rivers. No National Wild or Scenic River or rivers under study
will be affected by this proposed project.
8. Tribal Rights. This activity will not affect reserved tribal rights, including, but
not limited to, reserved water rights and treaty fishing and hunting rights.
9. Water quality certification. The applicant understands that this notification will
be forwarded to the North Carolina Department of Environment, Health, and Natural
Resources (NCDENR) for review concerning Section 401 Water Quality Certification.
10. Coastal zone management. Because this proposed project will not encroach
upon state tidewaters or lands within the jurisdiction of the state Coastal Management
Agency, no coastal management consistency must be obtained.
11. Endangered Species. The NCDENR and the U.S. Fish and Wildlife Service
(USFWS) databases were reviewed to determine the federally protected species found in
the vicinity of the proposed project. None of the listed species were encountered during
field surveys.
12. Historic Properties. There were no structures observed on the site during the
field survey.
Section 404 Only Conditions:
1. Water supply intakes. The site has neither surface nor subsurface water intakes
in the vicinity of the project.
2. Shellfish production. The freshwater stream on the site is not in an area of
shellfish production.
3. Suitable material. A commercial contractor will handle the excavation and fill
operations. All fill will be free of unsuitable materials and toxins.
4. Mitigation. All discharges of fill material will be minimized to the maximum
extent practicable. The width of the fill is limited to the minimum necessary for the
actual fishing platform.
1

5. Spawning areas. Due to the size of the stream, the site is not in a spawning site
for aquatic species sensitive to siltation.
6. Obstruction of high flows. No fill discharges will permanently restrict or
impede the passage of normal or expected high flows or cause the relocation of water.
7. Adverse effects from impoundments. The discharge of fill will not disrupt the
movement of aquatic life nor will the placement of fill create ponding or cause the
' accelerated passage of water.
8. Waterfowl breeding area. Due to its wooded location and general lack of
relatively large bodies of water, this activity is not known to be in an area of important
' waterfowl breeding.
9. Removal of temporary fills. No temporary fills are associated with the project.
Exposed areas will be re-seeded to prevent erosion.
'
Compliance with updated applicable Regional Conditions for all Nationwide
Permits issued within the Wilmington District:
'
1.0 Excluded Waters
1.2 Trout Waters Moratorium. The applicant has received written approval from
' the North Carolina Wildlife Resources Commission for work within trout waters during
the period between October 15 and April 15.
2.0 Waters Requiring Additional Notification
2.1 Western NC Counties that Drain to Designated Critical Habitat. All PCN
materials will be sent concurrently to the United States Fish and Wildlife Service,
' Asheville Field Office and to the Corps Asheville Regional Field Office.
2.7 Trout Waters. The NCWRC has been notified and will be sent a copy of all
PCN materials relating to this project. Copies of all agency correspondence will be sent
' to the Corps with the PCN, including; the name of the WRC biologist (David McHenry),
the date of notification, the location of work, a discussion of alternatives to working in

' the mountain trout waters, why alternatives were not selected, and a plan to provide
acts to mountain trout waters
com
ensato
miti
ation for all unavoidable adverse im
.
p
ry
g
p
' 3.0 List of Corps Regional Conditions for All Nationwide Permits
3.4 Restriction on Use of Live Concrete. Measures will be taken to prevent live or
fresh concrete, including bags of uncured concrete, from coming into contact with waters
' of the state until the concrete has hardened. These will include the use of tightly sealed
forms and cured concrete rubble or rip-rap as a base.

1

1

1
1
1

1

1
APPENDIX B
AGENCY CORRESPONDENCE

' From: [e-mail] [mailto:[e-mail]]
Sent: Monday, July 23, 2007 7:35 AM
To: Wylie, Jay
' Cc: Millington, Sarah; Ziegler, Ty
Subject: Re: Nantahala Access Areas -Power Canal and River Mile 16.5 -Survey for Virginia
Spiraea
' Jay:
' Thanks for your update on the results of the endangered species surveys at the 2 proposed
Nantahala River Access Areas, and your plans to forward stormwater and drainage designs for
a114 of the access areas (2 at Nanathala River, 2 at Nantahala Lake).
' Endan ered S ecies. With re and to endangered species, we have reviewed our records and
g p g
agree with your survey results for Virginia Spiraea. We conclude that the proposed project will
' not affect endangered or threatened species or their habitats. Therefore, we believe the
requirements under section 7 of the Act are fulfilled. However, obligations under section 7 of
the Act must be reconsidered if (1) new information reveals impacts of this identified action
' that may affect listed species or critical habitat in a manner not previously considered, (2) this
action is .subsequently modified in a manner that was not considered in this review, or (3) a new
species is listed or critical habitat is determined that may be affected by the identified action.
Stormwater. We look forward to review of the site plans. We are pleased that you will consider
cotrol of stormwater and filtering through naturally-vegetated areas to reduce sediment inputs,
parking lot contaminants, and thermal pollution. These considerations will minimize the effects
of the proposed access area improvements on fish and wildlife resources.
' thanks,
Mark A. Cantrell
U.S. Fish & Wildlife Service
160 Zillicoa Street
' Asheville, NC 28801
828/258-3939, ext 227
fax: [phone]
' mobile:-828/215-1739
mark a [e-mail]
' "Our mission is working with others to conserve, protect, and enhance fish, wildlife, and plants
and their habitats for the continuing benefit of the American people."

1

"Wylie, Jay" <[e-mail]>
07/09/2007 01:42 PM
To <mark [e-mail]>
cc "Millington, Sarah" <[e-mail]>, "Ziegler, Ty"
<[e-mail]>
Subject Nantahala Access Areas -Power Canal and River Mile 16.5 -Survey for Virginia
Spiraea
Mark,
Per your request we surveyed the two Nantahala Access Areas on the Bypassed Reach (Power
Canal and River Mile 16.5) for Virginia Spiraea on 7-6-07. At each site both sides of the river
were intensively searched for the presence of Virginia Spiraea for a length of approximately
1,500 feet (750 feet above and 750 feet below the access areas) to cover the area of potential
effects. None of the plants were encountered during this intensive search. Based on the survey
results I have no additional information to convey to you at this time (i.e. location information,
associated species, vigor, etc.).
Additionally, once we have the site plans finalized I will send those to you as well so you will be
able to see what we plan to do with the run-off from the parking areas (filter through vegetated
strips to slow flow remove sediment and cool water prior to entering the lake and /or river) at all
four sites planned for construction or improvement.
I look forward to hearing from you concerning our plans. Please call me at your convenience.
Thanks,
Jay Wylie
Scientist
Devine Tarbell & Associates, Inc.
400 South Tryon Street
Charlotte, NC 28285
P: 704.342.7376
F: 704.377.4185
NOTICE: This message is intended only for the use of the individual or entity to which it is
addressed, and may contain confidential and/or privileged information. If you are not the
intended recipient, please notify the sender and destroy this a-mail. In addition, any
unauthorized copying, disclosure or distribution of this e-mail, any attachment, or any material
' contained therein is strictly prohibited.

1
1

1 From: [e-mail] [mailto:[e-mail]]
Sent: Tuesday, July 31, 2007 5:50 AM
To: Millington, Sarah
Cc: Wylie, Jay; Ziegler, Ty
Subject: Re: Nantahala Access Areas
Sarah:
Thank you for the additional detailed information. Earlier this month, DTA responded to my
1 request for surveys for Viginia spiraea. I have reviewed the conceptual drawings, and provide
these comments:
Wherever possible, grading should allow for stormwater runoff to be filterred through a
' vegetative area prior to reaching the stream.
I encourage you to retain all large trees, as well as any deep-rooted native woody species,
including shrubs, wherever they occur, whenever possible, especially along the streambanks and
' shoreline.
To prevent direct impacts to bats, it is recommended that trees be cut between October 15 and
April 15. The following guidelines should be followed:
a. No known maternity colony trees shall be cut.
b. Retain standing live trees that have more than 25% exfoliating (separated from
the cambium) bark and are >3" dbh [in diameter at breast height].
c. Retain as many shellbark, shagbark, and bitternut hickories as practicable
regardless of size or condition.
1 d. Retain as many standing snags >3" dbh that have bark and/or cavities as
possible.
e. Retain as many hollow, den, or cavity trees or snags >9" dbh as practicable.
' If removal of trees is erformed Burin the eriod from A ril 15 to October 15, the followin
p g P p g
conditions will be observed:
a. No known colony trees shall be cut.
b. No standing live trees or snags that have exfoliating bark or cavities will be cut.
c. No live trees that provide shade or shelter for snags shall be cut.
d. If a standing snag must be removed for safety considerations, USFWS must be
contacted prior to removal.
' e. Prior to harvest, USFWS must be contacted if any bats are observed utilizing
trees in any area to be cut.
thanks,
Mark A. Cantrell
U.S. Fish & Wildlife Service
160 Zillicoa Street
Asheville, NC 28801
828/258-3939, ext 227
fax: [phone]
mobile: [phone]
' [e-mail]
"Our mission is working with others to conserve, protect, and enhance fish, wildlife, and plants
and their habitats for the continuing benefit of the American people."

1 "Millington, Sarah" <[e-mail]>
07/30/2007 01:24 PM
To <mark [e-mail]>
cc "Ziegler, Ty" <[e-mail]>, "Wylie, Jay"
<Jay. [e-mail]>
Subject Nantahala Access Areas

1

Good afternoon Mark,
I have been working with Jay Wylie on the Nantahala Access areas for Duke Energy. Attached
are the overview and detailed site plans showing the improvements to be made at each access
area, as well as the stormwater runoff control measures we have specified. All disturbed areas
surrounding the parking lots and facilities will be revegetated to slow/filter water runoff, and it
has been specified that all major trees are to remain if possible. Our aim is to minimize the
effects on fish and wildlife resources during construction and upon completion of the
improvements to the access areas.
Please let me know if you have any questions or require additional information.
Thank you,
Sarah

1

1
«Power_Canal_and_Rocky_Branch.pdf~> «Big_Choga_and_River Mile_16-S.pdf~>
Sarah J. Millington
GIS/Recreation Specialist
Devine Tarbell & Associates, Inc.
400 S. Tryon St, Suite 2401
Charlotte, NC 28285
P: 704.342.7318
F: 704.377.4185
C: 704.995.1817
NOTICE: This message is intended only for the use of the individual or entity to which it is
addressed, and may contain confidential and/or privileged information. If you are not the
intended recipient, please notify the sender and destroy this a-mail. In addition, any
unauthorized copying, disclosure or distribution of this a-mail, any attachment, or any material
contained therein is strictly prohibited.
[attachment "Power_Canal_and_Rocky_Branch.pdf' deleted by Mark ACantrell/R4/FWS/DOI]
[attachment "Big_Choga_and_River Mile_I6-S.pdf' deleted by Mark ACantrell/R4/FWS/DOI]
1

t

a+~ ~~ o
~ ,~
~'~ nom,
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B, Sandbeck, Administrator
Michael F. Easley, Governor
' Lisbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
~ une 19, 2007

1
Jay Wylie
Devine Tarbell & Associates, Inc.
400 S. Tryan Street, Suite 2401
Charlotte, NC 28285
Re: Power Canal Access Area, Nantahala River, Macon County, ER 07-0763
Dear Mr. Wylie:
Office of Archives and History
Division of Historical Resources
David Brook, Director
Thank you for your letter concerning the abave project. We apologize for the delay in our response.
We have determined that the project as proposed will not affect any historic structures.
There are no known retarded archaealogical sites within the project boundaries. However, the project area
has never been systematically surveyed to determine the location or significance of archaeological resources.
Based on the topographic and hydrological situation, and the presence of previously recorded sites in the
vicinity, there is a high probability far the presence of prehistoric or historic archaeological sites.
We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify anal
evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed
project. Potential effects on unknown resources must be assessed prior to the initiation of construction
activities.
Two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms,
should be forwarded to us for review and comment as soon as they are available and well in advance of any
construction activities.
A list of archaeological consultants who have conducted or expressed an interest in contract work in North
Carolina is available at www arch dcr state nc.uslconsults.htm. The archaeologists listed, or any other
experienced archaeologist, may be contacted to conduct the recommended survey. The above continents are
made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on
Historic Preservation's Regulations for Compliance with Section 106 codified at 36 C)~R Part $00.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Histaric Preservation's Regulations for Compliance with Section 106 codified at .36 CFR
fart 800.
Location Mailing Address Telephone/Fa:
ADMINLCTRATION 507 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 [phone]/733-8653
RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (9!9)733.6547!?15-4801
SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mai! Service Center, Raleigh NC 27699-4617 [phone]/715-4801

1
1 Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental revie~c~ coordinator, at 91 J-733-4763, ext. 2~6. In all future
communication concerning this project, please cite the above referenced tracking number.
Sincerely,
' eter Sandbeck
i

1
1

1

1

1

1
1

K ~~ 4
RECEIVED AUG 08 2007
MS
•~ O~NN ~~
North Carolina Department of Cultural Resources
State Historic Preservation Office
Petcr B. Sandbeck, Administrator
Michael F. Easley, Governor Office of Archives and History
Lisbeth C. Evans, Secretary Division of Historical Resources
Jeffrey J. Crow, Deputy Secretary David Brook, Director
August 6, 2007
1~-lichael Keith O'Neal
Archaealagical Consultants of the Carolinas, Inc.
704 West Main Street
Clayton, NC 27:120
Re: Power Canal Access, Nantahala River, Nantahala Gamelands, b~Iacon County, ER U7-0763
Dear Iti~1r. O'Neal:
Thank you for your letter of July 12, 2007, transmitting the archaeolagical survey report by Archaeological
Consultants of the Carolinas, Inc., for the above project.
During the course of the survey, no sites were located within the project area. The repart author has
recommended that no further archaeological investigation be conducted in connection ~~~ith this project. W'e
concur with this recommendation since die project will not involve significant archaeological resources.
The above comments are made pursuant to Section 106 of the National Historic Preservation .pct and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CrR
Part 500.
Thank you far your cooperation and consideration. If you have questions concerning the above commenr.,
1 contact Renee Gledhill-Farley, environmental review coordinator, at 919/733-4763 ext. 246. In all future
communication concerning this project, please cite the above referenced tracking number.
' Sincerely,
~.~.{.~.G.;_~,Q
' eter Sandbeck
' cc: ~ay Wylie, Devine Tarbell & Associates, Inc.

AGi.iitiiSTrZ'+Tidti
RESTORATION
' SURVEY & PLANYING
Location Mailing Address Telephone/Fax
507 N. Biowu Stree~, Kaieigh ;JC; 16I7 Mail Service Center, Raleigh iJC : 1699-dG i i (9 (9j733-J763/733-8653
5t5 N. Blount Street. Raleigh NC 4617 Mail Service Center, Raleigh NC 2 7699-46 1 7 [phone]/71:-4801
5t5 N. Blount Street, Raleigh. NC 4617 Mail Service Center. Raleigh NC 27699-46t7 [phone]i"J15-4R(P,

1

1

APPENDIX C
PHOTOGRAPHS

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i

1
APPENDIX D
AGENT AUTHORIZATION LETTER
1

~ilfCe Duke Energy Lake Services
' ~Energy~ EC12Q / PO Boz 1006
Charlotte, NC 28201-1006

' July 2, 2007
' Department of the Army
Wilmington District -Regulatory Division, Corps of Engineers
U`SAED, ~'~'ilmington
P_Q Box 1890
Wilmington, NC 28402-1890
' Subject: Agent Authorization Letter -Duke Energy Carolinas, LLC. Nantahala Froject
FERC #2692 -Power Canal Access Area
' Dear Sir'
i)uke Energy Carolinas, LLC. (Duke) of Charlotte North Carolina is in the pre-
' construction planning stage of a recreation access area at the Nantahala Hydroelectric
Project (FERC #2692) on the Nantahala River Bypassed Reach in Macon County, North
Carolina. The access area project is required by the Federal Energy Regulatory
Commission {FERC j to meet agreements specified in the Nantahala Area Settlement
Agreement.
Devine Tarbell R, Associates, as represented by RZr. Jay A Wylie, will be Duke's
authorized agent in the coordination and preparation of this permit package. Mr. Wylie
' has full signatory authority far this project as granted by Duke Energy Carolinas, LLC
If you have ary questions or require further information on this matter feel free to call me
at [phone].
Yours very truly,
~~v,V'
1 ~'
Joseph W. Carriker, Senior Engineer
Lake Services
' Duke Energy Carolinas, LLC

1
www c~uxe energy rum

1

1

1
APPENDIX E
ADDITIONAL LAND CLEARING GUIDELINES
1

ADDITIONAL LAND CLEARING GUIDELINES
' ASSOCIATED WITH NANTAHALA ACCESS AREA PROJECTS
' In addition to Duke Energy's standard Best Management Practices (BMP's) the
following additional guidelines should be adhered to during all phases of construction.
' Adherence to these guidelines is crucial to meeting the conditions placed on the project
by the United States Fish and Wildlife Service (USFWS) during pre-construction
' consultation associated with Section 7 of the Endangered Species Act.
' 1. Wherever possible, grading should allow for storm water runoff to be filtered
through a vegetative area prior to reaching the stream.
' 2. It is encouraged that all large trees be retained, as well as any deep-rooted native
woody species, including shrubs, wherever they occur, whenever possible,
1 especially along the stream banks and shoreline.
3. To prevent direct impacts to bats, it is recommended that trees be cut between
1 October 15 and April 15.
The following guidelines should be followed in association with vegetation removal to
minimize the effects associated with bats:
a. No known maternity colony trees shall be cut.
b. Standing live trees that have more than 25 percent exfoliating bark (separated
from the cambium) and are greater than 3 inches diameter at breast height
(dbh) will be retained.
c. As many shellbark, shagbark, and bitternut hickories as practicable regardless
of size or condition will be retained.
d. As many standing snags as possible should be retained especially those that are
greater than 3 inches dbh and have bark and/or cavities.
' e. As many hollow, den, or cavity trees as practicable or snags greater than 9
inches dbh should be retained.

1

1
If removal of trees is performed during the period from April 15 to October 15, the
following conditions must be observed:
a. No known colony trees shall be cut.
b. No standing live trees or snags that have exfoliating bark or cavities shall be
cut.
c. No live trees that provide shade or shelter for snags shall be cut.
d. If a standing snag must be removed for safety considerations, USFWS must be
contacted prior to removal.
e. Prior to harvest, USFWS must be contacted if any bats are observed utilizing
trees in any area to be cut.
No known maternity or colony trees are located on site. However, 18 trees at the Power
Canal Access Area have been identified that meet the guidelines set forth above. All of
these trees have been marked in the field with blue paint. This will ensure that the
individuals responsible for construction of the access area will be able to identify the
resources to be avoided during site clearing activities.
Additionally, based on survey results only four trees at Power Canal Access Area that
meet the guidelines set forth above will need to be removed to construct the access areas
as designed.

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PHOTOGRAPHS OF POTENTIAL BAT ROOSTING HABITAT AT
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POWER CANAL ACCESS AREA

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