HomeMy WebLinkAbout20231294 Ver 1_PCN for M-241_20230915Dominion Energy Services, Inc. � Dominion
800 Gaston Road Gastonia, North Carolina 28056 - E neryM V
Dominion Energy.com � V l
September 15, 2023
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Attention: Mitchell Anderson
North Carolina Division of Water Resources
2090 U.S. 70 Highway
Swannanoa, NC 28778-8211
Attention: Mr. Joey Wilson
RE: Pre -Construction Notification for Authorization Under NWP No. 12
Dominion Energy North Carolina Line M-241 Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
Dear Mr. Anderson and Mr. Wilson,
In accordance with the Pre -Construction Notification (PCN) requirements, Dominion Energy North
Carolina (DENC) is submitting the enclosed support materials pursuant to issuance of the aforementioned
NWP authorization.
The purpose of the project is to address a natural gas transmission line exposure near the Town of Old
Fort in McDowell County, North Carolina. The segment of exposed pipe is located in DENC's existing 50-
foot wide easement near McCoy Road (SR-1230). A segment of Cane Creek that has meandered across
the easement exposed a section of the buried pipe. The existing pipeline crosses beneath the creek at
multiple locations and is susceptible to additional exposures. To avoid continued exposure and erosional
issues associated with the creek, DENC has determined that this section of pipe should be removed from
service, the existing easement returned to the owner, and a new pipe routed around the area within which
the stream has meandered. A new 50-foot-wide easement sited farther away from the creek has been
acquired for the re-routed for installation of the new segment of pipe.
The project as proposed will require authorization from the U.S. Army Corps of Engineers (USACE) and
the North Carolina Division of Water Resources (NCDWR) under Nationwide Permit (NWP) No. 12 (Oil
and Gas Utility Line Activities) and General Water Quality Certification (WQC) Nos. (GC) 4244,
respectively.
1 of 2
Dominion Energy Services, Inc. P.O0 Dominion
800 Gaston Road Gastonia, North Carolina 28056 po Dominion Energy.com � nGr gy
If you have any questions, or require additional information, please contact Robert Lepsic, PWS by email
at robert.lepsic@dominionenerciy.com or by phone at (919) 810-7883, at your convenience.
Sincerely,
Bob Lepsic, PWS
Environmental Specialist
CC: Bryan Gomez (DENC)
Joey Lawler, PWS (S&ME)
2of2
=0
September 15, 2023
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Attention: Mitchell Anderson
North Carolina Division of Water Resources
2090 U.S. 70 Highway
Swannanoa, NC 28778-8211
Attention: Mr. Joey Wilson
Reference: Pre -Construction Notification
Dominion Energy North Carolina Line M-241 Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
Dear Mr. Anderson and Mr. Wilson,
On behalf of Dominion Energy North Carolina (DENC), S&ME, Inc. (S&ME) is submitting this pre -
construction notification (PCN) to inform you of work they plan to conduct in connection with
replacement of an exposed segment of their Line M-241 natural gas pipeline. The project as proposed will
require authorization from the U.S. Army Corps of Engineers (USACE) and the North Carolina Division of
Water Resources (NCDWR). The applicable authorization is Nationwide Permit (NWP) No. 12 (Oil and Gas
Utility Line Activities), which corresponds to Water Quality Certification (WQC) General Certification (GC)
No. 4244.
In support of this PCN, the following accompanying information has been submitted through the NCDWR
electronic PCN website (https:Hedocs.deq.nc.gov/Forms/Pre-Construction Notification Form):
Figures
Appendix I — Delineation Concurrence Information and Agent Authorization Form
Appendix II — Site Photographs
Appendix III — Construction Drawings
Appendix IV — North Carolina Natural Heritage Program (NCNHP) and U.S. Fish and Wildlife Service
(USFWS) Information for Planning and Consultation (IPaC) Reports
Appendix V — Restoration Plan
Mitigation Credit Availability Letter
Please note that this PCN is being submitted to NCDWR in part because DENC is requesting a waiver of
General Condition 4, which states that permanent maintenance corridors across wetlands and stream
channels shall not exceed 30 feet in width. Because DENC is proposing to install a lower water equipment
crossing within the easement adjacent to the proposed pipeline, maintenance of the full 50-foot
S&ME, Inc. 12016 Ayrsley Town Blvd., Suite 2-A I Charlotte, NC 28273 1 p 704.523.4726 If 704.525.3953 1 www.smeinc.com
Pre -Construction Notification
DENC Line M-241 Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
easement at this location is required. The width of the maintenance corridor will be limited to 30 feet at
the proposed wetland crossing. Additional information regarding the purpose and need of the proposed
pipeline relocation and low water equipment crossing are provided in subsequent sections of this cover
letter.
General Project Information
The purpose of the project is to address a natural gas transmission line exposure near the Town of Old
Fort in McDowell County, North Carolina. The segment of exposed pipe is located in DENC's existing 50-
foot wide easement near McCoy Road (SR-1230). A segment of Cane Creek that has meandered across
the easement exposed a section of the buried pipe. Cane Creek is classified as a Trout Water by the North
Carolina Department of Environmental Quality (NCDEQ). The existing pipeline crosses beneath the creek
at multiple locations and is susceptible to additional exposures. To avoid continued exposure and
erosional issues associated with the creek, DENC has determined that this section of pipe should be
removed from service, the existing easement returned to the owner, and a new pipe routed around the
area within which the stream has meandered. A new 50-foot-wide easement sited farther away from the
creek has been acquired for the re-routed for installation of the new segment of pipe.
The general location of the review area is depicted on the attached Site Vicinity Exhibit (Figure 1). The
review area is located in the Mackey Creek -Catawba River sub -watershed (HUC 030501010105) of the
Catawba River Basin. Review of the Old Fort, NC USGS Topographic Map (Figure 2) depicts Cane Creek
within the review area as a blue line stream with somewhat forested areas present along its banks. The
stream flows to the northeast. The USGS National Hydrography Dataset (NHD) for flowlines and
waterbodies also depicts Cane Creek and two waterbodies in the vicinity of the project area, which is
consistent with the USGS topographic mapping.
Soils mapped within the review area are depicted on the Natural Resources Conservation Service (NRCS)
Soils Exhibit (Figure 3) and include Braddock clay loam, 6 to 15 percent slopes, eroded (BrC2), Evard-
Cowee complex, 25 to 60 percent slopes (EwE), lotla sandy loam, 0 to 2 percent slopes, occasionally
flooded (IoA). With the exception of lotla sandy loam, which is considered partially hydric, the other soil
types are not considered hydric.
The existing easement is regularly -maintained and vegetated with herbaceous and volunteer
groundcover. The area through which the new easement will travel is wooded. The vicinity consists of
forested areas, fields and scattered residential development.
Jurisdictional Areas
Cane Creek (S1) and two other streams (S2 and S3) located within the review area were delineated by a
S&ME Natural Resources Professional (Joey Lawler, PWS) on September 15, 2022. Cane Creek (NCDWR
Index No. 11-4; Class C/Tr) drains northeast and exhibits perennial flow. Within the easement, the width of
Cane Creek ranges from approximately 12 to 26 feet with eroded, nearly vertical banks that are
approximately five feet in height. A beaver dam was observed downstream and just outside of the existing
easement. S2 is located within the existing easement northeast of the relocation area and is an unnamed
Pre -Construction Notification
DENC Line M-241 Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
tributary to Cane Creek. S3 is an intermittent tributary to Cane Creek located near the southern boundary
of the review area.
S&ME also assessed the remaining review area (Figure 4) for the presence of wetlands, streams, or
additional waterbodies. Three wetland areas (W1-W3) were identified. The larger wetland (W2) occupies
the central and eastern portions of the review area. Two smaller, forested wetlands (W1 and W3) were also
identified within the review area but will not be affected by construction.
Information relative to a Delineation Concurrence is included in Appendix I and representative
photographs of the site are included in Appendix II.
Description of the Work
The relocated pipe segment will be installed within a new 50-foot ROW, a majority of which will be
permanently maintained. Additional temporary workspace adjacent to the new permanent easement will
be required near the southern tie-in point, as shown on the construction drawings in Appendix III. The
existing 50-foot ROW where the pipe will be removed, along with all adjacent temporary workspace, will
be returned to the property owner and will no longer be maintained by DENC following construction. The
property owner may continue to maintain it.
The relocated easement and pipe installation will result in minor stream and wetland impacts. S1 will be
temporarily affected by installation of the new pipe. A low-water crossing will also be installed at this
location to accommodate maintenance equipment access in the future, which would otherwise be
inaccessible due to the location of S1 and S2. The low water crossing will result in 20 linear feet of
permanent impact to S1.
The new easement will also impact W2. To minimize impacts, no temporary workspace was acquired at
the proposed wetland crossing. Further, only 30 feet of the 50-foot wide easement located in wetlands
will be permanently maintained. Although no loss of waters will occur, the new easement will convert
0.136 acre of forested wetlands to herbaceous wetlands.
Construction of the new pipeline will first involve demarcation of the limits of disturbance (LOD),
jurisdictional boundaries, other associated workspaces, etc. Once the LOD has been demarcated, clearing
of forested areas will commence. Temporary equipment crossings will be installed across S1 and S2
(access only) and along one side of the ROW within W2 to facilitate logging equipment passage, timber
removal, and prevent excessive rutting and ground disturbance in the wetlands. Where necessary, low
areas and environmental resources will be protected by use of temporary measures such as staked
waddles, compost filter socks, or other less -invasive siltation barriers that can temporarily be installed
during this phase of the project. Installation of silt fence, silt fence outlets, and other measures requiring
ground disturbance will occur following removal of timber and will proceed in conjunction with grading
operations.
Following preparation of the work area and installation of necessary E&SC measures, the gasline trench
will be excavated along the "non -working" side of the ROW. Subsurface disturbance will only be
conducted within the trench line at the wetland and stream crossings. Stump removal or light grading
may occur on the working side of the ROW if required for safety reasons. Grubbing and below -ground
vegetation removal will be minimized within W2 and along streambanks of S1, where it will be limited to
3
Pre -Construction Notification
DENC Line M-241 Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
the trench line and portions of travel lane, if necessary, for safety reasons. Select portions of the ROW may
require rough grading to facilitate safe passage of equipment and to prepare a suitably -level work
surface. Within W2 where extensive rutting or soil disturbance may occur, timber or composite mats are
planned for use to provide work and travel space for equipment.
In the wetland area, topsoil will be segregated from the subsoil. If necessary, trench breakers (barriers
generally constructed of sandbags or similarly suitable material) will be installed within the trench to slow
the flow of subsurface water.
In general, lengths of the new pipe will be trucked to the site from a temporary storage yard, strung along
the ROW, and placed on skids (wooden pedestals). Specialized machines will be used to bend individual
segments of pipe to fit the contours of the trench where necessary. The pipe segments will be welded
together, x-rayed, the structural integrity and surface coating inspected, and then lowered into the trench.
Instream work will be conducted "in the dry" by construction of a clean -water bypass using coffer dams
and pumping. Portions of the trench may require dewatering or "padding" to prevent large rocks or other
debris from coming in contact with the pipe. Permanent trench breakers will then be installed where
necessary and the trench backfilled. In areas where segregation of the subsoil and topsoil is required, the
topsoil will be replaced last. Affected areas will then be "cleaned up" by rough -grading and conducting
temporary seeding, followed by final grading, permanent seeding, and mulching to restore the ROW as
closely as possible to pre -disturbance contours and conditions. Following installation of the replacement
pipeline, the exposed pipeline segment will also be removed, and the streambed will be restored. DENC
also plans to appropriately grade and stabilize the eroded streambanks in the existing easement following
installation of the new pipe section.
All work within wetlands and streams will be conducted in accordance with the applicable general
conditions of the permits. Best management practices (BMPs) will be employed at all stream and wetland
crossings to help prevent siltation or inadvertent discharges to a Water of the U.S.
Temporarily affected streambanks and wetland areas will be restored to the approximate pre -disturbance
contours and conditions, seeded with a customized riparian seed mix, live stake plantings, and stabilized
with coir matting. A summary of impacts is provided in Table 1.
4
Pre -Construction Notification
DENC Line M-241 Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
Table 1: Summary of Impacts
Stream ID
Temporary
Permanent
Linear Feet (LF)
Acres
LF
Acres
Cane Creek (S1)
316.2
0.061
20.0
.009
S2
53
0.009
0
0
S3
0
0
0
0
Total:
369.2
0.070
20.0
.009
Wetland ID
Temporary (Acres)
Permanent (Acres)
W 1
0.00
0.00
W2
0.00
0.00
W3
Total:
0.213
0.213
0.136
0.136
Because Cane Creek is classified as a trout stream, consultation with the Asheville Office of the NCDEQ
occurred to determine the appropriate requirements to conduct the work within the trout buffer.
Requirements for work being conducted within the trout buffer include work must take place during
low -flow conditions. No work within the 25-foot trout buffer during wet weather or periods of predicted
wet weather conditions. No fertilizers are to be used in areas within the 25-foot trout buffer. All work
within the 25-foot trout buffer must be stabilized at the end of each workday. Coir matting on streambanks
and areas within the 25-foot trout buffer within the LOD, except for the travel lane.
The combined workspace and access from McCoy Road will exceed 1.0 acre of land disturbance.
Therefore, submittal of an Erosion and Sediment Control (E&SC) Plan to the NCDEQ Land Quality Section
for approval will be required.
Based on the proposed pipeline alignment, the FEMA-designated flood plain/floodway associated with
Cane Creek will be encroached upon by the project. Therefore, a Floodplain Development Permit will be
required by McDowell County. The floodplain impacts should not result in a rise of the base flood
elevation, provided that permanent fill is not placed in the floodplain.
Protected Species
To assist with determining compliance with applicable sections of the Endangered Species Act (ESA) of
1973 (16 USC 1531-1543), S&ME submitted a request for information to the NCNHP. The NCNHP
responded with a report dated September 19, 2022 that lists element occurrences, natural areas, and
managed areas within the project area and within a one -mile radius of the project area. The report
identified no occurrences of federally protected species, natural areas, or managed areas within the
project area. The report did not identify occurrences of federally protected species, natural areas, or
managed areas within a one -mile radius of the project area either.
S&ME also consulted the USFWS IPaC system for an updated list of species that are known or expected to
be near the assessment area. The USFWS IPaC report identified the species listed in Table 2 as having
potential for direct or indirect affected by activities in the assessment area.
Pre -Construction Notification
=a
Table 2: Federally Listed Species Summary
DENC Line M-241 Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
ommon Name
;AL:�
Gray Bat
Scientific Name
Myotis grisescens
ederal Status
1 11
E
Habitat
Present?
No
Northern Long-eared Bat
Myotis septentrionalis
T
Yes
Tricolored Bat
Perimyotis subflavus
PE
Yes
Bog Turtle
Clemmys muhlenbergii
S/A (T)
No
Monarch Butterfly
Danaus plexippus
C
N/A
Small Whorled Pogonia
Isotria medeoloides
T
No
Bald Eagle
Haliaeetus leucocephalus
BGEPA
No
BGEPA = Bald and Golden Eagle Protection Act; C = Candidate; E = Endangered; PE = Proposed Endangered; T = Threatened; S/A (T)
= Similarity of Appearance (Threatened)
Descriptions of the relevant species taken from USFWS sources are provided below.
Gray Bat
Status: Endangered
Biological Determination: No Effect
The gray bat (Myotis grisescens) is a medium sized insectivorous bat with an overall length of about 3.5
inches and a wingspan between 10 to 11 inches. Gray bats have gray fur, but the fur often bleaches to
reddish -brown by early summer. The gray bat occurs in limestone karst areas, meaning a landscape
marked by caves, sinkholes, springs and other features, of the southeastern and midwestern United States.
It is estimated that more than 95% of the species range -wide population hibernate in only 15 caves.
Gray bats occupy caves or cave -like structures year-round. While gray bats prefer caves, summer colonies
have been documented using dams, mines, quarries, concrete box culverts and the undersides of bridges.
Summer caves must be warm or have restricted rooms that can trap the body heat of clustered bats.
Winter hibernation sites are often deep vertical caves that trap large volumes of cold air, these caves are
naturally very rare. Males and females typically hibernate together; however, because of the limited
number of suitable caves, gray bats may migrate as many as 500 miles between summer and winter caves.
However, based on band recovery data and the distribution of hibernacula and summer colonies across
the range, most gray bats are considered regional migrants with migrations shorter than 200 miles.
The project as proposed will have no effect on the gray bat because the project site does not contain
suitable habitat for this species.
Pre -Construction Notification
DENC Line M-241 Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
Northern Long-eared Bat
Status: Threatened
Biological Determination: May Affect Not Likely to Adversely Affect
The northern long-eared bat (Myotis septentrionalis) is a medium-sized bat about three to 3.7 inches in
length but with a wingspan of 9 to 10 inches. This bat generally is associated with old -growth forests
composed of trees 100 years old or older. It relies on intact interior forest habitat, with low edge -to -
interior ratios. Relevant late -successional forest features include a high percentage of old trees, uneven
forest structure (resulting in multilayered vertical structure), single and multiple tree -fall gaps, standing
snags, and woody debris.
Foraging occurs within forests, along forest edges, over forest clearings, and occasionally over ponds.
Eleven individuals (10 males, 1 female) tagged with chemical lights observed during the summer in
Missouri, foraged almost exclusively among the trees of hillside and ridge forests, rather than utilizing
floodplain and riparian forests; frequently foraging occurred within one to three meters of the ground.
Foraging bats doubled back frequently and only slowly moved out of the observation area. In Iowa,
females were found primarily foraging in mature deciduous uplands with adjacent deep ravines and in a
disturbed riparian area with an adjacent floodplain and agricultural lands.
Hibernation occurs primarily in caves, mines, and tunnels, typically those with large passages and
entrances, relatively constant and cool temperatures, high humidity, and no air currents. Hibernators
frequently roost in crevices, drill holes, and similar sites where they may be overlooked during surveys but
roosting in the open is not uncommon. A lack of suitable hibernacula may prevent occupancy of areas
that otherwise have adequate habitat.
With respect to northern long-eared bat, it is our opinion that the project may affect but is not likely to
adversely affect this species for the following reasons:
Although limited tree clearing for implementation of the proposed project will occur, it will be
scheduled to take place during the inactive season (October 16-March 31);
We are aware of no records of northern long-eared bat in the vicinity of the project area.
Ample forested areas are located in the greater vicinity.
DENC also proposes the following mitigative measures:
Clearing will be scheduled to take place during the inactive season (October 16-March 31);
In the event that any tree would need to be conducted within the active season, and following further
USFWS consultation, a qualified biologist will evaluate trees with a diameter at breast height (DBH) of
3 inches or greater for potential bat roosting habitat prior to removal. An emergence survey will be
conducted in accordance with USFWS Emergence Protocol for such trees which are determined to
contain potential roosting habitat. If bats are observed during the emergence survey, DENC will
coordinate with the USFWS prior to removal of the tree. If no bats are observed during the
emergence survey, the surveyed tree will be felled immediately.
Pre -Construction Notification
!
I I �
Tricolored Bat
DENC Line M-241 Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
Status: Proposed Endangered
Biological Determination: May Affect, Not Likely to Adversely Affect
The tricolored bat is small, varying from 2.8 to 3.4 inches long with a wingspan of 8 to 10 inches. It is
distinguished by its unique tricolored fur which often appears yellowish to nearly orange. The species
range stretches from the eastern and central United States north to southern Canada, and south into
Central America. This species overwinters in caves and abandoned mine shafts but is known to frequently
roost in road -associated culverts in the southern United States where caves are scarce.
During the spring, summer, and fall - collectively referred to as the non -hibernating seasons - tricolored
bats primarily roost among live and dead leaf clusters of live or recently dead deciduous hardwood trees.
In the southern and northern portions of the range, tricolored bats will also roost in Spanish moss
(Ti((andsia usneoides) and Usnea trichodea lichen, respectively. In addition, tricolored bats have been
observed roosting during summer among pine needles, eastern red cedar (Juniperus virginiana), within
artificial roosts like barns, beneath porch roofs, bridges, concrete bunkers, and rarely within caves. Female
tricolored bats exhibit high site fidelity, returning year after year to the same summer roosting locations.
Female tricolored bats form maternity colonies and switch roost trees regularly, while males roost
singularly.
Riparian areas and roost habitat with a closed canopy has been shown to be preferred by tricolored bat.
The species tends to avoid deep woods or open field habitat. Foraging is often done over water bodies
such as rivers or lakes where insect populations are typically highest.
Wooded portions of the assessment area exhibited suitable habitat for tricolored bat. Note, however, that
this species is listed as Proposed Endangered, and is not currently subject to Section 7 consultation.
Although, this species may be up -listed as early as September 2023.
With respect to tricolored bat, it is our opinion that the project may affect but is not likely to adversely
affect this species for the following reasons:
Although limited tree clearing for implementation of the proposed project will occur, it will be
scheduled to take place during the inactive season(October 16-March 31);
We are aware of no records of tricolored bat in the vicinity of the project area.
Ample forested areas are located in the greater vicinity.
Given that tree clearing associated with the project may not occur until after tricolored bat is listed, DENC
proposes the following mitigative measures:
Tree clearing will be scheduled for the inactive season (October 16-March 31);
In the event that any tree would need to be conducted within the active season, and following further
USFWS consultation, a qualified biologist will evaluate trees with a diameter at breast height (DBH) of
3 inches or greater for potential bat roosting habitat prior to removal. An emergence survey will be
conducted in accordance with USFWS Emergence Protocol for such trees which are determined to
contain potential roosting habitat. If bats are observed during the emergence survey, DENC will
coordinate with the USFWS prior to removal of the tree. If no bats are observed during the
emergence survey, the surveyed tree will be felled immediately.
Pre -Construction Notification
ANEW
Bog Turtle
Status: Threatened (Similarity of Appearance)
Biological Determination: No Effect
DENC Line M-241 Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
The bog turtle (Clemmys muhlenbergii) is the smallest turtle inhabiting North America. Its length typically
does not exceed three to four inches and its weight is usually around four ounces. On its neck there is a
orange/yellow patch coloration found which helps distinguish it from other turtles. This species emerges
from its hibernation in early to mid -April and begin mating as early as May. A female typically lays a clutch
of one to six small, white, elliptical eggs in a shallow nest of sphagnum moss or tuft of grass above the
water line. After seven to eight weeks, the hatchlings emerge. Hatchlings often spend their first year near
the nest.
Bog turtles live in the mud, grass and sphagnum moss of bogs, swamps, and marshy meadows. These
wetlands are usually fed by cool springs flowing slowly over the land, creating the wet, muddy soil needed
by the turtles.
The project as proposed will have no effect on bog turtles because the project site does not exhibit
spring -driven wetlands.
Monarch Butterfly
Status: Candidate
Biological Determination: No Effect
The monarch butterfly (Danaus plexippus) is reddish/orange in color with black vein like markings. It has a
black border around its wings with white spots. In the spring and summer, the monarch butterfly's primary
habitat is open field and meadows containing milkweed. In the winter it can be found on the coast of
southern California as well as high altitudes of central Mexico.
The project as proposed will have no effect on the monarch butterfly because the project site does not
contain suitable habitat for this species.
Small Whorled Pogonia
Status: Threatened
Biological Determination: No Effect
The small whorled pogonia (Isotria medeoloides) is a perennial member of the orchid family. It produces a
smooth, hollow stem that ranges from 2 to 14 inches in height. It is typically topped by five or six leaves in
a circular arrangement (false whorl). One or two flowers stand in the center of the whorl of leaves. The
leaves are milky -green or grayish -green and the flower is yellowish -green with a greenish -white lip.
Flowering buds emerge from the leaf litter in May and bloom in June.
The small whorled pogonia grows in a variety of upland, mid -successional, wooded habitats usually of
older hardwood and mixed wood stands of beech, birch, maple, oak, and white pine. Its typically found in
proximity to features that create long -persisting breaks in the forest canopy where the tree canopy is
relatively open. The small whorled pogonia also prefers acidic soils with a thick layer of dead leaves and
sparse to moderate ground cover. It is often observed on slopes near small streams.
Pre -Construction Notification
DENC Line M-241 Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
The project as proposed will have no effect on the small whorled pogonia because the project site does
not contain suitable habitat for this species.
Bald Eagle
Status: Federally Protected Under the Bald and Golden Eagle Protection Act
Biological Determination: No Effect
The bald eagle is distinguished by a white head and white tail feathers. Bald eagles are powerful, brown
birds that may weigh fourteen pounds and have a wingspan of eight feet. Male eagles are smaller than
female eagles, weighing as much as ten pounds and have a wingspan of six feet. Sometimes confused
with golden eagles, bald eagles are mostly dark brown until they are four to five years old and acquire
their characteristic coloring.
This large raptor has characteristic adult plumage consisting of a white head and tail with a dark brown
body. Juvenile eagles are completely dark brown and do not fully develop the majestic white head and tail
until the fifth or sixth year. Adults average about three feet from head to tail, weigh approximately 10 to
12 pounds and have a wingspread that can reach seven feet. Generally, female bald eagles are larger than
the males. The typical nest is constructed of large sticks and is lined with soft materials such as pine
needles and grasses. The nests are very large, measuring up to six feet across and weighing hundreds of
pounds. Nesting and feeding sites are generally in the vicinity of large bodies of open water (coastlines,
rivers, large lakes).
According to the USFWS, bald eagles typically breed and winter in forested areas adjacent to large bodies
of water. They select large, super -canopy roost trees that are open and accessible. Nests are usually
constructed below the crown of a tree, often the highest point where large branchesjoin the bole of the
tree. Bald eagles breed throughout much of Canada and Alaska, in addition to scattered sites across the
lower 48 states, from California to the southeastern U.S. coast and Florida. Wintering covers most of the
contiguous U.S., with some year-round distribution in the northwest. Northern birds return to breeding
grounds as soon as weather and food availability permit, generally between January and March. Within 50
miles north of the southerly international boundary between Arizona and Mexico, bald eagles may be
found along rivers and lakes as winter residents or migrants. The bald eagle typically nests in mature trees
near fresh to intermediate marsh or open water habitat.
There are no coastlines or large lakes considered suitable habitat for the bald eagle on or immediately
adjacent to the project area. Even ponds observed in the vicinity of the project area are also not large
enough to support the bald eagle. The project as proposed will have no effect on the bald eagle because
the project site does not contain suitable habitat for this species.
Copies of the NCNHP and USFWS IPaC reports are included in Appendix IV.
Historic and Archaeological Resources
In September 2022, a background literature review and records search were conducted at the North
Carolina Office of State Archaeology (OSA) and at the State Historic Preservation Office (SHPO). The
records examined at SHPO included a review of National Register and survey files for properties listed in
or eligible for inclusion in the National Register and an examination of HPOWEB, a GIS-based program
10
Pre -Construction Notification
DENC Line M-241 Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
containing information about aboveground historic resources in North Carolina. Records examined at
OSA included master archaeological site maps, state archaeological site files, and associated
archaeological reports. The area examined was a one -mile radius around the project corridor (Figure 5).
A review indicated there are three previously recorded archaeological sites, one survey only resource, and
two previously conducted cultural resource surveys within a one -mile radius of the project corridor
(Figure 5). There are no cultural resources within or directly adjacent to the current project corridor and
the previously completed surveys do not cover a portion of the project corridor.
Although the project corridor has not been previously surveyed, the project corridor contains poorly
drained soils and steep slopes. In terms of archaeology, an area containing poorly drained soils and steep
slopes is a low probability area for containing significant archaeological sites. In terms of architecture,
there are no historic properties within a one -mile radius of the project corridor. Accordingly, it is the
opinion of S&ME that no additional cultural resource work would be necessary for the project as it is
currently proposed.
Avoidance and Minimization
To minimize impacts to Waters of the U.S., DENC has proposed to limit the space for the project to the
existing easement and eliminate temporary workspace at the wetland crossing. Additionally, construction
equipment operating near the stream and within the wetland will be limited to that necessary for pipe
replacement and streambank stabilization activities. DENC will conduct a pre -construction meeting with
relevant company and contractor personnel, and a qualified DENC Environmental Inspector will also be
present on -site during performance of the instream work.
The project has been designed to incorporate appropriate erosion and sediment control practices
outlined in the most recent version of the "North Carolina Erosion and Sedimentation Control Planning
and Design Manual" and approved by the North Carolina Department of Environment and Natural
Resources (NCDENR) prior to construction.
Restoration activities following construction are described on the construction drawings and associated
details and are also summarized in the Restoration Plan (Appendix V).
As proposed, the project will comply with applicable conditions of the aforementioned NWP and WQC
GC. Following the repair work, the temporarily -affected banks of S1 and S2 will be restored in accordance
with the accompanying construction documents.
Because the project will not result in permanent stream impacts of greater than 150 linear feet/0.02 acre,
compensatory mitigation is not required. Because the project will result in 0.13 acre of forested wetland
conversion, DENC proposed to purchase the appropriate amount of mitigation credit (0.13-acre) from the
North Carolina Division of Mitigation Services (NCDMS), as credits from a private bank in the watershed
were not available.
Closing
Thank you for your review of this PCN. Based on our previous communications and understanding of the
appropriate notification requirements, written concurrence from the USACE and NCDWR is required for
11
Pre -Construction Notification
DENC Line M-241 Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
the project. Please feel free to contact us at 704-523-4726 with questions or if you need additional
information.
Sincerely,
S&ME
Rebeckah Sims, PWS Joey Lawler, PWS
Associate Project Manager Senior Consultant
Senior Review by Chris Stahl, P.E., Principal EngineerNice President
Cc: Bryan Gomez (DENC)
Robert Lepsic, PWS (DENC)
Appendices:
Figures
Appendix I — Delineation Concurrence Information and Agent Authorization Form
Appendix 11— Site Photographs
Appendix III — Construction Drawings
Appendix IV — NCNHP and USFWS IPaC Reports
Appendix V — Restoration Plan
Appendix VI — Mitigation Credit Availability Letter
12
Figures
N - •f
N .. ■
a
BN
a + '
y � � - - 4 �, ■ 1307.
o _ _ ` � L �I � � - •^• ram: - '_ r�
44
ile
0wr
21
zh�: i Premeerias J fr- _`,1 .cao
*55
L • n r
n a■ '• � 1
-1`
T
Parka sand
N CdiTWba
River
LEGEND
s
m o 2,000 4,000 • SURVEYED, GONE
(FEET) • PREVIOUSLY RECORDED ARCHAEOLOGICAL SITES
REFERENCE: MARION WEST AND OLD FORT 7.5' TOPOGRAPHIC MAPS PROJECT CORRIDOR
GIS BASE LAYERS WERE OBTAINED FROM HPOWEB ONLINE DATABASE AND
a OSA DATABASE FILES. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. [= ONE MILE SEARCH RADIUS
ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT
0
BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE. ® PREVIOUSLY SURVEYED AREA
SCALE: FIGURE NO.
CULTURAL RESOURCES EXHIBIT 1 " = 2,000 '
L DATE:
Ili E DOMINION ENERGY NORTH CAROLINA 8-28-23 5
M-241 MCCOY ROAD PIPE EXPOSURE PROJECT NUMBER
OLD FORT, MCDOWELL COUNTY, NORTH CAROLINA 22350541
Appendix I
Delineation Concurrence Information and
Agent Authorization Form
urisdictional Determination Reauest
U5 Army Corps
of Engineers
Wilmington Districi
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www. saw.usace. army.mil/Missions/Regulatol yPermitPro i4ram/Contact/CountyLocator. aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: (828) 271-7980
Fax Number: (828) 281-8120
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: (919) 554-4884
Fax Number: (919) 562-0421
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: (910) 251-4610
Fax Number: (252) 975-1399
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: (910) 251-4025
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants, or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: Southwest of McCoy Road
City, State:
Old Fort, North Carolina
County: McDowell County
Parcel Index Number(s) (PIN): 077000066509
B. REQUESTOR INFORMATION
Name: J. Lawler. PWS
Mailing Address: 2016 Ayrsley Town Blvd., Suite 2-A
Telephone Number:
Charlotte, North Carolina 28273
704-523-4726
Electronic Mail Address: jlawler@smeinc.com
Select one:
❑ I am the current property owner.
❑ I am an Authorized Agent or Environmental Consultant'
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: DENC (Easement Only)
Mailing Address: 800 Gaston Road
Gastonia, North Carolina 28056
Telephone Number: 803-201-2539
Electronic Mail Address: robert.lepsic@dominionenergy.com
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2
Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Joey Lawler (See attached Authorized Agent Form)
Print Name
Capacity: ❑ Owner ✓❑ Authorized Agent'
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
❑ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑✓ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a projector perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
Jurisdictional Determination Request
F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One)
7 I am requesting that the Corps provide a preliminM JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area 3.84 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4
Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
35.653249
Longitude: -82.127898
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than I IxI7 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).'
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5
Jurisdictional Determination Request
F4Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDs• please complete an Approved Jurisdictional Determination Form'.
Vicinity Map
Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
0 Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
hJ Other Assessment Forms
' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf
s Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory
authorities referenced above.
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. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: August 25, 2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: J. Lawler, PwS,2016AyrsleyTown Boulevard, Suite 2-A Charlotte,NC28273
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: McDowell City: Old Fort
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.653199 Long.:-82.127913
Universal Transverse Mercator: 17S 3946070.09N 397898.54E
Name of nearest waterbody: Cane Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
S 1
35.653102
-82.128108
596 L F
Non -wetland water
Section 404
S2
35.653851
-82.127167
106 L F
Non -wetland water
Section 404
W 1
35.653656
-82.127634
0.013 AC
wetland water
Section 404
W2
35.652403
-82.128072
1.00 AC
Wetland water
Section 404
S3
35.652258°
-82.127859°
70 LF
Non -wetland water
Section 404
W3
35.652324°
-82.127816°
0.025 AC
wetland water
Section 404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:See attached information provided by S&ME
❑ Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
■❑ U.S. Geological Survey map(s). Cite scale & quad name:
1:24,000 Old Fort, NC 2019
■❑ Natural Resources Conservation Service Soil Survey. Citation: McDowell County, 1995
❑ National wetlands inventory map(s). Cite name: USFWS NWI, 1982
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps: 3710077000J (FIRM 37111 C)
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑ Photographs: ❑ Aerial (Name & Date): 2021 Aerial Imagery (from ESRI)
or ❑ Other (Name & Date): See attached photographs provided by SWE
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.
AGENT AUTHORIZATION FORM
Date: August 2023
Project InTormation
S&ME Project Name: Dominion Energy North Carolina (DENC) Projects
Type of Project: Natural Gas Transmission/Distribution Construction/Maintenance Projects
Location: DENC North Carolina Service Territory
rroperty owner/rcep inrormation
Owner Name: Dominion Energy North Carolina
Mailing Address: 2020 Energy Drive
Apex, North Carolina 27502
Telephone No. 919.810.7883
Contact: Robert Lepsic, PWS
Agent information
Business Name:
Street Address:
City, State, Zip:
Telephone No.
Contact:
S&ME, Inc.
2016 Ayrsley Town Blvd., Suite 2-A
Charlotte, North Carolina 28273
704-523-4726
Joey Lawler, PWS
Authorization: I, _ Robert Lepsic hereby authorize S&ME, Inc. to
submit information to and coordinate with the US Army Corps of Engineers
(USACE) and/or the NC Division of Environmental Quality (NCDEQ) and other
relevant Federal/State/Local agencies pursuant to obtaining necessary
environmental permits for various DENC natural gas -related projects. If
applicable, this also authorizes the USACE/NCDEQ to access DENC
existing/proposed easements for the purposes of conducting site
assessment/confirming the accuracy of delineated boundaries.
Signature: /�6� Z�
S&ME, INC. / 2016 Ayrsley Town Blvd., Suite 2-Alp 704-523-4726f7O4-525-3953/www.smeinc.com
u m N
N Q
R p �
O
Z
UJ
w
UN
y N
❑ O
N
^
O
O
O
O
C
ai
ai
u
C
Q
R
❑
M
O
N
h
O
�
z
R
❑
Q
N
tD
01
m
m
h
�
a
r1
�
rn
m
p
�
�
in
�
r-
N
o
�
m
O
ri
m
t0
O
N
rl
d
In
T
In
l0
h
l0
�
C
o
T
m
lt1
l0
T
D6
T
uD
N
N
N
r-I
�
rl
-
i6
I�
M
m
In
O
N
In
>
N
N
W
vl
O
O
m
n
N
N
u
u
I�
'4
l0
4
t0
'-I
C
i
❑
T
N
O
O
c
o
a
a
o
m
ni
o
rl
rl
rl
rl
rl
N
W
u1
m
tD
N
m
r
m
rl
i
m
m
N
m
0
R
O
O
vt
vl
M
O
r-I
O
N
c 1
N
c7
op
�
u
O
U
It
m
N
m
O
�
�
m
O
r-IN
N
m
t0
o
07
m
LM
�l
M
M
M
M
M
M
R
�.
�
z
r
O
❑
a
cD
N
_
❑
vLn
U
m
Z
m
Q
Q
Lu
0_
�
u1
rl
m0
C
rl
'-I
N
O
[0
O
M
N
Ul
N
N
V
m
O
N
L
N
m
�
O
O
Q N
O
a
m
m o
r. F
Ln
C
R
❑
c
�
c
R
w ¢
O
X
m
- ¢
OO
U
R
w
Q
2
N
N
L
a
•
'N
9
O
11 O
N
O
❑
�
�
j
m 0 N O
(sayDul) IlpJuip\d
WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region
Project/Site: M-214 McCoy Rd Exposure Site City/County: McDowell Sampling Date: 15-Sep-22
Applicant/Owner: DENC State: Sampling Point: yyl
Investigator(s): Joey Lawler, PWS Section, Township, Range: S T R
Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): flat Slope: 0.0% / 0.0 °
Subregion (LRR or MLRA): LRR N Lat.: 35.6533790 Long.:-82.1276880 Datum:
Soil Map Unit Name: Iotla sandy loam NWI classification:
Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No O (If no, explain in Remarks.)
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes * No O
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.)
Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes O No O
Hydric Soil Present? Yes O No O Is the Sampled Area
Wetland Hydrology Present? Yes O No O
within a Wetland? Yes O No O
Remarks:
Taken in existing, maintained ROW.
Hydrology
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two reouired)
Primary Indicators (minimum of one required;
check all that apply) _
❑ Surface Soil Cracks (B6)
❑ Surface Water (Al)
❑ True Aquatic Plants (B14)
❑ Sparsely Vegetated Concave Surface (B8)
❑ High Water Table (A2)
❑ Hydrogen Sulfide Odor (Cl)
❑ Drainage Patterns (B10)
❑ Saturation (A3)
Oxidized Rhizospheres along Living Roots (0)
❑ Moss Trim Lines (B16)
❑ Water Marks (Bl)
❑ Presence of Reduced Iron (C4)
❑ Dry Season Water Table (C2)
❑ Sediment Deposits (B2)
❑ Recent Iron Reduction in Tilled Soils (C6)
❑ Crayfish Burrows (C8)
❑ Drift deposits (B3)
❑ Thin Muck Surface (C7)
❑ Saturation Visible on Aerial Imagery (C9)
❑ Algal Mat or Crust (B4)
❑ Other (Explain in Remarks)
❑ Stunted or Stressed Plants (Dl)
❑ Iron Deposits (B5)
❑ Geomorphic Position (D2)
❑ Inundation Visible on Aerial Imagery (B7)
❑ Shallow Aquitard (D3)
❑ Water -Stained Leaves (B9)
❑ Microtopographic Relief (D4)
❑ Aquatic Fauna (B13)
FAC-neutral Test (D5)
Field Observations:
Surface Water Present? Yes O No
Depth (inches):
Water Table Present? Yes O No
Depth (inches): 12
Yes O No O
Saturation Present?
Yes * No O
Wetland Hydrology
Depth (inches): 6
Present?
includes capillary fringe
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Antecedent Precipitation Tool
Remarks:
Based on NRCS method, prior three-month period has been wetter than normal.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
VEGETATION (Five/Four Strata)- Use scientific names of plants.
Dominant
Sampling Point: W1
Absolute
apecaeb:
Rel.Strat.
Indicator
Dominance Test worksheet:
Tree Stratum (Plot size: 30' )
% Cover
Cover
Status
Number of Dominant Species
0
❑
o.o%
That are OBL, FACW, or FAC: 4 (A)
2.
0
❑
0.0%
Elo.o
°
Total Number of Dominant
3
0
/o
Species Across All Strata: 4 (B)
4.
0
❑
o.o%
5
0
❑
o.o%
Percent of dominant Species
❑
That Are OBL, FACW, or FAC: 100.0% (A/B)
6.
o
o.o%
7
0
❑
o.o%
Prevalence Index worksheet:
g
0
❑
o.o%
Total % Cover of: Multiply by:
0
= Total Cover
OBL species 17 x 1 = 17
Sapling-Sapling/Shrub Stratum (Plot size: 15'
)
10❑
66.7%
OBL
FACW species 72 x 2 = 144
1
Salix nigra
•
2.
Alnusserrulata
5
d❑
33.3%
OBL
FAC species 22 x 3 = 66
3.
0
❑
0.0%
FACU species 0 x 4= 0
4.
0
❑
o.o%
UPL species 0 x 5= 0
5.
0
❑
0.0%
column Totals: 111 (A) 227 (B)
6
0
❑
0.0%
Prevalence Index = B/A = 2.045
7.
0
❑
o.o°ro
-
Hydrophytic Vegetation Indicators:
$
0
❑
O.o%
❑ Rapid Test for Hydrophytic Vegetation
9.
0
❑
o.o°ro
0 Dominance Test is > 50%
10.
0
❑
0.0%
0 Prevalence Index is <_3.0 1
Shrub Stratum (Plot size:
15
= Total Cover
❑Morphological Adaptations 1 (Provide supporting
1.
0
❑
0.0%
data in Remarks or on a separate sheet)
2
0
❑
0.0%
❑ Problematic Hydrophytic Vegetation 1 (Explain)
3
0
❑
0.0%
1 Indicators of hydric soil and wetland hydrology must
4
0
❑
0.0%
be present, unless disturbed or problematic.
Definition of Vegetation Strata:
5. 0 ❑ o.o% _
6.
0
❑
o.o%
Four Vegetation Strata:
7
0
El
0.0%
Tree stratum - Consists of woody plants, excluding vines, 3 in.
(7.6 cm) or more in diameter at breast height (DBH), regardless
Herb Stratum (Plot size: 5' )
0
= Total Cover
of height.
d❑
Sapling/shrub stratum - Consists of woody plants, excluding
•
Persicaria pensvlvanica
30
31.9%
FACW
vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall.
2•
Verbesina alternifolia
20❑
21.3%
FAC
Herb stratum - Consists of all herbaceous (non -woody) plants,
3.
Impatiens capensis
10
❑
10.6%
FACW
regardless of size, and all other plants less than 3.28 ft tall.
4.
Vernonia noveboracensis
10
❑
10.6%
FACW
Woody vines - Consists of all woody vines greater than 3.28 ft
in height.
5•
Cyperus strigosus
10
❑
10.6%
FACW
6.
Iuncus effusus
5
❑
5.3%
FACW
Five Vegetation Strata:
7.
Onoclea sensibilis
5
❑
5.3%
FACW
El
Tree -Woody plants, excluding woody vines, approximately 20
;;Wm"
8.
Cicuta maculata
2
OBL
t (6 m) or more in height and 3 in. (7.6 cm) or larger in
9„
Boehmeria eylindriea
2
El
°
2.1 /o
FACW
diameter at breast height (DBH).
El
Sapling stratum - Consists of woody plants, excluding woody
1 Q
0
0.0%
_
vines, approximately 20 ft (6 m) or more in height and less than
11.
0
❑
o.o%
3 in. (7.6 cm) DBH.
12.
0
❑
o.o%
Shrub stratum - Consists of woody plants, excluding woody
vines, approximately 3 to 20 ft (1 to 6 m) in height.
Woody Vine Stratum (Plot size: 30' )
94
= Total Cover
Herb stratum -Consists of all herbaceous (non -woody) plants,
1.
Toxicodendron radicans
2
❑
100.0%
FAC
including herbaceous vines, regardless of size, and woody
species, except woody vines, less than approximately 3 ft (1 m)
2.
0
❑
0.0%
in height.
3.
0
❑
0.0%
Woody vines - Consists of all woody vines, regardless of
4.
0
❑
o.o%
-
height.
5. 0 ❑ o.o%
-
Hydrophytic
6-
0
❑
0.0%
Vegetation
Yes * No ❑
2
=Total Cover
Present?
Remarks: (Include photo numbers here or on a separate sheet.)
Hydrophytic vegetation is dominant
*Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
Soil
Sampling Point: yy1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % TVDe 1 Locz Texture Remarks
0-2 10YR 3/1 100 Silt Loam
2-12 10YR 4/2 95 10YR 6/4 5 C PL Sandy Loam
1Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains zLocation: PL=Pore Lining. M=Matrix
Hydric Soil Indicators:
Indicators for Problematic Hydric Soils3:
❑ Histosol (Al)
❑ Dark Surface (S7)
❑ 2 cm Muck (A10) (MLRA 147)
❑ Histic Epipedon (A2)
❑ Polyvalue Below Surface (S8) (MLRA 147,148)
El Black Histic (A3)
El Thin Dark Surface (S9) (MLRA 147, 148)
El Coast Prairie Redox (A16)
❑ Hydrogen Sulfide (A4)
❑ Loamy Gleyed Matrix (F2)
(MLRA 147,148)
❑ Piedmont Floodplain Soils (1`19)
❑ Stratified Layers (A5)
0 Depleted Matrix (F3)
(MLRA 136, 147)
❑ 2 cm Muck (A10) (LRR N)
❑ Redox Dark Surface (F6)
❑ Very Shallow Dark Surface (TF12)
❑ Depleted Below Dark Surface (All)
❑ Depleted Dark Surface (F7)
❑ Other (Explain in Remarks)
❑ Thick Dark Surface (Al2)
❑ Redox Depressions (F8)
❑ Sandy Muck Mineral (Sl) (LRR N,
❑ Iron -Manganese Masses (1`12) (LRR N,
MLRA 147, 148)
MLRA 136)
❑ Sandy Gleyed Matrix (S4)
❑ Umbric Surface (1`13) (MLRA 136, 122)
❑ Sandy Redox (S5)
❑ Piedmont Floodplain Soils (F19) (MLRA 148)
3 Indicators of vegetation and
❑ Stripped Matrix (S6)
❑ Red Parent Material (F21) (MLRA 127, 147)
mushydrophytict
wetland hydrology must be present,
hydrology
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes * No ❑
Remarks:
Soil appears hydric.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region
Project/Site: M-214 McCoy Rd Exposure Site City/County: McDowell Sampling Date: 15-Sep-22
Applicant/Owner: DENC State: Sampling Point: W1 - UP
Investigator(s): Joey Lawler, PWS Section, Township, Range: S T R
Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): flat Slope: 0.5% / 0.3 °
Subregion (LRR or MLRA): LRR N Lat.: 35.6533790 Long.:-82.1276880 Datum:
Soil Map Unit Name: Iotla sandy loam NWI classification:
Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No O (If no, explain in Remarks.)
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes * No O
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.)
Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes O No O
Hydric Soil Present? Yes O No O Is the Sampled Area
Wetland Hydrology Present? Yes O No O
within a Wetland? Yes O No O
Remarks:
Taken at egde of maintained ROW
Hydrology
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two reouired)
Primary Indicators (minimum of one required;
check all that apply) _
❑ Surface Soil Cracks (B6)
❑ Surface Water (Al)
❑ True Aquatic Plants (B14)
❑ Sparsely Vegetated Concave Surface (B8)
❑ High Water Table (A2)
❑ Hydrogen Sulfide Odor (Cl)
❑ Drainage Patterns (B10)
❑ Saturation (A3)
❑ Oxidized Rhizospheres along Living Roots (0)
❑ Moss Trim Lines (B16)
❑ Water Marks (Bl)
❑ Presence of Reduced Iron (C4)
❑ Dry Season Water Table (C2)
❑ Sediment Deposits (B2)
❑ Recent Iron Reduction in Tilled Soils (C6)
❑ Crayfish Burrows (C8)
❑ Drift deposits (B3)
❑ Thin Muck Surface (C7)
❑ Saturation Visible on Aerial Imagery (C9)
❑ Algal Mat or Crust (B4)
❑ Other (Explain in Remarks)
❑ Stunted or Stressed Plants (Dl)
❑ Iron Deposits (B5)
❑ Geomorphic Position (D2)
❑ Inundation Visible on Aerial Imagery (B7)
❑ Shallow Aquitard (D3)
❑ Water -Stained Leaves (B9)
❑ Microtopographic Relief (D4)
❑ Aquatic Fauna (B13)
❑ FAC-neutral Test (D5)
Field Observations:
Surface Water Present? Yes O No
Depth (inches):
Water Table Present? Yes O No
Depth (inches):
Yes O No O
Saturation Present?
Yes O No
Wetland Hydrology
Depth (inches):
Present?
includes capillary fringe
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Antecedent Precipitation Tool
Remarks:
Based on NRCS method, prior three-month period has been wetter than normal.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
VEGETATION (Five/Four Strata)- Use scientific names of plants.
Dominant
Sampling Point: W1 - UP
Absolute
apecaeb:
Rel.Strat.
Indicator
Dominance Test worksheet:
Tree Stratum (Plot size: 30' )
% Cover
Cover
Status
Number of Dominant Species
•
Liriodendron tulipifera
5❑
50.0%
FACU
That are OBL, FACW, or FAC: 2 (A)
2.
Carva tomentosa
5
d❑
50.0%
UPL
❑
°
Total Number of Dominant
3
0
o.o%
Species Across All Strata: 7 (B)
4.
0
❑
o.o%
5
0
❑
o.o%
Percent of dominant Species
❑
That Are OBL, FACW, or FAC: 28.6% (A/B)
6.
o
o.o%
7
0
❑
0.o%
Prevalence Index worksheet:
g
0
❑
o.o%
Total % Cover of: Multiply by:
10
= Total Cover
OBL species 0 x 1 = 0
Sapling-Sapling/Shrub Stratum (Plot size: 15'
)
FACW species 15 x 2 = 30
1
Ligustrum sinense
5❑
35.7%
FACU
•
2.
Arundinaria gigantea
5
d❑
35.7%
FACW
PAC species 44 x 3 = 132
3.
Rosa multiflora
2
❑
14.3%
FACU
FACU species 44 x 4 = 176
4.
Rubusallegheniensis
2
❑
14.3%
FACU
UPL species 5 x 5 = 25
5
0
❑
o.o%
column Totals: 108 (A) 363 (B)
6
0
❑
0.0%
Prevalence Index = B/A = 3.361
7.
0
❑
0.0°ro
-
Hydrophytic Vegetation Indicators:
$
0
❑
0.00r0
❑ Rapid Test for Hydrophytic Vegetation
9.
0
❑
o.o°ro
❑ Dominance Test is > 50%
1 �•
0
El
0.0%
El Prevalence Index is <_3.0 1
Shrub Stratum (Plot size:
14
= Total Cover
❑Morphological Adaptations 1 (Provide supporting
1.
0
❑
0.00r0
data in Remarks or on a separate sheet)
2
0
❑
0.0%
❑ Problematic Hydrophytic Vegetation 1 (Explain)
3
0
❑
0.0%
1 Indicators of hydric soil and wetland hydrology must
4
0
❑
0.0%
be present, unless disturbed or problematic.
5.
0
❑
o.o%
_
Definition of Vegetation Strata:
6.
0
❑
o.o%
Four Vegetation Strata:
7
0
El
0.0%
Tree stratum - Consists of woody plants, excluding vines, 3 in.
(7.6 cm) or more in diameter at breast height (DBH), regardless
Herb Stratum (Plot size: 5' )
0
= Total Cover
of height.
0
Sapling/shrub stratum - Consists of woody plants, excluding
•
Eleusine indict
15
18.3%
FACU
vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall.
2.
Ambrosia artemisiifolia
15❑
18.3%
FACU
Herb stratum - Consists of all herbaceous (non -woody) plants,
3.
Solidaao ruaosa
15
0
18.3%
FAC
-
regardless of size, and all other plants less than 3.28 ft tall.
4.
Rudbeckia laciniata
10
❑
12.2%
FACW
Woody vines - Consists of all woody vines greater than 3.28 ft
-
in height.
5.
Mierosteelium vimineum
10
[:112.2%
FAC
6.
Verbesina alternifolia
10
❑
12.2%
FAC
Five Vegetation Strata:
7•
Panicum virgatum
5
❑
6.1%
FAC
❑
Tree -Woody plants, excluding woody vines, approximately 20
8•
Amphicarpaea bracteata
2
2.4%
FAC
ft (6 m) or more in height and 3 in. (7.6 cm) or larger in
9
0
El
0.0%
diameter at breast height (DBH).
El
Sapling stratum - Consists of woody plants, excluding woody
1 Q
0
0.0%
_
vines, approximately 20 ft (6 m) or more in height and less than
11.
0
❑
0.o%
3 in. (7.6 cm) DBH.
12.
0
❑
0.o%
Shrub stratum - Consists of woody plants, excluding woody
vines, approximately 3 to 20 ft (1 to 6 m) in height.
Woody Vine Stratum (Plot size: 30' )
82
= Total Cover
Herb stratum -Consists of all herbaceous (non -woody) plants,
1.
Toxicodendron radicans
2
❑
100.0%
FAC
including herbaceous vines, regardless of size, and woody
species, except woody vines, less than approximately 3 ft (1 m)
2.
0
❑
0.0%
in height.
3.
0
❑
0.0%
Woody vines - Consists of all woody vines, regardless of
4.
_ 0
❑
0.o%
-
height.
5. 0 ❑ o.o%
_
-
Hydrophytic
6._
_ 0
❑
0.0%
Vegetation
Yes 0 No
2
=Total Cover
Present?
Remarks: (Include photo numbers here or on a separate sheet.)
Herbeacous vegetation is not dominant
*Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
Soil
Sampling Point: W1 -UP
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % TVDe 1 Locz Texture Remarks
0-12 10YR 4/3 100 Loam
1Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains zLocation: PL=Pore Lining. M=Matrix
Hydric Soil Indicators:
Indicators for Problematic Hydric Soils3:
❑ Histosol (Al)
❑ Dark Surface (S7)
❑ 2 cm Muck (A10) (MLRA 147)
❑ Histic Epipedon (A2)
❑ Polyvalue Below Surface (S8) (MLRA 147,148)
El Black Histic (A3)
El Thin Dark Surface (S9) (MLRA 147, 148)
El Coast Prairie Redox (A16)
❑ Hydrogen Sulfide (A4)
❑ Loamy Gleyed Matrix (F2)
(MLRA 147,148)
❑ Piedmont Floodplain Soils (1`19)
❑ Stratified Layers (A5)
❑ Depleted Matrix (F3)
(MLRA 136, 147)
❑ 2 cm Muck (A10) (LRR N)
❑ Redox Dark Surface (F6)
❑ Very Shallow Dark Surface (TF12)
❑ Depleted Below Dark Surface (All)
❑ Depleted Dark Surface (F7)
❑ Other (Explain in Remarks)
❑ Thick Dark Surface (Al2)
❑ Redox Depressions (F8)
❑ Sandy Muck Mineral (Sl) (LRR N,
❑ Iron -Manganese Masses (1`12) (LRR N,
MLRA 147, 148)
MLRA 136)
❑ Sandy Gleyed Matrix (S4)
❑ Umbric Surface (1`13) (MLRA 136, 122)
❑ Sandy Redox (S5)
❑ Piedmont Floodplain Soils (F19) (MLRA 148)
3 Indicators of vegetation and
❑ Stripped Matrix (S6)
❑ Red Parent Material (F21) (MLRA 127, 147)
mushydrophytict
wetland hydrology must be present,
hydrology
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes ❑ No
Remarks:
Soil appears non-hydric.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
NC Division of Water Quality -Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.11
NC DWQ Stream Identification Form Version 4.11
Date: Se t 15 2022
Project/site: M-041 McCoy
Latitude: 35.653051 °
Evaluator: J. Lawler, PWS
County: McDowell
Longitude: --82.1281120
Total Points:
Stream is at least intermittent 39.5
Stream Determination (circle one)
Perennial
Other
e.g. Quad Name. Old Fort, NC
if>_19or erennialif>_30"
A. Geomorphology (Subtotal = 22.5 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0 0
10
2 0
3 Q
2. Sinuosity of channel along thalweg
0
1
2 0
30
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0 0
10
2 0
30
4. Particle size of stream substrate
0 0
10
2
30
5. Active/relict floodplain
00
10
20
30
6. Depositional bars or benches
0 0
1 n
2 n
3 .
7. Recent alluvial deposits
0 •
1
2
3
8. Headcuts
0 Q
1
2
30
9. Grade control
00
0.50
1 Q
1.50
10. Natural valley
00
0.5®
1 0
1.50
11. Second or greater order channel
No = 00
Yes = 3 0
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 9.5 )
12. Presence of Baseflow
00
10
20
30
13. Iron oxidizing bacteria
0 •
10
20
30
14. Leaf litter
1. •
10
0.5Q
0
15. Sediment on plants or debris
0
0.50
1 Q
1.5
16. Organic debris lines or piles
1 00
0.5 U
1 •
1.5
17. Soil -based evidence of high water table?
INo=00
IYes = 3
C. Biology (Subtotal = 7.5 )
18. Fibrous roots in streambed
3
20
1
0 •
19. Rooted upland plants in streambed
3.
20
10
00
20. Macrobenthos (note diversity and abundance)
00
in
2 •
3
21. Aquatic Mollusks
OQ
10
20
3
22. Fish
0 no
0.5
1
1.5
23. Crayfish
00
0.5
1 •
1.5
24. Amphibians
00
0.50
10
1.5
25. Algae
00
0.5 •
1
1.5
26. Wetland plants in streambed
FACW = 0.7500BL =
1.500ther = 00
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: S1
41
NC Division of Water Quality -Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.11
NC DWQ Stream Identification Form Version 4.11
Date: Se t 15, 2022
Project/site: M-041 McCoy
Latitude: 35.653051 °
Evaluator: J, Lawler, PWS
County: McDowell
Longitude: --82. 1 281 1 2°
Total Points:
Stream is at least intermittent 29
Stream Determination (circle one)
Intermittent
Other
Old Fort, NC
e.g. Quad Name:
if>_19or erennialif>_30"
A. Geomorphology (Subtotal = 12 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0 0
10
2 0
30
2. Sinuosity of channel along thalweg
0
1
2 0
30
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0 0
1 0
2 0
30
4. Particle size of stream substrate
0 0
1 0
2 0
30
5. Active/relict floodplain
00
10
2 0
30
6. Depositional bars or benches
0 0
1 n
2 .
3
7. Recent alluvial deposits
0 .
1
2
3
8. Headcuts
0 Q
1
2
30
9. Grade control
00
0.50
1 0
1.50
10. Natural valley
00
0.50
1 0
1.50
11. Second or greater order channel
No = 0 .
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 9.5 )
12. Presence of Baseflow
00
10
20
30
13. Iron oxidizing bacteria
0 •
10
20
30
14. Leaf litter
1. •
10
0.5Q
0
15. Sediment on plants or debris
0
0.50
1 0
1.5
16. Organic debris lines or piles
1 00
0.5 U
1 •
1.5
17. Soil -based evidence of high water table?
INo=00
IYes = 3 .
C. Biology (Subtotal = 7.5 )
18. Fibrous roots in streambed
3
20
1
0 •
19. Rooted upland plants in streambed
3•
20
10
00
20. Macrobenthos (note diversity and abundance)
00
in
20
3
21. Aquatic Mollusks
OD
10
20
3
22. Fish
0 .
0.5
1
1.5
23. Crayfish
00
0.5
1 •
1.5
24. Amphibians
00
0.50
10
1.5
25. Algae
00
0.5 •
1
1.5
26. Wetland plants in streambed
FACW = 0.7500BL =
1.500ther = 00
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: S2
41
NC Division of Water Quality -Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.11
NC DWQ Stream Identification Form Version 4.11
Date: Sept 15, 2022
Project/site: M-041 McCoy
Latitude: 35.653051 °
Evaluator: J. Lawler, PWS
County: McDowell
Longitude: --82.1281120
Total Points:
Stream is at least intermittent 26
Stream Determination (circle one)
Intermittent
Other
e.g. Quad Name. Old Fort, NC
if >_ 19 or perennial if >_ 30"
A. Geomorphology (Subtotal = 10.5 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0 0
10
2 0
30
2. Sinuosity of channel along thalweg
0
10
2 0
30
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0 0
1 0
2 0
30
4. Particle size of stream substrate
0 0
1 0
2 0
30
5. Active/relict floodplain
00
10
2 0
30
6. Depositional bars or benches
0 0
1 n
2 .
3
7. Recent alluvial deposits
0 .
1
2
3
8. Headcuts
0 Q
1
2
30
9. Grade control
00
0.50
1 0
1.50
10. Natural valley
00
0.5®
1 0
1.50
11. Second or greater order channel
No = 0 .
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 8.5 )
12. Presence of Baseflow
00
10
2 0
30
13. Iron oxidizing bacteria
0 •
10
20
30
14. Leaf litter
1. •
10
0.5Q
0
15. Sediment on plants or debris
0
0.50
1 0
1.5
16. Organic debris lines or piles
1 00
0.5 U
1 •
1.5
17. Soil -based evidence of high water table?
INo=00
IYes = 3 .
C. Biology (Subtotal =
18. Fibrous roots in streambed
3
2 •
1
0
19. Rooted upland plants in streambed
3•
20
10
00
20. Macrobenthos (note diversity and abundance)
0 Q
in
20
3
21. Aquatic Mollusks
0
10
20
3
22. Fish
0 .
0.5
1
1.5
23. Crayfish
00
0.5
1 •
1.5
24. Amphibians
00
0.50
10
1.5
25. Algae
00
0.5 •
1
1.5
26. Wetland plants in streambed
FACW = 0.7500BL =
1.500ther = 00
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: S3
41
Appendix II
Site Photographs
PHOTOGRAPH1
VIEWING DIRECTION: Southwest
DESCRIPTION/COMMENT: View of
access road off McCoy Road.
PHOTOGRAPH
VIEWING DIRECTION: East
DESCRIPTION/COMMENT: View of
easement from access road.
SITE PHOTOGRAPHS
DENC Line M-241 McCoy Road Pipe Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
1
SITE PHOTOGRAPHS
PHOTOGRAPH
VIEWING DIRECTION: Northeast
DESCRIPTION/COMMENT: View of
the existing easement.
PHOTOGRAPH 4
VIEWING DIRECTION: Downstream
DESCRIPTION/COMMENT: View of
Cane Creek (S1).
DENC Line M-241 McCoy Road Pipe Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
FA
SITE PHOTOGRAPHS
DENC Line M-241 McCoy Road Pipe Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
PHOTOGRAPH
VIEWING DIRECTION: Water Surface
ti a 4
DESCRIPTION/COMMENT: View of
pipe exposure within Cane Creek.
WIWI. a
PHOTOGRAPH
VIEWING DIRECTION: East
DESCRIPTION/COMMENT: View of
W1.
4.
3
PHOTOGRAPH
VIEWING DIRECTION: Ground
Surface
DESCRIPTION/COMMENT: View of
typical hydric soils present in W1.
PHOTOGRAPH
VIEWING DIRECTION: North
DESCRIPTION/COMMENT: View of
W2.
SITE PHOTOGRAPHS
DENC Line M-241 McCoy Road Pipe Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
4
SITE PHOTOGRAPHS
DENC Line M-241 McCoy Road Pipe Exposure
Old Fort, McDowell County, North Carolina
S&ME Project No. 22350541
PHOTOGRAPHS ` Vol
VIEWING DIRECTION: Ground .`�
Surface 3
DESCRIPTION/COMMENT: View of
typical hydric soils present in W2.
W.
PHOTOGRAPH 10
VIEWING DIRECTION: Upstream
DESCRIPTION/COMMENT: View of
S2.
0
5
Appendix III
Construction Drawings
VNIIO'dVD HAON 'AlNnOD 113MO4DN
III 12 nSOdX3 3dld aVO2 AODDN Lt F-N - 60SZLd N o
S1DVdNI CINVl13M?8 NVDAS w F z o w
III - —
=� wN
SIDVdwi QNVI19M 18 WF 9HIS o
O z
F `�_ ,TRItSU y\ a m z g Q
O p °'
�/ w Q Q Z Q
\ l�ogg a
` woow�m o c
Qo / uo m
,
,1'�� \\�\\ m Qa
,
„
ll >
,
,
110 < a n D
\ u 1� o� 5^�i 1'\ • , +��. 1 w 9�� / N v�i > I,z, z Oz Oz
l w 0 tI
NpO �
c� of oz avz� oz u
\ Z L Lz zzzm -
it
; -0
o w
,
\ t
I bI o I m
= I
�<u
ICI
>
> I I
z Q
o m w < g w
1FE
F- U w w
Q Q
o = w w 1
jN.`. 17._ a
T 0(/1
I Z
o O
a �goww � w \ I� 0 0
a
w 0 O0 w w z Z a a
a `L
1 LDD V I I. 0
� �coa��aa
a
OfzamrX 11 \ W
Q
611P 9NISSONJ ON-3M LhSSEZZ\,l dwi pueµaM-weals\9MO\dtlJ\R6iau3 bVu yo] plo ansodsa adid p-, A... �bZ-wivap I.b505fZZ\ZZOZ\sl�a(wd\OSf I-a11o4a4�\1 41ed 6—,e
2 e�
VNIIO1VD HAON 'A1NnOD 113MO4DN
12 nSOdX3 3dld aVO2 AODDN Lt F-N - 60SZLd
S1DVdNI CINVI13M?8 NVDAS
NOII.J INISNOJ 3Hd - ONISSO?IJ QNV'113M
U
z
G
� � Z
� d —
v~ 0 ¢
�O20)
w��
d w
.aaaaoaa w
<��j r---
w
m
F- H
�p
H
z
n
O F
�
w
o
O w
v�
V
¢ Y
V
z0
wLA
z
w =
O w w
~ ~ LL ¢ J p p vO
p
N O ? O tz w
—0 O >
a ¢
m0� JZ 1n
a�w v�p pOpwQ jw
a
m lna 2¢ Jam¢~ZQ>
U 3z w2wp0w¢
V
?� w Z w
Egazuz =oz'OdO
Z 0 w m 0 V w j
Q �2�� Jw O j JmO�Qo�c
�:5aG=z o N zowz
a ¢ pm
y� 0
a00LLQZ
Q z3:O >p Q p N o Z
ZInZ >>w
¢O¢000
m �
Q u w Z-
ZHO=Op o' �zHH
o¢� ~ 70 —gaz
o a w -0 OO 0 z w7 Z p
t_
:�j~ Z Q3: w
cC 0zH>¢
O w w p In Y~ Z
OZ _
0
xw�z z¢z�
OZ
N> j Q¢ a 0 jj to
O
cn��a0 ��Gwoo0
woa� ozzw¢w ¢�w�
O �aa=ZOmOc°pin�u�Np
P4 w= O ¢ N w¢ p¢ p a u
w V w~ HZ wZHHpvlw
W cnwOwOXin O v'Inz�=
Y
V
O
O
d �
�a
O w
V p
p00
O
w
ro
� K
�
Q
z
�°
W
z
°
O
0
u
u
w
v�
O
94
u
0
In
oOn
0
g
z
�
g
a
�I° N
w
o
m �
N
N LL
6HP SH - NOI1�f1b15N O� 311d - 9NISSONJ ONb'113M-tlE5\shed wi pueµaM-w earls\9MO\OtlJ\R6iau3 bVu yo1 plo ansodsa adid peon Fo»w IbZ-wivap I.b505EZZ\ZZOZ\sl�alwd\OSE I-a11o4 a4�\�1 �41ed 6ui,He�O
VNIlO1VD HAON 'A1NnOD 113MO4DN
I I I 12 nSOdX3 3dld aVO2 AODDN Lt F-N - 60SZLd
S1DVdINI CINVl13M?8 NVDAS
I I I E NOI.LJflH LSNOJ - ONISS02IJ QNV'I.L'3M
ULo�p
0 Jo-
-0
<1
0>Nw�
~a
o�zoz
a w = w =
ow3��
00
w�0a:
�¢o3^
un m
W O wp Q w n
Z Z)a p z v
z �w
a0-a��w
w
W < o O
Z m v w H m U
W
�, r
V - N M w
U
z
G
�gz
Goa
p �
� p
°w�
m e�
z w
Viz?j�a o0
m�2 Zc7i1 v7i~� J �>� Um
pQ zva
opz w� z�LL o �wz aw
m
a z 3¢ m 0 z O o m a
Lu zgo2 g 0zm Ja
¢ m w y w w d O K
ZH>zp0 pw Zvi lnOp ,J—���
O O z w o O w
l7 C)- wwaxx `n�Z
3oO w a— di J p w
wpax�awz�m�3 YJ�m
w? z a m> w O v m
m x000 ��DU:2 dp'^vS v]
ZLn'lzZ7vmi aC7 �w¢ _m= C7 m1¢nO?a 0wJu~wpOrcO�w—�pz¢¢�Z¢wdi¢ZnzzgLz~ Ulva1n20"Z�2m°U a�UVQvZ f)f 0 m
7�OmOZz a QJ ZZ
Ln O Z0001-� OO=pwaw
V Lfi 16 I-- m m.
0
C
w�P
O° z
_ = m o
pw ~ v , ~ , o 0 n
O�J haw w? z ¢z00 C, O
v] mO?� O > �aYwv~iZ mO ccw aZ
Z a ¢
�m �.�a iz o�<�,g3 pw 010�
w J `n
¢ >
Zzz OV w� x wrc >�
z v mw
�N U zw�w Q z J O� LL=� w <u
H w Q H
w m z o p m o w a° z z z
c� � p Z LL w V U w >j m w > a m cn 0
Q aZQww°Q 2�O �a�~wQL" m�pHaw
V p
Ln
LL O z Q W a O N p
p—Uw mZa r0 '-''1n w0
a aU� m�H Nx�l~Ja Oww~7 ~ O Zz �w
p a w 0 z v; JO Z O) Ox o
¢vwJL�pw?jppvw�i 2]nwzxmx�oaa¢caamQxv�w�Vam 0VZwg�� �LL a�S azzwa °pQzU z¢��v] ZWW� ¢wzz=
o
QwQ ww JwONaoDw z -wN�
oa=°ooO>¢G�p'
Zz Z< 0 ¢
N
D
o
Q w
Z Z
O0
~
zw
z
V
O
z
a
OIE v
d<
p
z
0
w
w
Y
a la7
Q
z
Z
o
K
zw
.aaaa
o,
w>
-�°
L—►I
a a a
a� ,
a
�
S
F=z
IDJ
° w ¢
u
¢
j
a
a ¢
jz
Q 0
�o
°z
V
a0
wpw
C)
a O
m �
(3
Z >-
=
o U
Q�
l7
w"
a
w
o
�w
z`S
w0
~
� o
j
w w
p�
U
0
w
O
m
z
6MP Stl - NOI1Jf1i115NOJ - 9NISSOi1J 0 Nb'113M - 8E5\shed wi pueµaM-w earls\9MO\OtlJ\R6iau3 bV a yo] plo ansodsa adid peon Fo»w �bZ-wivap I.b505EZZ\ZZOZ\sl�a(wd\OSE 1-a11o4 a4�\�1 �41ed 6uiHe�O
VNIlO'dVD HAON 'A1NnOD 113MO4DN
12 nSOdX3 3dld aVO2 AODDN Lt F-N - 60SZLd
S1DVdN1 CINVl13M?8 NVDAS
NOI.LJfIH LSNOJ .LSOd - ONISS02IJ QNV'I.L'3M
W O
am
a
a i
a � '
V
� w
>
ALL—
GOa
Z O
a :
owo
LL
Ld
a w i
O �
N CY
`G
z l
J
O
U
x`
JO (
>H
Q
Z w
f9
II
Q a i
o i
a�-
O
z
II
~ Q
Z z
vxi i
H
w
o
I I w 1n
Z
mo w[
F
J
Q Q
Fr a ��
a O z ,
� a t
LL
z��F
II
II
II
II
j
S
LL Z
N
II
Q a �
2 ]
II
0
U
d w
II
I I
Z [C
W U
II
o
II
II
w
td
LL
wvi
z
I
w
g O
u
CO. O
Flo �
�w
o
m �
N
N LL
iZ
,a
• x
W,
N
fi^'�P SN - NOIlJf1t11SNOJ 1SOd - 9NISSOt1� (1Ntl113M - JES\shed wl pueµaM-w earls\9M0\OtlJ\R6iau3 bV a yo1 plo ansodsa adld peon Fo»w IbZ-wivap I.b505EZZ\ZZOZ\sl�alwd\OSE 1-a11o4 a4�\�1 �41ed 6uI,He�O
WMHO
VNIlO1VD HAON 'A1NnOD 113MO4DW
12 nSOdX3 3dld aVO2 AODDW Lt F-W - 60SZLd
S1DVdWI4NVl13M?8 WVDAS
NO11Df1H1SN03-3ua - ONISSOUD WV9HIS
r.
Q
p
l7 O
O
J C[
� LL
O-
MOl3
W V3,d15
z
" zlo
o
0 V jlDm wZ wQ QO
¢ a N w O
V z} o LL z w } p
Z � Z m
92i,u 0Y .w�� OOp dv~ �� O
w Jpa v,�cC°vi�
Q Q> w m O Z l7 a Z 7 Z ¢ O Q
OQ�O00aO¢wOZ V Zz Z)~
O
o=rc�ao}wm w z J� aw a
pa `i'HwwpZpamaw V p V � ww
LLp�ww�LL`^pOZ°��ON'-'-'Zu zz Zz
0
�w��Ooo�ww03�Z1--2!� Nw a
��=LLo�o�LLza��oOw�w Up 7�
aZ)�O:z 3�6uF-- �� W O
u a w O
Na�O>oJO000�'(3
a
pawp~�vas <
= m w Q Z W Z v
O�ao=uz~z�ooa°mwZ�oo zwozo°
¢ K H�z V v1� K tnU H w
z O O Q m H m V p J a wp w p z w Z V z N? r
~ V Z J in W w z o»
o
o=oZNzo F�d� a
rz ccav, oc�v~i�Zv,Q??mHaww0U
V N M V L11 N
A
i
H
=
=O
u 0
O�
=
}a
K LL
Q W
Z
°
z
W
o
z >>11'
w
�V)
�C)
O V
w
m
g
w
m
11
fi^'�P'SN - NOI1Jf1t11S IJOJ-3tld - 9NISSObJ W V3b1S - tllb\shed wi pueµaM-w earls\9M0\OtlJ\R6iau3 bV a yo] plo ansodsa adid peon Fo»w �bZ-wivap I.b505fZZ\ZZOZ\s1Ja(wd\OSf 1-a11o4 a4�\�1 �41ed 6uiHe�O
NMHO
MOl3
NV3a1s
Q
Q
z
0
U
W
0
9
u
VNIIO1VD HAON 'A1NnOD 113MO4DN
12 nSOdX3 3dld aVOI AODDN Lt F-N - 60SZLd
S1DVdNI CINVl13M?8 NVDAS
aWna SSVa-Na - ONISSOUD WVaHIS
O
a �
Q
O ~
H
o0.
a<o0
w
Z z w
a w w
�2 LL K
O LL
z IIII
z
0
u
W
U)
Ln
0
P4
u
w
V
N
Q
z m �
LL Q N
v~� 0 0
a
zNwz o aN GzLZ z
w
N F F = p� Q w Q
o z~ m Q Q Z Y O j Q
O a� p¢in
Q o0=O Z 'Z'-'m - - � amz
w¢o< J �� o�
�¢oz��
3 > �> >z ¢O alnw
J y Q a V z w Q
¢ Z
y0 �o ZN z0
O w z N Y ¢ z
w F z-= 0 Z m z �w- w p ¢ ¢>i Occ� Yw Ln `^w vlZz
w cc w
�wz> pw wwp �o� aC7 per~
m r S N v l Q m 0 w p
¢¢ a z z 0 0_? F J z z w o o O w
a U Q ¢ O p m o 3 W z z¢
'U^zp .Q zw �0w ��> z w� g�z�
w�QQ oaf azo d �¢ Dooms
<a zt7 aOV z ¢o v] Zl7
`� F w� O�^O p¢~w
t N ¢ V L7
Z Z N ? Q Z O o w d H a» o z
a
.0 W~i] �m Oov IDc zO=O= �v~i:w
r Co N
LLLLT
z Q Q Y
V O V g = [C w Z
V J
m Z O p Z J U O U,¢ w z m
w
Few Q�„}�, �0 tz w 0 0�z v~i
�^3N =� °=3 z °=�aoQ
Q N d. N J ~ a V H F Z H Z N
O q O a o" o 0 o z d ¢ Y N
>0��0z �J a zV¢0
z00w-Z17 �
¢
¢ ¢om„,
Ua�
U
wiz z¢z o=�� V W~Owz� a� Oz<
Fw= O O �WnZo w w�N w¢"' a� QmF
zz
0 `�z ¢l7g �z
Z wZ O tv~i�v~iO3 ¢ °'Tu �vQi 1,z,
z Z F w m LL 2 w Z o 0 J Q 0 z 0 w
O m p V Z¢ LL m= w >i Z 0 m
F F Z l7 08�~ w 0 m�, Z O> 0 LL m m J K J Z
pz oV omWnz av~iLL
�mm 3=moo N 33=�u >z a 0z010,
awp
>pzx m00 OazO O O��aaFa ¢ �cco ¢�O
r vU¢ g vOz�QQ�a Ja�Qwz
z oowO OOOp =O ozwo�°F 1� O2u zFo
=Qm ZLL '� pvia� JQ O¢aa�~Z - 0w
¢ Z N N 0 0 w w¢
~ z ul m z U 0 0< ¢ U O U VI o m Q V N z
U=� �Z=o <, - == aNzzzQO <1^ ¢z< JE `7D
K>° m == Z- = Q w 2¢ O N F N Z= a 0 0 F ?) a Y� K
J = w Z Z Z Q 2 go
Z p ,= a z w~ U 0 0
K0 m Z°>i �0 00= uuo2 N �°V OV U2>i?vw orc zz 30z mNO
�a w" o�ww
wiz w0":E zo < woa¢
= w Q Q 3 K Z K w V z~¢
00�w NJZ�w�
=w=aa ¢ �F =r0r w¢wwrc�Z
3 o
F oQ ow z O N OZ
¢ w w z o
¢ zo
Q=^ o0ZOQ<z3= ¢w �_4 °z00
=ao�o aaLL=mz ozz
1w„�¢ _ =mow, zNm Wz, �7mz0=
�Z¢vViw Yw=�U¢ -= owm
<w�m aSpw QwN waUJ� 1n a'^�OUvwi
ra ZzaFJ-�Qawo�ozwgw
z O a= p 0 K N 0 v¢w z a j w LL
OOU�N>z=�F� ¢��N myaz�o'�
01n law om=¢ 0ww�_ ¢Q�a JO
=zZcc�¢
z_w zc.7
�,z�wzYO w>�~z 00 1!'z z w z V o>
Z OV ~¢ w Z O m w¢ 0 a= o 0 O
0OQNdo ¢
DQzu V a< VLLa
mwm�Z pin��U�N o3F�
~Ow ¢ �wZv=i�NZ ccZOrr `^ > W^aWn�
Q a w Q w 3 a V w z m z Q
QwZ 1wJ==3:C., =
0 =�'
O 0z
m LL U O� m Q o� v _ ¢ U H
6�sP Stl - d4V fld SSVd-A8 - 9NISSONJ WH3N1S - 8lb\shed wi pueµaM-w earls\9MO\dtlJ\R6iau3 bV a yo] pro ansodsa adid peon Fo»w IbZ-wivap �b505fZZ\ZZOZ\sl�a(wd\OSf 1-a11o4 a4�\�1 �41ed 6ui�He�a
VNIlO1VD HAON 'A1NnOD 113MO4DW
III 12 nSOdX3 3dld aVO2 AODDW Lt F-W - 60SZLd
S1DVdINI4NV113M?8 WVDAS
III = NOiiDnuiSNOD-JLSOa - DNISSOUD WV9HIS
w w
zp mo w z w
O 0 w p = N Q m 0;
a ^¢ ax z al
zz¢ mz z'
O a C D�
owz z o-
0
¢�� _ 0 aX app p
vi ww v�ij
� H
Oz� w�a a� =nw0 �Q 0wl
cn ��a0 Z= ¢� wx'
�o�u zw p~� �> ate:
w zwa a ^ ��p �o N�
wa�0 Owa YZ u.Y oo�
a z!
u m z Z a LL Z m a m LL
o
z �ww mw a m w w I
az ao
Q 1-- VY J v~ O
O H l n u Z Q Y Y Q i
Z Q Z Z_< 00< Ng z� zg
�l 0.< ��w mNU aX g� <
-otw w a w O¢ x a w 0 Z m m m 0
W wFp< p0 `naa aaOQ Oo Oai
z avlwH wvlH 0C2) cca02 uu ual
rW
V � N M V Lf1 lD
U
Z
N
g Z
F a
o O a
H �
°
z w
Z w _
a ?a 3
a o a
~
o�ma ¢ �wCOa¢zO wY>O
� 0oZo?
Q¢ >o a Z o
a
^ioaww O
QO 1- 0:;]ZO l7
� z
m
�o �w�
�mwC, �U>�a pia
ww >�u-
� �x¢w
aw ¢wzz
Y>?LL J xw�Q� �Q
u� wz-
i'-:�:Z0
O�NwQ�a��Zz0zw aOpjia0z
Q�iKznVvapi
O
Z�wwZ�wzUa�aE:¢z_a�m
�
�oo
o<-Ow=)
�Jau
cxc
o
v� 0
VLLUma~LL
po�w�
¢p v,av�OO
i0 ZcC =)HZ
O0
QUV w>w
o C)t=< �DvaiO2! m0=
oz
z,
O0Z
;w
0� U�H0�z�v Jm�
W
<D w�aw
¢0¢
Zw=p
�
aOw�
Zpwa
No»0O�
a
Qw>Q�uZ>
~?a0
w°D
�
00�Z
w
c
wOu
F
w-
<1<QZaO<w F
r m Ol
�2�
N
*'I r*i�
WMHO '—�I«1
I'
� MOIj I I
WV32J1S li
II
NV9 30 301
'I r •
)INV9 30
....................
. ..
9 r �
wz-
II
II
II
II
Y m Q
I I
gu
m
O
I I
�
II
II
II
II
�I
C-'
Q
Z
0
z
a
d
K
Ou
H w
m
0
a
�
Jo
Z
x O 0
u
>au�
g a 0-
0
I 0 w H
Off=
I m l7 0
� Q H
to �
o� d
z
0
DTI
w
=
Zorn U*)
�o
W�w0
w>z O
�iOOvN-
J U
j
O
m
w Z w
Y m
Z oo
a �
azmu o
d0 Q O
z aOz
W
p Q
0
a
N
z
6HP SH - NOIlOf1b15N00-150d - 9NISSObJ Wb3b15 - O lb\slaedwl pueµaM-weasls\9M0\OtlJ\R6iau3 bV a yob plo ansodsa adld peon Fo»w IbZ-wivap I.b505fZZ\ZZOZ\slaalwd\OSE 1-a11o4a4u\�1 �41ed 6ul,HesO
z�
f11 J
z Q
V)0
U�
Ow
94 ~
Uw
z
WHO
3�0
� a
O
a�
VNIlO1VD HAON 'A1NnOD 113MO4DW
12 nSOdX3 3dld CIVO2 AODDW Lt F-W - 60SZLd
S1DVdWI4NVl13M?8 NVDAS
(E 10 I) ONISSOUD 2I91VM M01
UJ
_ Q Q
a Z p w z m O z z= a p
p V 0 p m LL LL 0
¢Z ~ V Q mwz z �� x u
0 u� 0 0 ¢ x w z F p w O m w 0 Z a rc
Q�avIOC7 tzmom wm��ZH
m ��oowzz ���vLLoLL�0 u< o>
vl zln U,.,�.,�¢J Nab mows}=V `[ tr7 z-,u Q=O a
x ZOa>pw� �za LL V a�-�� �QZ Buz vlzw
V o a} w 0 2 w p w p� Q z 2 Z o O z a a a Z
z-wO0�COJ mum --1n0 =m � V- am- J'^=O
wO? ZH z7Q QOx �Jao�wVQLLg wa oJ QHv=wiZ�=-Q Ovpi aa�F-z 0p <aV
wZmwvw E w0 O�Z¢ upZil�m�a7
0ZwZd�
O
�Jw==<H �~ - w X<H �w 0Ow2 QplJHga�
o Oz OOO=OOQa=Ouo2aV V
Q O u ?H
y w��mw�o<F-uou0C) a
uv pOLLZoz¢ 0 v O oVz
O
�-0 Yu x a =�� uz�
_ `~"w2�w=w0 p0em �Zj�LL V Z ��¢ ~�"' �Zm� �
`^ OQHOp`�QinO��ZOm� u<0u oV O H<<= o
0 -zzZ�ln O=— �1n—a¢w aNp au ¢�
aac >Upw=�H� ��Z awz�a�~ m,no
l7 In Z
wp�7xO �xO
a inVwzaw0�zpw �J O w
0JO2ov»wo>w-wwYlZ7 0ww
V
oZ Ov�za=0
OQo>~vpw<0 =O0W w a ¢m ~W OmW
0
z QZa LLO¢z Y
�_ v m==z m
0 >�az�z�Q mua �wz3 Jmz �0a �zu azoo
~ <= Om w¢ _ << Q In�`� ~pwZ wO�a
>v"'i JO>��0o= a�u p°;�x��� ww < Z.
�� 1riOaua,2�~ v=iOLL }0~ x0
w O� w o p V w u� m¢ ~O a a U Q = Z 0 z O Z Z - 0
a m o rn l7 V Z p J p m Z m p p 0 Q z O- z 0
v uH ¢ vl ZLLl7- m H V
w wp � w Z u u p H m p LL > v I Q K w p
�U ��mzOpaa 00� GAS— "ia0 Qww z�z0 Oo ¢Qa'`>" J2
¢a °o=zccXoo zz° °u6zz= =0-1 00ww zOwO ¢�
20 v ofv 5�owuu -zu z 7 < < F-- �aw� za�O aFaH mu
N m V V1 I-� W Ol
z
x
w O
� zo
a
z
w
o a o
u
V
O
m
H
u
u
Z
0
u
33VJ831NI 93M03D
H1d30 Wa01S 1N3113
M 073
JINV9 30 301
73NNVH�
o
l7 p w
Z z V
p = LL
K 0
°0z
zLn
o20
¢z
� w
w0
r-
�I
x
w
)%
0
7 Z w
z p
z Q O Z
�a�o
w<
x�
Z
p wp z p
¢ g
ND
o"
0 U
o_ z
Q
Flo 00
�w
o
m �
N
N LL
6v�p'X3ljilOWNtl-9NISSOt1J b31HM-MOl\shed wi pueµaM-w earls\9MO\OtlJ\R6iau3 bVu yo1 pro ansodsa adid peon Fo»w IbZ-wivap �b505fZZ\ZZOZ\sl�alwd\OSf I-a11o4 a4�\�1 �41ed 6ui,He�O
VNIlO'dVD HAON 'A1NnOD 113MO4DW
III 12 11SOdX3 3dld aVO2 AODDW Lt F-W - 60SZLd M o
S1DVdINI4NV113M?8 WVDAS ^ N z o w
V z
(E 10 Z) ONISSOUD H31VM M01 0 LL
a z o �o z w u
z o
Q =tea �YdO'cn vai U¢�m
w �Oa 0
z
OOw��00�
ZuJ
a�l7Q W 0E¢ 1
Z[� �cn~-gy V > w ccwZ
o �_ m 7
(D Z~ X Z m
00�5 Oz0�za� ¢� ��Oa
Vow zav02
e L00
a M033 1.nj �B
Ur 13N�.J
f s s
94
O z= Q¢ z Y O O W
Z a ¢ z ID
¢cy
z0 w Inw¢(7
w
0o Opz
w Z
� inn U w
W� 1 O K
V O O
Z ¢ O - - -�
—
o
� Z O
` In -1I .1 - U) V
„i
u w o
u
z0 j
w
z
v z> O
o0 ¢
w Z Z w l7 d G a
Z �
w w ww Zw i..i
In O
oos g��
u' < w
00
W U w '
J\ D
� � � u a 0
O °' 3�0C
z w zoo
u 00 co
0 Vll O z z
m ,n o
00 v z
z O
®® o
w �
z
u
m
w
u
V
Z
O
u
z
O
E-�
u
w
z
z
O
u
O
E�
d'
E-I
z
z
az- 2z
x
W
oz"o¢
�
o _ cc
C7 a >
_
�
cc
Z
O %<
w N
w
C)
O Z
Z O Z
Z
u z
O (D
z
O
6v�p'X3ljilOWNtl-9NISSOt1J b31HM-MOl\slaedwi pueµaM-weals\9MO\OtlJ\R6iau3 bVu yo1 pro ansodsa adid peon Fo»w IbZ-wivap �b505fZZ\ZZOZ\sl�alwd\OSf I-a11o4a4�\�1 �41ed 6ui,He�O
mnm£HAo,wmm mAAOmw
ssReeemm m2wrw-60Sz
s wmeNVI aaGADA:
(C10 Q omSs u u1V« %o
\
)
\
} \\g\
§$/0
Ln \\\az
cl e e
dew=0-<
zz=e,o�
o=\ag>2
\\2§r<u
u zo C.) §
/ww»S/
2!\\0w g
z5=-3
42-<zz-
g=�z�a&
_< =o/
)°Pg®3
G»»¥925
§°»
<__�
\}}< 0
/2L3»J§
¢zo@2z$=
\�< * as
VNIIO'dVD HAON 'A1NnOD 113MO4DN
12 nSOdX3 3dld aVO2 AODDN Lt F-N - 60SZLd
S1DVdNI CINVl13M?8 NVDAS
iaxuVrla H1O:)
= a �
zZv]
Q 0 U w
w �zw J�>
> ~ _
H
Z o O° H O z d Q Z w
d cC p0 Htoyv~i w U in0 aOa�~LLB mw 0
az Viz¢ �azam o
u Jp 0ma oQ� pQ�n
oz ffuu 330- wax U- Z
U zw w=O z �¢O a
� W Umzpa v1=K QO v~im N
w" zw LLYdZ 3"z(D w
>z m ccw� z v, mQOm F-
Z V
V O ~_ y O Y J= U t~/ 11 O a o o z
a
�a oo zU=zW w�Yow��-o
az �QU;a
om ao o�=zo maaz°oa°o z
v] J YO w1na�V aH
QY �� w° zv,o2apz0 ¢
= vai, 'L=,2 a JOm�w=U�� F
=Y w� ZO�JO� Yu In a�~71ZW z�z O
Om YO wOmO� mo��z�J�z W
�Z a
a� (D� ��z0o ��NO�Oaam
Ut O zmp pJ
a� oza �oaoam`n�a-��w�ax z
pvQ��waQ��p�zwo O
_ Zm0 z �u� w ozz OJ2' W
]nwzw� yOwc¢
mY °W m YU> zaQ�Qx o
wz>zo z�w�mo��¢z�wz�z x
wgx J a°a
>- oU �w'�
z z
maaz m3o��a�
Y NO m�wWW2aOm 3ate? Z
Q z N H J O D Q N ou o
mz�J�a W�ad��zp��o¢z �+o
���aO�wazaa00�z��Zz��x�z
O tz
zO'P~OmYZOQmaQgOYHQ zJO
.Z0_ W=��wYo� aQN�00
uozln O17, wHaHv'�w�,.,�, W
���?ao J�aa=uc7O,,,wXcc�xv,m
�o�zaa� wa �LLo z o- you
Wow w�o�za�gzJ�w¢�a��zo�W
cc=I cc::) c W ONOUx W 0�
rz w1nOa�nmm�lna U-�1n�N W 1n aU�a?�
U N M V Vi to r m
ZEWE-
G
0
O w
�0,
II
W.
0 z w o
O
z mo a w
a =
= o U
-
w a
za
o ¢
z m� ¢ z
LD
U z n
z U z LL
a 00 0
Q - m O
Z = a
o z3: w z
x O� m
N o
Z w z d > 0
o° ~ o p0
u
ao Uz
¢ zu z O z~
0
aO In z o�
Z
a
z Jmo 0 ¢z
�W z�
u :1D a w o�
❑ :2 J� U U n Z
Q J z U
z z p Q O w
0a O m o�
w a
o zx
W a o w z= ~ z Z
H U N= U Q OQ o
Oz0Za>�w a �,uC)
N > W a Z
w�U ma
U w— U U W U m
Z ozF0 O Z ¢o
Z ~ N
�<�Yz1., a
F a? Y O a d 0,-
Z Z-
di za�Oav'LLa�
NM V to l0 KK
y
Ow
0
ao
�z
wV
a
O
z
a
o�
N
° °
m
O
O
U
RI
LL� om
° °}
o o
O
a
w
d
O
a
O O
O O
U
w
�o 0
0 0
0
�
1
W �
N o 0 0 0
W.
I�
L
F�n
O�
LL7:
Q
�
�m
� IIII
` � IIIII
� IIIII'
V)
z
w
E-I
E-I
w
I=I
//
6v,p 13NNb'I8 t110J Z ll\shed wl pueµaM-w earls\9MO\dtlJ\R6iau3 bVu yo] plo ansodsa adid peon Fo»w IbZ-wivap I.b505fZZ\ZZOZ\sl�a(wd\OSf I-a11o4 a4�\�1 �41ed 6uiHe�a
VNIlO'dVD HAON 'A1NnOD 113MO4DN
12 nSOdX3 3dld aVO2 AODDN Lt F-N - 60SZLd
S1DVdN1 CINVl13M?8 NVDAS
NOI1D31OHd 301901 HIOJ
0
z�
Wp
7
0O
�p
a
ww
Y � m
Z
0 3=
Q o
0
Z U
m m u
rc
�LL(D
Ow
zm
Yao
,�z
a�
7
=aOv
N0
a
LL
u d H
O O Oz
muu�
_I -------------
--r,
C7
OW
O
Y „ N V z^
O
u Z Q O w
z l7
O
z0W z
� Oz
p
W
O
ra
z o
>
a Z
O
K
G
W
z
0
E-I
U
W
z
0 z
a
z �
LL
�w0
az
°0
O
a
a >
� �
N C7
o
<Zz
3wa�
z o
F-- D
� 0
Sago
Dz
m
o
QzJ w
aN
z
aoa�
z-
mawz
ao
o=
N :�i O
0 z~
a N
m
z o N
0 Z
z
a
w
(]
v O
�mo�
Q
m�z �
a
> za
W
wQ z
z
�w0
in Dew
z -0 1<
�x�u
(n wad m
u-z°
[W,�pO
Ozz�
0o
Zo=<�
~
�zo
aao0
W ~ w
V¢�wz
Y a a z
w z o
�ZE
Q�Ycc
w a
o m z
o
w
w
cc cc z�cc
F" aZYU
Zin W W
a
a
o v H > u
o 0 ¢
Ja
0zuz w0 Z
H — H U v~
u w � Qu v,
JWNo 3� a
W?mx O 10
z z a -0 > z
o H p
OOuO� °'z zu
z —
o
0
g�zQ Zv, �o
d
O J O N Q 0
m o z w� 0 0u z 0
,e'^ W
W? EE p a z
o W 0 u w O O
Y Y m= 7 0
o 0 0= WO
z 0 0 0 0= 0 O
o m�
�ao�a��Ya<u
--: x u z o
gm¢aoxJ
Ww�zu zpz
�J pw 01^a�wvWi
a O d o Z 0
�mu� z�¢a00
W zom z
O a�� `'^�x�00
� 0,=oz~LLzaa
at�JO`^�N� �Z
�0Q�Zz�J?w�
J p O 2 W r o z 2'
WY V Z Va U � 3Z H
W
N m V vi
Flo N
0 r^'
m �
N
N LL
6^^P'NOIll310Nd 301901 t110� OLZ\shed wi pueµaM-w earls\9MO\OtlJ\R6iau3 bVu yo1 plo ansodsa adid peon Fo»w IbZ-wivap I.b505fZZ\ZZOZ\sl�alwd\OSf I-a11o4 a4�\�1 �41ed 6ui,He�O
III
III E
VNIIO'dVD HAON 'A1NnOD 113MO4DN
12 nSOdX3 3dld aVO2 AODDN Lt F-N - 60SZLd
S1DVdINI CINVl13M?8 NVDAS
#
w
N#
N
^
o
w
Q
aoaiva
�u�aoaai
o
N
LL
g
o
¢
m
LL
z
0 0 0
o¢
m Q
w
Z z
00
v ��
^gig = >
z ��
Zd
a
`c
: ci
OQ
v1
w
Q ��
2~ lZ7
OHQ O O
w
0
a>
¢
uY
u
J
J
N
Ow-
O J
O
N° Hz
U
~ w
a
w �
°E z�>a
Ua� z�o_a�
J�z
z pT
�Z Z
=
ZwH
- Jp
0¢
Z
U m
0Q
a Z
ww¢Zp
��O J -Hp
" y
w
cc
ALL?
�ouo�
u a >wa
aaw oGo�w
g oz0=
z
z Z
0=z
aYpC7�
F-z zad�
Z�Ox
Q
`^pmma
m ¢��
I
a
x
°= a¢
0 F- z
w
=
H
M
w
w
m N
w Z w Z w
w w° y o 0
O O d'
Ou
N 0 >
~
o
m O
�z
�0
Z
Q
z w, 0 z
z��z„>,
> 0> 0< a 0 v~-i
0 0
Q 0
u
o
Z
-��:„Onw
vaiauux00=0
t 0w0a
:E zz
vi0�
a
za
J
c0-0~pw
700w�Q
a
Z<
Q�aQ
Z 0 Z
°Oz
U
�
a
u,
�
a
ooDpL
a0�
uTC)
n
_°
uoooZ
vZz
�
a
o o
=�wN62mo,
Z
z z
0
Vc00
O�o
woo
woz¢z w00
CNao�)
H
p>
w�
00�
°moa
w¢¢
OU
C,
¢~Ow0
OZdZ
0
_
.
00i�
uo=:L—
0
Q Q
Oz
LLQ
z Omm�Oa
w
Wo
¢pm
x0
00l2,l~. -Z"¢EOO
J
x�z�za=z0wW
DEO
U wO Om
,ain-OZw�
z
0
a
i�03p
p��WO
d
a.Z=
OO'0
Ou
o
OOu
0zH
u?a
ma
mp
O
uo¢?m
�
dO
wwZp¢�s
z
IW^
O-
- -
0
V N
M V vl
16 r OJ 6i -
N M
¢
om z
w
w
m
0
a
G°
d
ao 4
din v
z
H
00
O
0
w
u Y
w
w
N l7
0
w
0
Z
U Y n
I
I
0�
o°\
m
o>
ao
— JO
-00
, 3:
pinrn
�"u �"'
I
I
I Yw
I 00
�LL? I�
y:i
goo
zJm�
0
�LLz COI
_?
I
I
I
a I
i
�M
I
0
�z
WMHO
I
'
0
OZ
a
W
a
.a
w
MOId
WH3a1S Z
(n
�NH8d0301
p
r4
WNV9 d0 d01
I
v
I
z
I
x�m
I
z ==o
m �°o
W
r
o
I
I
z�F6L�
W�
z�
----
w=<>
a¢�¢
O W� w
� p
O W
owe
3�0�30
�� w
m
�0�
Z
2
Z a
g O
¢
¢
0
6Mp'3 Dot q A QdW 0bZ\,l d., pueµaM-weals\9MO\dtlJ\R6iau3 o,- yoj plo --d- adid p-, Fo»6--o
Appendix IV
NCNHP and USFWS IPaC Reports
oul�
.
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
In Reply Refer To: August 28, 2023
Project Code: 2022-0082332
Project Name: McCoy Road Pipe Exposure Repair
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. Effects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other
08/28/2023
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
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".
08/28/2023
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
(828) 258-3939
08/28/2023
4
PROJECT SUMMARY
Project Code: 2022-0082332
Project Name: McCoy Road Pipe Exposure Repair
Project Type: Distribution Line - Maintenance/Modification - Below Ground
Project Description: Repair gasline exposed in streambed.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www. google.com/maps/(a)35.653419099999994,-82.12774261075941,14z
PAP
Counties: McDowell County, North Carolina
08/28/2023 5
ENDANGERED SPECIES ACT SPECIES
There is a total of 6 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
Gray Bat Myotis grisescens
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis subflavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
REPTILES
NAME
STATUS
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:Hecos.fws.gov/ecp/species/6962
08/28/2023
H.
INSECTS
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME
Small Whorled Pogonia Isotria medeoloides
Population:
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1890
STATUS
Candidate
STATUS
Threatened
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.
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.
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
08/28/2023
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 Aug 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https:Hecos.fws.gov/ecp/species/1626
Canada Warbler Cardellina canadensis Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 10
and Alaska.
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.
Golden -winged Warbler Vermivora chrysoptera Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20
and Alaska.
https:Hecos.fws.gov/ecp/species/8745
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
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.
08/28/2023
E3
NAME
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
PROBABILITY OF PRESENCE SUMMARY
BREEDING
SEASON
Breeds May 10
to Aug 31
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
08/28/2023 9
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Non -BCC e 1111 gill Jill 11-4-++++++-11 Jill Jill Jill Jill Jill Jill
Vulnerable
Canada Warbler +-- + 111 IS Jill 11++
BCC Rangewide ---- � +--+ --+ + +--- — — — — — — — — ----
(CON)
Chimney Swift — —+— +��i Ilii 1-4-11 Jill 1�% Jill +
BCC Rangewide ' —'
(CON)
Eastern Whip -poor- — — — -
-+-- +--+ --'+ Jill Jill Jill III+ +
Will �-- ---- ---- ----
BCC Rangewide
(CON)
Golden -winged Warbler +�— + Jill Jill III —
BCC Rangewide
(CON)
Kentucky Warbler 11 Jill Jill 1111
BCC Rangewide +--+ -- +�-- ---- ---- ----
(CON)
Red -headed ----
Woodpecker
BCC Rangewide
(CON)
Wood Thrush __--+-- '''' '+1�11 Jill Jill
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/avoidins7-and-minimizinv--incidental-take-mis7ratorv-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
08/28/2023
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?
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
08/28/2023 11
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.
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 Loring.
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
08/28/2023
12
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.
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 FORESTED/SHRUB WETLAND
• PF01A
08/28/2023
13
IPAC USER CONTACT INFORMATION
Agency: S&ME, Inc.
Name: Joey Lawler
Address: 9751 Southern Pine Blvd
City:
Charlotte
State:
NC
Zip:
28273
Email
jlawler@smeinc.com
Phone:
7046046474
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
oul�
.
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
In Reply Refer To: August 28, 2023
Project code: 2022-0082332
Project Name: McCoy Road Pipe Exposure Repair
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Technical assistance for'McCoy Road Pipe Exposure Repair'
Dear Joey Lawler:
This letter records your determination using the Information for Planning and Consultation
(IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on August 28, 2023, for
'McCoy Road Pipe Exposure Repair' (here forward, Project). This project has been assigned
Project Code 2022-0082332 and all future correspondence should clearly reference this number.
Please carefully review this letter. Your Endangered Species Act (Act) requirements are not
complete.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species' determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis. All information submitted by the Project proponent into
IPaC must accurately represent the full scope and details of the Project.
Failure to accurately represent or implement the Project as detailed in IPaC or the Northern
Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Answers to certain
questions in the DKey commit the project proponent to implementation of conservation
measures that must be followed for the ESA determination to remain valid.
Determination for the Northern Long -Eared Bat
Based upon your IPaC submission and a standing analysis, your project is not reasonably certain
to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15
days of the date of this letter that your IPaC-assisted determination was incorrect, this letter
verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat.
08/28/2023 IPaC Record Locator: 950-130970461
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species and/or critical habitat that also may occur in your Action area:
• Bog Turtle Glyptemys muhlenbergii Similarity of Appearance (Threatened)
• Gray Bat Myotis grisescens Endangered
• Monarch Butterfly Danaus plexippus Candidate
• Small Whorled Pogonia Isotria medeoloides Threatened
• Tricolored Bat Perimyotis subflavus Proposed Endangered
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species listed above. Note that if a new species is listed that may be affected by the
identified action before it is complete, additional review is recommended to ensure compliance
with the Endangered Species Act.
Next Step
Consultation with the Service is necessary. The project has a federal nexus (e.g., Federal funds,
permit, etc.), but you are not the federal action agency or its designated (in writing) non-federal
representative. Therefore, the ESA consultation status is incomplete and no project activities
should occur until consultation between the Service and the Federal action agency (or designated
non-federal representative), is completed.
As the federal agency or designated non-federal representative deems appropriate, they should
submit their determination of effects to the Service by doing the following.
1. Log into IPaC using an agency email account and click on My Projects, click "Search by
record locator" to find this Project using 950-130970461. (Alternatively, the originator of
the project in IPaC can add the agency representative to the project by using the Add
Member button on the project home page.)
2. Review the answers to the Northern Long-eared Bat Range -wide Determination Key to
ensure that they are accurate.
3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to
a concurrence letter. Download the concurrence letter for your files if needed.
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for the northern long-eared bat. However,
the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place before project implements any changes which are final or commits
additional resources.
08/28/2023 IPaC Record Locator: 950-130970461 3
If you have any questions regarding this letter or need further assistance, please contact the
Asheville Ecological Services Field Office and reference Project Code 2022-0082332 associated
with this Project.
08/28/2023 IPaC Record Locator: 950-130970461 4
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
McCoy Road Pipe Exposure Repair
2. Description
The following description was provided for the project'McCoy Road Pipe Exposure Repair':
Repair gasline exposed in streambed.
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)35.653419099999994,-82.12774261075941,14z
08/28/2023 IPaC Record Locator: 950-130970461
DETERMINATION KEY RESULT
Based on the answers provided, the proposed Action is consistent with a determination of "may
affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis
septentrionalis).
QUALIFICATION INTERVIEW
1. Does the proposed project include, or is it reasonably certain to cause, intentional take of
the northern long-eared bat or any other listed species?
Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to
research, direct species management, surveys, and/or studies that include intentional handling/encountering,
harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed
species?
No
2. Do you have post -white nose syndrome occurrence data that indicates that northern long-
eared bats (NLEB) are likely to be present in the action area?
Bat occurrence data may include identification of NLEBs in hibernacula, capture of
NLEBs, tracking of NLEBs to roost trees, or confirmed acoustic detections. With this
question, we are looking for data that, for some reason, may have not yet been made
available to U.S. Fish and Wildlife Service.
No
3. Does any component of the action involve construction or operation of wind turbines?
Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part
of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).
No
4. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
Yes
Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in
whole or in part?
No
08/28/2023 IPaC Record Locator: 950-130970461 6
6. Are you an employee of the federal action agency or have you been officially designated in
writing by the agency as its designated non-federal representative for the purposes of
Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?
Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and
to help determine whether an incidental take permit may be needed, respectively. This question is for information
purposes only.
No
7. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal
Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or
Federal Communications Commission (FCC) funding or authorizing the proposed action,
in whole or in part?
No
8. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?
No
9. Have you determined that your proposed action will have no effect on the northern long-
eared bat? Remember to consider the effects of any activities that would not occur but for
the proposed action.
If you think that the northern long-eared bat may be affected by your project or if you
would like assistance in deciding, answer "No" below and continue through the key. If you
have determined that the northern long-eared bat does not occur in your project's action
area and/or that your project will have no effects whatsoever on the species despite the
potential for it to occur in the action area, you may make a "no effect" determination for
the northern long-eared bat.
Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal
agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will
not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or
verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may
be affected by your project or if you would like assistance in deciding, please answer "No" and continue through
the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS
would be required if your action may affect another listed species or critical habitat. The definition of Effects of
the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-kU-
selected -definitions
No
10. [Semantic] Is the action area located within 0.5 miles of a known northern long-eared bat
hibernaculum?
Note: The map queried for this question contains proprietary information and cannot be displayed. If you need
additional information, please contact your State wildlife agency.
Automatically answered
No
08/28/2023 IPaC Record Locator: 950-130970461
11. Does the action area contain any caves (or associated sinkholes, fissures, or other karst
features), mines, rocky outcroppings, or tunnels that could provide habitat for hibernating
northern long-eared bats?
No
12. Does the action area contain or occur within 0.5 miles of (1) talus or (2) anthropogenic or
naturally formed rock crevices in rocky outcrops, rock faces or cliffs?
No
13. Is suitable summer habitat for the northern long-eared bat present within 1000 feet of
project activities?
(If unsure, answer "Yes.")
Note: If there are trees within the action area that are of a sufficient size to be potential roosts for bats (i.e., live
trees and/or snags >_3 inches (12.7 centimeter) dbh), answer "Yes". If unsure, additional information defining
suitable summer habitat for the northern long-eared bat can be found at: https://www.fws.gov/media/northern-
long-eared-bat-assisted-determination-key-selected-definitions
Yes
14. Will the action cause effects to a bridge?
No
15. Will the action result in effects to a culvert or tunnel?
No
16. Does the action include the intentional exclusion of northern long-eared bats from a
building or structure?
Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming
bats, it should be done according to established standards. If your action includes bat exclusion and you are
unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use
in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field
Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control
Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to
find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control
Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in
structures
No
17. Does the action involve removal, modification, or maintenance of a human -made structure
(barn, house, or other building) known or suspected to contain roosting bats?
No
08/28/2023 IPaC Record Locator: 950-130970461 8
18. Will the action cause construction of one or more new roads open to the public?
For federal actions, answer `yes' when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
No
19. Will the action include or cause any construction or other activity that is reasonably certain
to increase average daily traffic on one or more existing roads?
Note: For federal actions, answer `yes' when the construction or operation of these facilities is either (1) part of
the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding,
etc.). .
No
20. Will the action include or cause any construction or other activity that is reasonably certain
to increase the number of travel lanes on an existing thoroughfare?
For federal actions, answer `yes' when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
No
21. Will the proposed action involve the creation of a new water -borne contaminant source
(e.g., leachate pond pits containing chemicals that are not NSF/ANSI 60 compliant)?
No
22. Will the proposed action involve the creation of a new point source discharge from a
facility other than a water treatment plant or storm water system?
No
23. Will the action include drilling or blasting?
Yes
24. Will the drilling or blasting affect known or potentially suitable hibernacula, summer
habitat, or active year-round habitat (where applicable) for the northern long-eared bat?
Note: In addition to direct impacts to hibernacula, consider impacts to hydrology or air flow that may impact the
suitability of hibernacula. Additional information defining suitable summer habitat for the northern long-eared bat
can be found at: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key-selected-
definitions
No
25. Will the action involve military training (e.g., smoke operations, obscurant operations,
exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use)?
No
08/28/2023 IPaC Record Locator: 950-130970461
26. Will the proposed action involve the use of herbicides or pesticides other than herbicides
(e.g., fungicides, insecticides, or rodenticides)?
No
27. Will the action include or cause activities that are reasonably certain to cause chronic
nighttime noise in suitable summer habitat for the northern long-eared bat? Chronic noise
is noise that is continuous or occurs repeatedly again and again for a long time.
Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at:
https://www.fws. gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions
No
28. Does the action include, or is it reasonably certain to cause, the use of artificial lighting
within 1000 feet of suitable northern long-eared bat roosting habitat?
Note: Additional information defining suitable roosting habitat for the northern long-eared bat can be found at:
https://www.fws. gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions
No
29. Will the action include tree cutting or other means of knocking down or bringing down
trees, tree topping, or tree trimming?
Yes
30. Has a presence/probable absence summer bat survey targeting the northern long-eared bat
following the Service's Range -wide Indiana Bat and Northern Long -Eared Bat Survey
Guidelines been conducted within the project area? If unsure, answer "No."
No
31. Does the action include emergency cutting or trimming of hazard trees in order to remove
an imminent threat to human safety or property? See hazard tree note at the bottom of the
key for text that will be added to response letters
Note: A "hazard tree" is a tree that is an immediate threat to lives, public health and safety, or improved property
and has a diameter breast height of six inches or greater.
No
32. Are any of the trees proposed for cutting or other means of knocking down, bringing
down, topping, or trimming suitable for northern long-eared bat roosting (i.e., live trees
and/or snags >_3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities)?
Yes
33. [Semantic] Does your project intersect a known sensitive area for the northern long-eared
bat?
Note: The map queried for this question contains proprietary information and cannot be displayed. If you need
additional information, please contact your state agency or USFWS field office
Automatically answered
No
08/28/2023 IPaC Record Locator: 950-130970461 10
34. Will all tree cutting/trimming or other knocking or bringing down of trees be restricted to
the inactive season for the northern long-eared bat?
Note: Inactive Season dates for summer habitat outside of staging and swarming areas can be found here: https//
www.fws. gov/media/inactive-season-dates-swarming-and-staging-areas.
Yes
35. Will the action cause trees to be cut, knocked down, or otherwise brought down across an
area greater than 10 acres?
No
36. Will the action cause trees to be cut, knocked down, or otherwise brought down in a way
that would fragment a forested connection (e.g., tree line) between two or more forest
patches of at least 5 acres?
The forest patches may consist of entirely contiguous forest or multiple forested areas that
are separated by less than 1000' of non -forested area. A project will fragment a forested
connection if it creates an unforested gap of greater than 1000'.
No
37. Will the action result in the use of prescribed fire?
No
38. Will the action cause noises that are louder than ambient baseline noises within the action
area?
Yes
39. Will the action cause noises during the active season in suitable summer habitat that are
louder than anthropogenic noises to which the affected habitat is currently exposed?
Answer 'no' if the noises will occur only during the inactive period.
Note: Inactive Season dates for areas within a spring staging/fall swarming area can be found here: https.//
www.fws. gov/media/inactive-season-dates-swarming-and-staging-areas.
Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at:
https://www.fws. gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions
No
08/28/2023 IPaC Record Locator: 950-130970461
11
PROJECT QUESTIONNAIRE
Enter the extent of the action area (in acres) from which trees will be removed - round up
to the nearest tenth of an acre. For this question, include the entire area where tree removal
will take place, even if some live or dead trees will be left standing.
0.7
In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the
inactive (hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring
staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-swarming-and-
staging-areas
0.0
In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the
active (non -hibernation) season for northern long-eared bat? Note: Inactive Season dates for
spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-
swarming-and-staging-areas
0.0
Will all potential northern long-eared bat (NLEB) roost trees (trees >_3 inches diameter at
breast height, dbh) be cut, knocked, or brought down from any portion of the action area
greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple
areas, select `Yes' if the cumulative extent of those areas meets or exceeds 0.1 acre.
Yes
Enter the extent of the action area (in acres) from which all potential NLEB roost trees will
be removed. If all NLEB roost trees will be removed from multiple areas, entire the total
extent of those areas. Round up to the nearest tenth of an acre.
0.07
For the area from which all potential northern long-eared bat (NLEB) roost trees will be
removed, on how many acres (round to the nearest tenth of an acre) will trees be allowed
to regrow? Enter `0' if the entire area from which all potential NLEB roost trees are
removed will be developed or otherwise converted to non -forest for the foreseeable future.
0.1
Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which
all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought
down?
Yes
Will all project activities by completed by April 1, 2024?
Yes
08/28/2023 IPaC Record Locator: 950-130970461 12
IPAC USER CONTACT INFORMATION
Agency:
S&ME, Inc.
Name:
Joey Lawler
Address:
9751 Southern Pine Blvd
City:
Charlotte
State:
NC
Zip:
28273
Email
jlawler@smeinc.com
Phone:
7046046474
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Appendix V
Restoration Plan
General Restoration Plan
Dominion Energy North Carolina Line M-241 Exposure
Old Fort, McDowell County, North Carolina
The proposed project has been designed to avoid and minimize jurisdictional impacts where practicable. As
part of mitigation for unavoidable impacts, the following plan shall be implemented to restore temporarily -
affected wetlands and streams. This plan entails restoration of temporarily -disturbed streambanks and
wetland areas to their original contours and conditions to the degree practicable upon project completion.
Unless otherwise authorized by the appropriate permits, no fills or spoils of any kind will be permanently
placed within wetlands or along streambanks. Further, disturbed streambanks will be permanently stabilized
using coir matting (with no plastic or nylon) and native vegetative cover.
Proposed restoration activities will include the removal of placed fill material and restoration of original pre -
disturbance contours. Excavated material shall be returned to the trench to the extent possible, and
remaining excess material relocated and retained on an upland site. Excavated topsoil or streambed substrate
will be stockpiled separately, kept viable, and then replaced uniformly over the area of excavation from which
it was removed. The native seed mix identified in Table 1 below will be utilized at temporarily -disturbed
streambanks and wetland areas.
Table 1: North Carolina Mountains Riparian
Name
Panicum virgatum
Mix
PercentageScientific
Common Name of Mix
Switchgrass 23.0
Sorghastrum nutans
Indiangrass
23.0
Andropogon gerardii
Big Bluestem
20.8
Elymus virginicus
Virginia Wildrye
20.0
Chamaecrista fasciculata
Partridge Pea
3.0
Rudbeckia hirta
Blackeyed Susan
3.0
Asclepias incarnata
Swamp Milkweed
2.0
Helenium autumnale
Common Sneezeweed
1.0
Heliopsis helianthoides
Oxeye Sunflower
1.0
Pycnanthemum tenuifolium
Narrowleaf Mountainmint
0.7
Aster puniceus
Purplestem Aster
0.5
Eupatorium perfoliatum
Boneset
0.5
Monarda fistulosa
Wild Bergamot
0.5
Solidago odora
Licorice Scented Goldenrod
0.5
Vernonia noveboracensis
New York Ironweed
0.5
100
The North Carolina mountains riparian mix is to be applied to the disturbed wetland areas and along
streambanks. The recommended application rate is 20 pounds per acre with a cover crop. To provide quicker
cover, the mix specified in Table 1 should also be augmented with the appropriate cover/companion species,
as identified in Table 2.
Table 2: Cover/Companion Species
Substitutions to the native seed mix identified in this restoration plan may be made with prior approval. Any
substitutions shall continue to consist of appropriate native species. In the event of a discrepancy, the
specifications of the Erosion and Sediment Control (E&SC) Plan shall govern.
Additional information related to restoration activities is included on the construction drawings.
The native seed mix (ERNMX-304) can be obtained from:
Ernst Seeds
8884 Mercer Pike
Meadville, Pennsylvania 16335
1-800-873-3321
814-336-2404
sales@ernstseed.com
Appendix VI
Mitigation Credit Availability Letter
ROY COOPER
Covernor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
Director
Bobby Lepsic
Dominion Energy North Carolina
2020 Energy Drive
Apex, NC 27502
Project: DENC Line M-241 Exposure
NORTH CAROLINA
Environmental Quality
August 29, 2023
Expiration of Acceptance: 2/29/2024
County: McDowell
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Catawba
03050101
Riparian Wetland
0.136
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly.Williams@ncdenr.gov.
Sincerely,
FOR James. B Stanfill
Deputy Director
cc: Joey Lawler, agent
& North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699 1552
0M.1-12 rinLW merry 919.7Q7.$976