20230381 Ver 1_Fayetteville Laydown Yard Self Certification_20230309

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:12/14/2022
Self -Certification Letter
Duke Energy Favetteville Ops Laydown Yard Expansion
Project Name
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
❑"no effect" determinations for proposed/listed species and/or
proposed/designated critical habitat; and/or
❑ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑✓ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
❑✓ "no Eagle Act permit required" determinations for eagles.

Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the "no effect" or
"not likely to adversely affect" determinations for proposed and listed species and
proposed and designated critical habitat; the "may affect" determination for Northern
long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.httnl.
If you have any questions, you can write to us at Raleigh(cfws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package

Species Conclusions Table
Project Name: Duke Energy Fayetteville Ops Center Laydown Yard Expansion
Date: 12/14/2022
/ Resource Name
Conclusion
ESA Section 7 / Eagle Act Determination
Notes / Documentation
-Species
Suitable habitat not present
No effect
No mature stands of pine present on site.
Red -cockaded woodpecker
No critical habitat present
Suitable habitat not present
No effect
No waterbodies will be directly impacted by
American alligator
this project. Appropriate sediment and
No critical habitat present
erosion control devices will be utilized to
reduce potential for impacts to streams.
Suitable habitat not present
No effect
No streams will be directly impacted by this
Atlantic pigtoe
project. Appropriate sediment and erosion
No critical habitat present
control devices will be utilized to reduce
potential for impacts to streams.
Suitable habitat not present
No effect
No sandy or rocky open woods, rights of
Michaux's sumac
way, roadsides, or other artificially
No critical habitat present
maintained corridors with frequent
disturbance present.
Suitable habitat not present
No effect
No fire -maintained or otherwise frequently
American chaffseed
disturbed longleaf pine flatwoods or
No critical habitat present
savannas. Open or partly open habitat not
resent.
Suitable habitat not present
No effect
Margina habitat present within overall site,
Pondberry
but will not be impacted during
No critical habitat present
construction.
Suitable habitat not present
No effect
No fire -maintained or otherwise frequently
disturbed open habitat present within the
Rough -leaved loosestrife
No critical habitat present
site. Habitat did not include longleaf pine
uplands, pine pocosins, or their transitional
zone.
Unlikely to disturb nesting
No effect
Action area not within 600 feet of a bald
bald eagles
eagle nest as identified by NCNHP report
Bald Eagle
and site is more than one mile away from a
No critical habitat present
large body of water capable of providing an
adequate food source. No eagles or nests
were observed during site visit.

Suitable habitat not present
No effect
Trees greater than 3 inches dbh observed
Northern long-eared bat
within the site. The project will be relying on
No critical habitat present
4 d rule for this species.
Suitable habitat not present
No effect
Species is not currently listed and is a
Monarch butterfly
candidate species. No suitable habitat for
No critical habitat present
milkweed was identified on site.
Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an
informed decision about impacts in the immediate and surrounding areas.
12/14/2022
Signature /Ti#e // Date

z 8
December 14, 2022
United States Department of the Interior
Fish and Wildlife Service — Raleigh Field Office
PO Box 33726
Raleigh, North Carolina 27636
Reference: Protected Species Habitat Assessment
Duke Energy Rockingham Operations Center — Laydown Yard Expansion
Fayetteville, Cumberland County, North Carolina
S&ME Project No. 22050639
S&ME, Inc. (S&ME) is conducting an environmental review of the proposed laydown expansion site on behalf of
Duke Energy. The information contained herein was prepared as part of an evaluation of potential impacts to
migratory birds, threatened, endangered, and proposed species, and critical habitat.
SITE DESCRIPTION
The site is the location of a proposed laydown yard. This laydown would be an extension of the existing laydown
yard at the Duke Energy Fayetteville, Operations Center located at 2836 Cumberland Road, Fayetteville,
Cumberland County, North Carolina. The proposed laydown yard is located directly northeast of the existing
facility. The property is located in an urban area approximately 2.75 miles northeast of downtown Fayetteville in
Cumberland County, North Carolina. The location of the site is depicted on the attached Vicinity Exhibit (Figure 1),
United States Geological Service (USGS) Topographic Exhibit (Figure 2), the Site Exhibit (Figure 3), and the
Feature Exhibit (Figure 4).
A site visit was conducted on November 7, 2022, by S&ME natural resources personnel. The site is a wooded and
undeveloped area directly northeast of the existing laydown yard and operations center. Within the site, several
small bottomland hardwood wetlands were identified. Species identified within the wetlands included red maple
(Acer rubrum), sweetgum (Liquidambar styraciflua), redbay (Persea borbonia), turkey oak (Quercus laevis), blackjack
oak (Quercus marilandica), American holly (Ilex opaca), sweetpepperbush (Clethra alnifolia), large gallberry (Ilex
coriacea), highbush blueberry (Vaccinium corymbosum), cinnamon fern (Osmundastrum cinnamomeum), Virginia
chainfern (Woodwardia virginica), muscadine grape (Vitis rotundifolia), and greenbrier species (Smilax spp.).
Species identified within the upland areas included tulip poplar (Liriodendron tulipifera), Northern red oak
(Quercus rubra), loblolly pine (Pinus taeda), blackjack oak, turkey oak, American holly, Chinese privet (Ligustrum
sinense), and Christmas fern (Polystichum acrostichoides). Representative photos of the site are shown as photos
1-6 in the attached photographic log. The remainder of the depicted site is comprised of the existing maintained
laydown yard, which is covered with gravel and does not support vegetation and is fenced and is represented by
photos 7-8 in the attached photo log.
S&ME, Inc. 13201 Spring Forest Road I Raleigh, NC 27616 1 p 919.872.2660 1 www.smeinc.com

Protected Species Habitat Assessment
s Duke Energy Rockingham Operations Center — Laydown Yard Expansion
s Fayetteville, Cumberland County, North Carolina
S&ME Project No. 22050639
MIGRATORY BIRDS
The following migratory bird information is intended to identify site area land uses that may be related to
potential impacts to migratory birds. The information is based on map/photograph review.
The USGS quadrangle map and a 2021 aerial photograph (obtained from NC Onemap), and December 2019
Google Earth imagery were reviewed to determine the general land uses within a one -mile radius of the Site
location. The surrounding land use within the one -mile search radius is primarily residential, commercial, and
institutional. Blounts Creek, its unnamed tributaries, and the unnamed tributaries of Buckhead Creek are located
within one mile of the project site. In addition to these, there are also approximately six ponds that could be
conducive to migratory bird concentrations.
SPECIES EVALUATION
Existing federal -listed species information and site habitat observations were reviewed to determine the likely
occurrence of protected (threatened, endangered), candidate, and proposed species at the proposed laydown
yard site. The USFWS website indicates that no designated critical habitat has been reported as occurring within
the proposed Site. As listed in Table 1 below, several federally -protected species are listed within the vicinity of
the Site in Cumberland County, North Carolina.
Table 1— Federal Species of Concern
Common Name
Red -cockaded woodpecker
Scientific Name
Picoides borealis
Federal Listing
E
American alligator
Alligator mississippiensis
T(S/A)
Atlantic pigtoe
Fusconaia masoni
T
Michaux's sumac
Rhus michauxii
E
American chaffseed
Schwalbea americana
E
Pondberry
Lindera melissifolia
E
Rough -leaved loosestrife
Lysimachia asperulaefolia
E
Bald Eagle
Haliaeetus leucocephalus
BGEPA
Northern long-eared bat
Myotis septentrionalis
T
Monarch butterfly
Danaus plexippus
C
E = Federal Endangered T = Federal Threatened BGEPA = Bald and Golden Eagle Protection Act C = Candidate
December 14, 2022

Protected Species Habitat Assessment
Duke Energy Rockingham Operations Center — Laydown Yard Expansion
s Fayetteville, Cumberland County, North Carolina
S&ME Project No. 22050639
Red -cockaded woodpecker
Status: Federally- Endangered
Biological Determination: No effect
Red -cockaded woodpeckers require open mature forests of pine, generally approximately 60-120 years old for
roosting. These birds need large, live older pines in which they can excavate their nesting cavities. Long leaf pines
are preferred, but other species of pine can also be acceptable. Dense stands or stands with dense understories
are avoided. The red -cockaded woodpecker forages in pine and pine hardwood stands 30 years old or older,
preferring stands with pine trees 10 inches or larger in diameter. Clusters of cavity trees can include one or more
cavity trees with an average of 10 cavities on 3-60 acres. Sufficient foraging habitat can be provided on 80-125
acres. It is threatened by hardwood midstory encroachment and a lack of suitable mature trees for nesting.
Suitable habitat for red -cockaded woodpecker was not observed in the project site. Based on our pedestrian field
review, it is not anticipated that this project will affect populations of this species.
American alligator
Status: Federally -Listed Threatened due to Similarity of Appearance
Biological Determination: No consultation necessary
Species listed as threatened due to similarity of appearance to another species that is listed as threatened are not
biologically endangered are not subject to Section 7 consultation. The American alligator is regulated due to their
similarity to several related species such as crocodiles and caimans, which are imperiled. Potential habitat for the
American alligator is not present within the site. The project will not result in the harvest or legal trade of the
animals and therefore does not require Section 7 consultation.
Atlantic Pigtoe
Status: Federally -Proposed Threatened
Biological Determination: No effect
The Atlantic pigtoe has a rhombus shaped outer shell which is yellow to dark brown in color with a parchment -like
texture. The inner shell is iridescent blue to salmon, white, or orange. This species rarely exceeds two inches in
length. Young individuals have greenish rays across the shell. This species is also known for interlocking hinge -like
teeth on the inside of the shell to keep the valves in proper alignment. The Atlantic pigtoe prefers coarse gravel
and sand substrate and is rarely found in silt or detritus. Historically, this species was identified in small creeks to
larger rivers with excellent water quality with flows sufficient to maintain clean, silt -free substrates. No waterbodies
were identified within the site or its immediate vicinity. Therefore, the project will have no effect on the protected
aquatic species.
December 14, 2022

Protected Species Habitat Assessment
Duke Energy Rockingham Operations Center — Laydown Yard Expansion
s Fayetteville, Cumberland County, North Carolina
S&ME Project No. 22050639
Michaux's Sumac
Status: Federally -Listed Endangered
Biological Determination: No effect
Michaux's sumac prefers sandy or rocky open woods in association with basic soils. This shrub prefers areas where
some form of regular disturbance has created an open area. In North Carolina, this species has been observed
within rights -of -way, roadsides, or on the edges of artificially maintained clearings or areas with periodic fires.
Suitable habitat was not identified within the proposed project site. In addition, no individuals were identified
during the site reconnaissance. Therefore, this project will have no effect on Michaux's sumac.
American chaffseed
Status: Federally -Listed Endangered
Biological Determination: No effect
American chaffseed prefers fire -maintained longleaf pine flatwoods and savannas, often within the ectone
between peaty wetlands and sandy soils. It is dependent on disturbance events such as fire, mowing, or
fluctuating water tables to maintain the open or partly -open conditions the species requires. Suitable habitat was
not identified within the proposed project site. In addition, no individuals were identified during the site
reconnaissance. Therefore, this project will have no effect on American chaffseed.
Pondberry
Status: Federally -Listed Endangered
Biological Determination: No effect
Pondberry is commonly associated with seasonally flooded wetland habitats such as bottomlands and hardwoods
in the interior areas, and the margins of sinks, ponds, and other depressions in coastal areas. Generally, pondberry
is found in association with pocosin shrubs, but can occupy a variety of habitats as long as their hydrologic needs
are met. These plants are commonly found in shade but can also be found in full sun. Marginal potential habitat is
present on site in the on -site wetlands. However, there are no known populations of pondberry within one mile of
the site and no individuals of the species were identified within the evaluation area. The pedestrian survey was
conducted in November, approximately one week outside of the ideal survey period. In addition, pocosin shrub
species were not commonly present within the site. Finally, current project plans do not depict construction
occurring within the wetlands or their immediate vicinity and as a result, potential suitable habitat will not be
impacted as a result of this project, resulting in a determination of no effect for this species.
December 14, 2022 4

Protected Species Habitat Assessment
Duke Energy Rockingham Operations Center — Laydown Yard Expansion
s Fayetteville, Cumberland County, North Carolina
S&ME Project No. 22050639
Rough -leaved loosestrife
Status: Federally -Listed Threatened
Biological Determination: No effect
Rough -leaved loosestrife is a perennial herb that grows to a height of one to two feet. Flowering occurs from mid -
May through June and have capsule fruits present from July through September. This species generally occurs in
the ecotones between longleaf pine uplands and pond pine pocosins. Their habitat is fire -maintained and requires
regular disturbance events. Suitable habitat was not identified within the proposed project site. Due to a lack of
suitable habitat within the site, we do not anticipate that the project will affect the rough -leaved loosestrife.
Bald Eagle
Status: Bald and Golden Eagle Protection Act
Biological Determination: No effect
The bald eagle prefers to nest in large mature trees within half a mile of coastlines, rivers, or large lakes which
provide adequate feeding grounds. No water bodies have been identified within one mile of the proposed project
site. In addition, no bald eagles or bald eagle nests were observed in the vicinity of the site. Therefore, the project
will have no effect on the bald eagle.
Northern Long-eared Bat
Status: Federally -Listed Threatened with 4(d) Rule
Biological Determination: No effect
The northern long-eared bat hibernates during the winter in caves or mines. During the fall, these bats surround
the woodlands where they hibernate and during the summer months, the northern long-eared bat roosts
underneath bark or in the cavities and crevices of dead or live trees. They can also roost in caves or mines. The
project is not located within 1/4-mile of a known hibernation site or within a 150-foot radius of a known, occupied
maternity roost during the pup season (June 1 — July 31), and the site is located entirely outside of counties
identified by the Raleigh Field Office as containing confirmed hibernation and maternity roost sites. Therefore, the
project is considered exempt from incidental take under the final Section 4(d) of the Endangered Species
Act [4(d) rule] for this species (effective February 16, 2016). No bats have been identified within the site or its
vicinity per the NC Natural Heritage Program or USFWS, the species was not identified in the site specific IPaC
report, and Cumberland County is not identified as containing a confirmed hibernation and maternity roost site.
Because the site contains suitable habitat in the form of mature trees, the northern long-eared bat has a 'may
affect, likely to adversely affect' determination; therefore, incidental take, although unlikely to occur, is permissible.
December 14, 2022

Protected Species Habitat Assessment
�r Duke Energy Rockingham Operations Center — Laydown Yard Expansion
III
Fayetteville, Cumberland County, North Carolina
a
S&ME Project No. 22050639
Monarch Butterfly
Status: Federally Listed Candidate
Biological Determination: No effect
The Monarch butterfly is under consideration for official listing for which there is sufficient information to support
listing (candidate listing). There are generally no section 7 requirements for candidate species. Adult monarch
butterflies are large and conspicuous, with bright orange wings surrounded by a black border and covered with
black veins. The black border has a double row of white spots, present on the upper side of the wings. Adult
monarchs are sexually dimorphic, with males having narrower wing venation and scent patches. The bright
coloring of a monarch serves as a warning to predators that eating them can be toxic. During the breeding
season, monarchs lay their eggs on their obligate milkweed host plant (primarily Asclepias spp.) and the larvae
feed on milkweed. Milkweed species are commonly found in open areas such as meadows, old fields, woodland
edges, roadsides, utility lines, and other open areas. No species of milkweed or suitable habitat for milkweed were
identified during the site reconnaissance. Therefore, the project is anticipated to have no effect on the monarch
butterfly.
No critical habitat has been designated for this species and as a candidate species, the monarch butterfly is not
currently subject to protection under the Endangered Species Act. In the event that the monarch butterfly
becomes listed as endangered or threatened under the Endangered Species Act before the project is initiated, a
survey should be conducted if recommended by the USFWS.
CONCLUSIONS
Based on the readily available information and a review of habitat conditions for the red -cockaded woodpecker,
American alligator, Atlantic pigtoe, American chaffseed, rough -leaved loosestrife, Michaux's sumac, pondberry,
bald eagle, northern long-eared bat, and monarch butterfly, resulting in a "no effect" determination for these
species. The project will rely upon the final Section 4(d) of the Endangered Species Act [4(d) rule. Under this rule
the northern long-eared bat would be considered exempt from incidental take.
If there are questions concerning the evaluation, please contact Ashley Bentz at 919-896-0758, or
[e-mail].
wj� &9��
Ashley Bentz, PWS
S&ME Project Scientist
Attachments
Walter Cole,
S&ME Senior Project Manager
December 14, 2022

Attachments

Roy Cooper. Goveraar
L■■■■ INC DEPARTMENT OF
so on NATURAL AND CULTURAL RESOURCES
■ ■■■
November 4, 2022
Ashley Bentz
S&ME, Inc.
3201 Spring Forest Road
Raleigh, NC 27616
RE. Fayetteville Ops Proposed Laydown Yard
Dear Ashley Bentz.
D. Reid Wilson, Secretary
MI-5 p Buchanan
Deputy Director, NatwA Heritage Program
NCNHDE-19877
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence, the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here.
httl2s //www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butlerLncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
D&ARTMENT OF NATORAL AND CULTURAL RESOURCES
121 W. JONES STREET_ RALElGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGI a_ NI: 2769�)
DFC 919.70912d + FA}( 919.7G79121

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Fayetteville Ops Proposed Laydown Yard
November 4, 2022
NCNHDE-19877
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State
Group 0 servation Occurrence Status tatus Rank Rank
t + Date = Rank
Dragonfly or 33740 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S1?
Damselfly georgiana Low Rare
Dragonfly or 33780 Stylurus ivae Shining Clubtail 2004-Pre H? 5-Very --- Significantly G4 S1?
Damselfly Low Rare
Vascular Plant 22821 Crataegus munda var. Batesburg Hawthorn 1933-04-28 H 5-Very --- Significantly G4G5T S2?
munda Low Rare NR
Throughout
Vascular Plant 1033 Gaillardia aestivalis var.Sandhills Blanket- 1949-07-08 H 4-Low --- Endangered GSTNR S2
aestivalis flower
Vascular Plant 13652 Gaillardia aestivalis var.Sandhills Blanket- 1957-06-27 H 4-Low --- Endangered GSTNR S2
aestivalis flower
Vascular Plant 13555 Galactia mollis Soft Milk -pea 1957-06-27 H 4-Low --- Threatened G4G5 S2
Vascular Plant 8142 Gelsemium rankinii Swamp Jessamine 1930-04-01 H 5-Very --- Special G5 S1S2
Low Concern
Vulnerable
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner Type -
City of Fayetteville - Massey Hill Park City of Fayetteville Local Government
City of Fayetteville Open Space City of Fayetteville Local Government
Cumberland County Open Space Cumberland County Local Government
NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.org/helr). Data query generated on November 4, 2022; source: NCNHP, Q2, July 2022. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

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Page 3 of 3

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: November 04, 2022
Project Code: 2023-0012571
Project Name: Fayetteville Ops Proposed Laydown Yard Expansion
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered

11/04/2022
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.

11/04/2022
3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds

11/04/2022
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

11/04/2022
Project Summary
Project Code: 2023-0012571
Project Name: Fayetteville Ops Proposed Laydown Yard Expansion
Project Type: Easement / Right -of -Way
Project Description: proposed laydown yard
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.0216662,-78.91379116260723,14z
z
Counties: Cumberland County, North Carolina

11/04/2022 3
Endangered Species Act Species
There is a total of 8 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
Reptiles
NAME
American Alligator Alligator mississippiensis
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/776
Clams
NAME
STATUS
Endangered
STATUS
Similarity of
Appearance
(Threatened)
"s`llYG1%1l8J
Atlantic Pigtoe Fusconaia masoni Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/5164
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
STATUS
Candidate

11/04/2022
4
Flowering Plants
NAME
STATUS
American Chaffseed Schwalbea americana
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1286
Michaux's Sumac Rhus michauxii
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Pondberry Lindera melissi folia
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1279
Rough -leaved Loosestrife Lysimachia asperulaefolia
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2747
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

11/04/2022
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9587
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.

11/04/2022
NAME
BREEDING
SEASON
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Kentucky Warbler Oporornis formosus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Probability Of Presence Summary
Breeds Mar 15
to Aug 25
Breeds May 1
to Aug 20
Breeds Apr 20
to Aug 20
Breeds Apr 1 to
Jul 31
Breeds May 10
to Sep 10
Breeds May 10
to Aug 31
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee

11/04/2022
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
— probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
American Kestrel ++++ ++++ ++++ + +++ ++++ '++ +++— —+++ +—+—
BCC - BCR���
Bald Eagle
Non -BCC +++' 1 1 1 I I I I 1 1 1 1 I I I I — — — --++ +++— —+++ +—+—
Vulnerable
Nuthatch eaded 101 pool g111 it 1 1 3=I+ IN III-1V 1111111111111111
BCC -BCR --
Chimney Swift I III I I 1 I 1 +++,+" Jill "++ +'+— FT — Jill++— —+++ +—+—

11/04/2022
4
BCC Rangewide
(CON)
Eastern Whip -poor -
will ++++ ++++ ++++ ++++ tt't •t•
+ + --++ +++— —+++ +—+—
BCC Rangewide
(CON)
Kentucky Warbler Is NONE NONE NONE MEN
BCC Rangewide ++++ ++++ ++++ ++++ ++++ ++++ +++— ---- U++ +++— —+++ +—+—
(CON) 'i mmmm mmmr NONE ■■■
Prothonotary
Warbler +III I I � I � I I � IrF +++— — — — — — —++ +++— —+++ +—+—
BCC Rangewide
(CON)
Red-headed+"' ,+++'+'+ ++ +++— —+++ +—F
Woodpecker
BCC Rangewide
(CON)
Wood Thrush
BCC Rangewide ++++ ++++ ++++ ++,+, III
"""lilt
--++ +++— —+++ +—+—
(CON)
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoidinv--and-minimizins7-incidental-take-mip-ratorv-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.

11/04/2022 5
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL,) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).

11/04/2022 6
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

11/04/2022
IPaC User Contact Information
Agency: S&ME, Inc.
Name: Ashley Bentz
Address: 3201 Spring Forest Road
City: Raleigh
State: NC
Zip: 27616
Email [e-mail]
Phone: [phone]

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DUKE ENERGY FAYETTEVILLE OPS CENTER LAYDOWN YARD EXPANSION
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PROJECT NUMBER
FAYETTEVILLE, CUMBERLAND COUNTY, NORTH CAROLINA
1 22050639

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II� DUKE ENERGY FAYETTEVILLE OPS CENTER LAYDOWN YARD EXPANSION 11-29-22 4
2836 CUMBERLAND ROAD PROJECT NUMBER
FAYETTEVILLE, CUMBERLAND COUNTY, NORTH CAROLINA 22050639

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presentative view of transition between existing and
posed laydown yard.
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_ Photographs Taken by: W. Cole Date Taken: 11/7/2022
III E Fayetteville, Cumberland, North Carolina
2