IPaC list, NLEB dkey-RCW dkey

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: September 08, 2023
Project Code: 2023-0126496
Project Name: Duke Energy Progress City of New Bern POD 6
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered

09/08/2023
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation-
handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-
we-do.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.

09/08/2023
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

09/08/2023
4
PROJECT SUMMARY
Project Code: 2023-0126496
Project Name: Duke Energy Progress City of New Bern POD 6
Project Type: Distribution Line - Maintenance/Modification - Above Ground
Project Description: transmission line work
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)34.9991013,-77.05382465,14z
O
Counties: Craven County, North Carolina

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ENDANGERED SPECIES ACT SPECIES
There is a total of 11 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.
►AF-11►AIAA/_11IW
NAME
STATUS
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
BIRDS
NAME
STATUS
Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/10477
Red Knot Calidris canutus rufa
Threatened
There is proposed critical habitat for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614

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REPTILES
NAME
STATUS
American Alligator Alligator mississippiensis
Similarity of
No critical habitat has been designated for this species.
Appearance
Species profile: https:Hecos.fws.gov/ecp/species/776
(Threatened)
Green Sea Turtle Chelonia mydas
Threatened
Population: North Atlantic DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6199
Leatherback Sea Turtle Dermochelys coriacea
Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/1493
AMPHIBIANS
NAME
STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6772
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2747
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.

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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 Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds 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)
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.

09/08/2023
NAME
BREEDING
SEASON
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9587
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Brown -headed Nuthatch Sitta pusilla
Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA
Chimney Swift Chaetura pelagica 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 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20
and Alaska.
Henslow's Sparrow Ammodramus henslowii Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/ecp/species/3941
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.
Prairie Warbler Dendroica discolor
Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea
Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project

09/08/2023
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 ( i)
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:
1. 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.
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.

09/08/2023 10
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
American Kestrel +,+, ++,+ +++++++ ++++ ++++ ++++ ++++
BCC - BCR
Bald E
Non -BCC e T I T 11�11 Jill Jill o+++ ++++ ++++ +++m ++++ ++++ j7jJ Jill
Vulnerable
Brown -headed 1111 11i1 1111 11'1 11jj J111 111+,111 1111 1111 1'11 1111
Nuthatch
BCC - BCR ____
Chimney Swift7r_ ____ ____ ____ ____ _ --
BCC Rangewide ++++ ++++ ++++,$,+ ",$ „"""
+' ,+++ ,+ +,++ ++ ++ ++++
(CON)
Eastern Whip -poor -
Will ++++ ++++ +++11011 16� I I I i j jI Ili+ ++++ ++++ ++++ ++++
BCC Rangewide
(CON)
Henslow's Sparrow
BCC Rangewide I +++ ++++ ++++ + I I I III + ++++ ++++ ++++ ++++ ++++ ++++
(CON)
Kentucky Warbler ++++ ++++ ++++
BCC Rangewide +++I IRI 11++ ++++ ++++ ++++ ++++ ++++ ++++
(CON)
Prairie Warbler
BCC Rangewide ++ I I I I I I + 1+++ ++++ 11++ ++++ ++1+ ++++ ++++
(CON)
Prothonotary + ++++ ++ ++ ++++
Warbler ++++ ++++ +++ ,
Jill
1111 11'l 1111 11+ +++
BCC Rangewide
(CON)
Red-headed +'++ +'+„+++ +I I�ii ii:i ii�l 11111111111+ +1++ 1+1+
Woodpecker
BCC Rangewide --- ---- ---- --
(CON)
Wood Thrush BCC Rangewide ++++ ++++ ++++ ,+Jj i+i+ ++i+ ,',+ ++++ ++++ ++++ ++++ ++++
(CON) === ==== ==== =ENE
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-minimizins7-incidental-take-mis7ratorv-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures. pdf

09/08/2023
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

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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

09/08/2023
13
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.

09/08/2023
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Stuart Bryan
Address:
2401 Brentwood Road, Suite 107
City:
Raleigh
State:
NC
Zip:
27604
Email
[e-mail]
Phone:
9122201893

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: September 08, 2023
Project code: 2023-0126496
Project Name: Duke Energy Progress City of New Bern POD 6
Federal Nexus: no
Federal Action Agency (if applicable):
Subject: Technical assistance for 'Duke Energy Progress City of New Bern POD 6'
Dear Stuart Bryan:
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 September 08, 2023,
for 'Duke Energy Progress City of New Bern POD 6' (here forward, Project). This project has
been assigned Project Code 2023-0126496 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.

09/08/2023 IPaC Record Locator: 848-131513567
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:
• American Alligator Alligator mississippiensis Similarity of Appearance (Threatened)
• Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened
• Green Sea Turtle Chelonia mydas Threatened
• Leatherback Sea Turtle Dermochelys coriacea Endangered
• Monarch Butterfly Danaus plexippus Candidate
• Neuse River Waterdog Necturus lewisi Threatened
• Red Knot Calidris canutus ru fa Threatened
• Red -cockaded Woodpecker Picoides borealis Endangered
• Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
• 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
Coordination with the Service is complete. This letter serves as technical assistance. All
conservation measures should be implemented as proposed. Thank you for considering federally
listed species during your project planning.
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.
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2023-0126496 associated
with this Project.

09/08/2023 IPaC Record Locator: 848-131513567
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Duke Energy Progress City of New Bern POD 6
2. Description
The following description was provided for the project'Duke Energy Progress City of New Bern
POD 6':
transmission line work
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)34.9991013,-77.05382465,14z
O

09/08/2023 IPaC Record Locator: 848-131513567 4
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. Your project overlaps with an area where northern long-eared bats may be present year-
round. Time -of -year restrictions may not be appropriate for your project due to bats being
active all year.
Do you understand that your project may impact bats at any time during the year and time -
of -year restrictions may not apply to your project?
Yes
3. 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
4. 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
5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
No

09/08/2023 IPaC Record Locator: 848-131513567
6. [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
7. 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
8. 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
9. 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
10. Will the action cause effects to a bridge?
No
11. Will the action result in effects to a culvert or tunnel?
No
12. 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

09/08/2023 IPaC Record Locator: 848-131513567
13. 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
14. 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
15. 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
16. 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
17. 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
18. 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
19. Will the action include drilling or blasting?
Yes
20. 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

09/08/2023 IPaC Record Locator: 848-131513567
21. 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
22. Will the proposed action involve the use of herbicides or pesticides other than herbicides
(e.g., fungicides, insecticides, or rodenticides)?
No
23. 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
24. 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
25. Will the action include tree cutting or other means of knocking down or bringing down
trees, tree topping, or tree trimming?
Yes
26. 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
27. Your project overlaps with an area where northern long-eared bats may be present year-
round. To minimize or avoid impacts to the northern long-eared bat, all activities affecting
trees should not occur from December 15th to February 15th and April 15th to July 30th.
Will any project activites occur from December 15th to February 15th and/or April 15th to
July 30th.
No
28. Will the action cause trees to be cut, knocked down, or otherwise brought down across an
area greater than 1 acre?
No
29. Will the action result in the use of prescribed fire?
No

09/08/2023 IPaC Record Locator: 848-131513567
30. Will the action cause noises that are louder than ambient baseline noises within the action
area?
No

09/08/2023 IPaC Record Locator: 848-131513567
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.
0.1
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.
0.1
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?
No

09/08/2023 IPaC Record Locator: 848-131513567 10
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Stuart Bryan
Address:
2401 Brentwood Road, Suite 107
City:
Raleigh
State:
NC
Zip:
27604
Email
[e-mail]
Phone:
9122201893

RCW SLOPES Manual — North Carolina
March 2022
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11

RCW SLOPES Manual — North Carolina
March 2022
US Army Corps
of Engineers..
Appendix B — Red -cockaded Woodpecker Effects Determination Key
ORM2 No.: Date 9/8/23
Corps # SAW-2023-01556
USFWS Reference No. (if applicable): Project Code: 2023-0126496— Official Species list
1) Is the action areal located within the RCW consultation area (see Appendix A and project -specific
results from a project -specific IPaC or internal USACE GIS review)?
a)'44.....................................................................................................................................................go to 2
b) No...................................................................................................................................................No effectZ
2) Is the action areal located in the northeastern coastal plain (see Appendix A)?
a) Yes.......................................................................................................................................................go to 3
b) N-) (the project is located in piedmont, sandhills, or southeastern coastal plain)..................go to 4
3) Is the action areal located in a forested area with pine trees present in northeast North Carolina (e.g.,
high pocosin, Atlantic white cedar, nonriverine swamp forests, pond pine woodland, coastal fringe
evergreen forest, wet successional pine/pine-hardwood forest, or pine plantation or uplands)? If yes,
are the pine trees greater than 30 years of age (if stand age is not readily determined, refer to Table
1 for a description of the minimum dbh of 30-year-old pines associated with each community type).
If the answer to both of these questions is yes, choose Yes below. If the answer to one or both
questions is no, then choose No below.
a) Yes.......................................................................................................................................................go to 8
b) No...................................................................................................................................................No effectZ
4) Is the action areal located within suitable RCW foraging or nesting habitat (pine or pine/hardwood
stands in which 50% or more of the dominant trees are pines and the dominant pine trees are 30
years of age or older or >_8-inches dbh')?
a) Yes................................................................................................................................................
b) `I Q................................................................................................................................................ o effectZ
5) Will any activity in the action area' remove trees equal to or greater than 8 inches dbh; or will any
activity occur within 200 feet of known RCW cavity trees? If unable to determine the location of a
cavity tree with confidence, contact the USFWS Raleigh Ecological Services Field Office.
a) Yes (to one or both).........................................................................................................................go to 6
b) No.........................................................................................................................................................NLAA'
12

RCW SLOPES Manual — North Carolina
March 2022
6) Is the action areal located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or
pine/hardwood stands that contain pines 60 years in age or older or >_10 inches dbh; in the
southeastern coastal plain: pine or pine/hardwood stands that contain pines >_8 inches dbh, including
but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)?
a) Yes........................................................................................................................................................go to 9
b) No.........................................................................................................................................................go to 7
7) Does suitable nesting habitat occur within 0.5 miles of suitable foraging habitat that would be
impacted by any activity in the action areal?
a) Yes......................................................................................................................................................go to 9
b) No.........................................................................................................................................................NLAA'
8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action areal.
Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in
the action areal, or is the action areal within 200 feet of a cavity tree? If the answer to either of these
questions is yes, choose Yes below. If unable to determine the location of a cavity tree with
confidence, then contact the USFWS Raleigh Field Office.
a) Yes......................................................................................................................................................go to 9
b) No.........................................................................................................................................................NLAA'
9) Contact the appropriate USACE representative for a pre -application meeting to determine if a survey
is necessary (for a list of USACE representatives please see the contact list at http://saw-
reg.usace.army.mil/FO/PM List.pdf). Note that project -specific information, such as a delineation of
waters of the U.S., project plans, and details concerning certain activities on disturbances that would
occur in the action areal (e.g. percussive activities, forest management, or similar disturbances), may
be needed for the USACE to determine the action area(s)l of the project. If a survey is required and
agreed to by the applicant, all suitable RCW nesting habitat within 0.5 miles of the action areal should
be surveyed according to USFWS protocol for the presence of RCW cavity trees'. If the applicant is
unwilling or unable to conduct the survey, standard consultation with the USFWS should begin. Such
surveys are conducted by running line transects through stands and visually inspecting all medium-
sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all
trees are inspected and are run north -south.
Was a survey performed?
a) Yes, a survey was performed, and RCW cavity trees were observed.......................................go to 10
b) Yes, the survey was submitted to the USFWS for concurrence, and the USFWS concurred with the
results (no RCW cavity trees were observed)................................................................................NLAA'
c) No, the USACE determined that a survey was not required and the USFWS
concurred.............................................................................................................................................NLAA'
d) No, a survey was not performed..........................................................................Consultation required'
10) Does the project involve activities or disturbances in the action areal (e.g., percussive activities, forest
management, or similar disturbances) within the 200-foot cavity tree buffer, and/or cause removal or
damage to RCW cavity trees (e.g., via root compaction, soil compaction)? If yes to either or both then
consultation is required.
a) Yes............................................................................................................................Consultation required'
b) No......................................................................................................................................................go to 11
13

RCW SLOPES Manual — North Carolina
March 2022
11) Has a foraging habitat analysis (FHA)' been conducted to determine whether enough foraging habitat
would remain for each RCW group post -project? For information on how to conduct an FHA', refer to
the "Procedures for Determining Foraging Habitat Availability" and the Private Land Guidelines.'
a) Yes, the FHA' has been submitted to the USFWS for concurrence' and the USFWS concurred
that adequate amounts of foraging habitat would remain post -project ................................. NLAA3
b) Yes, and review of the FHA' by the USACE along with concurrence from USFWS determined
inadequate amounts of foraging habitat would remain post -project......... Consultation required'
c) No, an FHA' has not been conducted...............................................................Consultation required'
'Action Area means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved
in the action. Please contact the appropriate USACE representative for any questions as to the action area for the Federal action.
For a list of USACE representatives, please see the contact list at: http://saw-reg.usace.army.mil/FO/PMList.pdf.
2No effect — The proposed project would result in no effect to this species and/or its federally designated critical habitat (if
applicable). Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is not necessary for the
project as described.
3NLAA—The proposed project may affect but is not likely to adversely affect this species and/or its designated critical habitat (if
applicable). NLAA determinations for projects made pursuant to this key require no further consultation with the USFWS Raleigh
and Asheville Ecological Services field offices, therefore, consultation is considered complete for this species. For General Permits,
submittal of a Pre -Construction Notification to the USACE will be required for all NLAA determinations.
4Follow link to USFWS RCW Recovery Plan, Appendix 4 for additional information on nesting and foraging habitats, and survey
protocol (https://www.fws.gov/rcwrecoverv/files/RecoveryPlan/survey protocol.pdf)
-'Consultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the
contact list at http://saw-reg.usace.army.mil/FO/PMList.pdf. Further consultation with the USFWS Raleigh and Asheville
Ecological Services field offices is necessary to discern if the activity would result in a "no effect," "not likely to adversely affect,"
or "likely to adversely affect" determination.
6Follow links for additional information on conducting FHA (https://www.fws.gov/rcwrecoverv/matrix.html) and for
determining foraging habitat availability (https://www.fws.gov/ncsandhills/files/fha data collection procedures.pdf).
'Follow link for additional information regarding determination for adequate amount of foraging habitat
(https://www.fws.gov/rcwrecoverv/files/RecovervPlan/private lands guidelines.pdf).
a FHA — When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence.
Additional Information
14

RCW SLOPES Manual — North Carolina
March 2022
Appendix C — Conservation Recommendations
These recommendations are optional and, if implemented, would support the agency's goals toward
recovery. These recommendations are to be used at the discretion of the permittee, but any measures that
avoid and minimize effects to the species are highly encouraged by the USFWS.
1. Minimize project impacts within clusters and foraging habitat whenever possible (i.e., conduct large
pine removal outside of nesting season [April 1 to July 31], trim branches instead of complete tree
removal, switch building plans to retain large pines).
2. The USFWS strongly recommends that occupied habitats be avoided and preserved. The first measure
is to modify the project footprint to avoid direct impacts to RCW habitat. This habitat could be
designated as an environmentally sensitive area and set aside by deed restriction, easement, or
another protective covenant. If the occupied habitat on the property exceeds 5 acres (2 hectares),
then a habitat management plan is also recommended. Incorporating these recommendations into
the project design and documenting them in the habitat management plan might result in the project
being not likely to adversely affect the RCW.
3. On -site habitat enhancements are recommended by the USFWS in situations where a project
proposes to impact occupied RCW habitat. If the site has been physically altered by exotic species
invasion, lack of fire, or other anthropogenic actions, these alterations have produced on -site habitat
conditions that have resulted in marginally suitable habitats for RCW's survival and propagation. The
planned action, through project redesign, has avoided impacting a substantial portion of the habitat;
however, some habitat loss will still occur. The project proposes on -site habitat enhancements and
management actions that provide habitat quality improvements that balance losses of small amounts
of marginally suitable habitats. Incorporating these recommendations into the project and
documenting them in a habitat management plan can result in the project being not likely to adversely
affect the RCW.
4. Remove vines and thick underbrush/mid-story to improve site suitability.
5. Provision starts and/or completed cavities in suitable large pines to provide additional housing
opportunities to an RCW cluster.
15