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HomeMy WebLinkAbout20231101 Ver 1_CLS-U5IAB Final Joint IP app w cl_20230807August 7, 2023 Re: Joint USACE - NCDEQ Individual Permit Application Submittal Package for Duke Energy Unit 5 Inactive Ash Basin Dam Decommissioning Project, Cliffside Steam Station, Cleveland and Rutherford Counties, North Carolina Client Reference: 7818230105 To Whom It May Concern: WSP USA Environment & Infrastructure, Inc. (WSP) is pleased to submit the enclosed documents and supplemental information for the Joint USACE — NCDEQ Individual Permit application for Duke Energy's Unit 5 Inactive Ash Basin (U51AB) Dam Decommissioning project located at the Cliffside Steam Station (CLS) in Cleveland and Rutherford Counties, North Carolina. For your review, please find herein the following documents: • NCDEQ 401/Buffer Pre -filing Meeting Request transmittal email from WSP dated July 7, 2023 • USACE ENG Form 4345, with attachments • WSP Environmental Report for the CLS-U51AB Dam Decommissioning project, with figures and appendices If you have any questions or require any additional information, please do not hesitate to contact me at (336) 906-3244 or at james.cutlerPwsp.com. Sincerely, James Cutler, PWS Senior Scientist Cc: Lori Tollie (Duke Energy) Preston McCloud (Duke Energy) Shahid Rahu (Duke Energy) Charles Hiner (Duke Energy) Sean Wallace (WSP) Ken Daly (WSP) Basak Gulec-Dincer (WSP) Cutler, James From: Cutler, James Sent: Friday, July 7, 2023 7:52 AM To: 401 PreFile@deq.nc.gov Subject: 401/Buffer Pre -filing Meeting Request Please fill out the following information: Project Name: Cliffside Steam Station - Unit 5 Inactive Ash Basin Dam Decommissioning project County: Rutherford and Cleveland Applicant Name: James Cutler Applicant Email: james.cutler@wsp.com **Please note that multiple projects may be submitted within the same email by supplying all the above information for each project. ***In the event your email is not allowing auto -responses, please save a copy of your sent email for your records and if necessary use that copy in application/form submittal. U.S. Army Corps of Engineers (USACE) Form Approved - APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB No.0710-0003 33 CFR 325. The proponent agency is CECW-CO-R. Expires: 01-08-2018 The public reporting burden for this collection of information, OMB Control Number 0710-0003, is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or burden reduction suggestions to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-dod-information-collections(a).mail.mil. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR APPLICATION TO THE ABOVE EMAIL. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. System of Record Notice (SORN). The information received is entered into our permit tracking database and a SORN has been completed (SORN #A1145b) and may be accessed at the following website: http://dpcld.defense.gov/Privacy/SORNsIndex/DOD-wide-SORN-Article-View/Article/570115/a1145b-ce.aspxx (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - Lori Middle - Last - Tollie First - James Middle -D Last - Cutler Company - Duke Energy Company - WSP USA Environment & Infrastructure Inc. E-mail Address-Lori.tollie@duke-energy.com E-mail Address-james.cutler@wsp.com 6. APPLICANT'S ADDRESS: 9. AGENT'S ADDRESS: Address- 500 Utility Drive Address- 4021 Stirrup Creek Drive, Suite 100 City - Lewisville State - NC Zip - 27012 Country -USA City - Durham State - NC Zip - 27703 Country -USA 7. APPLICANT'S PHONE Nos. WAREA CODE 10. AGENTS PHONE Nos. WAREA CODE a. Residence b. Business c. Fax a. Residence b. Business c. Fax 336-854-4916 336-906-3244 STATEMENT OF AUTHORIZATION 11. 1 hereby authorize, James Cutler to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. Lori Tollie Digitally signed by Lori Tollie 2023-08-01 Date: 2023.08.01 09:29:57-04'00' SIGNATURE OF APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECTOR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Unit 5 Inactive Ash Basin Dam Decommissioning Project (Duke Energy Rogers Energy Complex - Cliffside Steam Station) 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Broad River Address 573 Duke Power Road 15. LOCATION OF PROJECT City - Mooresboro State- NC Zip- 28114 Latitude: -N 35.207771 Longitude: �W-81.768562 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID See Supplemental Info. Document Municipality Mooresboro Section - Township - Range - ENG FORM 4345, MAY 2018 PREVIOUS EDITIONS ARE OBSOLETE. Page 3 of 1 17. DIRECTIONS TO THE SITE See attached Supplemental Information Document 18. Nature of Activity (Description of project, include all features) See attached Supplemental Information Document 19. Project Purpose (Describe the reason or purpose of the project, see instructions) The Project Purpose (proposed action) at the Cliffside Steam Station - Unit 5 Inactive Ash Basin (U5IAB) is to breach and remove State Dam RUTHE-070 (Main Dam) and, if required, State Dam RUTHE-072 (Saddle Dam) from the State of North Carolina dam inventory. The purpose of the project is based on the need to address the North Carolina Coal Ash Management Act of 2014 (LAMA-14) regulatory requirements related to ash basin closure (i.e., U5IAB) at the Cliffside Steam Station and the disposal of Coal Combustion Residuals (CCR) materials in a safe and timely manner. Additionally, the February 5, 2020, Consent Order with the State of North Carolina requires that CCR materials currently in unlined ash basins of Duke Energy coal -fire plants be excavated and relocated to lined landfills. With these considerations, the proposed action will address North Carolina regulatory requirements as related to ash basin closure and disposal of CCR materials at the Cliffside Steam Station. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge The construction of the outlet channel to the Broad River will entail the removal of a jurisdictional wetland; i.e., a 0.9-acre bottomland hardwood forest, which abuts the Broad River within the Main Dam LOD. The proposed permanent impact to this wetland (Wetland C) is further discussed in Section 5.2.1, Wetlands, of the supporting Environmental Report of this Individual Permit application submittal. It is noted that during the engineering planning phase of the project, as specifically related to the discharge of stormwater into the Broad River after ash basin closure, the option for discharge of stormwater directly into Wetland C (landward of the river) would most likely result in substantial and continuous vegetative and hydrologic impacts to the wetland. The plan view and cross-section drawings depicting the proposed impact to Wetland C within the project site are included in the Individual Permit application submittal package. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards Soil fill for channel: 1,200 cu-yds Riprap (Class B) fill for channel: 700 cu-yds 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres 0.90 (Wetland C, bottomland hardwood forest) or Linear Feet 23. Description of Avoidance, Minimization, and Compensation (see instructions) See attached Supplemental Information Document ENG FORM 4345, MAY 2018 Page 3 of 2 24. Is Any Portion of the Work Already Complete? Yes 0 No IF YES, DESCRIBE THE COMPLETED WORK Note: Ash excavation in the U5IAB is currently ongoing. Note: No cut and fill work or dredging work has been done or is completed related to the dam decommissioning action; specifically, within the Main Dam LOD, the Main Dam (or Saddle Dam) has not been removed and the outlet channel to the Broad River has not been constructed. 25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list). a. Address- Please see attachments: Adjoining Property Owners Map and list of property owners with mailing addresses and tax parcel IDs. City - State - Zip - b. Address - City - State - Zip - c. Address - City - State - Zip - d. Address - City - State - Zip - e. Address - City - State - Zip - 26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER USACE Notification of JD 2015-01426 2015-09-01 2015-11-20 USACE Notification of JD 2015-01426, Add. 01 2021-10-28 2021-12-20 SEE ATTACHMENT Supplemental Info. Would include but is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. Lori Tollie Digitallysigned byLori Tolhe 2023-08-01 ames.cutler Digitally signed byjames.cutler 2023-08-01 Date: 2023.08.01 0930:26-04'00' Date: 2023.08.01 21:2333-04'00' SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, MAY 2018 Page 3 of 3 Duke Energy Rogers Energy Complex - Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Joint Section 404/401 Individual Permit Application USACE EN4345 Form — Supplemental Information Document Item 16. Other Location Descriptions - State Tax Parcel ID: 1617218; 1617217; 1617927; and 1617216 Item 17. Directions to the Site: From US Army Corps of Engineers Asheville field office (151 Patton Ave., Asheville): • Head toward N French Broad Ave on Patton Ave. Go for 0.3 miles. • Take ramp onto 1-240 toward US-19 S. Go for 0.8 miles. • Take the exit toward 1-40 onto 1-26 E/1-240 W. Go for 3.2 miles. • Continue toward 1-26 E/Hendersonville/Spartanburg/Asheville Airport. Go for 0.6 miles. • Continue on 1-26. Go for 39.6 miles. • Continue on 1-26. Go for 5.1 miles. • Take exit 5 toward SC-11/Campobello/Chesnee. Go for 0.2 miles. • Turn left onto Highway 11 (SC-11 N). Go for 18.3 miles. • Turn left onto Cliffside Hwy (US-221-ALT). Go for 3.0 miles. • Continue on US 221A Hwy (US-221-ALT). Go for 2.4 miles. • Turn right onto Duke Power Rd. Go for 0.9 miles. • Turn left. Go for 0.1 miles. • Arrive at 573 Duke Power Road — Cliffside Steam Station. Item 18. Nature of Activity: At the Cliffside Steam Station, the Unit 5 Inactive Ash Basin (U51AB) is currently being closed by removing the Coal Combustion Residuals (CCR) materials that are present within the basin. State Dam RUTHE-070 is the Main Dam for the U51AB. This dam is a high -hazard earth fill embankment. State Dam RUTHE-072, which is also referred to as the Saddle Dam, is the other principal embankment of the U51AB. As a part of the removal of CCR materials from the U51AB, Duke Energy is seeking approval to breach and remove these structures from the State of North Carolina dam inventory. The WSP USA Environment & Infrastructure Inc. (WSP) supporting engineering documentation for the project includes a Design Report (Dam Decommissioning Plan permit drawings, calculations, and technical specifications) and geotechnical report. The U51AB ash excavation will be contained within the ash basin and completed prior to breaching the Main Dam and, if required, the Saddle Dam. The interior areas of the ash basin will be stabilized with vegetation prior to the breach. The remaining areas disturbed by the final breach will be stabilized following the breach and in accordance with applicable Erosion & Sediment Control (E&SC) plans. The project will entail the construction of five stormwater channels. Four channels will be established within the U51AB Limits of Disturbance (LOD), while one channel, as identified in the permit application documents as the outlet channel, will be constructed within the Main Dam LOD. Stormwater within the reclaimed U51AB LOD will be routed through the four stormwater channels and collected downstream in the outlet channel for discharge to the Broad River. The proposed stormwater channels and dam breach were designed by WSP to have adequate capacity and stability for the 100-year, 24-hour storm. The construction of the outlet channel to the Broad River will entail the removal of a jurisdictional 0.9-acre bottomland hardwood forest, which abuts the Broad River within the Main Dam LOD. Additional project details are presented in Section 3, Proposed Project Development, of the supporting Environmental Report of this Individual Permit application submittal. Item 23. Description of Avoidance, Minimization, and Compensation: Appropriate/practicable steps to minimize adverse impacts to jurisdictional waters were considered through analysis of the development concepts during project planning. Avoidance of Waters of the US is not practicable as, under the proposed action, the stormwater outlet channel, which would convey stormwater from the closed ash basin to the Broad River after the Main Dam has been removed, would be constructed through the footprint of Wetland C. An Erosion & Sediment Control (E&SC) Plan is currently being produced in accordance with North Carolina E&SC Planning & Design Manual. Activities will be completed in accordance with North Carolina Department of Environmental Quality rules/regulations. The E&SC Plan developed for the project includes permit drawing set showing the erosion sediment control measures for initial, interim, and final conditions; interim conditions hydrologic and hydraulic (H&H) calculation; and final conditions H&H calculation. Compensatory mitigation for the permanent 0.9-acre impact to Wetland C would be provided through credit purchase via the North Carolina Division of Mitigation Services In -Lieu Fee Program, as further described in Section 6, Wetland Compensatory Mitigation Plan, of the supporting Environmental Report. No mitigation banks (service areas) in the Broad River Basin, specifically within HUC 03050105, offer wetland credits at the present time. Item 26. List of Other Certificates or Approvals/Denials Received from Other Federal, State, or Local Agencies for Work Described in this Application: Agency Type Approval Identification Number Date Applied Date Approved NCDEQ ESCP Permit CLEVE-2020-006 unknown October 11, 2019 NCDEQ ESCP Permit CLEVE-2020-014 unknown February 28, 2020 NCDEQ ESCP Permit PHASE 1 PERMIT March 18, 2021 May 19, 2021 CLEVE-2021-022 NCDEQ ESCP Permit PHASE 2 PERMIT September 29, October 1, 2021 CLEVE-2022-010 2021 NCDEQ ESCP Permit PHASE 3 PERMIT November 22, unknown CLEVE-2022-015 2021 NCDEQ ESCP Permit Utility Corridor CLEVE-2022-015 January 19, 2022 unknown NCDEQ ESCP Permit PHASE 4 PERMIT February 7, 2022 February 21, 2022 CLEVE-2022-032 NCDEQ ESCP Permit PHASE 5 PERMIT July 5, 2022 August 16, 2022 CLEVE-2023-06 j \ � `L of (u�fa - - \)\( // / \ o S \/ E�\§u� a0C:Lo ®® c/y31 §>/ 0 I\kj\\�§j\)jj\ � b LU k3 oop N O V -a 0 V a N 1A 1A � T x pZ o > o > o > p�V pLL o o ° O o� JX JXmin 7 OO om p_ om0 O O Z uo O O 0 N a 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O u z a a a MN N m a o a i � DUKE ENERGY ROGERS ENERGY COMPLEX - CLIFFSIDE STEAM STATION UNIT 5 INACTIVE ASH BASIN DAM DECOMMISSIONING PROJECT Environmental Report —Joint Section 404/401 Individual Permit Application August 2023 Prepared for: (' DUKE ENERGY, 410 South Wilmington Street Raleigh, North Carolina 27601 Prepared by: Nx N I ) WSP USA Environment & Infrastructure Inc. 4021 Stirrup Creek Drive, Suite 100 Durham, North Carolina 27703 Contents Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Executive Summary................................................................1 1 Introduction .................................................................. 4 1.1 BACKGROUND.....................................................................4 1.2 ENVIRONMENTAL REPORT PURPOSE AND OBJECTIVE........................................................................... 5 2 Project Purpose and Need...........................................6 2.1 PROJECT PURPOSE........................................................... 6 2.2 PROJECT NEED................................................................... 6 3 Proposed Project Development...................................7 3.1 UNIT 5 INACTIVE ASH BASIN CLOSURE AND RECLAMATION..................................................................... 7 3.2 DAM DECOMMISSIONING SEQUENCE ............................. 7 3.3 STORMWATER DISCHARGE TO BROAD RIVER..............8 3.4 EROSION & SEDIMENT CONTROL PLAN .......................... 8 4 Alternatives Analysis .................. 4.1 PRACTICABLE ALTERNATIVES FRAMEWORK (40 C.F.R. § 230.10 (A))............................................................ 10 4.1.1 National Environmental Policy Act of 1969 (NEPA)......... 10 4.1.2 CWA Section 404(b)(1) Guidelines.................................10 4.2 IDENTIFICATION OF ALTERNATIVES .............................. 11 4.2.1 Alternative 1 —Dam Decommission................................11 4.2.2 Alternative 2 — No Build...................................................11 4.2.3 Preferred Alternative.......................................................11 4.3 AVOIDANCE AND MINIMIZATION OF IMPACTS .............. 12 5 Waters of the United States & Riparian Buffers ..... 5.1 DESCRIPTION OF AFFECTED ENVIRONMENT .............. 13 5.1.1 Wetlands.........................................................................13 5.1.2 Streams...........................................................................15 5.1.3 Open Waters...................................................................16 5.1.4 Riparian Buffers...............................................................16 5.2 POTENTIAL ENVIRONMENTAL IMPACTS .......................17 5.2.1 Wetlands.........................................................................17 5.2.2 Streams...........................................................................17 5.2.3 Open Waters...................................................................17 5.2.4 Riparian Buffers...............................................................18 6 Wetland Compensatory Mitigation Plan.....................19 6.1 MITIGATION REQUIREMENTS.........................................19 6.2 MITIGATION PLAN............................................................. 19 7 Affected Environment and Impacts 7.1 LAND USE...........................................................................21 7.1.1 Description of Affected Environment...............................21 7.1.2 Potential Environmental Impacts.....................................23 7.2 AESTHETICS & VISUAL RESOURCES ............................. 23 7.2.1 Description of Affected Environment...............................23 7.2.2 Potential Environmental Impacts.....................................24 7.3 GEOLOGY AND TOPOGRAPHY.......................................25 7.3.1 Description of Affected Environment...............................25 Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Contents (continued) 7.3.2 Potential Environmental Impacts.....................................25 7.4 SOILS.................................................................................. 25 7.4.1 Description of Affected Environment...............................25 7.4.2 Potential Environmental Impacts.....................................26 7.5 BIOTIC COMMUNITIES......................................................26 7.5.1 Description of Affected Environment...............................26 7.5.2 Potential Environmental Impacts.....................................28 7.6 WATER RESOURCES / FLOODPLAINS ...........................28 7.6.1 Description of Affected Environment: Surface Waters ..... 28 7.6.2 Potential Environmental Impacts: Surface Waters ..........28 7.6.3 Description of Affected Environment: Floodplains........... 28 7.6.4 Potential Environmental Impacts - Floodplains................29 7.6.5 Description of Affected Environment: Groundwater ......... 29 7.6.6 Potential Environmental Impacts — Groundwater ............29 7.7 PROTECTED SPECIES......................................................30 7.7.1 Description of Affected Environment...............................30 7.7.2 Potential Environmental Impacts.....................................32 7.8 CULTURAL RESOURCES..................................................35 7.8.1 Description of Affected Environment...............................35 7.8.2 Historic Maps..................................................................36 7.8.3 Potential Environmental Impacts.....................................36 7.9 ENVIRONMENTAL JUSTICE.............................................37 7.9.1 Description of Affected Environment...............................37 7.9.2 Potential Environmental Impacts.....................................38 7.10 HAZARDOUS MATERIALS ................................................ 38 7.10.1 Description of Affected Environment...............................38 7.10.2 Potential Environmental Impacts.....................................39 7.11 NOISE AND VIBRATION....................................................39 7.11.1 Description of Affected Environment...............................39 7.11.2 Potential Environmental Impacts.....................................39 7.12 AIR QUALITY......................................................................40 7.12.1 Description of Affected Environment...............................41 7.12.2 Regulatory Requirements for Air Quality — General Conformity....................................................................... 41 7.12.3 Potential Environmental Impacts.....................................42 7.12.4 Proposed Mitigation Measures........................................42 7.13 TRAFFIC AND TRANSPORTATION..................................43 7.13.1 Description of Affected Environment...............................43 7.13.2 Potential Environmental Impacts.....................................43 8 Cumulative Impacts...................................................44 8.1 DIRECT AND INDIRECT EFFECTS OF THE PROPOSED ACTION.........................................................44 8.2 GEOGRAPHIC SCOPE OF CUMULATIVE IMPACTS ............................................................................. 44 8.3 TEMPORAL SCOPE OF CUMULATIVE IMPACTS ............ 45 8.4 AFFECTED ENVIRONMENT..............................................45 8.5 ENVIRONMENTAL CONSEQUENCES..............................45 8.6 AVOIDANCE, MINIMIZATION, AND MITIGATION.............45 8.7 CONCLUSIONS.................................................................. 45 9 Summary and Conclusions........................................47 9.1 BACKGROUND INFORMATION........................................47 9.2 PROJECT DESCRIPTION / PROPOSED ACTION ............ 47 9.3 ALTERNATIVES ANALYSIS...............................................48 Contents (continued) Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application 9.4 ENVIRONMENTAL IMPACTS AND MITIGATIVE ACTIONS............................................................................. 49 10 References................................................................50 TABLES Table 5.1. Wetlands within or outside of the Main Dam LOD and the U51AB LOD..............................................14 Table 5.2. Streams abutting or outside of the U51AB LOD............ 16 Table 5.3. Proposed Impacts to Wetlands within or outside of the Main Dam LOD and the U51AB LOD ..................17 Table 6.1. Potential Wetland Mitigation Costs for Impacts to WOTUS within the Main Dam LOD..............................20 Table 7.1. Specific Land Cover Types within the Main Dam LOD and within a 1-Mile Radius...................................21 Table 7.2. Specific Land Cover Types within the U51AB LOD and within a 1-Mile Radius...................................22 Table 7.3. Soil Types within the Main Dam LOD and the U51AB LOD................................................................... 26 Table 7.4. Potential for Effect for Federally Listed Animal and Plant Species within the Main Dam LOD............... 31 Table 7.5. Previously Recorded Historic Architectural Resources Located in the Vicinity of the Project Site................................................................................ 36 Table 7.6. Census Data for the Project Site, 2020 ........................ 38 Table 7.7. USEPA Standard Noise Levels for Various Community Types......................................................... 39 Table 7.8. Air Emissions from Sources in Cleveland County, North Carolina ................................................. 41 APPENDICES Appendix A. NC WAM WETLAND ASSESSMENT FORMS AND NC SAM STREAM ASSESSMENT FORMS Appendix B. PLAN VIEW AND CROSS-SECTION DRAWINGS Appendix C. NCNHP AND USFWS DATABASE QUERY RESULTS Appendix D. PHOTOGRAPHIC LOG Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Contents (continued) ABBREVIATIONS AND ACRONYMS Abbreviation or Acronym APE BGEPA Definition Area of Potential Effect Bald and Golden Eagle Protection Act BMP(s) Best Management Practice(s) CAMA-14 Coal Ash Management Act of 2014 CCR Coal Combustion Residuals Council on Environmental Quality Comprehensive Environmental Response, Compensation, and Liability Act Code of Federal Regulations Rogers Energy Complex — Cliffside Steam Station Carbon Monoxide Clean Water Act CEQ CERCLA CFR Cliffside Steam Station CO CWA dBA A -Weighted Decibels DEMLR Division of Energy, Mineral, and Land Resources DFIRM Digital Flood Insurance Rate Map Duke Energy Duke Energy Carolinas, LLC ECOS Environmental Conservation Online System EO Executive Order ER Environmental Report ESA Endangered Species Act E&SC Erosion & Sediment Control FEMA Federal Emergency Management Agency FIRM Floodplain Insurance Rate Map FIR Federal Register GIS Geographic Information System GPS G.S. HPOWEB Global Positioning System General Statutes Historic Preservation Office Web Service Hydrologic Unit Code HUC IP Individual Permit IPac Information, Planning, and Consultation System JD Jurisdictional Determination Ldn Day/Night Levels LEDPA Least Environmentally Damaging Practicable Alternative Limits of Disturbance LOD MBTA Migratory Bird Treaty Act NAAQS National Ambient Air Quality Standards NCAC North Carolina Administrative Code iv Contents (continued) Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Abbreviation or Acronym Definition NCDCR North Carolina Department of Cultural Resources NCDEQ North Carolina Department of Environmental Quality NCDMS North Carolina Division of Mitigation Services NCDOT North Carolina Department of Transportation NCDWR North Carolina Division of Water Resources NCED National Conservation Easement Database NCGS North Carolina Geological Survey NCHPO North Carolina Historic Preservation Office NCNHP North Carolina Natural Heritage Program NCOSA North Carolina Office of State Archaeology NC SAM North Carolina Stream Assessment Method NC WAM North Carolina Wetland Assessment Method NEPA National Environmental Policy Act NFIP National Flood Insurance Program NHPA National Historic Preservation Act NLCD National Land Cover Database NOx Nitrogen Oxides NPDES National Pollutant Discharge Elimination System NRCS Natural Resources Conservation Service NRHP National Register of Historic Places NWI National Wetland Inventory PM Particulate Matter PMP Probable Maximum Precipitation RCRA Resource Conservation and Recovery Act SFHA Special Flood Hazard Area SOz Sulfur Dioxide SOP Standard Operating Procedure TNW Traditional Navigable Water TWT Taylor Wiseman & Taylor U51AB Unit 5 Inactive Ash Basin USACE United States Army Corps of Engineers USC United States Code USCB United States Census Bureau USDA United States Department of Agriculture USEPA United States Environmental Protection Agency USFS United States Forest Service USFWS United States Fish and Wildlife Service USGS United States Geological Survey voc Volatile Organic Compounds Wood Wood Environment & Infrastructure Solutions v Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Contents (continued) Abbreviation or Acronym WSP Definition WSP USA Environment & Infrastructure Inc. WOTUS Waters of the United States amsl above mean sea level dB decibels vi Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Executive Summary The Rogers Energy Complex — Cliffside Steam Station is located one and one-half miles to the south of the unincorporated community of Cliffside, in Rutherford and Cleveland Counties, North Carolina. The Cliffside Steam Station began commercial operation in 1940. The coal- and natural gas -fired units are still referred to as Cliffside Units 5 and 6. Units 1 through 4 were retired in 2011. In 2018, natural gas was added to the facility, thus allowing up to 40% natural gas co -firing on Unit 5 and up to 100% on Unit 6. The property owner and permit applicant is Duke Energy Carolinas, LLC (Duke Energy). On August 20, 2014, the North Carolina General Assembly passed S 729, the Coal Ash Management Act of 2014 (CAMA-14) requiring Duke Energy to phase out wet coal ash handling. Under CAMA-14, all coal ash will be covered by North Carolina's solid waste laws. Prior to the promulgation of CAMA-14, engineering work was underway to close ash basins at the retired coal plants. Duke Energy has accelerated and expanded that work to include closing all ash basins at retired and operating coal plants across its six -state service area. Additionally, the February 5, 2020, Consent Order with the State of North Carolina requires that Coal Combustion Residuals (CCR) materials currently in unlined ash basins of Duke Energy coal -fire plants be excavated and relocated to lined landfills. At the Cliffside Steam Station, the Unit 5 Inactive Ash Basin (U51AB) is currently being closed by removing the CCR materials that are present within the basin. The U51AB was retired in 1980 and has not received sluiced ash since that time. At the Cliffside Steam Station, State Dam RUTHE-070 is the Main Dam for the U51AB. This dam is a high - hazard earth fill embankment. State Dam RUTHE-072, which is also referred to as the Saddle Dam, is the other principal embankment of the U51AB. As a part of the removal of CCR materials from the U51AB, Duke Energy is seeking approval to breach and remove these structures from the state dam inventory. To summarize, the purpose of the project (proposed action) at the Cliffside Steam Station U51AB is to breach and remove the Main Dam and, if required, the Saddle Dam. The purpose of the project is based on the need to address the North Carolina CAMA-14 regulatory requirements related to ash basin closure (i.e., U51AB) at the Cliffside Steam Station and the disposal of CCR materials in a safe and timely manner. The excavation of CCR materials from the U51AB will be contained within the ash basin and completed prior to breaching the Main Dam and, if required, the Saddle Dam. The interior areas of the ash basin will be stabilized with vegetation prior to the breach. The remaining areas disturbed by the final breach will be stabilized following the breach and in accordance with applicable Erosion & Sediment Control (E&SC) Plans. The project will entail the construction of five stormwater channels. Four channels will be established within the U51AB Limits of Disturbance (LOD), while one channel, the outlet channel, will be constructed within the Main Dam LOD. Stormwater within the reclaimed U51AB LOD will be routed through the four stormwater channels and collected downstream in the outlet channel for discharge to the Broad River. The proposed stormwater channels and dam breach were designed to have adequate capacity and stability for the 100- year, 24-hour storm. The stormwater channel routing design will include the reconnection of two streams (Streams 7 and 8) to the Broad River. Both streams historically drained to the Broad River prior to the construction of the U51AB. The construction of the outlet channel to the Broad River will entail the removal of Waters of the United States (WOTUS); i.e., Wetland C, which partially abuts the Broad River within the Main Dam LOD. The discharge of dredged or fill material into WOTUS and most categories of work in navigable water bodies require United States Army Corps of Engineers (USACE) authorization under Section 404 of the Clean Water Act (CWA). Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application In the evaluation of CWA Section 404 permit applications to discharge dredged or fill material into WOTUS including wetlands, the USACE is required to analyze alternatives that could achieve purpose and need. According to 40 Code of Federal Regulations (CFR) Section 230.10(a), a discharge of dredged or fill material will be permitted by the USACE if no practical alternatives to the proposed discharge will have less adverse impact on the aquatic ecosystem and there are no other significant adverse environmental consequences. The range of alternatives included in this analysis were limited to two action alternatives to satisfy the purpose and need of the project. The removal (decommissioning) of the Main Dam and, if required, the Saddle Dam is a principal element of the overall process to dispose of CCR materials as linked to the U51AB closure activities at the Cliffside Steam Station. The excavation and removal of CCR materials is a function of the promulgation of CAMA-14. Therefore, the impetus for the alternatives analysis is linked to this process. Alternative 1 would entail the breach and removal of the Main Dam and, if required, the Saddle Dam from the state dam inventory. This action alternative would follow the construction and dam decommissioning sequencing and restrictions for the project as previously described in the ER. Furthermore, the E&SC Plan for the Main Dam LOD would be implemented. Prior to the breaching of the Main Dam and, if required, the Saddle Dam, the excavation of ash within the boundary of the U51AB would need to be completed. In addition, the interior areas of the ash basin would be stabilized with vegetation prior to the breach activities. Alternative 1 would require the placement of fill material into WOTUS (Wetland C) for the construction of the stormwater outlet channel to the Broad River. Under the No Build Alternative (Alternative 2), the breach and removal of the Main Dam and, if required, the State Dam at the Cliffside Steam Station would not occur. The dam structures would remain on the state dam inventory and no impact to WOTUS (Wetland C) would occur under this alternative. However, the construction of the stormwater outlet channel from the U51AB to the Broad River (following the removal of CCR materials from the basin and the planting of vegetation for stabilization) would not occur and stormwater would not be routed to the river. Because of this action, the ash basin closure would be affected, and Duke Energy could not comply with CAMA-14 or the February 5, 2020, Consent Order at the Cliffside Steam Station. As Alternative 2 does not meet the project purpose and need, including the afore -mentioned legal directives, it was dismissed from further consideration. The preferred alternative is Alternative 1, the U51AB dam decommissioning action. This action alternative meets the purpose and need of the project. To complete the proposed action, a permanent impact to jurisdictional wetlands would be necessary. The wetland impact would be limited, however, to Wetland C within the Main Dam LOD. The proposed impact to Wetland C would be 0.90 acre; i.e., the entire wetland would be permanently impacted. Under the proposed action, the stormwater outlet channel, which would convey stormwater from the closed ash basin to the Broad River after the Main Dam has been removed, would be constructed through the footprint of Wetland C. Wetland A, which abuts the southeastern finger lobe of the U51AB, would not be impacted under the proposed action. In addition, no permanent or temporary impacts to jurisdictional streams will be necessary; i.e., Stream 7, which abuts the central portion of the U51AB, and Stream 8, which abuts a southern finger lobe of the ash basin. Since the Cliffside Steam Station in not located within a river basin subject to State of North Carolina Riparian Buffer Protection Rules, there would be no impacts to state -regulated riparian buffers within the project site. With regards to local regulatory restrictions, riparian (vegetative) buffers would be required Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application along perennial waters under the Cleveland County Code of Ordinances and the Rutherford County Watershed Protection Ordinance. Compensatory mitigation for the proposed jurisdictional waters impact is required under the Section 404 IP. Appropriate avoidance and practicable minimization efforts have been conducted through the engineering design process. However, the unavoidable impact to on -site WOTUS is necessary to complete the proposed action. Based on the review of the mitigation options available, it was determined that credit purchase through the North Carolina Division of Mitigation Services (NCDMS) In -Lieu Fee Program was necessary because there are no private mitigation banks offering wetland credits in the Broad River Basin at this time. On -site mitigation and offsite mitigation opportunities were not explored because the In -Lieu Fee option was available. It is noted that the Box Creek mitigation bank (McDowell and Rutherford Counties) in the Broad River Basin, with a service area within Hydrologic Unit Code (HUC) 03050105, offers only stream credits. This mitigation bank does not offer wetland credits at the present time. The implementation and completion of the U51AB Dam Decommissioning project is not expected to influence cultural resources or historic properties. The proposed action should have no effect on environmental justice for the surrounding residential communities; is not expected to impact noise -sensitive land uses; and is not expected to impact air quality locally or regionally. Furthermore, substantial impacts to local or regional land use, aesthetics and visual resources, geologic features, biotic communities, and traffic and transportation are not expected to occur. With respect to federally protected plant and animal species, proposed listed species, and candidate species, the implementation and completion of the U51AB Dam Decommissioning project is not expected to have substantive effects on local or regional populations or the population dynamics of the plant and animal species that have a potential for occurrence in the vicinity of the project site. A finding of "May Affect, Not Likely to Adversely Affect" was presumed for the Indiana bat, tricolored bat, dwarf -flowered heartleaf, and small whorled pogonia. A finding of "No Effect" was presumed for the bog turtle and the rock gnome lichen. These findings were based on site reconnaissance of the project area habitats by WSP in April and June of 2023. Finally, this Environmental Report (ER) was prepared by WSP to facilitate, for Duke Energy, the preparation and submittal of federal and State of North Carolina regulatory permit applications and associated documents for the U51AB Dam Decommissioning project at the Cliffside Steam Station. WSP support includes coordination with regulatory staff to secure a USACE CWA Section 404 IP and North Carolina Department of Environmental Quality - Division of Water Resources (NCDEQ-DWR) Section 401 Water Quality Certification for the project (Joint IP). It is noted herein that the dam decommissioning and E&SC Plans for the project are under development and have not been finalized at this time. These plans may be updated based on regulatory review and comment by the NCDEQ Division of Energy, Mineral, and Land Resources (DEMLR) Land Quality Section and Dam Safety Section. Further, it is presumed that updates/changes to the Plans, if suggested or required by regulatory agency staff, would be minor in scope. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application 1 Introduction BACKGROUND The Duke Energy Rogers Energy Complex — Cliffside Steam Station (Cliffside Steam Station) is located one and one-half miles to the south of the unincorporated community of Cliffside, in Rutherford and Cleveland Counties, North Carolina (Figure 1). The Cliffside Steam Station began commercial operation in 1940. The coal- and natural gas -fired units are still referred to as Cliffside Units 5 and 6. Units 1 through 4 were constructed between 1938 and 1948 and retired in 2011. In 2018, natural gas was added to the facility, thus allowing up to 40% natural gas co -firing on Unit 5 and up to 100% on Unit 6. The property owner and permit applicant is Duke Energy Carolinas, LLC (Duke Energy). On August 20, 2014, the North Carolina General Assembly passed S 729, the Coal Ash Management Act of 2014 (CAMA-14), requiring Duke Energy to phase out wet coal ash handling. Under CAMA-14 [§North Carolina General Statutes (G.S.) §130A-309.214(a)(4)], all coal ash in the state will be covered by North Carolina's solid waste laws. Additionally, the February 5, 2020, Consent Order with the State of North Carolina requires that Coal Combustion Residuals (CCR) materials currently in unlined ash basins of Duke Energy coal -fire plants be excavated and relocated to lined landfills. Duke Energy is committed to safely dismantling its existing older plants as part of a complex, multiyear process known as "decommissioning and demolition." The long-term vision for sites with retired coal units across the system is to demolish the structures and return the properties to a more natural state through grading and revegetation. At the Cliffside Steam Station, the Unit 5 Inactive Ash Basin (U51AB) (Figure 1 through Figure 7) is currently being closed by removing the CCR materials that are present within the basin. The U51AB was retired in 1980 and has not received sluiced ash since that time. State Dam RUTHE-070 is the Main Dam for the U51AB. This dam is a high -hazard earth fill embankment. State Dam RUTHE-072, which is also referred to as the Saddle Dam, is the other principal embankment of the U51AB. The location of each dam is shown on Figure 5. As a part of the removal of CCR materials from the U51AB, Duke Energy is seeking approval to breach and remove these structures from the state dam inventory. Specifically, Duke Energy submitted a dam decommissioning approval request to the North Carolina Department of Environmental Quality (NCDEQ) for decommissioning of the Main Dam and Saddle Dam structures. WSP USA Environment & Infrastructure Inc. (WSP) is supporting Duke Energy in the preparation and submittal of the Erosion & Sediment Control (E&SC) Plan for the proposed dam decommissioning activities at the Cliffside Steam Station. The WSP supporting engineering documentation includes a Design Report (Dam Decommissioning Plan permit drawings, calculations, and technical specifications) and geotechnical data. The WSP Carolinas Natural Resources Group is concurrently providing support to Duke Energy for the preparation and submittal of federal and State of North Carolina regulatory permit applications and associated documents for the U51AB Dam Decommissioning Project (the project) at the Cliffside Steam Station. WSP support includes coordination with regulatory staff to secure a United States Army Corps of Engineers (USACE) Clean Water Act (CWA) Section 404 Individual Permit (IP) and NCDEQ Division of Water Resources (NCDEQ-DWR) Section 401 Water Quality Certification for the project (Joint IP). Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application ENVIRONMENTAL REPORT PURPOSE AND OBJECTIVE The discharge of dredged or fill material into Waters of the United States (WOTUS) and most categories of work in navigable water bodies require USACE authorization under Section 404 of the CWA. The intent of this Environmental Report (ER) is to provide the Wilmington District of the USACE with a basis to evaluate and issue an IP and associated certifications for the proposed action. In addition, corresponding Water Quality Certification must be provided by the NCDEQ-DWR. The purpose of this ER is to serve as a source of supplemental information for the Section 404 IP application. The ER provides documentation of the current ecological and physical condition of jurisdictional waters and other resources that occur within the project site. Further, this document describes the approach to wetland mitigation outlined in the CWA Section 404 (b)(1) guidelines and followed by the State of North Carolina, to include avoidance, minimization, and compensation. The specific objective of this investigation and the ER document is to provide the USACE Wilmington District, the NCDEQ-DWR, and other commenting and reviewing agencies a basis to evaluate and issue a Section 404 IP and associated certifications for the proposed action. It is noted that, throughout the ER and as identified in the attached figure set, the project area is identified and delimited, respectively, as the Main Dam Limits of Disturbance (LOD) (13 acres). As the proposed action (dam decommissioning) is linked to the closure of the ash basin, the ash basin is identified and delimited as the U51AB LOD (75 acres) in the ER and the figure set, respectively. In addition, included as supporting documentation to this ER and the Section 404 IP application, the following are found in the appendices: • North Carolina Wetland Assessment Method (NC WAM) Wetland Assessment Forms and North Carolina Stream Assessment Method (NC SAM) Stream Assessment Forms (Appendix A); • Plan View and Cross -Section Drawings (Appendix B); • North Carolina Natural Heritage Program (NCNHP) and United States Fish and Wildlife Service (USFWS) Database Query Results (Appendix C); and • Photographic Log (Appendix D). Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application 2 Project Purpose and Need PROJECT PURPOSE The purpose of the project (proposed action) at the Cliffside Steam Station U51AB is to breach and remove State Dam RUTHE-070 (Main Dam) and, if required, State Dam RUTHE-072 (Saddle Dam) from the state dam inventory. The proposed action would require the placement of fill material into WOTUS. The details of the project are discussed in Section 3 (Proposed Project Development) of the ER. PROJECT NEED The purpose of the project is based on the need to address the North Carolina CAMA-14 regulatory requirements related to ash basin closure (i.e., U51AB) at the Cliffside Steam Station and the disposal of CCR materials in a safe and timely manner. The principal action that has accelerated the excavation and removal of CCR materials from coal ash storage ponds (i.e., ash basins) at Duke Energy power generating plants with coal-fired facilities is the promulgation of CAMA-14. Enacted on August 20, 2014, the bill requires Duke Energy to phase out wet ash handling. As such, all coal ash in the state will be covered by North Carolina's solid waste laws. In conjunction with CAMA-14, the NCDEQ has amassed comprehensive data about coal ash facilities statewide. The information has been essential in NCDEQ's prioritization of closure plans for the Duke Energy facilities with coal ash storage ponds, including the Cliffside Steam Station (NCDEQ 2016). With these considerations, the proposed action will address North Carolina regulatory requirements as related to ash basin closure and disposal of CCR materials at the Cliffside Steam Station. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application 3 Proposed Project Development UNIT 5 INACTIVE ASH BASIN CLOSURE AND RECLAMATION Presently, ash from the U51AB is transported to the on -site lined landfill. The on -site landfill is located to the south of the U51AB across the Duke Power Road (Figure 1). Ash from the basin is transported to the landfill with articulated trucks. The excavation of ash from the basin will be completed prior to breaching the Main Dam and, if required, the Saddle Dam. Soil from the dam removal will be used for restoration grading within the U51AB area and used for on -site landfill operations and closure. Soil will go directly to the landfill operations, closure, or be stockpiled adjacent to the landfill in approved stockpile locations covered by existing E&SC Plans. Furthermore, the interior areas of the ash basin will be stabilized with vegetation prior to the dam breach. The remaining areas disturbed by the final breach will be stabilized following the breach and in accordance with applicable E&SC Plans. The Cliffside Steam Station Vegetation Maintenance and Implementation Plan will be utilized during the project to establish temporary or permanent vegetation in areas where bare soil is exposed. DAM DECOMMISSIONING SEQUENCE The following summarizes the construction and dam decommissioning sequencing and restrictions for the project. The construction sequencing is not intended to control specific means and methods of performing the work, but to inform the site contractor of the necessary controls and sequence of work. The intent of the dewatering restrictions is to maintain acceptable water levels during dam decommissioning activities. 1 Continue dewatering the ash basin below excavation and removal of ash. There is currently negligible free water that is impounded by the embankment. 2 Install and maintain E&SC measures in accordance with applicable E&SC Plans and Permits. 3 Excavate embankment soils consistent with the sequencing defined in the Dam Decommissioning Plan permit drawings summarized as follows. a Initial dam lowering sequences will hold the appropriate NCDEQ Dam Safety design storm without dicharging water downstream of the Main Dam. Stormwater will be pumped to and treated at the on -site waste water treatment plant through an existing NPDES permitted outfall b Construct the outlet channel to the Broad River c Install the Remnant Dam (final step prior to breaching the Main Dam) sediment basin primary and auxiliary spillway d Lower the Main Dam to the Remnant Dam elevation and discharge to the Broad River through the primary and auxiliary spillway e Confirm final grading and stabilization upstream f Remove the Remnant Dam embankment and discharge to Broad River (final conditions) Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application STORMWATER DISCHARGE TO BROAD RIVER The project will entail the construction of five stormwater channels. Four channels will be established within the U51AB LOD, while one channel, as identified above as the outlet channel, will be constructed within the Main Dam LOD. Stormwater within the reclaimed U51AB LOD will be routed through the four stormwater channels and collected downstream in the outlet channel for discharge to the Broad River. The proposed stormwater channels and dam breach were designed to have adequate capacity and stability for the 100- year, 24-hour storm. The stormwater channel routing design will include the reconnection of two streams to the Broad River. These two streams are identified on Figure 5 as Stream 7 and Stream 8. Stream 7 abuts the central portion of the U51AB, while Stream 8 abuts a southern finger lobe of the ash basin. Both streams historically drained to the Broad River prior to the construction of the U51AB. The construction of the outlet channel to the Broad River will entail the removal of WOTUS; i.e., Wetland C, which partially abuts the Broad River within the Main Dam LOD (see Figure 5). The proposed permanent impact to Wetland C is discussed in Section 5.2.1 (Wetlands) of the ER. It is noted that during the engineering planning phase of the project, as specifically related to the discharge of stormwater into the Broad River, the option for discharge of stormwater directly into Wetland C (landward of the river) would result in substantial and continuous vegetative and hydrologic impacts to the wetland. Therefore, this option was not developed further. r-muoiON & SEDIMENT CONTROL PLAN Duke Energy requested that WSP prepare the E&SC Plan for the proposed dam decommissioning activities at the Cliffside Steam Station. There are multiple U51AB E&SC permits covering the phased ash basin excavation activities. The latest E&SC Plan is Phase 5. The permit for this E&SC Plan was issued by the NCDEQ on August 16, 2022 (Permit Number CLEVE-2023-06). The intent of this discussion is to define the E&SC Plans for the land disturbing activities associated with the decommissioning of the Main Dam and, if required, the Saddle Dam at the U51AB, Cliffside Steam Station. The scope includes E&SC design of features to be utilized throughout the construction activities. The E&SC measures for this project involve the placement of a variety of erosion and sediment control devices at strategic locations throughout the area. These measures include: 1 Construction Entrance 2 Safety Fence 3 Silt Fence 4 Silt Fence Outlet 5 Temporary/Permanent Seeding 6 Erosion Control Matting 7 Temporary Diversion Channel (as needed) 8 Rock Check Dams 9 Compost Sock 10 Sediment Basin 11 Gabion Outlet Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application These devices are to be installed per the proposed construction sequence prior to land disturbance. The proposed E&SC measures are designed for a minimum 10-year 24-hour type II storm event and shall be properly maintained until the completion of construction activities and until disturbed areas have been stabilized. E&SC devices have been designed to handle surface water runoff from within the limits of disturbance. Additional control devices may be required during construction to control erosion and/or offsite sedimentation as needed. Temporary control devices shall be removed once construction is complete, and the site is stabilized. It is noted herein that the dam decommissioning and E&SC Plans for the project are under development and have not been finalized at this time. These plans may be updated based on regulatory review and comment by the NCDEQ Division of Energy, Mineral, and Land Resources (DEMLR) Land Quality Section and Dam Safety Section. Further, it is presumed that updates/changes to the Plans, if suggested or required by regulatory agency staff, would be minor in scope. 9 Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application 4 Alternatives Analysis PRACTICABLE ALTERNATIVES FRAMEWORK (40 C.F.R. § 230.10 (A)) In the evaluation of CWA Section 404 permit applications to discharge dredged or fill material into WOTUS, including wetlands, the USACE is required to analyze alternatives that could achieve purpose and need. The USACE conducts this analysis pursuant to two main requirements: ,. , National E. ivironmental Policy Act of 1969 (NEPA) NEPA requires federal agencies to consider environmental impacts of the proposed actions and a range of reasonable alternatives to those actions. Reasonable alternatives do not require consideration of every conceivable variation of an alternative (40 Code of Federal Regulations [CFR] §1502.14) and must be capable of achieving the basic project goal. The Council on Environmental Quality (CEQ) describes "reasonable" alternatives as those that are practical or feasible from the technical or economic standpoint and use common sense rather than simply desirable from the standpoint of the applicant (CEQ 1981). For alternatives eliminated from further study, a project's environmental documentation must "briefly discuss the reasons for having been eliminated" (CEQ 1981). CWA Section 404(b)(1) Guidelines CWA Section 404(b)(1) Guidelines state "no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences" (40 CFR § 230.10a). Practicable means available and capable of being done after taking into consideration cost, existing technology, and logistics considering the overall project purpose. The foremost objective of the CWA is to restore and maintain the chemical, biological, and physical integrity of the nation's waters through the elimination of discharges of pollutants (33 United States Code [USC] § 466 et seq.). Pollutants include dredged and fill materials [40 CFR 230.3(o)], while the nation's waters, or WOTUS, include wetlands [40 CFR 230.3(s) (7)]. The United States Environmental Protection Agency (USEPA) 404(b)(1) Guidelines (40 CFR 230) provide the criteria that are used in reviewing USACE permit applications, with respect to the authorization of discharge of dredged or fill material into WOTUS, including wetlands. Under the USEPA Guidelines, the principal screening action to assess the necessity of permitting a discharge of dredged or fill material into WOTUS is the analysis of practicable alternatives [40 CFR 230.10(a)]. According to 40 CFR Section 230.10(a), a discharge of dredged or fill material will be permitted by the USACE if no practical alternatives to the proposed discharge will have less adverse impact on the aquatic ecosystem and there are no other significant adverse environmental consequences. Under 40 CFR Section 230.10(a)(2), a practicable alternative is an alternative site that is available and capable of being developed after considering costs, existing technology, and logistics considering overall project purposes. The permit applicant is only required to evaluate alternatives that are considered practicable based on costs, technical factors, or logistical factors that can achieve the overall purpose of the proposed activity. According to USACE's Army Corps of Engineers Standard Operating Procedures for the Regulatory Program (SOP), dated October 15, 1999, the amount of information that is needed and the level of scrutiny that is required by the USEPA 404(b)(1) Guidelines are commensurate with the severity of the environmental impact and the scope/cost of the project. The SOP provides compliance evaluation Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application procedures under the USEPA 404(b)(1). Guidelines vary to reflect the degree of potential for adverse impacts on the aquatic ecosystems. The alternatives that were considered for the proposed action at the Cliffside Steam Station for the project were evaluated pursuant to the SOP. - IDENTIFICATION OF ALTERNATIVES The range of alternatives included in this analysis were limited to two action alternatives to satisfy the purpose and need of the project. Duke Energy recognizes that certain criteria are necessary to specify the minimum needs and conditions that would meet the operational requirements for the breach and removal of State Dam RUTHE-070 (Main Dam) and, if needed, State Dam RUTHE-072 (Saddle Dam) from the state dam inventory. It is important to acknowledge at the outset the principal concern of Duke Energy in serving as the applicant for this project is to serve the best interests of its clients (i.e., the public) and make sure the Least Environmentally Damaging Practicable Alternative (LEDPA) adheres to the purpose and need of the project, as set forth herein. The LEDPA must be able to accommodate the operational and budgetary needs of the end clients, as well as Duke Energy, for the project to be a success. Furthermore, as the overriding project need, the project must comply with the North Carolina CAMA-14 regulatory requirements. The two action alternatives are discussed below. 2.1 Alternative 1 — Dam Decommission Alternative 1 would entail the breach and removal of State Dam RUTHE-070 (Main Dam) and, if required, State Dam RUTHE-072 (Saddle Dam) from the state dam inventory. This action alternative would follow the construction and dam decommissioning sequencing and restrictions for the project as previously described in Section 3.2 (Construction/Dam Decommissioning Sequence) of the ER. Furthermore, the E&SC Plan, as previously described in Section 3.4 (Erosion and Sediment Control Plan) of the ER, would be implemented. Prior to the breaching of the Main Dam and, if required, the Saddle Dam, the excavation of ash within the boundary of the U51AB would need to be completed. In addition, the interior areas of the ash basin would be stabilized with vegetation prior to the breach activities. Alternative 1 would require the placement of fill material into WOTUS (Wetland C) for the construction of the stormwater outlet channel to the Broad River, as previously identified in Section 3.3 (Stormwater Discharge to Broad River) of the ER and discussed in Section 5.2.1 (Wetlands) of the ER. 4.2.2 Altei native 2 — .,.j Builu Under the No Build Alternative (Alternative 2), the breach and removal of the Main Dam and, if required, the State Dam at the Cliffside Steam Station would not occur. The dam structures would remain on the state dam inventory and no impact to WOTUS (Wetland C) would occur under this alternative. However, the construction of the stormwater outlet channel from the U51AB to the Broad River (following the removal of CCR materials from the basin and the planting of vegetation for stabilization) would not occur and stormwater would not be routed to the river. Because of this action, the ash basin closure would be affected, and Duke Energy could not comply with CAMA-14 or the February 5, 2020, Consent Order at the Cliffside Steam Station. As Alternative 2 does not meet the project purpose and need, including the afore -mentioned legal directives, it was dismissed from further consideration. T.2.3 Preferred Alternative The preferred alternative is Alternative 1, the U51AB dam decommissioning action. This action alternative meets the purpose and need of the project. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application AVOIDANCE AND MINIMIZATION OF IMPACT Appropriate and practicable steps to minimize potential adverse impacts to wetlands and streams were considered through analysis of the development concepts during project planning for the proposed action. The complete avoidance of WOTUS was not practicable during project development. The excavation and disposal of CCR materials from the U51AB, as ultimately required under CAMA-14, could not be accomplished without some impact to WOTUS. The impact to WOTUS within the Main Dam LOD would occur as part of the dam decommissioning effort and the routing of stormwater to the Broad River via the outfall channel. However, the impact to WOTUS would be limited to Wetland C (0.90 acre), for the construction of the stormwater outfall channel. Proper sedimentation and erosion control planning and implementation are essential for this project. Detailed E&SC Plans have been prepared and submitted to the NCDEQ as appropriate during permitting progression. As previously stated in this ER, the dam decommissioning and E&SC Plans for the project may be updated based on regulatory review and comment by the USACE and/or the NCDEQ-DWR of the Joint IP application or other project related applications. The construction sequence for the E&SC Plans details the phasing requirements for work at the U51AB LOD, such as the removal of any sediment accumulation from sediment ponds prior to converting them to their permanent condition. All culvert and pipe ends have been designed to be non -erosive with appropriate end protection measures such as riprap dissipaters and grade controls. The E&SC design also includes construction entrances, sediment basins, silt fencing, and dust control as needed to obtain permits from the NCDEQ. Overall, E&SC Plan measures are provided to prevent impairment of downstream receiving waters (water quality), specifically the Broad River. Additional details of the E&SC Plans are presented in Section 3.4 (Erosion & Sediment Control Plan) of the ER. 12 Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Waters of the United States & Riparian Buffers WOTUS, including streams and wetlands, are defined by 33 CFR Part 328.3 et al. and are protected by Section 404 and applicable sections of the CWA (33 USC 1344). Impacts to these regulated resources are administered and enforced by the Wilmington District of the USACE, as well as other federal and state government agencies. The WOTUS that occur within the project site and proposed impacts to those waters are discussed in this section. 5.1 DESCRIPTION OF AFFECTED ENVIRONMENT 5.1.1 Wetlands On -site evaluations for the presence of potentially jurisdictional surface waters within the Cliffside Steam Station were conducted between December 18 to 19, 2014, and April 27 to 29, 2015, by Amec Foster Wheeler (currently WSP) wetland scientists. Potentially jurisdictional wetland areas were delineated (flagged) using the Routine On -Site Determination Method as defined in the USACE Wetland Delineation Manual (USACE 1987) and the Eastern Mountains and Piedmont Regional Supplement (USACE 2012). This technique uses a multi -parameter approach which requires positive evidence of three criteria: hydrophytic vegetation, hydric soils, and wetland hydrology. Areas exhibiting wetland characteristics within the Cliffside Steam Station boundary were considered potentially jurisdictional waters. The landward limits of wetlands were subsequently marked in the field with labeled survey tape tied to vegetation or stakes. The location of each flag point was acquired by a Global Positioning System (GPS) device. A request for verification of the Jurisdictional Determination (JD) was submitted on September 1, 2015, by Amec Foster Wheeler to Mr. David Brown of the USACE Asheville Regulatory Field Office for the delineated wetland areas within the Cliffside Stream Station. This request for verification of the JD included three areas within the Cliffside Steam Station: two closed ash basins (i.e., Unit 1-4 Inactive Ash Basin and the U51AB) and a landfill area for the disposal of ash. It was noted in the September 1, 2015, cover letter for the request for verification of the JD that Mr. Brown had previously reviewed each of the afore -mentioned three areas during a site inspection on August 14, 2015. On November 20, 2015, Mr. Brown, USACE, issued the Notification of JD (Approved JD) for the U51AB, as permitted under USACE Action ID 2015-01426. The issued Notification of JD included the following remarks: "The Unit 5 Inactive Coal Ash Basin project area does not contain jurisdictional waters of U.S. (WoUS), including wetlands, under Department of Army authority. On -site verification of no jurisdictional WoUS, under Department of Army authority at the project area, was conducted by the Corps on October 8, 2015 and the Unit 5 Inactive Coal Ash Basins project area reviewed is approximately depicted on the attached Unit 5 Inactive Basin - Figure 3 Jurisdictional Map (dated November 18, 2015) submitted by AMEC Foster Wheeler. NOTE: Jurisdictional waters of U.S. (WoUS), including wetlands, under Department of Army authority adjoin the Unit 5 Inactive Coal Ash Basins project area. Wetland C is outside the Unit 5 Inactive Coal Ash Basins project area, though within the Unit 5 Inactive Coal Ash buffer area." Figure 5 (Jurisdictional Features Map), as attached to this ER, depicts the U51AB LOD and the Main Dam LOD for the project. The jurisdictional limits of Wetland C, as occurring entirely within the Main Dam LOD (proposed work area) and inspected and approved by the USACE, are shown on Figure 5. The landward limits of the jurisdictional wetlands (flag points) within the Cliffside Steam Station, as identified in the issued USACE Notification of JD (USACE Action ID 2015-01426), were surveyed by Taylor Wiseman Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application & Taylor (TWT), a registered Professional Land Surveyor. The survey plats were signed and sealed by TWT on November 28, 2017. The jurisdictional limits of Wetland C, as shown on Figure 5, are based on the TWT survey. The surveyed jurisdictional limits of Wetland A and Wetland M are also shown on Figure 5. Wetland A abuts, but is located outside, the southeastern finger lobe of the U51AB, while Wetland M occurs to the northwest and beyond the Main Dam LOD. Based on the jurisdictional feature delineation and the USACE Notification of JD, Wetland C occurs within the Main Dam LOD (Figure 5 and Table 5.1), while Wetland M and Wetland A occur outside the Main Dam LOD and the U51AB LOD, respectively. The classifications of these wetlands are based on the NC WAM per the methodology outlined in the NC WAM User Manual (Version 5), effective February 2016 (NC Wetland Functional Assessment Team 2016). Information on the location, size, and NC WAM classification of Wetlands A, C, and M is presented in Table 5.1. The USACE Eastern Mountain and Piedmont Wetland Determination Data Forms for these wetland areas were included in the verification of the JD request package previously submitted to the USACE. Table 5.1. Wetlands within or outside of the Main Dam LOD and the U51AB LOD WETLAND ID NC WAM CLASSIFICATION NC WAM OVERALL RATING SIZE (ACRES) Within Main Dam LOD Wetland C Bottomland Hardwood Forest Low 0.90 Outside Main Dam LOD Wetland M Bottomland Hardwood Forest Not determined 0.58 Outside U51AB LOD Wetland A Herbaceous/ShrubNot determined 0.12 Notes: Wetlands located within maintained powerline right-of-way corridors and/or facility maintenance areas. The vegetation in these areas is herbaceous and/or shrubby due to the nature of the maintenance activities within the corridors and/or facility areas which prevent development of an overstory; thus, no NC WAM classification was applied to these areas. A site visit was conducted by WSP on April 13, 2023, to examine the wetland areas within and surrounding the project area. As part of this site visit, the functional quality of Wetland C was assessed using NC WAM. Wetland C, which was classified as a Bottomland Hardwood Forest (NC WAM classification), would be impacted by the proposed action; therefore, the functional assessment of this wetland is important to the determination of the amount of compensatory mitigation which may be required for the loss of wetland function. The completed NC WAM Form for Wetland C is in Appendix A. The NC WAM Form also includes the Overall Rating of Wetland C, which was determined to be Low based on the April 13, 2023, field assessment of the functional quality of the wetland. Wetland A, an herbaceous/shrub wetland, and Wetland M will not be impacted by the proposed action; i.e., the former wetland occurs outside the U51AB LOD, while the latter wetland occurs outside the Main Dam LOD. A description of the vegetative conditions (including plant species composition) within Wetland C is presented in Section 7.5 (Biotic Communities) of the ER. Photographic documentation of recent site conditions within Wetland C is presented in Appendix D, Photographic Log. The photography was collected during the April 13, 2023, site visit of the Cliffside Steam Station by WSP. Finally, as part of the evaluation of the wetland areas within and adjacent to the project site, an in-house review of the United States Department of Agriculture's (USDA) Natural Resources Conservation Service (NRCS) Cleveland and Rutherford Counties soil survey geographic information system (GIS) data (NRCS Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application 2023) and the United States Geological Survey (USGS) digital 7.5' topography, Chesnee, South Carolina Quadrangle (USGS 2023) was completed. Soil map units occurring within the Main Dam LOD and the U51AB LOD are identified in Section 7.4 (Soils) of the ER. 5.1.2 Streams On -site evaluations for the presence of potentially jurisdictional stream within the Cliffside Steam Station were conducted between December 18 to 19, 2014, and April 27 to 29, 2015, by Amec Foster Wheeler, using the NCDEQ-NCDWR Methodology for Identification of Intermittent and Perennial Streams and Their Origins (Version 4.11) (NC Division of Water Quality 2010). The extents of these streams were marked in the field with labeled survey tape. The location of each flag point (stream meander) was acquired by a GPS device. The delineated extents of the potentially jurisdictional stream features within the Cliffside Steam Station were included in the request for verification of the JD, which was submitted on September 1, 2015, by Amec Foster Wheeler to Mr. Brown, USACE Asheville Regulatory Field Office. The verification of JD included the Unit 1-4 Inactive Ash Basin, the U51AB, and the landfill area. Mr. Brown issued the Notification of JD (Approved JD) for the U51AB on November 20, 2015 (USACE Action ID 2015-01426). The extents of the stream features within the Cliffside Steam Station, as identified in the issued USACE Notification of JD (Approved JD), were surveyed by TWT. The survey plats were signed and sealed by TWT on November 28, 2017. No jurisdictional streams occur within the Main Dam LOD or the U51AB LOD. As shown on Figure 5, Streams 11 and 12 occur to the west of the U51AB. Stream 7 abuts the central portion of the U51AB, while Stream 8 abuts a southern finger lobe of the ash basin. On October 28, 2021, Mr. Brown received a request from Wood Environment & Infrastructure Solutions (currently WSP) to amend the issued Notification of JD for the U51AB at the Cliffside Steam Station. The Notification of JD, Addendum 01 (USACE Action ID 2015-01426) included the following remarks: "Addendum 01, December 20, 2021: This approved jurisdictional determination is amended based on recent data and information submitted to the Corps in reference to Stream 8. Stream 8 is part ofthe Unit 5 Inactive Coal Ash Basin waste storage/treatment system. Stream 8 is subject to Section 402 of the Clean Water Act (NPDES permit issued by the State of North Carolina). See attached figures (Figures 1 and 2) for location of Stream 8." Figure 5 shows the extent of Stream 8, as based on the Addendum 01 of the Notification of JD. The extents of Streams 7, 11, and 12, which were not included under the Addendum 01, are also shown on Figure 5. Information on the location, length, and NCDWR Stream Identification scores and classifications is presented in Table 5.2 for these four streams. The NCDWR Stream Identification Forms for the delineated streams were included in the verification of the JD request package previously submitted to the USACE. Finally, it is noted herein that the Cliffside Steam Station is located within the Broad River Basin (Hydrologic Unit Code [HUC] 03050105). The level of function of Stream 7 and 8 (relative to reference condition) was assessed by WSP during the June 22, 2023, field assessment using the NC SAM per the methodology outlined in the NC SAM Draft User Manual, effective March 2013 (NC Stream Functional Assessment Team 2013). The completed NC SAM Forms for Streams 7 and 8 are in Appendix A. The NC SAM Forms include the Overall Ratings, which were determined to be Medium for Stream 7 and Medium for Stream 8. Table 5.2 also presents the NC SAM Overall Ratings for these two streams. Streams 7 and 8 will not be impacted by the proposed action. Photographic documentation of recent site conditions within Streams 7 and 8 is presented in Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Appendix D, Photographic Log. The photography was collected during a June 22, 2023, site visit of the Cliffside Steam Station by WSP. It is noted that a portion of the Stream 8 reach is flooded from beaver (Castor canadensis) activity. Table 5.2. Streams abutting or outside of the U51AB LOD STREAM ID NCDWR STREAM SCORE1 NCDWR STREAM CLASSIFICATION1 NC SAM OVERALL RATING ENTIRE REACH LENGTH (LINEAR FEET) Abutting U51AB LOD Stream 7 23.75 Intermittent Medium 294 Stream 8 31.25 Perennial Medium 256 Outside U51AB LOD Stream 11 20.5 Intermittent Not determined 205 Stream 12 34.25 Perennial Not determined 1200 NCDWR scoring: <19= ephemeral; 19 to <30 = intermittent; >_30 = perennial 5.1.3 Open WaterF Open water features include ponds or lakes, or manmade farm ponds. No open water features were present within the Main Dam LOD. Open water areas are present within the U51AB LOD. These waters are non - jurisdictional, however, as the USACE does not exert regulatory jurisdiction over wetlands, streams, and open waters that occur within manmade ash basins that are underlain by CCR materials. The open water areas within the U51AB are depicted on the USGS topographic map (Figure 2), the NRCS soils map (Figure 3), and the USFWS National Wetland Inventory (NWI) map (Figure 4). 5 1 4 Riparian Buffers The Cliffside Steam Station is in the Broad River Basin. Review of the State of North Carolina Riparian Buffer Protection Rules indicate that the project site is not located within a regulated buffer river basin and is not subject to state Riparian Buffer Protection Rules. The Cleveland County Code of Ordinances has the following text in its regulations: "A minimum thirty-foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Such buffer shall be a minimum of one hundred (100) feet wide for development activities utilizing the seventy (70) percent built -upon area option in section 12-134(4)(b). Desirable artificial stream bank or shoreline stabilization is permitted. No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built -upon surface area, direct runoff away from the surface waters and maximize the utilization of stormwater best management practices." Rutherford County has a similar statement in its Watershed Protection Ordinance: "(A) A minimum one hundred (100) foot vegetative buffer is required for all new development activities that exceed the low density option; otherwise, a minimum thirty (30) foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale 16 Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application topographic maps or as determined by local government studies. Desirable artificial streambank or shoreline stabilization is permitted. (B) No new development is allowed in the buffer except for water dependent structures, other structures such as flag poles, signs and security lights which result in only diminutive increases in impervious area and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built - upon surface area, direct runoff away from the surface waters and maximize the utilization of stormwater Best Management Practices." 5.2 POTENTIAL ENVIRONMENTAL IMPACTS 5.2.1 Wetlands To complete the proposed action, a permanent impact to jurisdictional wetlands would be necessary. The wetland impact would be limited, however, to Wetland C within the Main Dam LOD. Table 5.3 presents the proposed impact to Wetland C, while the Plan View drawing (Appendix B) visually depicts the area of impact. The proposed impact to Wetland C would be 0.90 acre; i.e., the entire wetland would be permanently impacted. Under the proposed action, the stormwater outlet channel, which would convey stormwater from the closed ash basin to the Broad River after the Main Dam has been removed, would be constructed through the footprint of the wetland. The Cross -Section drawing of Wetland C is also included in Appendix B. Mitigation for the proposed impact to Wetland C will be required, as discussed in Section 6 (Wetland Compensatory Mitigation Plan) of the ER. Wetland M, which occurs to the northwest of the Main Dam LOD, would not be impacted under the proposed action. Wetland A, which abuts the southeastern finger lobe of the U51AB, would also not be impacted. Table 5.3. Proposed Impacts to Wetlands within or outside of the Main Dam LOD and the U51AB LOU WETLAND ID TOTAL AREA (ACRES) IMPACT AREA (ACRES) Within Main Dam LOD Wetland C 0.90 0.90 Outside Main Dam LOD Wetland M 0.58 0.00 Outside U51AB LOD Wetland A 0.12 0.00 5.2.2 Streams To complete the proposed action, no permanent or temporary impacts to jurisdictional streams will be necessary. Specifically, no impacts to Streams 7, 8, 11, and 12 will occur. Streams 11 and 12 occur to the west of the U51AB. Stream 7 abuts the central portion of the U51AB, while Stream 8 abuts a southern finger lobe of the ash basin. 5.2.3 Open Waterr Open water features include ponds or lakes, or manmade farm ponds. As no open waters occur within the Main Dam LOD, there will be no impacts to such features under the proposed action. Open water areas are present within the U51AB LOD; however, the USACE does not exert regulatory jurisdiction over wetlands, streams, and open waters that occur within manmade ash basins that are underlain by CCR materials. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application r;.2.4 Riparian Buffers Since the Cliffside Steam Station in not located within a river basin subject to State of North Carolina Riparian Buffer Protection Rules, there would be no impacts to state -regulated riparian buffers within the project site. With regards to local regulatory restrictions, riparian (vegetative) buffers would be required along perennial waters under the Cleveland County Code of Ordinances and the Rutherford County Watershed Protection Ordinance. 18 Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application 6 Wetland Compensatory Mitigation Plan 6.1 MITIGATION REQUIREMENTF On April 10, 2008, the Department of Defense, in conjunction with the USEPA, issued Compensatory Mitigation for Losses of Aquatic Resources; Final Rule (33 CFR Parts 325 and 332; 40 CFR Part 230). This mitigation rule is designed to improve planning and management of compensatory mitigation projects for impacts which are authorized under Department of the Army permits. The rule stresses a watershed approach to mitigation project locations and requires ecological performance standards and annual monitoring of an implemented mitigation plan. 6.L IVII I IGATIUN FLAN Compensatory mitigation for the proposed impact to Wetland C is required under the Section 404 IP. Appropriate avoidance and practicable minimization efforts have been conducted through project design concepts. However, the unavoidable impact to on -site WOTUS is necessary to complete the proposed action. The details of the proposed compensatory mitigation plan for the unavoidable impact are presented below for the proposed action. The compensatory mitigation options evaluated for the proposed action included: (1) credit purchase from an approved private mitigation bank, (2) credit purchase through the North Carolina Division of Mitigation Services (NCDMS) In -Lieu Fee Program, and (3) permittee-responsible mitigation, on -site mitigation, or offsite mitigation. Based on the review of the mitigation options available for the Cliffside Steam Station, it has been determined that credit purchase through the NCDMS In -Lieu Fee Program is necessary because there are currently no mitigation banks offering wetlands credits in the Broad River Basin, specifically HUC 03050105. On -site mitigation and offsite mitigation opportunities were not explored because the In -Lieu Fee option is available. It is noted that the Box Creek mitigation bank (McDowell and Rutherford Counties) in the Broad River Basin, with a service area within HUC 03050105, offers only stream credits. This mitigation bank does not offer wetland credits at the present time. The mitigation bank is owned/operated by Unique Places, LLC and is identified by NCDEQ-DWR project number 2013-04000. Wetland mitigation credits are currently available through the NCDMS In -Lieu Fee Program. The Cliffside Steam Station occurs within HUC 03050105. This HUC is in the In -Lieu Fee Standard Service Area and would be subject to the Standard Service Rates within the Broad River Basin. The NCDMS rates are effective through June 30, 2023. Table 6.1 presents the NCDMS mitigation cost for impacts to jurisdictional riparian wetlands within the project site; i.e., Wetland C, within the Main Dam LOD. Fees for impacts to riparian wetlands are calculated on a per credit basis. Mitigation ratios were applied as follows (final mitigation ratio will need to be confirmed by the USACE): • A mitigation ratio of 1:1 was applied for riparian wetlands within the Main Dam LOD with a NC WAM overall rating of Low. As the Cliffside Steam Station is not within a watershed where Riparian Buffer Protection Rules are administered by the State of North Carolina, mitigation is not included in Table 6.1 for impacts to riparian buffers. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application The level of function of Wetland C in Table 6.1 (relative to reference condition) was assessed on April 13, 2023, by WSP using NC WAM. The completed NC WAM Form for Wetland C is in Appendix A. Table 6.1. Potential Wetland Mitigation Costs for Impacts to WOTUS within the Main Dam LOD FEATURE LOCATION IMPACT SIZE (ACRES) (MITIGATION RATIO) NCDMS IN -LIEU FEE UNIT COST TOTAL COST1 Wetland C Main Dam LOD 0.90 (1:1) $76,150.13 $68,535.12 Totqj 0.90 $68, 535.12 Total cost not approved by the USACE or NCDWR as of this ER release date. 20 Duke Energy Rogers Energy Complex - Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report - Joint Section 404/401 Individual Permit Application Affected Environment and Impacts An interdisciplinary team of environmental scientists, biologists, planners, economists, engineers, archaeologists, historians, and others with knowledge or experience related to the proposed action have analyzed the proposed action considering existing conditions and identified relevant beneficial and adverse effects associated with the proposed action. A detailed evaluation of the proposed action on the human and natural environment is presented below. 7.1 LAND USE 7.1.1 Description of Affected Environment Land use is defined as the way people use and develop land, including uses such as agricultural, residential, and industrial. To estimate land use and land cover within the of the project site, the 2019 National Land Cover Database (NLCD) was utilized. The data shows generalized land cover classifications as derived from satellite mapping. A summary of the land cover types for the Main Dam LOD and the U51AB LOD contained in NLCD 2019 are respectively provided in Table 7.1 and Table 7.2 below. Land cover types, numbers of acres of each type, and percent of type are presented for both the Main Dam LOD and the U51AB LOD. Table 7.1. Specific Land Cover Types within the Main Dam LOD and within a 1-Mile Radius LAND COVER ACRES WITHIN MAIN DAM LIMITS % OF MAIN DAM LIMITS ACRES WITHIN 1 MILE OF MAIN DAM % WITHIN 1 MILE OF MAIN DAM Open Water 0.0 0.0 94.46 3.54 Developed, Open Space 0.0 0.0 160.14 6.00 Developed, Low Intensity 1.48 12.12 118.59 4.44 Developed, Medium Intensity 0.0 0.0 134.95 5.05 Developed, High Intensity 0.15 1.24 113.01 4.23 Barren Land 0.0 0.0 29.47 1.10 Deciduous Forest 4.28 34.89 939.49 35.19 Evergreen Forest 0.0 0.0 218.67 8.19 Mixed Forest 0.22 1.81 141.85 5.31 Shrub/Scrub 0.0 0.0 53.49 2.00 Herbaceous 0.0 0.0 151.39 5.67 Hay/Pasture 6.12 49.94 471.77 17.67 Cultivated Crops 0.0 0.0 19.93 0.75 Woody Wetlands 0.0 0.0 9.18 0.34 Emergent Herbaceous Wetlands 0.0 0.0 13.62 0.51 21 Duke Energy Rogers Energy Complex - Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report - Joint Section 404/401 Individual Permit Application Table 7.2. Specific Land Cover Types within the U51AB LOD and within a 1-Mile Radius LAND COVER ACRES WITHIN U51AB LIMITS % OF U51AB LIMITS ACRES WITHIN 1 MILE OF U51AB % WITHIN 1 MILE OF U51AB Open Water 0.44 0.61 104.60 3.22 Developed, Open Space Developed, Low Intensity 3.48 4.77 191.43 5.90 6.17 8.45 154.77 4.77 Developed, Medium Intensity Developed, High Intensity 29.40 40.28 139.60 4.30 19.45 26.65 113.01 3.48 Barren Land 0.0 0.0 30.79 0.95 Deciduous Forest 1.26 1.73 1101.30 33.94 Evergreen Forest M0.67 0.91 231.76 7.14 Mixed Forest 0.41 0.2 170.10 5.24 Shrub/Scrub 0.0 0.0 50.15 1.55 Herbaceous Hay/Pasture 4.84 6.63 191.06 5.89 2.82 3.87 666.22 20.53 Cultivated Crops 4.31 5.91 73.86 2.28 Woody Wetlands 0.0 0.0 12.17 0.38 Emergent Herbaceous Wetlands 0.0 0.0 13.62 0.42 The NLCD interpreted the Main Dam area land cover type as predominately hay/pasture. However, the Main Dam LOD consists of a turf covered berm. The NLCD interpreted the U51AB land cover type as developed. Current land use is more accurately described as an inactive ash basin containing CCR materials deposited during the operation of the Cliffside Steam Station. Much of the area surrounding the Main Dam and U51AB is deciduous forest. Additional vegetated covertypes include evergreen forest, mixed forest, woody wetland, emergent herbaceous wetland, shrub/scrub, herbaceous, hay/pastureland and cultivated crops. Additional cover types are as various intensities of development (open space, low, medium, and high intensity). However, the land use surrounding the project area is largely rural. Major metropolitan areas are Charlotte, North Carolina (approximately 50 miles east) and Spartanburg, South Carolina (approximately 20 miles southwest). PUBLIC LANDS AND SCENIC, RECREATIONAL, AND STATE NATURAL AREAS Numerous stewardship and protected areas sources were reviewed, including the USGS Protected Areas Database of the United States (USGS PAD 2023), the National Conservation Easement Database (NCED), USDA NRCS Conservation Stewardship Program, the NCNHP and multiple non -governmental organizations, to develop a database of protected and conserved lands in or near the project site. This database is not an exhaustive list but gives an indication of the protected areas within the project site. EXISTING PUBLIC/CONSERVATION LANDS IN VICINITY OF PROJECT SITE The USGS PAD does not list any protected areas in the vicinity of the project site. No conservation easements are located within the project site. The nearest conservation easement is Broad River Greenway, located approximately four miles northeast of the project site in Cleveland County. This easement is administered by the NCDMS. This easement is a 997.53-acres area located in Cleveland County along the Broad River. The NCED does not identify any additional conservation easements in the vicinity of the project site. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application The NCNHP does not list any natural areas or managed areas within a 1-mile radius of the project site. No scenic or recreational public lands are located on or within the vicinity of the project site. 7.1.2 Potential Environmental Impacts In general, except for the clearing of a portion of the upland forest land cover and Wetland C, land use changes within the Main Dam LOD will not occur because of project implementation. There will be a temporary change, or conversion, in land cover during the removal of the Main Dam (turf covered berm) and, if required, the Saddle Dam. However, areas disturbed by the removal of the dam(s) will be stabilized following the breach and in accordance with applicable E&SC Plans. The Cliffside Steam Station Vegetation Maintenance and Implementation Plan will be utilized during the project to establish temporary or permanent vegetation in areas where bare soil is exposed, within and outside of the original footprint of the dam(s). In addition, the project will not change land cover or land use surrounding the Cliffside Steam Station. Finally, theT#e proposed action will not impact any public lands or scenic, recreational, or state natural areas. 7.2 AESTHETICS & VISUAL RESOURCES 7.2.1 Description of Affected Environment The physical, biological, and cultural features of an area combine to make the visual landscape character both identifiable and unique. Scenic integrity indicates the degree of unity or wholeness of the visual character. Scenic attractiveness is the evaluation of outstanding or unique natural features, scenic variety, seasonal change, and strategic location. Where and how the landscape is viewed affect the more subjective perceptions of its aesthetic quality and sense of place. Views of a landscape are described in terms of what is seen in foreground, middle ground, and background distances. In the foreground, an area within a one-half mile of the observer, details of objects are easily distinguished in the landscape. In the middle ground, normally between one and four miles from the observer, objects may be distinguishable, but their details are weak, and they tend to merge into larger patterns. Details and colors of objects in the background, the distant part of the landscape, are not normally discernible unless they are especially large and standing alone. The impressions of an area's visual character can have a substantial influence on how it is appreciated, protected, and used. The general landscape character of the project site is described in this section. The Main Dam LOD comprises the Main Dam and Saddle Dam, mixed pine -hardwood upland forest, shrub and brushland, and maintained (grassed) areas. The two dams (berms) are grassed. The Main Dam LOD is bordered to the northeast by mature forest and the stream plant and to the northwest by utility right-of- way (overhead electric). The Broad River abuts the central northern tip of the Main Dam LOD. The southern boundary of the Main Dam LOD is conterminous with the northern boundary of the U51AB LOD. No residential properties abut the boundaries of the Main Dam LOD. Residential properties occur further to the north and west of the Main Dam LOD. The residential properties that occur to the north are separated from the Main Dam LOD by the Broad River and are screened by mature forest. The distance between the northern properties and the Main Dam LOD is approximately one-half mile. The distance between the western residential properties and the Main Dam LOD is approximately one -quarter mile. These western properties are mostly screened from the Main Dam LOD by mature forest. The western residential properties are located along US Route 221 Alternate. The views (facing eastward) of the Main Dam LOD from this roadway would be similar to the views of the residences. Overall, scenic attractiveness of the Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application landscape adjacent to the project site is common, and scenic integrity is low because of land disturbance associated with the Cliffside Steam Station, foremost being the ash basin. The U51AB LOD is denuded of vegetation. The excavation of the ash basin will be complete once the overburden of CCR materials is removed. As stated above, the northern boundary of the U51AB LOD is conterminous with the southern boundary of the Main Dam LOD. Mature forest and/or open disturbed land occur along the western and southern boundaries of the U51AB LOD, while railway and roadway features border the eastern boundary of the ash basin. The nearest roadway to the overall project area is Duke Power Road, with its closest approach occurring approximately 700 feet to the south of the south-central boundary of the ash basin. Views of the ash basin would likely be up to distances in the foreground (0 to one-half mile) from Duke Power Road. Specifically, views of the ash basin from Duke Power Road are mostly unscreened, as open disturbed land is predominant between the roadway and the ash basin. The on -site landfill occurs to the south of Duke Power Road. 1.2.2 Potential Environmental Impacts Development of the project site (i.e., specifically, the Main Dam LOD) under the proposed action would result in effects to existing scenic resources within the site. Removal of existing trees and site grading and surfacing would affect the scenic integrity of the site; i.e., the rural or naturally appearing landscape character of the site. It is noted, however, that approximately half of the site is already developed, or altered, as including the Main Dam and Saddle Dam, spillway, and access road. Based on criteria developed by the United States Forest Service (USFS) to rate scenic quality, the overall scenic values of the project site are low to moderate because of the moderate relief, lack of significant natural visual features, and the similarity to surrounding areas (USFS 1995). There may be moderate visual impacts during development of the Main Dam LOD, but these impacts are not out of character with the existing land development activities that currently occur at the Cliffside Steam Station. Alternatively, the removal of the Main Dam and, if required, the Saddle Dam, will improve the scenic quality of the site; i.e., the dam(s) footprint would change from an artificial feature (constructed berm) to a graded and vegetated, more natural landscape. The ash excavation within the U51AB LOD is being contained within the ash basin and will be completed prior to breaching the Main Dam and, if required, the Saddle Dam. The interior areas of the ash basin will be stabilized with vegetation prior to the breach. The remaining areas disturbed by the final breach will be stabilized following the breach and in accordance with applicable E&SC Plans. The Cliffside Steam Station Vegetation Maintenance and Implementation Plan will be utilized during the project to establish temporary or permanent vegetation in areas where bare soil is exposed. With these actions, the scenic quality/scenic attractiveness of the basin footprint will be improved post -development. Lighting at the Main Dam LOD may be utilized for security, safety, and/or operations. Light can cause pollution when it becomes a nuisance to adjacent properties. Light pollution (light trespass) is best described as artificial light that can illuminate, or intrude upon, areas not intended to be lit. However, the exterior lighting would be located well within the property boundary. Only the minimum required lighting for safe work and operations would be designed and installed, such that much of the Cliffside Steam Station property would exhibit zero to extremely low detectable light levels. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application 7.3 GEOLOGY AND TOPOGRAPHY 7.3.1 Description of Affected Environment GEOLOGY With respect to physiography, the Main Dam LOD and the U51AB LOD occur in the Piedmont Physiographic Province. With respect to geologic belts in North Carolina (i.e., areas with similar rock types and geologic history), the project area occurs in the Inner Piedmont Belt, as identified by the North Carolina Geological Survey (NCGS) (NCGS 1991). The Inner Piedmont Belt is the most intensely deformed and metamorphosed segment of the Piedmont. The metamorphic rocks range from 500 to 750 million years in age. They include gneiss and schist that have been intruded by younger granitic rocks. The Geologic Map of North Carolina places the project area further in the Charlotte and Milton Belt (metamorphic rocks) (NCGS 1985). The rocks of the area are described as biotite (black mica minerals) gneiss and schist with abundant potassic feldspar and garnet, and interlayered and gradational with calc-silicate rock, sillimanite- mica schist, mica schist, and amphibolite. Small masses of granitic rock are also present. TOPOGRAPHY Topography within the Main Dam LOD ranges from 672 feet to 755 feet above mean sea level (amsl) (Figure 2). Topography within the U51AB ranges from 770 feet to 836 feet amsl. 7.3.2 rotential environmental Impacts Potential impacts to topography associated with the proposed action include ground -disturbing activities occurring during site preparation and construction. Ground disturbance would encompass surface soils and potentially subsurface soils and would alter the current elevations (topography) of the project area. The greatest change in elevation would occur from the removal of the Main Dam and, if required, the Saddle Dam. The project has been designed so as not to pose a substantial erosion hazard. However, where erosion hazards may exist, the use of Best Management Practices (BMPs), including erosion control structures, would reduce the potential for erosion and siltation of drainages. Ground disturbance activities associated with the proposed action would be localized and not have substantial impacts on sensitive or regionally significant geologic or physiographic features. 7.4 SOILS 7.4.1 Description of Affected Environment The project site includes the following mapped soil series: Paco let -Beth lehem complex, Rion-Cliffside complex, and Udorthents. Figure 3 and Table 7.3 depicts the soil types (map units) and their respective hydrologic soil groups. Hydrologic soil groups are based on the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long -duration storms. All the soils are composed of sand and/or loam. Soil types and hydric soil groups are presented for both the Main Dam LOD and the U51AB LOD boundaries. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Table 7.3. Soil Types within the Main Dam LOD and the U51AB LOD MAP UNIT SYMBOL SOIL TYPE1 HYDROLOGIC SOIL GROUP2 Main Dam LOD PbD2 Pacolet-Bethlehem complex, 15 to 25 percent slopes C RnE Rion-Cliffside complex, 25 to 60 percent slopes C UdC Udorthents, loamy, 0 to 15 percent slopes C W Water N/A U51AB LOD PbC2 Pacolet-Bethlehem complex, 8 to 15 percent slopes C PbD2 Pacolet-Bethlehem complex, 15 to 25 percent slopes C UdC Udorthents, loamy, 0 to 15 percent slopes C W Water N/A Source: USDA NRCS Soil Data Mart (NRCS 2023). 2 Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well -drained, or well -drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a high-water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a slow rate of water transmission. 7.4.2 Potential Environmental Impacts Implementation of standard site preparation techniques would enable development of the proposed action. To minimize potential erosion, siltation, and soil compaction during excavation, site preparation, and other construction activities, BMPs would be incorporated as part of the proposed action, including standard erosion and siltation prevention measures, i.e., watering for dust suppression, use of netting and silt fencing, etc. With implementation of the standard BMPs described above, construction -related impacts to soils will be localized to the proposed action footprints. Therefore, implementation of the proposed action would result in only site -specific impacts to soils. Soil impacts would not extend to areas beyond the boundaries of the Main Dam LOD and the U51AB LOD. 7.5 BIOTIC COMMUNITIES 7.5.1 Description of Affected Environment WILDLIFE COMMUNITIES The Cliffside Steam Station provides suitable habitat for common wildlife species. During the field investigations of the wildlife habitat within the property (since 2014, by Amec Foster Wheeler, Wood, and WSP) a variety of wildlife species or their sign (i.e., nests, dens, scat, etc.) were observed, including white- tailed deer (Odocoileus virginianus), raccoon (Procyon lotor), gray squirrel (Sciurus carolinensis), eastern Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application cottontail (Sylvilagus floridanus), red -shouldered hawk (Buteo lineatus), turkey vulture (Cathartes aura), black vulture (Coragyps atratus), downy woodpecker (Picoides pubescens), eastern phoebe (Sayornis phoebe), American crow (Corvus brachyrhynchos), blue jay (Cyanocitta cristata), yellow-rumped warbler (Dendroica coronata), and northern cardinal (Cardinalis cardinalis). Many of these wildlife species may be present within the Main Dam LOD and surrounding the U51AB LOD. Other mammal species that may be present on the Cliffside Steam Station and the project site include bats, red fox (Vulpes vulpes), coyote (Canis latrans), bobcat (Lynx rufus), mice, and rats. Additional bird species that may occur are wild turkey (Meleagris gallopavo), red-tailed hawk (Buteo jamaicensis), sharp -shinned hawk (Accipter striatus), Cooper's hawk (A. cooperi►), barred owl (Strix varia), mourning dove (Zenaida macroura), red bellied woodpecker (Melanerpes carolinus), pileated woodpecker (Dryocopus pileatus), eastern kingbird (Tyrannus tyrannus), Carolina chickadee (Parus carolinensis), tufted titmouse (P. bicolor), Carolina wren (Thryothorus ludovicianus), northern mockingbird (Mimus polyglottos), eastern bluebird (Sialia sialis), American robin (Turdus migratorius), white eyed vireo (Vireo griseus), solitary vireo (V. solitaries), and northern parula (Setophaga americana). PLANT COMMUNITIES The dominant terrestrial communities on the Cliffside Steam Station are secondary growth and include pine forest, upland hardwood forest, and mixed pine -hardwood upland forest. Shrub and brushland and open, maintained (grassed) areas also occur on the property and comprise disturbed/altered land. The Main Dam LOD comprises the Main Dam and Saddle Dam (see Figure 5), mixed pine -hardwood upland forest, shrub and brushland, and maintained (grassed) areas. These two dams (berms) are grassed. An existing spillway and a gravel access road are also present. The U51AB is denuded of vegetation. The canopy stratum in the upland forested areas of the Main Dam LOD and abutting the U51AB LOD includes Virginia pine (Pinus virginiana), willow oak (Quercus phellos), water oak (Quercus nigra), red maple (Acerrubrum var. rubrum), yellow poplar (Liriodendron tulipifera), and American sycamore (Platanus occidentalis). The shrub stratum comprises Chinese privet (Ligustrum sinense), an invasive, noxious shrub species, eastern red cedar (Juniperus virginiana var. virginiana), and saplings of Virginia pine and the afore- mentioned hardwood species. The groundstory plants and climbing vines include greenbrier (Smilax rotundifolia), Japanese honeysuckle (Lonicera japonica), panic grasses (Panicum spp.), blackberry (Rubus sp.), muscadine (Vitis rotundifolia), Virginia creeper (Parthenocissus quinquefolia), broomsedge (Andropogon virginicus), dogfennel (Eupatorium capillifolium), goldenrod (Solidago sp.), and hardwood seedlings. Wetland plant communities within the Main Dam LOD singularly include Bottomland Hardwood Forest; i.e., Wetland C. The central portion of the wetland is ponded. The canopy stratum landward of the ponded area includes yellow poplar, river birch (Betula nigra), and box elder (Acernegundo). Virginia pine occurs along the upper boundary of the wetland. The shrub stratum comprises box elder, river birch, red maple, and hazel alder (Alnus serrulata). The groundstory plants and climbing vines include Japanese honeysuckle, blackberry, broomsedge, greenbrier, Virginia creeper, poison ivy (Toxicodendron radicans), giant cane (Arundinaria gigantea), soft rush (Juncus effusus), flat sedge (Cyperus sp.), knotweed (Persicaria sp.), broadleaf cattail (Typha latifolia), crossvine (Bignonia capreolata), and hardwood seedlings. Wetland C, a riparian wetland, partially abuts and drains to the Broad River. A berm also borders much of the wetland. Botanical taxonomic nomenclature is in accordance with Weakley (Weakley 2015). Wetland C was evaluated by WSP on April 13, 2023, using NC WAM (Appendix A). The NC WAM is a field method used to determine the level of function of a wetland relative to the reference condition for each Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application of 16 North Carolina general wetland types. NC WAM was created to be used for project planning, alternatives analysis, compliance and enforcement, mitigation planning, and tracking functional replacement. The NC WAM Overall Rating of Wetland C was Low. 7.5.2 Potential Environmental Impacts Implementation of the proposed action would result in direct impacts to forested upland plant communities. Taking into consideration the large amount of similar plant communities in the area regionally and locally, the loss of the existing vegetation would be considered a minor impact. Specifically, the surrounding area consists of similar vegetative habitats. Based on the NLCD 2019 database, Deciduous Forest, Evergreen Forest, and Mixed Forest collectively encompass approximately 48 percent of the land cover within a one - mile radius of the Main Dam LOD. The loss or transformation of woodland vegetation within the project site, when compared to the abundance of woodland vegetation surrounding the project, would not be substantial. Indirect impacts are possible if the existing vegetation is part of a larger system that relies on these plant communities for regional propagation and genetic diversity. Due to the large amount of similar habitat and plant communities surrounding the project site, this impact is minor. Implementation of the proposed action would result in direct impacts to forested wetland plant communities within the Main Dam LOD, specifically Bottomland Hardwood Forest. However, the amount of impact is small (approximately 0.90 acre) and insubstantial with respect to the total amount of Bottomland Hardwood Forest that exists both locally and within the Piedmont Physiographic Province. The Bottomland Hardwood Forest type is not unique among all wetland community types. Compensatory mitigation for the proposed wetland impacts would be provided, as discussed in Section 6 (Wetland Compensatory Mitigation Plan) of the ER. 7.6 WATER RESOURCES / FLOODPLAINS 7.6.1 Description of Affected Environment: Surface Waters Surface waters include streams and rivers. The project site is located within the Broad River Basin and the Piedmont Physiographic Province. The surface water classification listed for Broad River on the most recent NCDEQ surface water data is "WS-IV" (Water Supply) (NCDEQ 2023a). This classification includes waters used by industry to supply their employees with drinking water or as waters formerly used as water supply. These waters are also protected for Class C uses in addition to primary recreation. Primary recreational activities include swimming, skin diving, water skiing, and similar uses involving human body contact with water where such activities take place in an organized manner or on a frequent basis. The Broad River adjacent to the project area is not listed on the 2022 Final 303(d) list of impaired waters (NCDEQ 2023b). 7 6 2 Potential Envirnnmental Imparts- Surface Waters WOTUS, including streams and wetlands, are described above in Section 5 of the ER. A permanent impact to jurisdictional wetlands would be necessary. The wetland impact would be limited, however, to 0.90-acre of Wetland C within the Main Dam LOD. No permanent or temporary impacts to jurisdictional streams will be necessary. Specifically, no impacts to Streams 7, 8, 11, and 12 will occur. Streams 11 and 12 occur to the west of the U51AB. Stream 7 abuts the central portion of the U51AB, while Stream 8 abuts a southern finger lobe of the ash basin. 7.6.3 Description of Affected Environment: Floodplains Floodplain Management is conducted in compliance with Executive Order (EO) 11988 (Floodplain Management). The National Flood Insurance Program (NFIP) was created in 1968 to protect lives and Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application property and to reduce the financial burden of providing disaster assistance. The NFIP is administered by the Federal Emergency Management Agency (FEMA). In partnership with FEMA, the State of North Carolina has produced flood maps in accordance with FEMA standards. The one percent annual chance (100-year) flood has been adopted by the FEMA as the base flood for floodplain management and flood insurance purposes. A 100-year storm event (or base flood) has a one percent annual chance of being equaled or exceeded in any given year. The 100-year floodplain, shown on a Flood Insurance Rate Map (FIRM), is also called a Special Flood Hazard Area (SFHA), where the NFIP's floodplain management regulations must be enforced by the community as a condition of participation in the Program. WSP reviewed Digital Flood Insurance Rate Maps (DFIRM) to determine whether any portion of the project site lies within the regulatory 100-year floodplain (Figure 6) (FEMA 2023). Based on this review, Wetland C is located within a 100-year floodplain. 7.6.4 potential E, mi u, imenta, mpacts - Floodplains The review of the FEMA DFIRM delineated flood boundaries for the Cliffside Steam Station identified Wetland C within flood zone AE and the 100-year floodplain (Figure 6). The Broad River is listed as a Traditional Navigable Water (TNW). Impacts to Wetland C are discussed in Section 5.2.1 (Wetlands) of the ER. No additional impacts to floodplains or this TNW are expected because of the proposed project actions. Clearing and grading activities within the Main Dam LOD, as specifically occurring within delineated flood boundaries, may require a Floodplain Development Permit pursuant to the Flood Damage Prevention Ordinance of Rutherford County. In addition, the proposed action may be reviewed by the Floodplain Administrator for Rutherford County. 7.6.5 Description of Affected Environment: Groundwater Groundwater refers to subsurface hydrologic resources that are used for domestic, agricultural, and industrial purposes. Groundwater is stored in natural geologic formations called aquifers. In the Piedmont Physiographic Province of North Carolina, two major aquifer systems exist and usually interact with one another: unconfined aquifer and surficial aquifer (NCDEQ 2023c). The surficial materials or regolith of these provinces form the unconfined aquifer. The fractured rock beneath is the unconfined, to semi -confined, bedrock aquifer. The surficial aquifer typically feeds the fractures in the bedrock aquifer. These two aquifers are further described below (NCDEQ 2023c). • Surficial aquifer is widely used throughout the state for individual home wells. The surficial aquifer is the shallowest and most susceptible to contamination from septic tank systems and other pollution sources. The surficial aquifer is also sensitive to variations in rainfall amounts and are the first to deplete in drought conditions. • Fractured bedrock aquifer is widely used for home water supply. Usually, six-inch wells are drilled to intercept water bearing fractures which are more common in valleys or draws. 7.6.6 roienuai tnvironmeniai impacts — urounawaier The proposed action will not draw water from subsurface/groundwater sources. Therefore, the implementation of the proposed action should have no pronounced effect on the surficial aquifer or the fractured bedrock aquifer. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application 7.7 PROTECTED SPECIES 7.7.1 Description of Affected Environment Certain plant and animal species are protected by the Federal Endangered Species Act (ESA) of 1973 (16 USC 1531-1544, December 28, 1973, as amended 1976-1982, 1984, and 1988), which is administered and enforced by the USFWS, Region 4. USACE IP and Nationwide Permit General Condition 18 (Endangered Species) require that projects authorized by the USACE do not adversely affect federally protected species. Should a finding of adverse effect be presumed by the USACE, coordination with the USFWS is typically required to avoid impacts or minimize impacts to the practicable extent (USFWS Section 7 Consultation). A records search was conducted to identify documented federally protected species (threatened or endangered) and federal Species of Concern which have elemental occurrences in Rutherford and Cleveland Counties. As specifically related to the NCNHP database search, the query of elemental occurrences encompassed a one -mile radius of the Main Dam LOD and the U51AB LOD. Both federal and state databases were reviewed: • NCNHP database query request (NCNHP 2023) • USFWS Information, Planning, and Consultation System (IPaC) database (USFWS 2023a) • USFWS Environmental Conservation Online System (ECOS) (USFWS 2023b) • Asheville Ecological Services Field Office website (USFWS 2023c) The purpose of the records search was to determine whether federally listed plant and animal species or designated critical habitat may be near or within the Cliffside Steam Station and, specifically, near or within the Main Dam LOD. It is noted that the U51AB is an inactive ash basin where CCR materials are currently being removed and, as such, would most likely not have suitable habitats for listed plant and animal species. Known habitats used by the species listed in Table 7.4 were compared with the habitats occurring within the project site to determine the potential for occurrence for each species and the potential for effect that the implementation of the proposed site activities would have on these species. Specifically, the potential for effect that the site activities would have on the species listed in Table 7.4 was based on the following factors: • A comparison of the known habitat uses by these species • The habitats (if present) within the steam station • The quantity, quality, and proximity of these habitats • Observations of these species or their sign during field reconnaissance • The proposed site activities (construction materials and equipment) General field reconnaissance of the project site was performed on April 13 and June 22, 2023. The purpose of the reconnaissance was to evaluate the plant communities and aquatic features within and adjacent to the Main Dam LOD with respect to the quantity and quality of habitat and the potential for occurrence by threatened and endangered species. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Table 7.4. Potential for Effect for Federally Listed Animal and Plant Species within the Main Dam LOD COMMON NAME FEDERAL GENERAL HABITAT DESCRIPTION POTENTIAL FOR (SCIENTIFIC NAME) STATUS EFFECT Mammals Indiana bat E In summer, habitat consists of wooded or semi -wooded areas, May Affect, Not (Myotis soda/is) often but not always along streams. Winter hibernating habitat Likely to (hibernacula) includes caves and mines, typically with large Adversely Affect passages and entrances, constant temperatures, and high humidity with no air currents. Tricolored bat Proposed In spring, summer, and fall, tricolored bats roost in live and dead May Affect, Not (Perimyotis E tree foliage, primarily of deciduous hardwoods, but occasionally in Likely to subflavus) pines. They have also been found roosting in structures, including Adversely Affect barns, roofs, and bridges. They forage in forested landscapes near waterways. In winter, they generally hibernate in caves and mines, but may use culverts or tree cavities. Birds Bald eagle BGEPA Forested habitats for nesting and roosting, and expanses of Not Likely to (Haliaeetus shallow fresh or salt water for foraging. Nesting habitat consists of Disturb leucocephalus) densely forested areas of mature trees that are isolated from human disturbance. Reptiles Bog turtle SAT The species occurs in open, emergent and scrub/shrub wetlands, No Effect (Glyptemys dominated by low grasses and sedges with a low volume of muhlenbergii) standing or slow -moving water. Insects Monarch C Conifer and hardwood forests, old field, cropland, and suburbs. Determination not butterfly Breeding and nectaring in various habitats where patches of Required (Danaus milkweed can occur. plexippus) Flowering Plants Dwarf -flowered T Endemic to Piedmont physiographic province of North Carolina May Affect, Not heartleaf and South Carolina. Habitat includes oak -hickory -pine plant Likely to (Hexastylis communities. Typically grows on slopes near streams in moist, Adversely Affect naniflora) acidic soils. It is associated with mountain laurel and several species of oak, particularly scarlet oak, chestnut oak, and black oak. Small whorled T Mature hardwood stands of beech, birch, maple, oak, and hickory May Affect, Not pogonia that have an open understory. Preferred habitat consists of acidic Likely to (Isotria soils with a thick layer of dead leaves, often on slopes near small Adversely Affect medeo/oides) streams. Lichens Rock gnome E This species is primarily limited to partially shaded vertical rock No Effect lichen faces, often north facing, where seepage of water from forest (Gymnoderma soils above flows during wet periods. lineare) Sources: NCNHP List of Rare Species of North Carolina (NCNPH 2O23); USFWS IPaC (USFWS 2023a); USFWS Environmental Conservation Online System - Species Profiles (USFWS 2023b); USFWS Asheville Ecological Services (USFWS 2023c); NatureServe Explorer (NatureServe 2023). Codes: C = Candidate; E = Endangered; T = Threatened; SAT = Similarity of Appearance (Threatened); BGEPA = Bald and Golden Eagle Protection Act. 31 Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Potential Environmental Impact Federally listed species for Rutherford and Cleveland Counties were not observed during the April 13 and June 22, 2023, field reconnaissance of the Main Dam LOD. No element occurrences of federally listed species were documented within the project area on the NCNHP database query results (June 2, 2023, NCNHP report). The NCNHP query results identified one federally threatened plant species within a one - mile radius of the project area; i.e., dwarf -flowered heartleaf (June 20, 2016, date of observation). The NCHP and USFWS IPaC reports are included in Appendix C for reference. Photographic documentation of the wetland habitat (i.e., Wetland C) and the upland forest habitat (including habitat along the Broad River) within the Main Dam LOD is presented in Appendix D, Photographic Log. The photography was collected during the June 22, 2023, site visit of the Cliffside Steam Station by WSP. INDIANA BAT During winter, Indiana bats are restricted to suitable underground hibernacula. Most of these sites are caves located in karst areas of the east -central United States; however, Indiana bats also hibernate in other cave- like locations, especially abandoned mines. Large passages and entrances, constant temperatures, and high humidity with no air currents are typical characteristics of the hibernation habitat (caves and mines). In summer, most reproductive females occupy roost sites in forested areas under the exfoliating bark of dead or dying trees that retain large, thick slabs of peeling bark. Primary roosts usually receive direct sunlight for more than half the day. Roost trees are often within canopy gaps in a forest, in a fence line, or along a wooded edge. Habitats in which maternity roosts occur include riparian zones, bottomland and floodplain habitats, wooded wetlands, and upland communities. Indiana bats typically forage in semi -open to closed forested habitats with open understory, forest edges, and riparian areas. Adult males occupy similar habitats but can use a wider range of roosts compared to females. There are no caves or mines on site; therefore, there are no hibernacula within the Main Dam LOD. With regards to potential summer roosting habitat, there are scattered occurrences of dead/dying trees and shaggy bark trees within the project area, including the forested habitat along the Broad River. Overall, the potential for effect for the Indiana bat was determined to be "May Affect, Not Likely to Adversely Affect" as related to the proposed development of the project site. TRICOLORED BAT On September 13, 2022, the tricolored bat was proposed listed by the USFWS as endangered under the ESA. The listing was primarily due to the impacts of white -nose syndrome on the species, a disease which has killed millions of cave -hibernating bats. The announcement also notes that other threats are also of significance due to the dramatic decline in the species' population, including variables such as changes in temperature and precipitation exacerbated by climate change and disturbance to bats in their roosting, foraging, commuting, and wintering habitats and mortality at wind energy facilities. In spring, summer, and fall, tricolored bats roost in live and dead tree foliage, primarily of deciduous hardwoods, but occasionally in pines. They have also been found roosting in structures, including barns, roofs, and bridges. They forage in forested landscapes near waterways. In winter, they hibernate in caves and mines, but may use culverts or tree cavities. Specifically, suitable tricolored bat summer habitat consists of a wide variety of forested/wooded habitats where they roost, forage, and travel and may include adjacent and interspersed non -forested habitats such as emergent wetlands and adjacent edges of agricultural fields, old fields, and pastures. This includes forests and woodlots containing trees with potential roost substrate (i.e., live and dead leaf clusters of live and recently dead deciduous trees, Spanish moss [Tillandsia usneoides], and beard lichen [Usnea 32 Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application strigosa]), as well as linear features such as fencerows, riparian forests, and other wooded corridors. Tricolored bats will roost in a variety of tree species, especially oaks and often select roosts in tall, large diameter trees, but will roost in smaller diameter trees when potential roost substrate is present. Tricolored bats commonly roost in the mid to upper canopy of trees although males will occasionally roost in dead leaves at lower heights from the ground; and females will occasionally roost in Spanish moss of understory trees. No hibernacula (caves or mines) occurwithin the main Dam LOD. With regards to potential summer roosting habitat, there are scattered occurrences of dead/dying trees and shaggy bark trees within the project area, including the forested habitat along the Broad River. To conclude, the project site contains suitable summer roosting habitat. Therefore, the potential for effect for the tricolored bat is "May Affect, Not Likely to Adversely Affect" as related to the proposed development of the project site. BALD EAGLE The bald eagle was listed as endangered on March 11, 1967. The species was reclassified from endangered to threatened throughout the lower 48 states on July 12, 1995, and was proposed to be removed from the federal endangered species list on July 6, 1999. On July 9, 2007, the bald eagle was removed from the endangered species list. Although no longer afforded protection by the ESA as of June 29, 2007, the bald eagle is still protected under the Bald and Golden Eagle Protection Act (BGEPA) and the Migratory Bird Treaty Act (MBTA), both of which protect bald eagles by prohibiting killing, selling or otherwise harming eagles, their nests, or eggs. Habitats include riparian areas along the coast and near major rivers, wetlands, and reservoirs. Bald eagles typically nest in large, tall, open -topped pines near open waters. Many nests are used annually. Egg laying forthe bald eagle peaks in late December in the southern United States. The nesting season in the southeast extends from October to May 15. They feed primarily on fish, but will also take a variety of birds, mammals, and turtles. The Broad River abuts the northern tip of the Main Dam LOD. No eagle nests were observed in the tree canopy of the Main Dam LOD during the April 13 and June 22, 2023, field reconnaissance of the forested habitat. Occurrences of eagles in the canopy of the project site would be transitory (loafing), with the potential for foraging for fish in the abutting river channel. The potential for effect for the bald eagle was presumed to be "Not likely to Disturb" as related to the development of the project site. BOG TURTLE The southern regional bog turtle was listed as threatened due to similarity of appearance to the northern regional bog turtle in 1997. The bog turtle is considered one of the smallest turtle species in the world. Bog turtles inhabit shallow, spring -fed fens, sphagnum bogs, swamps, marshy meadows, and pastures which have soft, muddy bottoms; clear, cool, slow flowing water, often forming a network of rivulets with dominant vegetation of low grasses and sedges and interspersed wet and dry pockets. It is an omnivorous reptile that feeds on worms, beetles, and snails along with various plant parts, including small berries. Nest sites are located on elevated patches of sphagnum moss (Sphagnum spp.) or sedges in a sunny area. Based on the results of the April 13 and June 22, 2023, field reconnaissance, there is no optimal habitat present within the Main Dam LOD (including Wetland C) for the bog turtle. It is presumed that the potential for effect for the bog turtle is "No Effect" as related to the proposed development of the project site. MONARCH BUTTERFLY The monarch butterfly is currently a candidate species for listing on the Endangered Species List after a December 2020 species assessment was completed by the USFWS and the agency recommended candidate listing. Habitat for the monarch butterfly consists of a wide variety of flowering plants throughout Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application their migration and breeding areas which covers much of the United States. These flowering plants include species such as goldenrods (Solidago spp.), asters (Symphyotrichum spp. and Eurybia spp.), gayfeathers (Liatris spp.), and coneflowers (Echinacea spp.); however, the species requires milkweed (Asclepias spp.) specifically for breeding. No monarch butterflies or milkweed plants were observed within the Main Dam LOD during the April 13 and June 22, 2023, field reconnaissance. Occurrences of the monarch butterfly within the project site would most likely be transitory. The occurrence of other flowering plants within the project area, however, may provide nectaring habitat for the species. As a result of these considerations, the potential for effect of the monarch butterfly was determined to be "May Affect, Not Likely to Adversely Affect" as related to the proposed development of the project site. DWARF -FLOWERED HEARTLEAF Dwarf -flowered heartleaf is a low -growing evergreen perennial forb. It has heart shaped leaves that are four to six centimeters long, dark green and leathery, supported by long thin leaf stems connecting it to an underground stem. The jug -shaped flowers are usually beige to dark brown or purple and appear from mid - March to early June. The flowers are small and inconspicuous and are found near the base of the leaf stems, often buried beneath the leaf litter. The species occurs on acidic, sandy loam soils on moist to dry north -facing slopes of ravines and along bluffs and hillsides in boggy areas next to streams. Vegetation is typically oak -hickory -pine forests of the Piedmont Physiographic Region. The species requires sunlight in early spring for maximum flowering and seed production. Although no specimens of dwarf -flowered heartleaf were observed within the Main Dam LOD during the April 13 and June 22, 2023, field reconnaissance, population clusters of the species do exist within the Cliffside Stream Station. Suitable habitat is present along the Broad River. With these considerations, the potential for effect for the dwarf -flowered heartleaf within the project site was determined to be "May Affect, Not Likely to Adversely Affect" as related to the proposed development of the project site. SMALL WHORLED POGONIA The small whorled pogonia typically grows under forest canopies that are open or near features that create long -persisting breaks in the forest canopy such as a road or a stream. The species is often found on slopes near small streams. This orchid grows in mixed -deciduous or mixed-deciduous/coniferous forests that are in second- or third -growth successional stages. Forest vegetation is typically mature hardwood stands of beech, birch, hickory, maple, and oak, with a thick layer of dead leaves in the ground story. The soils in which the species grows are usually acidic, moist, and have very few nutrients. Based on the results of the April 13 and June 22, 2023, field reconnaissance within the Main Dam LOD, suitable habitat is present within the project site for the small whorled pogonia. However, the species was not observed during the site reconnaissance. It is noted that the June 22 site reconnaissance was conducted within the optimal survey window for the species as identified by the USFWS; i.e., mid -May to early July. With these considerations, the potential for effect for the small whorled pogonia within the project site was determined to be "May Affect, Not Likely to Adversely Affect" as related to the proposed development of the project site. ROCK GNOME LICHEN The rock gnome lichen only grows in areas with substantial humidity, such as high elevations above 5,000 feet where there is often fog, or in deep river gorges at lower elevations. The habitat is restricted to vertical Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application rock faces occasionally exposed to seepage water. The species thrives well on moist, open sites with northern exposures, but needs partial canopy coverage on southern or western facing sites as it is intolerant of high -intensity solar radiation. Plant communities include high -elevation coniferous forests, red spruce (Picea rubens) and Fraser fir (Abies frasen), typically on rocky outcrop or cliff habitat. Based on the results of the April 13 and June 22, 2023, field reconnaissance, there is no suitable habitat present within the Main Dam LOD for rock gnome lichen. As such, the potential for effect for the rock gnome lichen was determined to be "No Effect" as related to the proposed development of the project site. CULTURAL RESOURCES Section 404 of the CWA requires that projects authorized by the USACE do not adversely affect historical properties which are listed or eligible for listing on the National Register of Historic Places (NRHP). Cultural resources are protected by Section 106 of the National Historic Preservation Act (NHPA). The Section 106 process consists of consultation with state and federal agencies, consultation with Native American tribes by the lead federal agency, and the identification and evaluation of cultural resources for inclusion in the NRHP. 7.8.1 Description of Affected Environment WSP conducted a cultural resources literature and records review of known archaeological and historical resources for the proposed project site and half -mile radius. WSP consulted the Historic Preservation Office Web Service (HPOWEB) maintained by the North Carolina Historic Preservation Office (NCHPO) (NCHPO 2023), and the data inventory and library housed at the North Carolina Office of State Archaeology (NCOSA) in Raleigh, North Carolina. For this review, the project site includes the Main Dam LOD and the U51AB LOD. Results of the cultural resources research indicate that there are no known archaeology sites and four historic resources located within a half -mile radius of the project site boundaries. ARCHAEOLOGICAL RESOURCES Using the NCOSA site file records, WSP reviewed the information provided in the site forms for any previously recorded archaeology sites within the project site and half -mile radius (Figure 7). There are no known archaeology sites located within a half -mile radius of the project site and no cultural resources surveys have taken place within the project site (NCOSA 2023). HISTORIC ARCHITECTURE RESOURCES WSP reviewed the historic architecture information provided by HPOWEB to identify historical structures within the project site and half -mile radius. Table 7.5 summarizes the relevant information, detailing the historic resource names, description, temporal affiliation, and NRHP eligibility for each location. A historic resource may be recommended as not eligible, undetermined, or eligible for listing in the NRHP. Undetermined means that additional work is required to accurately evaluate the eligibility of the resource. Four historic resources are located within the area of potential effect (APE), all of which require additional workto determine their eligibility for listing in the NRHP (Figure 7, Table 7.5). Included among the recorded structures is the Cliffside Stream Station (31 CL0015), which was the earliest power plant built, and the Duke Power Clubhouse (31 CL0346), which was once a gathering place for residents of the Cliffside Village and Duke Power Village to host potlucks, ice cream socials, and square dances. The clubhouse has since been moved and restored by Duke Power and is currently used as a meeting space. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Table 7.5 Previously Recorded Historic Architectural Resources Located in the Vicinity of the Project Site RESOURCE DESCRIPTION TEMPORAL AFFILIATION NRHP ELIGIBILITY 31CL0015 Duke Power Cliffside Steam Station No data Undetermined (Surveyed only) 31CL0025 House 31CLO346 Duke Power Clubhouse No data Undetermined (Surveyed only) No data Undetermined (Surveyed only) 31CLO598 I Bridge #253 No data Undetermined (Surveyed only) According to the North Carolina Survey Status Report (2019), the last comprehensive historic architectural survey of Rutherford County was completed in 1979. Cleveland County is currently in the process of an updated comprehensive survey, which has been ongoing since 2019. 7.8.2 Historic Maps In addition to reviewing the records held at the NCHPO and NCOSA, historic USGS topographic maps were also reviewed. Although the project site is almost entirely within Rutherford County, archival maps of the area dating to the early twentieth century show the location on maps of Cleveland County such as the Rural Delivery Routes, Cleveland County (US Post Office Department 1912) and the Soil Survey of Cleveland County, North Carolina (Vanatta and McDowell 1918). Both these maps show the location of the project site and the surrounding area as very rural and unsettled. The earliest historic USGS topographic maps date to the mid -twentieth century and indicate only the presence of the railroad line (USGS Charlotte, NC 1953 and 1954) until the Cliffside power plant was constructed (USGS Cowpens, SC 1959). In addition to the establishment of the power plant, more roads and rail lines were built to access the plant, and a substantial number of structures are indicated along the roads to the south of the power plant, which was likely to house the workers. By 1983, the power plant has clearly expanded from the small structure next to the Broad River to include additional substations, cooling tanks, and retention ponds (USGS Chesnee, SC 1983). 7.tt.:3 Potential Environmental Impact., The cultural resources literature and records review indicate there are no known archaeological sites, historic structures, or historic areas located within the project site. The records search of the NCHPO and NCOSA files show that there are four historic structures within the half -mile radius of the project site, all four of which require additional work to determine their eligibility for listing in the NRHP. Based on the results of this cultural resources literature and records review, the proposed U51AB Dam Decommissioning project is not expected to impact any known archaeological sites. Due to the limited number of cultural resources surveys in the area, the lack of previously recorded sites and structures is not indicative of a complete absence of these resources. The last comprehensive architectural survey of Rutherford County was in 1979 and it is likely there are structures that have since become 50 years or older. This records search has been provided for planning purposes and does not satisfy the full requirements for the Section 106 process. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application 7.9 ENVIRONMENTAL JUSTICE Environmental justice considers sensitive minority and low-income populations in the community to determine whether a proposed action and its alternatives may have a disproportionately high and adverse human health or environmental effect on those populations. Environmental Justice analysis is conducted in compliance with EO 12898 (59 Federal Register [FR] 7629), Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations. Based on guidance from the CEQ, minority populations should be identified where either (a) the minority population of the area exceeds 50 percent, or (b) the minority population percentage of the affected area is greater than the minority population percentage in the general population or other appropriate unit of geographic analysis (CEQ 1997). Hispanic or Latino populations are not defined as a racial designation, but rather an ethnic population. Hispanics or Latinos may be white, black, or any race. Low-income populations are defined as those below the federal poverty thresholds identified using statistical poverty thresholds from the US Census. USEPA guidance states, "The composition of the population should be compared to the characteristics of the population, e.g., percentage of minority populations residing near a proposed project versus the percentage of minority populations located within a single or multiple -county area surrounding the proposed project" (USEPA 1998). Applying this methodology, the percentage of low-income and minority populations near the project site (Rutherford and Cleveland Counties) is compared to the percentage of low-income and minority populations located within North Carolina. A low-income or minority population is identified when an area has a poverty rate or minority population percentage that is greater than the state. To summarize, EO 12898 instructs federal agencies to identify and address, within the scope of the proposed programs, policies and activities that may have disproportionately high adverse effects on human health or environmental effects on minority and low-income populations. Furthermore, according to CEQ guidelines, United States Census Bureau (USCB) data are typically used to determine minority and low- income population percentages in the affected area of a project to conduct a qualitative assessment of potential environmental justice impacts. 7.9.1 Gescripuon of Affectea Environment WSP examined 2020 USCB data (as available) to determine minority and low-income population percentages in the affected area of the project to facilitate the qualitative assessment of potential environmental justice impacts. The avoidance of adverse impacts upon minority and/or low-income communities is a key component of projects subject to federal review or permitting. The data used in this analysis are USCB Census 2020 data (USCB 2023). The proposed action is in Census Tracts 9611.02 and 9515.02. The population of Census Tract 9611.02 as of 2020 is 1,067, approximately 86.7% of which is Caucasian or white and approximately 3.8% is African American or Black. The population of Census Tract 9515.02 as of 2020 is 1,323, approximately 87.8% of which is Caucasian or white and approximately 4.0% is African American or Black. Less than 30% of the populations for both Rutherford and Cleveland Counties are non- white, compared to 12.8% for North Carolina. According to the 2020 Census data, the population for Cleveland County is 99,519 and the population of Rutherford County is 64,444. Both Cleveland and Rutherford Counties do not have a significantly higher number of minorities or low-income populations than the overall percentage for the state of North Carolina. Additional census data for the census tracts are shown in Table 7.6. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Table 7.6. Census Data for the Project Site, 2020 CENSUS TOPIC RUTHERFORD COUNTY TRACT 9611.02 CLEVELAND COUNTY TRACT 9515.02 RUTHERFORD COUNTY CLEVELAND COUNTY NORTH CAROLINA Median Household Income $31,122 $32,283 $45,500 $45,646 $60,516 Individuals Below Poverty Percentage Race Percentages: White 8.80% 86.70% 2.60% 87.80% 17.50% 82.30% 18.00% 71.90% 13.40% 61.90% African American 3.80% 4.00% 10.00% 21.00% 22.30% American Indian 0.60% 0.30% 0.40% 0.40% 1.600% Asian 0.40% 0.00% 0.70% 1.20% 3.40% Other 8.40% 8.00% 7.50% 6.40% 12.80% Source: USCB 2023 7.9.2 Potential Environmental Impacts The proposed action would occur entirely within the property of Duke Energy. No impacts to vehicular, bicycle, or foot traffic access to medical, school, or employment are anticipated, nor are access to food and fiber production or firewood to be impacted. No disproportionately high adverse impacts to human health or environment of minority or low-income populations are expected. No conflicts with known (documented) residential communities are anticipated. The project is also compatible with the existing land use. While minority and low-income populations may be present in the census tracts surrounding the project site, no notably adverse community impacts are anticipated with this project; thus, impacts to minority and low-income populations do not appear to be disproportionately high and adverse. Benefits and burdens resulting from the project are anticipated to be equitably distributed throughout the community. No disparate impacts are anticipated under Title VI and related statutes. Scattered residences are located adjacent to or near the existing Cliffside Steam Station. The Cliffside Steam Station has been operating as a coal-fired power plant with an ash basin since commercial operation began in 1940 and the proposed activities within Duke Energy property would not be out of character with activities currently or formerly associated with the facility. Closure of the U51AB ash basin is a public necessity, as evidenced by the state law mandate and the February 5, 2020, Consent Order with the State of North Carolina requiring that the CCR materials currently in the existing ash basin be relocated to a lined landfill. 7.10 HAZARDOUS MATERIALS 7.10.1 Description of Affected Environment "Hazardous materials" and "hazardous waste" are substances, which because of their quantity, concentration, or characteristics (physical, chemical, or infectious), may present a significant danger to public health and/or the environment if released. These substances are defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA; 42 USC 9601 et seq.) and the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act ([RCRA]; 42 USC 6901 et seq.). Regulated hazardous wastes under RCRA include any solid, liquid, contained gaseous, or semisolid waste or combination of wastes that exhibits one of more of the hazardous characteristics of ignitability, corrosivity, toxicity, or reactivity, or is listed as a hazardous waste under Title 40, CFR, Part 261. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Storage and use of hazardous materials and wastes are regulated by local, state, and federal guidance including the Emergency Planning and Community Right -to -Know Act (42 USC 116 et seq.) and RCRA. Currently, land use at the project site is undeveloped or is included within the footprint of the inactive ash basin, U51AB LOD. No hazardous wastes are generated, stored, handled, transported, treated, or disposed within the project site. Except for historical ash disposal activities, no activities have been conducted at the project site that could potentially result in contamination by a hazardous material, substance, or waste. ,.10.2 Potential Environmental Impacts There is no hazardous material in the U51AB. The on -site landfill is located to the south of the U51AB across the Duke Power Road. The on -site landfill is a lined landfill. Ash from the basin is transported to the on -site landfill with articulated trucks. Soil from the dam removal will be used for restoration grading with the U51AB area and used for on -site landfill operations and closure. Soil will go directly to the landfill operations, closure, or be stockpiled adjacent to the landfill in approved stockpile locations covered by existing E&SC Plans. The transported soil will be free of hazardous material. 7.11 NOISE AND VIBRATION 7.11.1 Description of Affected Environment Noise is sound that is produced at levels that can be harmful and may be considered unwanted by the surrounding community, properties, and residences. The Noise Control Act of 1972 (Public Law 92-574) and EO 12088 (Federal Compliance with Pollution Control Standards) require that federal agencies assess the impact of noise to the environment (USEPA 2023a). Guidelines for noise have been established by the USEPA based on a calculation of noise by the daytime and nighttime averages, referred to as the Day/Night Levels (Ldn) (USEPA 1974). The Ldn is reported as A -weighted decibels (dBA) that occur within a 24-hour period. Table 7.7 presents USEPA standard noise levels for various community types. Noise levels can vary depending on setting, built environment, and distance to the noise source. Noise levels by environment can be variable with levels at 40 decibels (dB) for wilderness areas and 90 dB for urban areas. Rural communities typically have lower dB than their urban counterparts with rural communities around 50 dB or less. The USEPA has calculated that an individual exposed to a noise level of 73 dB for eight hours a day for 40 years would have a hearing loss smaller than 5 dB for 96% of the population. Table 1.1. USEPA Standard Noise Levels for Various community Types COMMUNITY DAYINIGHT AVERAGE (LDN-DBA) Rural 30 to 55 Quiet Suburb 50 Normal Suburb 55 Urban Residential 60 Noisy Urban 65 70 Very Noisy Urban 7.11.9 Potential Fnvironmental Impact Grading operations are the noisiest activities with equipment generating noise levels as high as 70 to 95 dBA within 50 feet of their operation. Distance would rapidly attenuate noise and it is not anticipated that the proposed construction operations within the Main Dam LOD will occur close enough to existing residential areas adjacent to or near the Cliffside Steam Station to cause disturbances. No residential Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application properties abut the boundaries of the Main Dam LOD. Residential properties occur further to the north and west of the Main Dam LOD. The residential properties that occur to the north are screened by mature forest. The distance between the northern properties and the Main Dam LOD is approximately one-half mile. The distance between the western residential properties and the Main Dam LOD is approximately one -quarter mile. These western properties are mostly screened from the Main Dam LOD by mature forest. The western residential properties are located along US Route 221 Alternate. Vehicle traffic would be mostly contained within Duke Energy property. In addition, site construction operations would occur during daytime hours when many residents are away from their homes; therefore, those living near the Cliffside Steam Station are not likely to be affected by noise generated by the proposed action. Noise impacts would be localized at the vicinity of the project site. Earth -moving equipment and other construction machinery and vehicles will create localized increases in noise levels. These temporary noise impacts should not disrupt normal Cliffside Steam Station operations. Noise levels dissipate as distance from their origin increases. Distance from the project site must be considered when evaluating potential noise impacts to land uses adjacent to or near the project site. The Main Dam LOD is surrounded to the west and north by mature woods and utility right-of-way, to the northeast by the steam plant, and to the south by the ash basin. Construction noise would be buffered by woods or would not be out of character with existing vehicle noise along an existing roadway. Truck traffic generated by movements within the Main Dam LOD or between the project work site and other areas of the property would be limited to normal business hours and would not substantially increase noise levels along public roads. The proposed action is not expected to impact noise -sensitive land uses. 7.12 AIR QUALITY In 1970, Congress created the USEPA and passed the Clean Air Act, giving them authority to clean up air pollution in this country. Since then, USEPA and states, tribes, local governments, industry, and environmental groups have worked to establish a variety of programs to reduce air pollution levels across America. In 1990, Congress noticeably revised and expanded the Clean Air Act, providing USEPA even broader authority to implement and enforce regulations reducing air pollution and placing an increased emphasis on more cost-effective approaches to reduce air pollution. The USEPA classifies source emitted air pollutants that cause health, environmental, and property damage as "criteria air pollutants," as the agency has developed criteria (science -based guidelines) as the basis for setting permissible levels in ambient air. Criteria Pollutants include six common air pollutants which are found all over the United States. They are particle pollution (often referred to as particulate matter), ground -level ozone, carbon monoxide, sulfur oxides, nitrogen oxides, and lead. These pollutants can harm your health and the environment, and cause property damage. One set of limits (primary standard) protects human health; another set of limits (secondary standard) protects human welfare by preventing environmental and property damage. The USEPA has established National Ambient Air Quality Standards (NAAQS) in 40 CFR 50 for the following criteria pollutants: sulfur dioxide, particulate matter (with an aerodynamic diameter of less than 10 microns) (PMlo), fine particulate matter (with an aerodynamic diameter of less than 2.5 microns) (PM2.5), carbon monoxide, ozone, nitrogen dioxide, and lead. A geographic area that meets or exceeds the primary NAAQS is classified as an attainment area; areas that do not meet the primary NAAQS are classified as nonattainment areas. Areas that were originally designated as nonattainment, but which have improved their air quality sufficiently to have been re -designated to attainment, are classified as maintenance areas. In addition to the federal NAAQS for criteria pollutants, NCDEQ has adopted ambient air quality standards in North Carolina Administrative Code (NCAC) Title 15A Subchapter 2D Section 0400 — Ambient Air Quality Standards (NCDEQ 2023d). The standards establish certain maximum limits on parameters of air quality Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application deemed necessary for the preservation and enhancement of air quality in North Carolina. Regulations that limit air pollution emissions from sources located within North Carolina are codified under NCAC Title 15A - Environment Quality, Chapter 02 — Environmental Management, Subchapter 02D - Air Pollution Control Requirements (NCAC 2023a). Stationary source air quality permitting procedures are codified under Subchapter 02Q — Air Quality Permit Procedures (NCAC 2023b). 7.12.1 Desci ipiion 01 Affected Envii Unrnen1. The entirety of the Cliffside Plant is in Rutherford and Cleveland Counties, North Carolina, approximately 50-miles west of the Charlotte metropolitan area. This part of North Carolina is in the Piedmont Region with rolling hills, where regional climate is impacted by a variety of influences, from the Appalachian Mountains to the west and the Atlantic Ocean to the east. This area has moderate climate due in part to sheltering effect from the mountains. It experiences cool winters with some extreme temperatures and can have heavy snowfall. Summers can be warm to very hot and typically have a long season. Summer precipitation is typically formed from thunderstorms with relatively drier winters. Winds are predominantly from the west in North Carolina, which can result in pollution transport from upwind states (City -data 2023). Criteria air pollution emissions from sources located in the vicinity of the project site, as presented in the 2020 National Emissions Inventory, are summarized in Table 7.8 (USEPA 2023b). These values include emissions from point sources (i.e., stationary sources that have individual air permits), nonpoint sources (i.e., stationary sources that do not have individual air permits), mobile on -road sources (i.e., cars and trucks), and mobile non -road sources (i.e., construction vehicles). Taoie 1.0. Air emissions trom sources in Cleveland County, ivorth Carolina POLLUTANT EMISSION (TONS) Carbon Monoxide (CO) 12,109 Nitrogen Oxides (NOX) 1,670 Particulate Matter < 10 microns (PM,o) 2,802 Particulate Matter < 2.5 microns (PM2.5) 631 Sulfur Dioxide (S02) 13 Volatile Organic Compounds (VOC) 13,996 7.19 9 Regulatory Requirempn+c- fnr Air Quality — Genpral Conformity The 1990 Clean Air Act Amendments include the General Conformity rule, which is intended to ensure that Federal Actions conform with applicable State Implementation Plans in nonattainment or maintenance areas; thus, not adversely impacting the area's progress toward attaining NAAQS standards. The General Conformity rule is codified in 40 CFR Part 51, Subpart W and Part 93, Subpart B, "Determining Conformity of General Federal Actions to State or Federal Implementation Plans" ("General Conformity Rule"). NCDEQ's general conformity rules that were codified in NCAC Title 15A Subchapter 2D Section 1600 expired on February 1, 2016 (NCDEQ 2023e). General Conformity is applicable to most federally funded or approved actions that are not applicable to Clean Air Act Transportation Conformity regulations, and covers direct and indirect emissions of criteria pollutants, or their precursors, caused by the action. The General Conformity Rule can be summarized as consisting of three parts: applicability, procedure, and analysis. Applicability is an assessment of whether a proposed action is subject to the General Conformity Rule. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Since 2015, all areas of North Carolina are in attainment with all federal NAAQS (NCDEQ 20230 which includes Cleveland and Rutherford Counties. As the project site is not located in an area designated as nonattainment or maintenance for any criteria pollutant, as of July 15, 2020, the General Conformity Rule is not applicable, and a General Conformity Determination is not required for the proposed action. Since NCDEQ's general conformity rules expired on February 1, 2016, pursuant to General Statute 15013- 21.3A, a state general conformity analysis is not required for the project. Additionally, per 15A NCAC Subchapter 02Q Section 0300, the project is exempt from requiring an air quality permit or permit modification, as any potential maintenance, structural changes, or repair activities are not expected to "increase the capacity of such processes", or "cause any change in the quality or nature or an increase in quantity of an emission of any regulated air pollutants." 7.12.3 Potential tnvironmental Impacl Air pollution emissions could be generated by several sources associated with the proposed U51AB dam removal. These emission sources include construction vehicles used during site activities, as well as clearing and grading operations and the placement and/or removal of storage piles during site activities. Dam removal is expected to have infrequent and negligible air quality impacts. Construction -phase air emissions could be generated by the following activities: • Fuel combustion emissions from the operation of off -road construction equipment (i.e., off road dump trucks, drum rollers, soil compactors, farm tractors, excavators, bulldozers, graders, loaders, backhoes, forklifts, hostler trucks, asphalt pavers, and asphalt compactors on -site). • Fuel combustion emissions from the operation of on -road construction equipment (i.e., dump trucks, water trucks, etc. to and from the site). • Fuel combustion emissions from the operation of personal vehicles to transport construction workers to and from the site; and, • Fugitive dust emissions from wind erosion and storage piles. Within the project site, it is anticipated that the U51AB dam removal would result in increased air emissions during the construction phases. However, these emissions would cease once the project is completed. The U51AB dam removal is not expected to measurably increase air emissions. 7.12.4 PropoSPri Mitlgatinn Unn--i irac During the project construction phase, additional emissions control measures would include the suppression of fugitive dust emissions. "Fugitive dust emissions" refers to particulate matter that does not pass through a process stack or vent and that is generated within plant property boundaries from activities such as unloading and loading areas, process areas, stockpiles, stockpile working, plant parking lots, and plant roads (including access roads and haul roads). During the construction phase, frequent water spraying on roadways within the Cliffside Steam Station would serve as the primary suppression method to ensure that vehicle traffic does not spread dust. As the project site is in an attainment area for any criteria pollutants, and given the fugitive dust mitigation measures, operations associated with the project are not expected to impact air quality, either locally or regionally. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application 7.13 TRAFFIC AND TRANSPORTATION 7.13.1 Description of Affected Environment The Main Dam of the U51AB and the ash basin are contiguous; specifically, the southern boundary of the Main Dam LOD is conterminous with the northern boundary of the U51AB LOD. The nearest roadway to the overall project area is Duke Power Road, with its closest approach occurring approximately 700 feet to the south of the south-central boundary of the ash basin. The on -site landfill occurs to the south of Duke Power Road. US Route 221 Alternate is located approximately one -quarter mile to the west of the Main Dam LOD. 7.13.2 Potential Environmental Impacts Ash from the U51AB is currently transported to the on -site landfill with articulated trucks. Under the proposed dam decommissioning action, soil from the dam removal will be used for restoration grading within the U51AB area and used for landfill operations and closure. Soil will go directly to the landfill operations, closure, or be stockpiled adjacent to the landfill in approved stockpile locations covered by existing E&SC Plans. The locations of the Main Dam LOD, the U51AB LOD, and the on -site landfill (i.e., within the Cliffside Steam Station/Duke Energy property) allow for the afore -mentioned activities to be completed via internal haul roads. US Route 221 Alternate is not used as a haul road for on -site Duke Energy construction activities or the transport of CCR materials. Furthermore, the construction activities that are associated with the proposed action would have no effect on the level of service of this roadway. Duke Energy does not intend to develop any driveway(s) off US Route 221 Alternate at the present time. However, if a driveway/haul road tie-in from the Cliffside Steam Station to a local regulated roadway outside of Duke Energy property is necessary for other station activities, the tie-in road would have to meet North Carolina Department of Transportation (NCDOT) roadway standards and would necessitate a NCDOT review and approval to meet the requirements to obtain a driveway permit or encroachment agreement. Overall, no traffic or transportation impacts are expected to occur during construction activities under the proposed action. The proposed dam decommissioning work within the Cliffside Steam Station property should have no noticeable effect to local traffic and transportation level of service. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application 8 Cumulative Impacts Cumulative impacts (40 CFR 230.11(g) and 40 CFR 1508.7, Regulatory Guidance Letter 84-9) are those impacts that result from the incremental impact of an action added to other past, present, and reasonably foreseeable actions in the future. These cumulative impacts can result from individually minor direct and indirect but collectively significant actions taking place over a period. The CEQ has provided a framework for addressing cumulative effects as part of an environmental assessment, "Considering Cumulative Effects Under the National Environmental Policy Act." This guidance places a priority on "counting what counts" within a defined geographic (spatial) and time (temporal) boundary when considering cumulative impacts. OA uIKr-u I HIVu w4uiKtI. I CrFECTS ur I rlt rKVrVJtU Hl. I IVIV The potential effects of the proposed action are provided in detail in the previous sections of this ER: • WOTUS (Section 5.2); • Land use (Section 7.1); • Aesthetic and visual resources (Section 7.2); • Geology and topography (Section 7.3); • Soils (Section 7.4); • Biotic communities (Section 7.5); • Water resources / floodplains (Section 7.6); • Protected species (Section 7.7); • Cultural resources (Section 7.8); • Environmental justice (Section 7.9); • Hazardous materials (Section 7.10); • Noise and vibration (Section 7.11); • Air quality (Section 7.12); and • Traffic and transportation (Section 7.13). O.Z OF CUMULATIVE IMPACTS The geographic scope of the proposed action and associated cumulative impacts is primarily limited to the project site; i.e., the Main Dam LOD. However, as the proposed action (dam decommissioning) is linked to the closure of the U5 IAB, the ash basin is also considered with regards to associated cumulative actions. In this respect, the geographic scope of impacts from traffic and noise, as well as air impacts, would be localized and limited to the Main Dam LOD and the U51AB LOD. The proposed action avoids traffic impacts by maintaining most of the construction traffic on internal haul roads. Noise would be localized to the direct vicinity of construction activities and traffic. Distance would rapidly attenuate noise and it is not anticipated that the proposed dam removal operations would occur close enough to existing residential areas near the project site to cause disturbances. Furthermore, traffic would be contained within Duke Energy property (i.e., internal haul roads) and that these operations would occur during daytime hours. The project area is surrounded by mature woods or roadways, essentially Duke Power Road to the south of the ash basin. Construction noise would be buffered by woods or would not be out of character with existing vehicle noise along an existing roadway. Air emissions could be generated by several sources associated with the ash basin closure and the dam removal, including construction equipment and vehicles used during the extraction of CCR materials and subsequent site grading and equipment and vehicles used for dam removal 44 Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application and grading. However, site construction operations are not expected to measurably increase air emissions locally or regionally. I tIvIPORAL SCOPE OF CUMULATIVE IMPACTS Duke Energy anticipates Main Dam removal activities to begin towards the end of the ash removal anticipated for 4th Quarter 2023 and continue in phases until construction is complete in 2024. Post - construction, there will be no impacts within the Main Dam LOD and there would be no potential cumulative impacts in the project site vicinity. AFFECTED ENVIRONMENT A detailed description of the affected human and natural environment from the proposed action is presented in Section 7 (Affected Environment and Impacts) of the ER. The geographic scope of the affected environment would be limited and is anticipated to be equivalent with the level of scale discussed in Section 7. As a result, the environment affected by cumulative impacts is not anticipated to differ from the human and natural environments described in Section 7. ENVIRONMENTAL CONSEQUENCES A detailed evaluation of the environmental consequences of the proposed action is presented in Section 7 of the ER. The geographic scope of environmental consequences would be limited and is anticipated to be equivalent with the level of scale discussed in Section 7. As a result, the cumulative environmental consequences are not anticipated to differ from those described in Section 7. AVOIDANCE, MINIMIZATION, AND MITIGATION The appropriate and practicable steps taken to avoid or minimize potential adverse impacts are discussed in Section 4.3 (Avoidance and Minimization of Impacts) of the ER, while a compensatory mitigation plan for the proposed action is included in Section 6 (Wetland Compensatory Mitigation Plan) of the ER. It should also be noted that the proposed action (i.e., preferred alternative) was determined to be the LEDPA that meets the purpose and needs of the project. CONCLUSIONS The USACE is required to determine both potential short-term and long-term effects of a proposed discharge of dredge and fill material on the physical, chemical, and biological components of an aquatic environment, including the effects of cumulative impacts. To have reasonable assurances that there would be cumulative effects to projects when considered together or incrementally, the projects need to occur within similar time frames and within a geographic area coinciding with the proposed action. A review of potential cumulative impacts to WOTUS because of dam decommissioning and ash basin closure activities indicates that the proposed action would have no significant adverse effects. The rationale for this presumption is based on the following considerations: • No contact water (i.e., water containing CCR materials) would be discharged into WOTUS (wetlands and streams); therefore, the water quality of downstream receiving waters, specifically the Broad River, would not be impaired. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application • The proposed impacts to the WOTUS from dam decommissioning and ash basin closure activities should have no cumulative effect on the quality of other jurisdictional waters occurring within the Cliffside Steam Station or beyond the station property. This presumption is based on the review of environmental documentation regarding known current and past federal and non-federal actions at the Cliffside Steam Station. Projects in the planning phase were also considered, including reasonably foreseeable actions that have the potential to interact with the proposed action. • Cumulative impacts to the human environment could occur if impacts from the project act cumulatively with existing uses in the area, including the existing Cliffside Steam Station, and due to potential future development. No substantial commercial, industrial, or residential developments have recently been constructed or are under construction in the area surrounding the Cliffside Steam Station. It is presumed that any additional development would be conducted in accordance with local zoning laws, and state and federal regulations. These laws and regulations have been designed to direct development to be completed in an environmentally sensitive manner; i.e., in a manner that is similar to the proposed action. • Cumulative impacts to air quality are likely to be de minimis to minor, as the proposed action is not expected to adversely impact air quality. Should large commercial or industrial projects come into the area, air quality modeling would be conducted to determine if the air quality environment would be impacted (no such projects are known at this time). The project site is located within an area that has already been impacted by residential, commercial, and industrial development related to the Cliffside Steam Station. • Cumulative impacts to socioeconomic factors are expected to be de minimis. The proposed action would not result in industrial or commercial development near the project site and would have negligible effects to job opportunities and the local tax base. • The Cliffside Steam Station is in an area thatwas historically used fortimber and agricultural production. The landscape has previously been modified for residential, commercial, roadway, and railroad construction. The landscape was extensively altered by land clearing for timber, crops, ditching, and roads. The project has been studied to determine if the U51AB dam decommissioning construction activities could act cumulatively with historic landscape fragmentation and potential future commercial and industrial development to increase habitat and surface water degradation further. Cumulative impacts from additional development are unlikely to occur because of the proposed action. In addition, the project has been designed to prevent additional surface water impairment. A review of potential cumulative impacts from the U51AB dam decommissioning construction activities, as discussed in this ER, indicates that the proposed action (i.e., the preferred alternative) would not have significant cumulative adverse effects on the human or natural environment. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application 9 Summary and Conclusions 9.1 BACKGROUND INFORMATION This ER was prepared by WSP to facilitate, for Duke Energy, the preparation and submittal of federal and State of North Carolina regulatory permit applications and associated documents for the U51AB Dam Decommissioning Project (the project) at the Cliffside Steam Station. WSP support includes coordination with regulatory staff to secure a USACE CWA Section 404 IP and NCDEQ-DWR Section 401 Water Quality Certification for the project (Joint IP). The Rogers Energy Complex — Cliffside Steam Station is located one and one-half miles to the south of the unincorporated community of Cliffside, in Rutherford and Cleveland Counties, North Carolina. The Cliffside Steam Station began commercial operation in 1940. The coal- and natural gas -fired units are still referred to as Cliffside Units 5 and 6. Units 1 through 4 were retired in 2011. In 2018, natural gas was added to the facility, thus allowing up to 40% natural gas co -firing on Unit 5 and up to 100% on Unit 6. The property owner and permit applicant is Duke Energy Carolinas, LLC (Duke Energy). On August 20, 2014, the North Carolina General Assembly passed S 729, the Coal Ash Management Act of 2014 requiring Duke Energy to phase out wet coal ash handling. Under CAMA-14, all coal ash will be covered by North Carolina's solid waste laws. Prior to the promulgation of CAMA-14, engineering work was underway to close ash basins at the retired coal plants. Duke Energy has accelerated and expanded that work to include closing all ash basins at retired and operating coal plants across its six -state service area. Additionally, the February 5, 2020, Consent Order with the State of North Carolina requires that CCR materials currently in unlined ash basins of Duke Energy coal -fire plants be excavated and relocated to lined landfills. At the Cliffside Steam Station, the Unit 5 Inactive Ash Basin (U51AB) is currently being closed by removing the CCR materials that are present within the basin. The U51AB was retired in 1980 and has not received sluiced ash since that time. 9.2 PROJECT DESCRIPTION / PROPOSED ACTION At the Cliffside Steam Station, State Dam RUTHE-070 is the Main Dam for the U51AB. This dam is a high - hazard earth fill embankment. State Dam RUTHE-072, which is also referred to as the Saddle Dam, is the other principal embankment of the U51AB. As a part of the removal of CCR materials from the U51AB, Duke Energy is seeking approval to breach and remove these structures from the state dam inventory. To summarize, the purpose of the project (proposed action) at the Cliffside Steam Station U51AB is to breach and remove the Main Dam and, if required, the Saddle Dam. The purpose of the project is based on the need to address the North Carolina CAMA-14 regulatory requirements related to ash basin closure (i.e., U51AB) at the Cliffside Steam Station and the disposal of CCR materials in a safe and timely manner. The excavation of CCR materials from the U51AB will be contained within the ash basin and completed prior to breaching the Main Dam and, if required, the Saddle Dam. The interior areas of the ash basin will be stabilized with vegetation prior to the breach. The remaining areas disturbed by the final breach will be stabilized following the breach and in accordance with applicable E&SC Plans. It is noted herein that the dam decommissioning and E&SC Plans for the project are under development and have not been finalized at this time. These plans may be updated based on regulatory review and comment by the NCDEQ DEMLR Land Quality Section and Dam Safety Section. Further, it is presumed that updates/changes to the Plans, if suggested or required by regulatory agency staff, would be minor in scope. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application The project will entail the construction of five stormwater channels. Four channels will be established within the U51AB LOD, while one channel, the outlet channel, will be constructed within the Main Dam LOD. Stormwater within the reclaimed U51AB LOD will be routed through the four stormwater channels and collected downstream in the outlet channel for discharge to the Broad River. The proposed stormwater channels and dam breach were designed to have adequate capacity and stability for the 100-year, 24-hour storm. The stormwater channel routing design will include the reconnection of two streams (Streams 7 and 8) to the Broad River. Both streams historically drained to the Broad River prior to the construction of the U51AB. The construction of the outlet channel to the Broad River will entail the removal of WOTUS; i.e., Wetland C, which partially abuts the Broad River within the Main Dam LOD. The discharge of dredged or fill material into WOTUS and most categories of work in navigable water bodies require USACE authorization under Section 404 of the CWA. This ER is intended to provide the Wilmington District of the USACE with a basis to evaluate and issue an I and associated certifications for the proposed action. ALTERNATIVES ANALYSIS In the evaluation of CWA Section 404 permit applications to discharge dredged or fill material into WOTUS including wetlands, the USACE is required to analyze alternatives that could achieve purpose and need. According to 40 CFR Section 230.10(a), a discharge of dredged or fill material will be permitted by the USACE if no practical alternatives to the proposed discharge will have less adverse impact on the aquatic ecosystem and there are no other significant adverse environmental consequences. The range of alternatives included in this analysis were limited to two action alternatives to satisfy the purpose and need of the project. The removal (decommissioning) of the Main Dam and, if required, the Saddle Dam is a principal element of the overall process to dispose of CCR materials as linked to the U51AB closure activities at the Cliffside Steam Station. The excavation and removal of CCR materials is a function of the promulgation of CAMA-14. Therefore, the impetus for the alternatives analysis is linked to this process. Alternative 1 would entail the breach and removal of the Main Dam and, if required, the Saddle Dam from the state dam inventory. This action alternative would follow the construction and dam decommissioning sequencing and restrictions for the project as previously described in the ER. Furthermore, the E&SC Plan for the Main Dam LOD would be implemented. Prior to the breaching of the Main Dam and, if required, the Saddle Dam, the excavation of ash within the boundary of the U51AB would need to be completed. In addition, the interior areas of the ash basin would be stabilized with vegetation prior to the breach activities. Alternative 1 would require the placement of fill material into WOTUS (Wetland C) for the construction of the stormwater outlet channel to the Broad River. Under the No Build Alternative (Alternative 2), the breach and removal of the Main Dam and, if required, the State Dam at the Cliffside Steam Station would not occur. The dam structures would remain on the state dam inventory and no impact to WOTUS (Wetland C) would occur under this alternative. However, the construction of the stormwater outlet channel from the U51AB to the Broad River (following the removal of CCR materials from the basin and the planting of vegetation for stabilization) would not occur and stormwater would not be routed to the river. Because of this action, the ash basin closure would be affected, and Duke Energy could not comply with CAMA-14 or the February 5, 2020, Consent Order at the Cliffside Steam Station. As Alternative 2 does not meet the project purpose and need, including the afore -mentioned legal directives, it was dismissed from further consideration. The preferred alternative is Alternative 1, the U51AB dam decommissioning action. This action alternative meets the purpose and need of the project. Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application ENVIRONMENTAL IMPACTS AND MITIGATIVE ACTIONS To complete the proposed action, a permanent impact to jurisdictional wetlands would be necessary. The wetland impact would be limited, however, to Wetland C within the Main Dam LOD. The proposed impact to Wetland C would be 0.90 acre; i.e., the entire wetland would be permanently impacted. Under the proposed action, the stormwater outlet channel, which would convey stormwater from the closed ash basin to the Broad River after the Main Dam has been removed, would be constructed through the footprint of Wetland C. Wetland A, which abuts the southeastern finger lobe of the U51AB, would not be impacted under the proposed action. In addition, no permanent or temporary impacts to jurisdictional streams will be necessary; i.e., Stream 7, which abuts the central portion of the U51AB, and Stream 8, which abuts a southern finger lobe of the ash basin. Since the Cliffside Steam Station in not located within a river basin subject to State of North Carolina Riparian Buffer Protection Rules, there would be no impacts to state -regulated riparian buffers within the project site. With regards to local regulatory restrictions, riparian (vegetative) buffers would be required along perennial waters under the Cleveland County Code of Ordinances and the Rutherford County Watershed Protection Ordinance. Compensatory mitigation for the proposed jurisdictional waters impact is required under the Section 404 IP. Appropriate avoidance and practicable minimization efforts have been conducted through the engineering design process. However, the unavoidable impact to on -site WOTUS is necessary to complete the proposed action. Based on the review of the mitigation options available, it was determined that credit purchase through the NCDMS In -Lieu Fee Program was necessary because there are no private mitigation banks offering wetland credits in the Broad River Basin at this time. On -site mitigation and offsite mitigation opportunities were not explored because the In -Lieu Fee option was available. It is noted that the Box Creek mitigation bank (McDowell and Rutherford Counties) in the Broad River Basin, with a service area within HUC 03050105, offers only stream credits. This mitigation bank does not offer wetland credits at the present time. The implementation and completion of the U51AB Dam Decommissioning project is not expected to influence cultural resources or historic properties. The proposed action should have no effect on environmental justice for the surrounding residential communities; is not expected to impact noise -sensitive land uses; and is not expected to impact air quality locally or regionally. Furthermore, substantial impacts to local or regional land use, aesthetics and visual resources, geologic features, biotic communities, and traffic and transportation are not expected to occur. With respect to federally protected plant and animal species, proposed listed species, and candidate species, the implementation and completion of the U51AB Dam Decommissioning project is not expected to have substantive effects on local or regional populations or the population dynamics of the plant and animal species that have a potential for occurrence in the vicinity of the project site. A finding of "May Affect, Not Likely to Adversely Affect" was presumed for the Indiana bat, tricolored bat, dwarf -flowered heartleaf, and small whorled pogonia. A finding of "No Effect" was presumed for the bog turtle and the rock gnome lichen. These findings were based on site reconnaissance of the project area habitats by WSP in April and June of 2023. Duke Energy Rogers Energy Complex - Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report - Joint Section 404/401 Individual Permit Application 10 References CEQ. 1981. Scoping Guidance, Memorandum of General Councils, NEPA Liaisons and Participants Scoping. April 30, 1981. Notice of availability published in 46 FR 25461, May 7, 1981. CEQ. 1997. Environmental Justice Guidance under the National Environmental Policy Act. https://ceq.doe.gov/docs/ceq-regulations-and-guidance/regs/ej/justice.pdf. December 10, 1997. City -Data. 2023. Charlotte, NC. https://www.city-data.com/us-cities/The-South/Charlotte-Geography-and- Climate.html. Accessed July 15, 2023. Executive Order 11988. 1977. Floodplain Management. May 24, 1977. Executive Order 12088. 1978. Federal Compliance with Pollution Control Standards. October 13, 1978. Executive Order 12898. 1994. Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations. February 16, 1994. FEMA. 2023. Flood Insurance Rate Maps: 3710157400K; effective date July 2, 2008. https://msc.fema.gov/portal/search?AddressQuerv=573%20duke%20power%20road%2C%20mo oresboro%2C%20nc. Accessed June 7, 2023. NatureServe. 2023. NatureServe Explorer. Available at: https://explorer.natureserve.org/. Accessed June 22, 2023. NCAC 2023a. North Carolina Administrative Codes Title 15A- Environmental Quality Chapter 02 - Environmental Management Subchapter 02D -Air Pollution Control Requirements. http://reports.oah.state.nc.us/ncac/title`/`2015a`/`20- %20e nvi ron mental%20g ua lity/chapter%2002%20- %20e nvi ron mental%20management/subchapter%20d/subchapter%20d%20rules.pdf. Accessed July 15, 2023. NCAC 2023b. North Carolina Administrative Codes Title 15A- Environmental Quality Chapter 02 - Environmental Management Subchapter 02Q -Air Quality Permit Procedures. http://reports.oah.state.nc.us/ncac/title`/`2015a`/`20- %20e nvi ron mental%20q ua lity/chapter%2002%20- %20e nvi ron mental%20management/subchapter%20q/15a%20ncac%2002q%20.0101.pdf. Accessed July 15, 2023. NCDEQ. 2016. Coal Combustion Residual Impoundment Risk Classifications. North Carolina Department of Environmental Quality Report. January 2016. https://fiiles.nc.gov/ncdeq/document- library/1.29.16_Coal%20Combustion%20Residual%201mpoundment%20Classifications.pdf. NCDEQ. 2023a. North Carolina Department of Environmental Quality, Division of Water Resources Classifications - Broad River Basin. https://experience.arcgis.com/experience/7073e9l22ab74588b8c48ded34c3df55/. Accessed June 15, 2023. NCDEQ. 2023b. 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HPOWEB 2.0. httDS:Hnc.maDS.arcais.com/home/item.html?id=79ea67lebdcc45639f0860257d5f5ed7. Accessed June 5, 2023. NCOSA. 2023. North Carolina Department of Cultural Resources (NCDCR). North Carolina Survey Status Report. https://files.nc.gov/ncdcr/historic-preservation- ofFce/PDFs/NC_Survey_Status_Report_2019-03.pdf. Accessed June 5, 2023. NC Wetland Functional Assessment Team. 2016. "N.C. Wetland Assessment Method (NC WAM) User Manual, Version 5". North Carolina Wetland Functional Assessment Team. Raleigh, NC. NC Stream Functional Assessment Team. 2013. "N.C. Stream Assessment Method (NC SAM) Draft User Manual, Version 2.1 ". North Carolina Stream Functional Assessment Team. Raleigh, NC. NCGS. 1985. Geologic Map of North Carolina. Available at: https:Hdeq.nc.gov/about/divisions/energy- mineral-land-resources/north-caroli na-geological-survey/ncgs-maps/1985-geologic-map-of-nc. Accessed July 3, 2023. NCGS. 1991. Generalized Geologic Map of North Carolina. 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United States Geological Survey Protected Areas Database. https:Hmaps.usgs.gov/padusdataexplorer/. Accessed June 2023. United States Post Office Department. 1912. Rural Delivery Routes, Cleveland County. North Carolina Maps Digital Collection. University of North Carolina at Chapel Hill. Vanatta, E.S. and McDowell, F.N. 1918. Soil Survey of Cleveland County, North Carolina. North Carolina Maps Digital Collection. University of North Carolina at Chapel Hill. Weakley, A.S. 2015. Flora of the Southern and Mid -Atlantic States. 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NC WAM WETLAND ASSESSMENT FORMS AND NC SAM STREAM ASSESSMENT FORMS NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Wetland C Date April 13, 2023 Wetland Type Bottomland Hardwood Forest Assessor Name/Organization Pam Ferral/WSP Notes on Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) YES Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Rating Summary Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -Surface Storage and Retention Condition MEDIUM Water Quality Pathogen Change Condition LOW Condition/Opportunity LOW Opportunity Presence? (Y/N) NO Particulate Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence? (Y/N) NO Soluble Change Condition LOW Condition/Opportunity LOW Opportunity Presence? (Y/N) NO Physical Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence? (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition MEDIUM Vegetation Composition Condition HIGH Function Rating Summary Function Metrics/Notes Rating Hydrology Condition LOW Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence? (Y/N) NO Habitat Condition MEDIUM Overall Wetland Rating LOW NC WAM WETLAND ASSESSMENT FORM user Manual version a Project Name Cliffside Date of Evaluation April 13, 2023 Applicant/Owner Name NCDOT Wetland Site Name Wetland C Wetland Type Bottomland Hardwood Forest Assessor Name/Organization Pam Ferral/WSP Level III Ecoregion Middle Atlantic Coastal Plain Nearest Named Water Body Broad River River Basin Broad USGS 8-Digit Catalogue Unit 03050105 County Rutherford NCDWR Region Asheville (' Yes 0 No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.217158: 81.769195 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited to the following. Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? (` Yes Q No Regulatory Considerations - Were regulatory considerations evaluated? ¢ Yes (-No If Yes, check all that apply to the assessment area. F Anadromous fish F Federally protected species or State endangered or threatened species F NCDWR riparian buffer rule in effect F Abuts a Primary Nursery Area (PNA) F Publicly owned property R N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) R Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HOW, ORW, or Trout F Designated NCNHP reference community F Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) r Blackwater (i Brownwater r Tidal (if tidal, check one of the following boxes) Lunar Wind Both Is the assessment area on a coastal island? ' - Yes `a No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? Does the assessment area overbank flooding during normal rainfall conditions? (` Yes (i No (' Yes (i No 1. Ground Surface Condition/Vegetation Condition - assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence of an effect. GS VS (' A (- A Not severely altered (i B (i B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 2. Surface and Sub -Surface Storage Capacity and Duration - assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <- 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub (a A {i A Water storage capacity and duration are not altered. r B { B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). (' C { C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage/Surface Relief - assessment area/wetland type condition metric (skip for all marshes) Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. (i A (i A Majority of wetland with depressions able to pond water > 1 foot deep t B (` B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep (' C (` C Majority of wetland with depressions able to pond water 3 to 6 inches deep (' D (` D Depressions able to pond water < 3 inches deep 3b. (' A Evidence that maximum depth of inundation is greater than 2 feet (6- B Evidence that maximum depth of inundation is between 1 and 2 feet (` C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure - assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. (' A Sandy soil (0- B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) (' C Loamy or clayey soils not exhibiting redoximorphic features (' D Loamy or clayey gleyed soil (' E Histosol or histic epipedon 4b. (i A Soil ribbon < 1 inch ( B Soil ribbon > 1 inch 4c. (0- A No peat or muck presence B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub (i A {i A Little or no evidence of pollutants or discharges entering the assessment area ( B { B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area (` C { C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion. WS 5M 2M F_ A F_ A r A > 10% impervious surfaces F_ B F_ B r B Confined animal operations (or other local, concentrated source of pollutants) F_ C F_ C r C > 20% coverage of pasture F_ D F_ D r D > 20% coverage of agricultural land (regularly plowed land) F E F E F E > 20% coverage of maintained grass/herb F_ F F_ F r- F > 20% coverage of clear-cut land R G P G F G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent dainage and/or overbank flow from affectio the assessment area. Wetland Acting as Vegetated Buffer — assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? (i Yes C No If Yes, continue to 7b. If No, skip to Metric 8. 7b. How much of the first 50 feet from the bank is weltand? (Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) (' A > 50 feet (i B From 30 to < 50 feet (' C From 15 to < 30 feet (' D From 5 to < 15 feet (' E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. (' <- 15-feet wide (i > 15-feet wide (` Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? (' Yes (i No 7e. Is tributary or other open water sheltered or exposed? (i Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. (" Exposed — adjacent open water with width > 2500 feet or regular boat traffic. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC (' A { A > 100 feet ( B { B From 80 to < 100 feet ( C C From 50 to < 80 feet (' D { D From 40 to < 50 feet r E { E From 30 to < 40 feet (' F { F From 15 to < 30 feet ( G { G From 5 to < 15 feet (' H { H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ( A Evidence of short -duration inundation (< 7 consecutive days) (' B Evidence of saturation, without evidence of inundation (i C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). (i A Sediment deposition is not excessive, but at approximately natural levels. r B Sediment deposition is excessive, but not overwhelming the wetland. (' C Sediment deposition is excessive and is overwhelming the wetland. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ('A rA ('A >500acres ( B ( B ( B From 100 to < 500 acres ( C ( C ( C From 50 to < 100 acres ( D ( D ( D From 25 to < 50 acres t E t— E t— E From 10 to < 25 acres (' F (' F (' F From 5 to < 10 acres (' G (' G (' G From 1 to < 5 acres (a H (i H (i H From 0.5 to < 1 acre C I C I C I From 0.1 to < 0.5 acre C J C J C J From 0.01 to < 0.1 acre r K ('' K r K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) C A Pocosin is the full extent (> 90%) of its natural landscape size. C B Pocosin is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas - landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide. Well Loosely (i A ( A >- 500 acres ( B ( B From 100 to < 500 acres ( C ( C From 50 to < 100 acres ( D ( D From 10 to < 50 acres f- E (' E < 10 acres (' F (` F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. (` Yes r No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect - wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >- 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directiions? If the assessment area is clear-cut, select option "C." (` A 0 f4B 1to4 C 5to8 15. Vegetative Composition - assessment area condition metric (skip for all marshes and Pine Flat) • A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. (` C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity - assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) C- A Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics). f- B Vegetation diversity is low or has > 10% to 50% cover of exotics. ( C Vegetation is dominated by exotic species (>50% cover of exotics). 17. Vegetative Structure - assessment area/wetland type condition metric 17a. Is vegetation present? (i Yes C No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. t A >- 25% coverage of vegetation f- B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately I_4_UUI E f- A (' A Canopy closed, or nearly closed, with natural gaps associated with natural processes 0 ( B ( B Canopy present, but opened more than natural gaps U fi C (i C Canopy sparse or absent o r A t- A Dense mid-story/sapling layer a ( B ( B Moderate density mid-story/sapling layer f: C ri C Mid-story/sapling layer sparse or absent f- A (' A Dense shrub layer L ( B ( B Moderate density shrub layer (i C (i C Shrub layer sparse or absent (' A (' A Dense herb layer ( B ( B Moderate density herb layer ti C (i C Herb layer sparse or absent 18. Snags - wetland type condition metric (skip for all marshes) • A Large snags (more than one) are visible (> 12-inches DBH, or large relative to species present and landscape stability). i B Not A 19. Diameter Class Distribution - wetland type condition metric (skip for all marshes) (i A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. C B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12-inch DBH. r C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris - wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. (o A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). r B Not A 21. Vegetation/Open Water Dispersion - wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ( A (` B (` C ( D 22. Hydrologic Connectivity- assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. r A Overbank and overland flow are not severely altered in the assessment area. f B Overbank flow is severely altered in the assessment area. f C Overland flow is severely altered in the assessment area. D Both overbank and overland flow are severely altered in the assessment area. Notes 1ACCUIIIpdFIMS UJeI IVId11UA1 VCIJIUII G.I USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT / SITE INFORMATION: 1. Project name (if any): Cliffside IP 2. Date of evaluation: 22 June 2023 3. Applicant/owner name: Duke Energy 4. Assessor name/organization: J.Gay/WSP 5. County: Rutherford 6. Nearest named water body 7. River Basin: Broad on USGS 7.5-minute quad: Broad River 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.210394/-81.766405 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): S7 10. Length of assessment reach evaluated (feet): 50 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 1 r Unable to assess channel depth. 12. Channel width at top of bank (feet): 5 13. Is assessment reach a swamp stream? (`Yes (" No 14. Feature type: (i Perennial flow (- Intermittent flow (` Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: (' Mountains (M) • Piedmont (P) (-Inner Coastal Plain (1) (' Outer Coastal Plain (0) 16. Estimated geomorphic 1 valley shape (skip for a (` b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip (` Size 1 (< 0.1 mi`) (g- Size 2 (0.1 to < 0.5 mi`) ( Size 3 (0.5 to < 5 mi`) (' Size 4 (>> 5 mil) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ( Yes (i No If Yes, check all that appy to the assessment area. r Section 10 water r Classified Trout Waters r Water Supply Watershed ( (` I (' II (` III % IV I; V) r Essential Fish Habitat Primary Nursery Area r High Quality Waters/Outstanding Resource Waters r Publicly owned property r NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters r Anadromous fish r 303(d) List r CAMA Area of Environmental Concern (AEC) r Documented presence of a federal and/or state listed protected species within the assessment area. List species: r Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? (` Yes • No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) (i A Water throughout assessment reach. ( B No flow, water in pools only. (` C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ( A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). (i B Not A 3. Feature Pattern - assessment reach metric (` A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). (i B Not A. 4. Feature Longitudinal Profile - assessment reach metric ( A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). a B Not A 5. Signs of Active Instability- assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). (i A < 10% of channel unstable ( B 10 to 25% of channel unstable ( C > 25% of channel unstable 6. Streamside Area Interaction - streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB (' A (? A Little or no evidence of conditions that adversely affect reference interaction N B C B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) C C C C Extensive evidence of conditions that adversely affect reference interaction (little to no flood plain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much flood plain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or flood plain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. r A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) r B Excessive sedimentation (burying of stream features or intertidal zone) r C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem r D Odor (not including natural sulfide odors) r E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch" section. r F Livestock with access to stream or intertidal zone r G Excessive algae in stream or intertidal zone r H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) r I Other: (explain in "Notes/Sketch" section) r J Little to no stressors 8. Recent Weather — watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. r A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ( B Drought conditions and rainfall exceeding 1 inch within the last 48 hours (i C No drought conditions Large or Dangerous Stream — assessment reach metric (` Yes (a No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types —assessment reach metric 10a. r Yes (@— No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) r A Multiple aquatic macrophytes and aquatic mosses m w r F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) H m F_ G Submerged aquatic vegetation r4_0 B Multiple sticks and/or leaf packs and/or emergent o in r H Low -tide refugia (pools) vegetation r c r l Sand bottom r C Multiple snags and logs (including lap trees) rM r J 5% vertical bank along the marsh D 5% undercut banks and/or root mats and/or roots O r K Little or no habitat in banks extend to the normal wetted perimeter r E Little or no habitat REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS Bedform and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. r Yes w No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). r A Riffle -run section (evaluate 11c) r B Pool -glide section (evaluate 11d) r C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) _ absent, Rare (R) = present buts 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P Bedrock/saprolite Boulder (256 — 4096 mm) r r r: r r Cobble (64 — 256 mm) r r r. r r Gravel (2 — 64 mm) r r r. r r Sand (.062 — 2 mm) r. r r r r Silt/clay (< 0.062 mm) r Detritus r Artificial (rip -rap, concrete, etc.) 11d. (` Yes (i No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. r Yes (i No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. r No Water (i Other: 12b. r Yes r No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams. r r Adult frogs r r Aquatic reptiles r r Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) r r Beetles (including water pennies) r r Caddisfly larvae (Trichoptera [T]) r r Asian clam (Corbicula ) r r Crustacean (isopod/am ph ipod/crayfish/sh rim p) r r Damselfly and dragonfly larvae r r Dipterans (true flies) r r Mayfly larvae (Ephemeroptera [E]) r r Megaloptera (alderfly, fishily, dobsonfly larvae) r r Midges/mosquito larvae r r Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) r r Mussels/Clams (not Corbicula ) r r Other fish r r Salamanders/tadpoles r r Snails r r Stonefly larvae (Plecoptera [P]) r r Tipulid larvae r [— Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB A i* A Little or no alteration to water storage capacity over a majority of the streamside area • B (' B Moderate alteration to water storage capacity over a majority of the streamside area C (` C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill, soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ( A ( A Majority of streamside area with depressions able to pond water > 6 inches deep ( B ( B Majority of streamside area with depressions able to pond water 3 to 6 inches deep to- C fi C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB Y (' Y Are wetlands present in the streamside area? • N ta— N 16. Baseflow Contributors — assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. A Streams and/or springs (jurisdictional discharges) B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam) D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) r E Stream bed or bank soil reduced (dig through deposited sediment if present) r F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) C Urban stream (>> 24% impervious surface for watershed) r D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach r E Assessment reach relocated to valley edge r F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. (i A Stream shading is appropriate for stream category (may include gaps associated with natural processes) B Degraded (example: scattered trees) ( C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB (i A (i A (i A • A > 100-feet wide or extends to the edge of the watershed (' B (` B ( B B From 50 to < 100-feet wide C C—C (' C C From 30 to < 50-feet wide ( D (' D f— D :; D From 10 to < 30-feet wide ( E (' E (` E r E < 10-feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ( A (—A Mature forest B B Non -mature woody vegetation or modified vegetation structure ( C ( C Herbaceous vegetation with or without a strip of trees < 10 feet wide (' D (' D Maintained shrubs ( E (' E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: F Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ( A (` A (` A (` A {� A (' A Row crops ( B (` B f— B f- B {` B (` B Maintained turf ( C C (` C C {` C (` C Pasture (no livestock)/commercial horticulture C D D (' D (` D C D C D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB �e A • A Medium to high stem density ( B B Low stem density ( C C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB • A • A The total length of buffer breaks is < 25 percent. B B The total length of buffer breaks is between 25 and 50 percent. C C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB A r A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. • B (6— B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. C ( C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity— assessment reach metric (skip for all Coastal Plain streams) 25a. C Yes (i No Was a conductivity measurement recorded? If No, select one of the following reasons. No Water (` Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). (` A <46 (` B 46 to < 67 r C 67 to < 79 (` D 79 to < 230 (` E >> 230 Notes/Sketch: Stream Site Name Cliffside IP Stream Category Pb2 NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Date of Evaluation 22 June 2023 Assessor Name/Organization J.Gay/WSP Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) YES Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial Function Class Rating Summary USACE/ NCDWR All Streams Intermittent (1) Hydrology MEDIUM (2) Baseflow HIGH (2) Flood Flow MEDIUM (3) Streamside Area Attenuation MEDIUM (4) Floodplain Access MEDIUM (4) Wooded Riparian Buffer MEDIUM (4) Microtopography NA (3) Stream Stability MEDIUM (4) Channel Stability HIGH (4) Sediment Transport LOW (4) Stream Geomorphology MEDIUM (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality HIGH (2) Baseflow HIGH (2) Streamside Area Vegetation HIGH (3) Upland Pollutant Filtration HIGH (3) Thermoregulation HIGH (2) Indicators of Stressors NO (2) Aquatic Life Tolerance HIGH (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In -stream Habitat LOW (3) Baseflow HIGH (3) Substrate LOW (3) Stream Stability MEDIUM (3) In -stream Habitat MEDIUM (2) Stream -side Habitat HIGH (3) Stream -side Habitat HIGH (3) Thermoregulation HIGH (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone Habitat NA Overall MEDIUM 1ACCUIIIpdFIMS UJeI IVId11UA1 VCIJIUII G.I USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT / SITE INFORMATION: 1. Project name (if any): Cliffside IP 2. Date of evaluation: 22 June 2023 3. Applicant/owner name: Duke Energy 4. Assessor name/organization: J.Gay/WSP 5. County: Rutherford 6. Nearest named water body 7. River Basin: Broad on USGS 7.5-minute quad: Broad River 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.210394/-81.766405 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): S8 10. Length of assessment reach evaluated (feet): 50 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 3 r Unable to assess channel depth. 12. Channel width at top of bank (feet): 10 13. Is assessment reach a swamp stream? (`Yes r No 14. Feature type: (i Perennial flow (- Intermittent flow (` Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: (' Mountains (M) • Piedmont (P) (-Inner Coastal Plain (1) (' Outer Coastal Plain (0) 16. Estimated geomorphic 1 valley shape (skip for ( a b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip (` Size 1 (< 0.1 mi`) (g- Size 2 (0.1 to < 0.5 mi`) ( Size 3 (0.5 to < 5 mi`) (' Size 4 (>> 5 mil) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ( Yes (i No If Yes, check all that appy to the assessment area. r Section 10 water r Classified Trout Waters r Water Supply Watershed ( (` I (' II (` III (i IV (' V) r Essential Fish Habitat Primary Nursery Area r High Quality Waters/Outstanding Resource Waters r Publicly owned property r NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters r Anadromous fish r 303(d) List r CAMA Area of Environmental Concern (AEC) r Documented presence of a federal and/or state listed protected species within the assessment area. List species: r Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? (` Yes • No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) (i A Water throughout assessment reach. ( B No flow, water in pools only. (` C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric (i A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). CB Not 3. Feature Pattern - assessment reach metric (` A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). (i B Not A. 4. Feature Longitudinal Profile - assessment reach metric (i A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). B Not A 5. Signs of Active Instability- assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). (i A < 10% of channel unstable ( B 10 to 25% of channel unstable ( C > 25% of channel unstable 6. Streamside Area Interaction - streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB (' A (' A Little or no evidence of conditions that adversely affect reference interaction N B N B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) C C C C Extensive evidence of conditions that adversely affect reference interaction (little to no flood plain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much flood plain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or flood plain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. r A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) r B Excessive sedimentation (burying of stream features or intertidal zone) r C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem r D Odor (not including natural sulfide odors) r E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch" section. r F Livestock with access to stream or intertidal zone r G Excessive algae in stream or intertidal zone r H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) r I Other: (explain in "Notes/Sketch" section) r J Little to no stressors 8. Recent Weather — watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. r A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ( B Drought conditions and rainfall exceeding 1 inch within the last 48 hours (i C No drought conditions Large or Dangerous Stream — assessment reach metric (` Yes (a No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types —assessment reach metric 10a. r Yes (@— No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) r A Multiple aquatic macrophytes and aquatic mosses m w r F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) H m F_ G Submerged aquatic vegetation r4_0 B Multiple sticks and/or leaf packs and/or emergent o in r H Low -tide refugia (pools) vegetation r c r l Sand bottom r C Multiple snags and logs (including lap trees) rM r J 5% vertical bank along the marsh D 5% undercut banks and/or root mats and/or roots O r K Little or no habitat in banks extend to the normal wetted perimeter r E Little or no habitat REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS Bedform and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. r Yes w No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). r A Riffle -run section (evaluate 11c) r B Pool -glide section (evaluate 11d) r C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) _ absent, Rare (R) = present buts 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P Bedrock/saprolite Boulder (256 — 4096 mm) r r r: r r Cobble (64 — 256 mm) r r r: r r Gravel (2 — 64 mm) r r r. r r Sand (.062 — 2 mm) r r r. r r Silt/clay (< 0.062 mm) r Detritus r Artificial (rip -rap, concrete, etc.) 11d. (` Yes (i No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. r Yes (i No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. r No Water (i Other: 12b. r Yes r No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams. r r Adult frogs r r Aquatic reptiles r r Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) r r Beetles (including water pennies) r r Caddisfly larvae (Trichoptera [T]) r r Asian clam (Corbicula ) r r Crustacean (isopod/am ph ipod/crayfish/sh rim p) r r Damselfly and dragonfly larvae r r Dipterans (true flies) r r Mayfly larvae (Ephemeroptera [E]) r r Megaloptera (alderfly, fishily, dobsonfly larvae) r r Midges/mosquito larvae r r Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) r r Mussels/Clams (not Corbicula ) r r Other fish r r Salamanders/tadpoles r r Snails r r Stonefly larvae (Plecoptera [P]) r r Tipulid larvae r [— Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB • A i* A Little or no alteration to water storage capacity over a majority of the streamside area B C B Moderate alteration to water storage capacity over a majority of the streamside area C (` C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill, soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ( A ( A Majority of streamside area with depressions able to pond water > 6 inches deep ( B ( B Majority of streamside area with depressions able to pond water 3 to 6 inches deep to- C fi C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB Y (' Y Are wetlands present in the streamside area? • N ta— N 16. Baseflow Contributors — assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. A Streams and/or springs (jurisdictional discharges) F_ B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) rv- C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam) r D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) r E Stream bed or bank soil reduced (dig through deposited sediment if present) r F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) C Urban stream (>> 24% impervious surface for watershed) r D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach r E Assessment reach relocated to valley edge r F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. (i A Stream shading is appropriate for stream category (may include gaps associated with natural processes) B Degraded (example: scattered trees) ( C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB (i A (i A (i A • A > 100-feet wide or extends to the edge of the watershed (' B (` B ( B B From 50 to < 100-feet wide C C—C (' C C From 30 to < 50-feet wide ( D (' D f— D :; D From 10 to < 30-feet wide ( E (' E (` E r E < 10-feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB (a— A (6— A Mature forest ( B ( B Non -mature woody vegetation or modified vegetation structure ( C ( C Herbaceous vegetation with or without a strip of trees < 10 feet wide (' D (' D Maintained shrubs ( E (' E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: F Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ( A (` A (` A (` A {� A (' A Row crops ( B (` B (` B f- B (` B (` B Maintained turf ( C C (` C C (` C (` C Pasture (no livestock)/commercial horticulture C D D (' D (` D C D C D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB �e A • A Medium to high stem density ( B B Low stem density ( C C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB • A • A The total length of buffer breaks is < 25 percent. B B The total length of buffer breaks is between 25 and 50 percent. C C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB A r A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. • B (6— B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. C ( C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity— assessment reach metric (skip for all Coastal Plain streams) 25a. C Yes (i No Was a conductivity measurement recorded? If No, select one of the following reasons. No Water (` Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). (` A <46 (` B 46 to < 67 r C 67 to < 79 (` D 79 to < 230 (` E >> 230 Notes/Sketch: channel is located above the pond limits, and is severely impacted by beaver Stream Site Name Cliffside IP Stream Category Pb2 NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Date of Evaluation 22 June 2023 Assessor Name/Organization J.Gay/WSP Notes of Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) YES Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial Function Class Rating Summary USACE/ NCDWR All Streams Intermittent (1) Hydrology MEDIUM (2) Baseflow HIGH (2) Flood Flow MEDIUM (3) Streamside Area Attenuation MEDIUM (4) Floodplain Access MEDIUM (4) Wooded Riparian Buffer MEDIUM (4) Microtopography NA (3) Stream Stability MEDIUM (4) Channel Stability HIGH (4) Sediment Transport LOW (4) Stream Geomorphology MEDIUM (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality HIGH (2) Baseflow HIGH (2) Streamside Area Vegetation HIGH (3) Upland Pollutant Filtration HIGH (3) Thermoregulation HIGH (2) Indicators of Stressors NO (2) Aquatic Life Tolerance HIGH (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In -stream Habitat LOW (3) Baseflow HIGH (3) Substrate LOW (3) Stream Stability MEDIUM (3) In -stream Habitat MEDIUM (2) Stream -side Habitat HIGH (3) Stream -side Habitat HIGH (3) Thermoregulation HIGH (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone Habitat NA Overall MEDIUM Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Appendix & PLAN VIEW AND CROSS-SECTION DRAWINGS Q V. a O O r O oq w a LU a a W--... W 0. N Q lo w l \ O U Z LLp Q LU W �,y L o l01 614 c I�q v v A` �I evwv01,y � ``� � \\g. �IIIIIIiIIIry�III�IIIIIN�\ lllli�ll�� � � ll�ll�l,d �v1 v✓��4 IIIIIIAi�l�llp�ll/— '�'is/tl I \ 11111iljlll pll0 �lilllllldl�\ vl��ulw�✓/p _ u iipl ,, w z Q a w 0 0 0 J z Z Ll o 0 w U o O O ry a W m > z O (n U) U) C) / + J w z U o W a O Ir a i� os sz o sz m Duke Energy Rogers Energy Complex — Cliffside Steam Station Unit 5 Inactive Ash Basin Dam Decommissioning Project Environmental Report — Joint Section 404/401 Individual Permit Application Appendix C. NCNHP AND USFWS DATABASE QUERY RESULTS United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 e x hSai k 4YYFJiYJft +cfln7i� i� In Reply Refer To: June 02, 2023 Project Code: 2023-0088897 Project Name: Cliff side Steam Station - U5IAB Dam Decommissioning Project 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 designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed 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.). Please note that new species information can change your official species list. 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. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species 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 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be 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)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 06/02/2023 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines 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. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, 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 Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 06/02/2023 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 06/02/2023 PROJECT SUMMARY Project Code: 2023-0088897 Project Name: Cliffside Steam Station - U5IAB Dam Decommissioning Project Project Type: Power Gen - Other Project Description: Decommissioning of the Unit 5 Inactive Ash Basin at the Cliff side Steam Station. Project Location: The approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/@35.2135584,-81.77047338157189,14z . Ra Counties: Cleveland and Rutherford counties, North Carolina 06/02/2023 ENDANGERED SPECIES ACT SPECIES There is a total of 7 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. MAMMALS NAME STATUS Indiana Bat Myotis sodalis Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5949 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws.gov/ecp/species/10515 REPTILES NAME S TATU S Bog Turtle Glyptemys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https://ecos.fws.gov/ecp/species/6962 INSECTS NAME S TATU S Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 06/02/2023 FLOWERING PLANTS NAME Dwarf -flowered Heartleaf Hexastylis nani flora No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2458 Small Whorled Pogonia Isotria medeoloides Population: No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1890 LICHENS NAME Rock Gnome Lichen Gymnoderma lineare No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3933 4 STATUS Threatened Threatened STATUS Endangered CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 06/02/2023 USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 06/02/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. 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 Treater of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. 06/02/2023 NAME BREEDING SEASON Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 06/02/2023 3 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. R' probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle -- gill 1111111111111111 L — — — — — Al 111111111111 Non -BCC Vulnerable Chimney Swift BCC Rangewide --- — — — - - — — — (CON) Eastern Whip -poor- will --+� ++�' +,++ ,+ BCC Rangewide (CON) Prairie Warbler BCC Rangewide — — — — — — — — — (CON) Red-headed ' +1111 IF Woodpecker — — — — -- ++�� ++ � ++ BCC Rangewide (CON) Rusty Blackbird '--' A— ++-- ++++ ++—+ BCC-BCR 06/02/2023 4 Wood Thrush--- +­' ' — '- --- --- ---- ---- - - BCC Rangewide (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/avoiding-and-minimizing-incidental-take-miuratorv-birds Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.Ddf 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. 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? 06/02/2023 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). 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. 06/02/2023 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. 06/02/2023 WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER POND • PUBHh • PUSA FRESHWATER EMERGENT WETLAND • PEM1Fh 06/02/2023 IPAC USER CONTACT INFORMATION Agency: WSP Name: Laura Meyer Address: 285 Davidson Avenue Address Line 2: Suite 405 City: Somerset State: NJ Zip: 08873 Email laura.meyer@woodplc.com Phone: 5182251854 Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program June 2, 2023 Julia Tillery Wood Environment & Infrastructure Solutions 4021 Stirrup Creek Dr. ste 100 Durham, NC 27703 RE: Cliffside Steam Station - USIAB Dam Decommissioning Project; 7818230105.07 Dear Julia Tillery: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. 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PHOTOGRAPHIC LOG Photographic Log Cliffside USIAB Dam Decommissioning Project July 72, 2023 Project No.7878230705 Rutherford and Cleveland Counties, NC n Client: Duke Energy Site: Site: Cliffside Steam �> a" Station - =m _ .fk , Unit 5 Inactive Ash °',� Basin Dam Decommissioning Project t Project #: 7818230105 '� ,»., „Y''-^ L Description: Wetland C, as facing _71117, 777s ,,,a east from the western side of the wetland. Photograph taken on June 22, 2023. Photo:1 Client: Duke Energy - 4. Site: y }. Cliffside Steam Station - " Unit 5 Inactive Ash Basin Dam Decommissioning Project "F _ t: b Project #: ram:" 7818230105 Description: Wetland C, as facing south from the western side of the wetland. Photograph taken on June 22, 2023. Photo: 2 Prepared By: JDC Checked By: PM Page7of5 Photographic Log Cliffside USIAB Dam Decommissioning Project July 72, 2023 Project No.7878230705 Rutherford and Cleveland Counties, NC Prepared By: JDC Checked By: PF Client: Duke Energy Site: Cliffside Steam Station - Unit 5 Inactive Ash Basin Dam Decommissioning Project Project #: 7818230105 Description: Stream 7, as facing downstream. Photograph taken on June 22, 2023. Photo: 3 Client: Duke Energy Site: Cliffside Steam Station - Unit 5 Inactive Ash Basin Dam Decommissioning Project Project #: 7818230105 Description: Stream 8, with portion of reach impacted by beaver. Photograph taken on June 22, 2023. Photo: 4 Page 2 of 5 Photographic Log Cliffside USIAB Dam Decommissioning Project July 72, 2023 Project No.7878230705 Rutherford and Cleveland Counties, NC Prepared By: JDC Checked By: PF Client: Duke Energy Site: Cliffside Steam Station - Unit 5 Inactive Ash Basin Dam Decommissioning Project Project #: 7818230105 Description: Broad River, as facing north from southern riverbank. Photograph taken on June 22, 2023. Photo: 5 Client: Duke Energy Site: Cliffside Steam Station - Unit 5 Inactive Ash Basin Dam Decommissioning Project Project #: 7818230105 Description: Upland forest habitat, near the Broad River. Photograph taken on June 22, 2023. Photo: 6 Page 3 of 5 Photographic Log Cliffside USIAB Dam Decommissioning Project July 72, 2023 Project No.7878230705 Rutherford and Cleveland Counties, NC Prepared By: JDC Checked By: PF Client: Duke Energy Site: Cliffside Steam Station - Unit 5 Inactive Ash Basin Dam Decommissioning Project Project #: 7818230105 Description: Upland forest habitat, near the Broad River. Photograph taken on June 22, 2023. Photo: 7 Client: Duke Energy Site: Cliffside Steam Station - Unit 5 Inactive Ash Basin Dam Decommissioning Project Project #: 7818230105 Description: Forest habitat along southern bank of Broad River. Photograph taken on June 22, 2023. Photo: 8 Page 4 of 5 Photographic Log Cliffside USIAB Dam Decommissioning Project July 72, 2023 Project No.7878230705 Rutherford and Cleveland Counties, NC Prepared By: JDC Checked By: PF Client: Duke Energy Site: Cliffside Steam Station - Unit 5 Inactive Ash Basin Dam Decommissioning Project Project #: 7818230105 Description: Gravel access road within Dam Decommissioning project area. Photograph taken on June 22, 2023. Photo: 9 Client: Duke Energy Site: Cliffside Steam Station - Unit 5 Inactive Ash Basin Dam Decommissioning Project Project #: 7818230105 Description: Upland forest habitat, with USIAB Main Dam in the background. Photograph taken on June 22, 2023. Photo:10 Page 5 of 5