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HomeMy WebLinkAbout20231396 Ver 1_Draft_ECR_DukeLenoir_20230802_Optimized_20231012ENVIRONMENTAL CONSTRAINTS REPORT 3803 Eller Court Caldwell County, North Carolina Duke Energy Distribution No.:47218822 KCI Technologies Inc. 38 Rosscraggon Rd. Suite E Arden, NC 28704 August 2023 ENVIRONMENTAL CONSTRAINTS REPORT 3803 Eller Court Caldwell County, North Carolina Duke Energy Distribution No.:47218822 Prepared by: AECOM Technical Services, Inc. 5438 Wade Park Boulevard, STE 200 Raleigh, NC 27607 AECOM Project# 60710695 Prepared for: KCI Technologies Inc. 38 Rosscraggon Rd. Suite E Arden, NC 28704 August 2023 Environmental Constraints Report 3803 Eller Court Duke Energy i August 2023 TABLE OF CONTENTS 1.0 INTRODUCTION ..............................................................................................................1 2.0 METHODOLOGY.............................................................................................................1 3.0 BACKGROUND RESEARCH FINDINGS ......................................................................2 4.0 FIELD INVESTIGATION FINDINGS ............................................................................4 4.1.1 Maintained/Disturbed.............................................................................................4 4.2.1 Streams ..................................................................................................................5 4.2.2 Wetlands ................................................................................................................5 5.0 ENDANGERED SPECIES ACT PROTECTED SPECIES .............................................6 6.0 CULTURAL RESOURCES ............................................................................................ 12 7.0 CONCLUSION AND RECOMMENDATIONS ............................................................. 13 8.0 REFERENCES................................................................................................................. 14 Environmental Constraints Report 3803 Eller Court Duke Energy ii August 2023 Appendix A. Figures Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Orthoimagery Map Figure 4. Soils Map Figure 5. NWI and Streams Map Figure 6. FEMA Map Figure 7. Delineated Aquatic Resources Map Figure 8. County Soil Survey Map Appendix B.Threatened and Endangered Species Lists Appendix C.Wetland and Stream Data Forms Appendix D. Representative Photographs LIST OF TABLES Table 1. NRCS Mapped Soils in the Study Area ..........................................................................3 Table 2. Study Area Watershed ...................................................................................................4 Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 1 1.0 INTRODUCTION Duke Energy Carolinas (DEC) is proposing a reconduct project in Caldwell County, North Carolina (Appendix A,Figure 1 and Figure 2). The study area is located within an existing transmission line right-of-way that runs parallel to Highway 64 (Appendix A,Figure 1). The study area is approximately 1.4 miles long and is 30-feet wide. AECOM Technical Services, Inc. (AECOM) was retained by DEP to provide the following services: •A delineation of wetlands and streams for Parcel 0013105; •Collection of data using a sub-meter accuracy Global Positioning System unit; •A habitat evaluation of federal and state-listed protected species; •A determination of the applicability of riparian buffer rules; •A report documenting the natural resources within the project site; •A preliminary jurisdictional determination request package The following environmental constraints analysis has been prepared to assist DEP in their preliminary planning, so that construction activities may attempt to avoid or minimize impacts to environmental and cultural resources identified within the study area. 2.0 METHODOLOGY AECOM performed background research prior to commencing fieldwork and additional research was conducted following completion of fieldwork. Research included publicly available information on soils, water resources, geology, mapped wetlands, cultural resources, and rare species. Sources included, but were not limited to, US Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) maps (USFWS, 2023), US Department of Agriculture (USDA) and WebSoilSurvey (USDA, 2023), the State’s Geographic Information System (GIS) hydrological data (NCDWR, 2023), the Federal Emergency Management Agency (FEMA) floodplain mapping (FEMA, 2023), the USFWS IPaC resource list (USFWS, 2023), and the NC Natural Heritage Program (NCNHP) database (NCNHP, 2023). On July 5, 2023 AECOM biologists surveyed the study area for jurisdictional Water of the US (WOUS), including wetlands. AECOM identified habitat types, vegetated wetlands, waterbodies, and other regulated special aquatic sites encountered. Wetlands were identified using the US Army Corps of Engineers (USACE) Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (Environmental Laboratory, 2012). The boundaries of all jurisdictional waters within the study area, if any, were demarcated using high visibility pink flagging. AECOM documented, using the most current USACE wetland determination data form, two sample plots for each vegetated representative wetland type: one in the wetland and one in the adjacent upland. AECOM classified the resource according to the USFWS Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, et al., 1979). AECOM mapped the location of each field-delineated boundary flag using a Global Positioning System (GPS) unit with sub-meter accuracy (Model: Trimble GeoExplorer 6000 Series GeoXH). Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 2 Field data was used in ArcGIS to produce tables and maps required for a USACE Jurisdictional Determination. The study area was categorized as maintained/disturbed due to the study area being located entirely in a maintained utility corridor. This community type was compared to the habitat preferences of any federally listed species. In addition, AECOM determined the presence or absence of all Element of Occurrences (EOs), if any, documented by the NCNHP in the study area (Appendix B). 3.0 BACKGROUND RESEARCH FINDINGS 3.1 Study Area Setting The study area is geographically situated within the Northern Inner Piedmont ecoregion of the Piedmont physiographic province of North Carolina (USEPA, 2002). Elevations in the study area range from approximately 1,026 feet above mean sea level (amsl) towards the western end of the study area to approximately 1,092 feet amsl towards the middle of the study area. (Appendix A, Figure 3). Land use in the study area primarily consists of suburban areas and agriculture. The study area parallels Morganton Blvd and is surrounded by pasture, undeveloped wooded land, and suburban residential homes. 3.2 Soils The Natural Resources Conservation Service (NRCS) web soil survey identifies six soil mapping units within the 6.6 acre study area (Table 1). These soils are shown on Figure 4,Appendix A. The majority of the soils in the study area are non-hydric and characterized as well drained. The primary soils found withing the study area are Fairview sandy clay loam (FaC2 & FaD2, 42.9%), Danripple sandy clay loam (DaB2 & DaC2, 38.9%), and Codorus loam (CnA, 17.9%). Codorus loam is somewhat poorly drained and characterized as a Hydric soil. Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 3 Table 1. NRCS Mapped Soils in the Study Area Soil Series Mapping Unit Drainage Class Hydric Status Acres Percent Codorus loam, 0 to 2 percent slopes, frequently flooded CnA Somewhat poorly drained Hydric, 5%1.2 17.9 Danripple sandy clay loam, 2 to 8 percent slopes, moderately eroded DaB2 Well drained Non-hydric 0.5 8.1 Danripple sandy clay loam, 8 to 15 percent slopes, moderately eroded DaC2 Well drained Non-hydric 2 30.8 Fairview sandy clay loam, 8 to 15 percent slopes, moderately eroded FaC2 Well drained Non-hydric 1.1 17.0 Fairview sandy clay loam, 15 to 25 percent slopes, moderately eroded FaD2 Well drained Non-hydric 1.7 25.9 Pfafftown loam, 2 to 6 percent slopes, rarely flooded PaB Well drained Non-hydric 0.0 0.4 Total 6.6 100.0 3.3 NWI Mapped Wetlands There is one mapped stream in the study area, Husband Creek (11-39-7-(2)). There are two mapped NWI freshwater wetlands the study area. A Freshwater Forested/Shrub wetland (PSS1C) which runs parallel to Morganton Blvd and appears to be connected to Husband Creek. An additional Freshwater Forested/Shrub wetland (PFO1C) runs parallel to Morganton Blvd and appears to connect to Husband Creek on the western side (Figure 5, Appendix A). 3.4 Floodplains Floodplains within the vicinity of the study area are mapped by FEMA on the Flood Insurance Rate Maps (Map No. 3710272700J, Panel No. 2727 – Effective Date July 7, 2009) (FEMA, 2023). There are several sections where the Flood Hazard Area is within the study area (Figure 6, Appendix A). 3.5 Watershed The study area is located within the Catawba River basin (USGS Hydrologic Unit 03050101). All surface waters in North Carolina are assigned a primary surface water classification by the North Carolina Division of Water Resources (NCDWR). The unnamed tributaries (UTs) to named streams share the same designation as the body of water to which they flow (Table 2). There are no designated anadromous fish waters or primary nursery areas present in the study area. There are no trout streams as designated by the North Carolina Wildlife Resources Commission Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 4 (NCWRC) or high-quality waters as designated by NCDWR in the study area or within a one-mile radius of the study area. One stream is within 1.0 mile of the study area and is listed on the 2022 Final 303(d) list of impaired waters. Lower Creek is included in the North Carolina final 2022 Category 5 Water Quality Assessments – 303(d) List and is the receiving water for the wetlands located in the study area. All streams within the study area drain to Lower Creek. Table 2. Study Area Watershed USGS HUC River Basin Nearest Named Stream NCDWR Index Number Primary Surface Water Classification 03050101 Catawba Husband Creek 11-39-7-(2)WS-IV Primary Surface Water Classification: WS-IV: Water Supply IV 3.6 Coastal Area Management Act Areas of Environmental Concern The study area is not located within one of the 20 coastal counties which are subject to the Coastal Area Management Act. 3.7 Rivers and Harbors Act Section 10 Navigable Waters Section 10 of the Rivers and Harbors Act protects navigable waters of the US. Navigable waters are defined as “those waters that are subject to the ebb/flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.” No surface waters are located in the study area and thus there are no Section 10 navigable waters within the study area. 4.0 FIELD INVESTIGATION FINDINGS 4.1 Terrestrial Communities One terrestrial communities was identified in the study area: maintained/disturbed. A brief description of the community type follows. 4.1.1 Maintained/Disturbed This community incorporates the cleared/maintained right-of-way for an existing transmission line. The right-of-way vegetation growth is periodically treated with herbicide to control the growth of woody vegetation underneath the existing transmission line. The transmission right-of- way is periodically treated with herbicide and contains mostly upland grasses and shrubs. Common upland plant species found along the right-of-way include blackberry (Rubus sp.), broom-sedge (Andropogon virginicus), dog fennel (Eupatorium capillifolium), muscadine (Vitis rotundifolia), goldenrod (Solidago sp.), greenbrier (Smilax rotundifolia), sweetgum (Liquidambar styraciflua), loblolly pine (Pinus taeda), and red maple (Acer rubrum). Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 5 Wetlands within this community were given the Cowardin classification of palustrine scrub-shrub wetland (PSS). Common wetland plants observed throughout this community include blackberry, sedges (Carex sp.), soft rush (Juncus effusus), woolgrass bulrush (Scirpus cyperinus), red maple, Japanese stilt grass (Microstegium vimineum), and sweetgum. 4.2 Aquatic Communities Five potential jurisdictional streams and one potential jurisdictional wetland were identified within the study area (Appendix A, Figure 7). Representative photographs are located in Appendix D. A brief description of aquatic communities follows. 4.2.1 Streams Four perennial streams and one intermittent stream were identified within the study area (Table 3) (Appendix A, Figure 7). Stream S1 is a perennial stream that corresponds with the location of a blue line stream mapped by USGS named Husband Creek. Stream S5 originates from a culvert running underneath the road and flows in a southwesterly direction. Stream S2 is an intermittent stream with poorly defined braided channels running parallel to the study area. The North Carolina Division of Water Quality (NCDWQ) North Carolina Methodology for Identification of Intermittent and Perennial Streams and Their Origins (NCDWQ, 2010) is utilized to determine stream flow regimes for surface waters located in the study area. This methodology is based on evaluations of hydrological, physical, and biological stream attributes. Table 3. Potential Jurisdictional Streams Identified Within the Study Area *Stream length evaluated includes the area of wetland that falls within the study area, as well as portions immediately adjacent to the study area, as delineated by AECOM. 4.2.2 Wetlands One wetland areas was identified within the study area (Table 4) (Appendix A, Figure 7). The wetland W1 is characterized as a Palustrine scrub-shrub (PSS) wetland owing to the fact that the wetland is located within an active powerline right-of-way and is frequently mowed/herbicide treated. USACE wetland determination data forms are included in Appendix C. The wetland is adjacent to an NWI mapped freshwater forested/shrub wetlands and is likely an extension of this feature. Nearest Named Stream Map ID Flow Regime Stream Length Evaluated (linear feet)* Stream Width (feet) Husband Creek S1 Perennial Stream 196.5 20’ Husband Creek S2 Intermittent Stream 349.7 2’ Husband Creek S3 Intermittent Stream 27.8 4’ Husband Creek S4 Perennial Stream 18.7 3’ Husband Creek S5 Perennial Stream 18.7 3’ Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 6 Table 4. Potential Jurisdictional Wetlands Identified Within the Study Area *Wetland area evaluated includes the area of wetland that falls within the study area, as well as portions immediately adjacent to the study area, as delineated by AECOM. 4.3 N.C. River Basin Buffer Rules Under the provisions of the Clean Water Act (CWA), the North Carolina Environmental Management Commission (EMC) has adopted riparian buffer rules pertaining to maintaining vegetated buffers around riparian areas as part of the Nutrient Sensitive Water Management Strategies for select watersheds of North Carolina. The buffer rule establishes a protected 50-foot wide riparian buffer directly adjacent to intermittent streams, perennial streams, lakes, ponds, and estuaries consisting of two zones. Zone 1 consists of a vegetated area that extends landward a distance of 30 feet on all sides of a surface water. Zone 2 begins at the outer edge of Zone 1 and extends landward 20 feet. Under the buffer rules, Zones 1and 2 are to remain essentially undisturbed, except for certain exempted and allowed uses. The buffer rules are administered by the NCDWR. The study area is not located within a watershed identified as subject to buffer regulations administered by the North Carolina Division of Water Resources, therefore no features are subject to the N.C. River Basin Buffer Rules. 5.0 ENDANGERED SPECIES ACT PROTECTED SPECIES AECOM Biologists performed a desktop analysis to evaluate the presence of federally and state listed species with the potential to occur in the study area. A list of federally listed endangered, threatened, or at risk species expected to be on or near the study area was obtained from the USFWS IPaC report. State-listed species, important natural communities, natural areas, and/or conservation areas in or within one mile of the study area were identified using the North Carolina Natural Heritage Program (NCNHP) Data Explorer server (NCNHP, 2023). Federally listed species and their habitats are protected under the authority of the Endangered Species Act of 1976 (ESA), as amended (16 U.S.C. 1531 et seq.). The North Carolina Endangered Species Act and the North Carolina Plant Protection and Conservation Act protect all state-listed species from either taking or possession. The analysis identified seven federally listed species (Table 4; Appendix B) and one state-listed species (NCNHP, 2023), totaling eight protected species with the potential to occur within one- mile of the study area. For each federally listed species included in the IPaC report, a discussion of the presence or absence of habitat is included below along with the biological determination rendered based on survey results in the study area. Map ID Cowardin Classification Hydrologic Classification Area (ac.)* W1 Palustrine scrub-shrub Riparian 0.24 Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 7 Table 5. IPaC List of Federally Protected Species for the Study Area Scientific Name Common Name Federal Status Habitat Present Biological Determination Mammals Myotis grisescens Gray bat E Yes May Affect, Not Likely to Adversely Affect Myotis septentrionalis Northern Long- eared bat E Yes May Affect, Not Likely to Adversely Affect Perimyotis septentrionalis Tricolored bat Proposed Endangered Yes None Required Corynorhinus (=Plecotus) townsendii virginianus Virginia Big-eared bat E Yes May Affect, Not Likely to Adversely Affect Reptiles Glyptemys muhlenbergii Bog turtle SAT No No Effect Flowering Plants Hexastylis naniflora Dwarf-flowered heartleaf T Yes No Effect Insects Danaus plexippus Monarch buterfly Candidate Yes None Required T – Threatened E – Endangered SAT – Similarity of Appearance, Threatened (SAT). Any species listed as threatened due to similarity of appearance with another species that is listed as threatened. Species listed under a similarity of appearance are not biologically endangered and are not subject to section 7 consultation. Tricolored Bat – Habitat present Gray bat USFWS Recommended Survey Window: May 15 - August 15 (NCDOT, 2019). Biological Conclusion: May Affect Not Likely to Adversely Affect The gray bat (Myotis grisescens) is a medium-sized insectivorous bat with an overall length of about 3.5 inches and a wingspan of 10 to 11 inches. As the name implies, gray bats have gray fur, but the hair often bleaches to reddish-brown by early summer. The Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 8 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. (USFWS, 2023). A field survey conducted by AECOM biologists on July, 2023 found a maintained transmission line right-of-way with early successional vegetation. Additionally, all of the perennial streams flow out of large culverts that pass under Highway 64. Because there will be no impact to the existing culvert structures within the study area, a May Affect Not Likely to Adversely Affect biological conclusion is recommended for this species. Tricolored bat USFWS Recommended Survey Window: April 15-September 15 (NCDOT, 2019). Biological Conclusion: None required The tricolored bat (Perimyotis subflavus) is one of the smallest bats native to North America. The once common species is wide ranging across the eastern and central United States and portions of southern Canada, Mexico and Central America. During the winter, tricolored bats are found in caves and mines, although in the southern United States, where caves are sparse, tricolored bats are often found roosting in road-associated culverts. During the spring, summer and fall, tricolored bats are found in forested habitats where they roost in trees, primarily among leaves. As its name suggests, the tricolored bat is distinguished by its unique tricolored fur that appears dark at the base, lighter in the middle and dark at the tip (USFWS, 2023). A field survey conducted by AECOM biologists on July, 2023 found a maintained transmission line right-of-way with early successional vegetation. However, numerous snags and tree species such as white oak (Quercus alba) were noted bordering the study area. Additionally, all of the perennial streams flow out of large culverts that pass under Highway 64. Because the tricolored bat is currently proposed for listing, candidate species are not legally protected pursuant to the ESA, therefore any actions undertaken to avoid impacts or provide protection for these species are voluntary. Northern long-eared bat USFWS Recommended Survey Window: year-round structure checks (NCDOT, 2019). Biological Conclusion: May Affect Not Likely To Adversely Affect Winter Habitat Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They use areas in various sized caves or mines with constant temperatures, high humidity and no air currents. Within hibernacula, surveyors find them hibernating most often in small crevices or cracks, often with only the nose and ears visible. Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 9 Spring, Summer and Fall Habitat During the summer and portions of the fall and spring, northern long-eared bats may be found roosting singly or in colonies underneath bark, in cavities or in crevices of both live trees and snags, or dead trees. Males and non-reproductive females may also roost in cooler places, like caves and mines. Northern long-eared bats seem to be flexible in selecting roosts, choosing roost trees based on suitability to retain bark or provide cavities or crevices. The species has also been found, although less commonly, roosting in structures, such as barns and sheds. Northern long-eared bats use forested areas not only for roosting, but also for foraging and commuting between summer and winter habitat. A field survey conducted by AECOM biologists on July, 2023 found a maintained transmission line right-of-way with early successional vegetation. However, numerous snags and tree species such as white oak (Quercus alba) were noted bordering the study area. Additionally, all of the perennial streams flow out of large culverts that pass under Highway 64. Because no tree clearing is likely to occur during June 1 through July 31, and the study area is not located within 0.25 miles of a known hibernacula, a biological conclusion of May Affect Not Likely To Adversely Affect is recommended for this species. Virginia Big-eared bat USFWS Recommended Survey Window: May 15 - August 15 (NCDOT, 2022). Biological Conclusion: May Affect Not Likely to Adversely Affect North Carolina’s population of Virginia big-eared bats lives in northern hardwood forests. Much of the population hibernates in a small cave on Grandfather Mountain. The number of bats using this cave increases during late summer and fall. Mating presumably occurs here. Many of the bats depart during February and March. The females move to a maternity colony near Beech Mountain, where they give birth in June (NCWRC 2023). A field survey conducted by AECOM biologists on July, 2023 found a maintained transmission line right-of-way with early successional vegetation. Additionally, all of the perennial streams flow out of large culverts that pass under Highway 64. Because there will be no impact to the existing culvert structures within the study area, a May Affect Not Likely to Adversely Affect biological conclusion is recommended for this species. Bog turtle USFWS Recommended Survey Window: April 1 - October 1 (NCDOT, 2022). Biological Conclusion: No Effect Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 10 The bog turtle inhabits wetland areas, such as wet meadows and bogs, including some in cattle pastures and beaver complexes in western North Carolina. It is an omnivorous reptile that feeds on worms, beetles, and snails along with various plant parts, including small berries. It is diurnal, meaning that it is active during the day and sleeps at night. Bog turtles typically become sexually mature at 6 to 7 years old and breed in the late spring or early summer. Females lay one to six eggs that hatch in August, September or October. Nest sites are generally located on elevated patches of sphagnum moss or sedges in a sunny area. (NCWRC, 2023). A field survey conducted by AECOM biologists in July of 2023 revealed no bog or wetland habitats preferred by the bog turtle in the study area. Dwarf-flowered heartleaf USFWS Recommended Survey Window: March 1 – November 1 (optimal) (NCDOT, 2022) Biological Conclusion: No Effect Typically found along bluffs and north-facing slopes, boggy areas along streams, and adjacent hillsides and ravines with acid, sandy loam soils in deciduous forests. Usually associated with Mountain laurel (Kalmia latifolia) or Pawpaw (Asimina triloba). Typically found on these soil types: Pacolet or Madison gravelly sandy loam, or Musella fine sandy loam. (NCSU, 2023) A field survey conducted by AECOM biologists in July of 2023 revealed no hexastylis species in the study area. Additionally, the proposed work of the project will occur in a maintained transmission line right-of-way, which is not preferred habitat for dwarf flowered heartleaf. Monarch Butterfly – Potential Habitat USFWS Recommended Survey Window: August through December (ECOS, 2022). Biological Conclusion: Not Required Monarch butterfly habitat is defined by the distribution of suitable species of milkweeds (Asclepias ssp.) and their abundance and condition. Milkweeds contain species-specific suites of toxic secondary compounds. Monarchs use the toxic chemicals in milkweeds for their own defense, and generally will not lay eggs on any other species; nor will caterpillars eat leaves of other plants (NatureServe, 2023). During breeding and migration monarchs require a diversity of blooming nectar resources and a variety of roosting trees along the fall migration route. Monarchs undergo long-distance migration to overwintering sites, migrations passes through North Carolina from mid-September through mid-October (ECOS, 2022). There is no critical habitat designation for this species. A field survey conducted by AECOM biologists on July 14, 2023 found early successional habitat that contained some species such as elderberry (Sambucus canadensis) and blackberry (Rubus sp.) that could provide nectar for adult butterflies. Because the monarch Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 11 butterfly is currently proposed for listing, candidate species are not legally protected pursuant to the ESA, therefore any actions undertaken to avoid impacts or provide protection for these species are voluntary. 5.1 Bald Eagle and Golden Eagle Protection Act Habitat for the bald eagle (Haliaeetus leucocephalus) primarily consists of mature forest in proximity to large bodies of open water for foraging. Large, dominant trees are utilized for nesting sites, typically within one-mile of open water. There are no water bodies large enough or sufficiently open to be considered potential feeding sources within one mile of the study area. A review of the NCNHP records on June 28, 2023 indicated no known bald eagle or golden eagle occurrence within one mile of the study area. 5.2 Endangered Species Act Candidate Species and At Risk Species The monarch butterfly and tricolored bat are listed as Candidate Species by the USFWS, and are discussed in Section 5.0. 5.3 Essential Fish Habitat No National Marine Fisheries Service (NMFS) essential fish habitat has been mapped in the study area. 5.4 State-Listed Species The North Carolina Endangered Species Act and the North Carolina Plant Protection and Conservation Act protect all state-listed species from either taking or possession. A review of the NCNHP database, performed on June 28, 2023, indicated no occurrences of state-listed species, important natural communities, natural areas, and/or conservation/managed areas in the study area and only the Santee Chub (Cyprinella zanema) and Tuttle State Forest have been found to occur within one mile of the study area. Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 12 6.0 CULTURAL RESOURCES AECOM Senior Archaeologist Matthew Jorgenson, RPA consulted files at the NC Office of State Archaeology (OSA) on July 20, 2023, and AECOM Senior Archaeologist Peter Sittig, RPA reviewed files maintained online by the NC Historic Preservation Office (HPO) (HPOWEB 2.0 2022) on July 25, 2023. These tasks identified known archaeological and historic resources, respectively, in or near the parcels under consideration for the Duke Caldwell Project (project) in Caldwell County, North Carolina. Additional online resources (e.g., soil data, topographic maps) were consulted on July 25, 2023, to help evaluate cultural resources sensitivity for the project. 6.1 Archaeological Resources No previously recorded archaeological sites are located within the Duke Caldwell project area. One archaeological site (31CD254) is located within a 0.5-mile radius surrounding the project area. Two environmental reviews have been performed within a 0.5-mile of the project as well— a bridge replacement project and road widening project, both reported on in 1994. An archaeological survey was conducted for the environmental review of Bridge No 106 over Lower Creek in Caldwell County (TIP B-2116) in 1994 (Glover 1994). The project proposed to replace the bridge spanning over Lower Creek. The scope of the project included pedestrian survey across the Area of Potential Effects. One single prehistoric site, 31CW254, was identified through the collection of a white quartz flakes and one metavolcanic flake in a cornfield. Site 31CW254 was recommended, and subsequently determined not eligible for listing on the National Register of Historic Places (NRHP). An additional archaeological survey was conducted in 1994 near the project area for the widening of US 64 – NC 18 from Morganton to Gamewell, in Burke and Caldwell Counties, North Carolina (Joy 1994). One historic farmstead site (31BK233) was identified and determined not eligible for the NRHP and is not within the 0.5-mile buffer surrounding the current project. The overall archaeological sensitivity of the project is considered low. The identification of only one small lithic scatter prehistoric site within the 0.5-mile radius surrounding the current project from within the last nearly 30 years of data suggests a low likelihood of additional archaeological sites within the project area. Topographically, the project crosses a tributary leading to Husband Creek and Husband Creek itself with associated floodplain lowlands across approximately 20 percent of the project area, interspersed between sloped piedmont upland hills across the remaining 80 percent of the project area. Soils data indicates much of the project area contains moderately eroded slopes ranging between 2 – 25 percent slopes (Table 1). The floodplain exhibits Codorus loam (CnA) soils which are frequently flooded and exhibit prime farmland, if drained, but are otherwise somewhat poorly drained and are moderately conducive to the presence of buried archaeological sites. In summary, the topographic relief of the project coupled with eroded and frequently flooded soils suggests the likelihood of recovering artifacts from intact soil horizons is low-to-moderate. 6.2 Historic Architectural Resources No historic resources are recorded within the project area. Five previously identified historic resources are located within the 0.5-mile buffer area surrounding the project (Table 2). The Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 13 Augustus Little House (CW0284) is an ca. 1880s two-story brick house and was added to the study list in 1988 for consideration of being nominated for the NRHP but is currently not listed. The remaining four resources (CW0339, CW0359, [two dwellings without resource numbers]) have been surveyed only and have not been formally assessed for NRHP eligibility. Lower Creek Academy (CW0339) is a school surveyed in 1987. The Corpening-Suddreth House (CW0359) is a single-family residential structure surveyed in 1985. Overall, the rolling topography and vegetation surrounding the project area presents a low potential for viewshed effects on historic properties. Additionally, there is low potential to cause adverse effects to the previously documented historic resources. 7.0 CONCLUSION AND RECOMMENDATIONS One wetlands and five streams were identified within the study area. Prior to any construction activities that may disturb these potentially jurisdictional features, it is recommended that a preliminary Jurisdictional Determination be obtained from the USACE, and that the appropriate CWA Section 404 and 401 permits, if required, be approved by the USACE and NCDWR. Suitable habitat was observed for six of the federally-listed IPaC species, including Monarch butterfly (which is a Candidate species). No individuals or populations were observed during field surveys conducted by AECOM on July, 2023 for gray bat, northern long-eared bat, tricolored bat, or Virginia big-eared bat, however there is suitable habitat present for all species. As per the Interim Consultation Framework from USFWS concerning northern long-eared bat (NLEB), proposed activities should adhere to the previous 2016 4(d) rule for the (NLEB) (Appendix B) In addition, no bald eagles or nests were observed within or adjacent to the study area. Prior to any construction activities that may disturb habitat, consultation with the USFWS should be initiated to obtain their concurrence with the biological conclusion of “No Effect” for all species described in this report. No construction moratoria for trout, anadromous fish, or other species are anticipated for the study area. There are no previously recorded archaeological and no historic resources located within the study area. Overall, the study area has a moderate to high probability of recovering intact archaeological deposits, and the study area has low potential for adverse effects to significant historic resources. It is our recommendation that a Phase I archaeological survey be conducted in the areas that have not had such studies performed in the past. If the project requires federal involvement (e.g., permitting or funding), it is recommended that a concurrence letter from the NCSHPO be obtained as part of the formal Section 106 consultation process. Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 14 8.0 REFERENCES Glover, Gerold.1994.Archaeological Survey, Bridge No. 106 Over Lower Creek, Caldwell County, TIP B-2116.Manuscript on file, North Carolina Office of State Archaeology, Raleigh. HPOWEB 2.0. 2023. HPOWEB 2.0 Online GIS Tool. North Carolina Historic Preservation Office, Raleigh. Electronic resource available at https://nc.maps.arcgis.com/home/item.html?id=f383595d99ea46179ec10878ccaf0053 accessed October 24, 2022. Joy, Deborah. 1994.Archaeological Survey Report Widening US 64 – NC 18 from Morganton to Gamewell, Burke and Caldwell County, North Carolina. Manuscript on file, North Carolina Office of State Archaeology, Raleigh. NatureServe. 2023. NatureServe Explorer.https://explorer.natureserve.org/ NCDOT. 2019. - Important U.S. Fish and Wildlife (USFWS) Animal At-Risk Species (ARS) in North Carolina & Survey Windows. https://connect.ncdot.gov/resources/Environmental/Compliance%20Guides%20and%20P rocedures/Animal%20Survey%20Windows%20At%20Risk%20Species_20190813.pdf NCDOT. 2022.– Optimal Survey Windows and Number of Years a Survey is Valid for North Carolina’s Federally Endangered, Threatened, and At-Risk Plant Species. https://connect.ncdot.gov/resources/Environmental/EAU/BSG/Documents/Survey%20Wi ndows%20and%20Durations%202020-03-10.pdf. NCDOT. 2022. Federally Threatened and Endangered Animal Species (North Carolina): Survey Window and Responsibility. https://connect.ncdot.gov/resources/Environmental/EAU/BSG/Documents/T&E%20Ani mal%20Survey%20Windows%202022.pdf. NCNHP. 2023. North Carolina Natural Heritage Program Natural and Cultural Resources. https://www.ncnhp.org/ NCSU. 2023. Dwarf-flowered heartleaf. https://herbarium.ncsu.edu/rare/images/Hexastylis_naniflora_NHP.pdf NCWRC. 2023. Bog turtle.https://www.ncwildlife.org/Learning/Species/Reptiles/Bog- Turtle#:~:text=The%20bog%20turtle%20inhabits%20wetland,plant%20parts%2C%20in cluding%20small%20berries. NCWRC. 2023. Virginia Big-eared Bat. https://www.ncwildlife.org/Portals/0/Conserving/documents/Profiles/Virginia-Big-eared- Bat-Profile.pdf USFWS. 2023. Interim Consultation Framework for the Northern Long-eared bat. U.S. Fish and Wildlife Service, Atlanta, GA. 9 pp Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 15 USFWS. 2023. Gray bat.https://www.fws.gov/species/gray-bat-myotis-grisescens USFWS. 2023. Tricolored Bat. https://www.fws.gov/species/tricolored-bat-perimyotis-subflavus USFWS. 2023. ECOS Environmental Conservation Online System. https://ecos.fws.gov/ecp/ Xerces Society for Invertebrate Conservation. 2022. Monarch Nectar Plant Guides. https://xerces.org/monarchs/monarch-nectar-plant-guides Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 16 APPENDIX A FIGURES Service Layer Credits: © OpenStreetMap (and) contributors, CC-BY-SASources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap Lower CreekHUC 0305010107¯ 0 1 Miles VICINITY MAP 3803 Eller CourtDuke Energy CarolinasCaldwell County, NC July 2023 Figure1 LEGEND This map is for reference only Study Area Study Area ¯ 0 10.5 Miles Legend Study Area Lower Creek HUC 0305010107 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 Figure 2 Topographic Map ¯ 0 10.5 Miles Legend Study Area Lower Creek HUC 0305010107 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 64 L o v e t t e L n B u r n e tt D r M o r g a n t o n B lv d L o w e r C r e e k L o w e r C r e e k H usbandCreek H elt o n H artle yPl E ll e r C t C a li c o R d C alic o R d M o r g a n t o n B l v d M o r g a n t o n B l v d H a r t l a n d Figure 3 Orthoimagery Map 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 ¯ 0 1,000500 Feet Legend Study Area Soils Lower Creek HUC 0305010107 L o v e t t e L n Canno n R i d g e R d B u r n e tt D r Pla y m o r e B e a c h R d M o r g a n t o n B lv d D a l t o n D r L o w e r C r e e k L o w e r C r e e k H u s bandCreek H elt o n H artle yPl E ll e r C t C a lic o R d C alic o R d M o r g a n t o n B l v d M o r g a n t o n B l v d H a r t l a n d L o werCreek FaD2 DaC2 DaB2 DaC2 DaC2 PaB FaC2 CnA FaD2 FaC2 DaC2 FaD2 CnA Codorus loam, 0 to 2 percent slopes, frequently flooded 1.2 DaB2 Danripple sandy clay loam, 2 to 8 percent slopes, moderately eroded 0.5 DaC2 Danripple sandy clay loam, 8 to 15 percent slopes, moderately eroded 2 FaC2 Fairview sandy clay loam, 8 to 15 percent slopes, moderately eroded 1.1 FaD2 Fairview sandy clay loam, 15 to 25 percent slopes, moderately eroded 1.7 PaB Pfafftown loam, 2 to 6 percent slopes, rarely flooded 0 Map Unit Soils Acres Figure 4 Soils Map 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 ¯ 0 1,000500 Feet Legend Study Area Freshwater Forested/Shrub Wetland Freshwater Pond Riverine National Hydrography Dataset Flowline Lower Creek HUC 0305010107 Husban d C r e e k Lower C r e e k C a l i c o R d M o r g a n t o n B l v d D r e a m f i e l d s L n B u r n e t t D r Da l t o n D r Vanta g e Heights Ci r Pla y m o r e B e a c h R d H e lt o n H a rtle y Pl A e rial Way P i n e h u r s t A c r e s P e n nsylvania A v Ca n d y Ln L o v e t t e L n C a n n o n R i d g e R d Hosta Ln H e l t o n D r H e m l o c k Acres L n F r a n k M a r t in Ln Bria r c l i f f L n Elle r C t PineburrRd NC 1 8 - U S 6 4 Ca p i t a lCt C a n n o n R i d g e R d Figure 5 National Wetlands Inventory (NWI) 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 ¯ 0 1,000500 Feet Legend Study Area 100-year flood (Zone AE) 500-year flood (Zone X) Lower Creek HUC 0305010107 L o v e t t e L n Canno n R i d g e R d B u r n e tt D r Pla y m o r e B e a c h R d M o r g a n t o n B lv d D a l t o n D r L o w e r C r e e k L o w e r C r e e k H u s bandCreek H elt o n H artle yPl E ll e r C t C a lic o R d C alic o R d M o r g a n t o n B l v d M o r g a n t o n B l v d H a r t l a n d L o werCreek Figure 6 Federal Emergency Management Agency (FEMA) 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 ¯ 0 17587.5 Feet Figure 7 Page Number: 1-1 WOUS Map Legend LatLong DataPoints Culvert Intermittent Stream Perennial Stream PEM Wetland Study Area Lower Creek HUC 0305010107 WA S1 35.849721, -81.614352 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 ¯ 0 17587.5 Feet Figure 7 Page Number: 1-2 WOUS Map Legend LatLong DataPoints Culvert Intermittent Stream Perennial Stream PEM Wetland Study Area Lower Creek HUC 0305010107 WA S1 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 ¯ 0 17587.5 Feet Figure 7 Page Number: 1-3 WOUS Map Legend LatLong DataPoints Culvert Intermittent Stream Perennial Stream PEM Wetland Study Area Lower Creek HUC 0305010107 S1 35.846007, -81.619927 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 ¯ 0 17587.5 Feet Figure 7 Page Number: 1-4 WOUS Map Legend LatLong DataPoints Culvert Intermittent Stream Perennial Stream PEM Wetland Study Area Lower Creek HUC 0305010107 S 3 S2 35.846007, -81.619927 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 ¯ 0 17587.5 Feet Figure 7 Page Number: 1-5 WOUS Map Legend LatLong DataPoints Culvert Intermittent Stream Perennial Stream PEM Wetland Study Area Lower Creek HUC 0305010107 S 3 S2 35.841957, -81.62548 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 ¯ 0 17587.5 Feet Figure 7 Page Number: 1-6 WOUS Map Legend LatLong DataPoints Culvert Intermittent Stream Perennial Stream PEM Wetland Study Area Lower Creek HUC 0305010107 S 4 35.841957, -81.62548 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 ¯ 0 17587.5 Feet Figure 7 Page Number: 1-7 WOUS Map Legend LatLong DataPoints Culvert Intermittent Stream Perennial Stream PEM Wetland Study Area Lower Creek HUC 0305010107 S 4 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 ¯ 0 17587.5 Feet Figure 7 Page Number: 1-8 WOUS Map Legend LatLong DataPoints Culvert Intermittent Stream Perennial Stream PEM Wetland Study Area Lower Creek HUC 0305010107 S5 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 ¯ 0 17587.5 Feet Figure 7 Page Number: 1-9 WOUS Map Legend LatLong DataPoints Culvert Intermittent Stream Perennial Stream PEM Wetland Study Area Lower Creek HUC 0305010107 35.835876, -81.631798 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 ¯ 0 17587.5 Feet Figure 7 Page Number: 1-10 WOUS Map Legend LatLong DataPoints Culvert Intermittent Stream Perennial Stream PEM Wetland Study Area Lower Creek HUC 0305010107 35.835876, -81.631798 3803 Eller Court Duke Energy Carolinas Caldwell County, NC July 2023 ¯ 0 1,000500 Feet Figure 8 County Soil Survey Caldwell County, 1989 Legend Study Area Lower Creek HUC 0305010107 Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 17 APPENDIX B THREATENED AND ENDANGERED SPECIES LISTS NCNHDE-22469 June 28, 2023 Chris Inscore AECOM 5438 Wade Park Blvd Raleigh, NC 27607 RE: 3803 Eller Ct Dear Chris Inscore: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached ‘Documented Occurrences’ tables and map. The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is documented within the project area or indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally-listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area 3803 Eller Ct June 28, 2023 NCNHDE-22469 Element Occurrences Documented Within Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Crustacean 33273 Cambarus johni Carolina Foothills Crayfish 2019-04-17 E 3-Medium ---Significantly Rare G3 S3 No Natural Areas are Documented within the Project Area No Managed Areas Documented within the Project Area Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on June 28, 2023; source: NCNHP, Spring (April) 2023. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area 3803 Eller Ct June 28, 2023 NCNHDE-22469 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Crustacean 33273 Cambarus johni Carolina Foothills Crayfish 2019-04-17 E 3-Medium ---Significantly Rare G3 S3 Freshwater Fish 42480 Cyprinella zanema Santee Chub 1997-10-24 H?3-Medium ---Threatened G4 S3 No Natural Areas are Documented Within a One-mile Radius of the Project Area Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type Tuttle State Forest NC Department of Agriculture, Forest Service State Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on June 28, 2023; source: NCNHP, Spring (April) 2023. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 Powered by TCPDF (www.tcpdf.org) Page 4 of 4 6/26/23, 4:38 PM IPaC: Explor e Location resources https://ipac.ecosphere.fws.g ov/location/CYJV6WZFKVA4VDDQRSWCCOU7RQ/r esour ces 1/13 IPaC res ourc e lis t This report is an automatically gener ated lis t of species and other res ources s uch as critical habitat (collectively r eferred to as trust resour ces) under the U.S. Fis h and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the pr oject area refer enced below. The list may also include tr ust reso ur ces that occur outside of the pro ject area, but that could potentially be dir ectly or indirectly aected by activities in the pro ject area. However, determining the likelihood and extent of eects a project may have on tr ust reso ur ces typically requires gathering additional s ite-s pecic (e.g., vegetation/species sur veys) and project-specic (e.g., magnitude and timing of pr oposed activities) informatio n. Below is a summary of the pr oject information you pr ovided and contact infor mation for the USFWS oce(s) with juris diction in the dened project area. Pleas e read the intr oduction to each section that follows (Endanger ed Species, Migratory Birds, USFWS Facilities, and NWI Wetlands ) fo r additio nal info rmation applicable to the tr ust resources addr essed in that section. Loca tion Caldwell County, North Car olina Loca l oce Asheville Ecological Services Field Oce  (828) 258-3939  (828) 258-5330 160 Zillico a Street U.S. Fish & Wildlife ServiceIPaC 6/26/23, 4:38 PM IPaC: Explor e Location resources https://ipac.ecosphere.fws.g ov/location/CYJV6WZFKVA4VDDQRSWCCOU7RQ/r esour ces 2/13 160 Zillico a Street As heville, NC 28801-1082 6/26/23, 4:38 PM IPaC: Explor e Location resources https://ipac.ecosphere.fws.g ov/location/CYJV6WZFKVA4VDDQRSWCCOU7RQ/r esour ces 3/13 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primar y infor mation used to generate this lis t is the known or expected r ange of each species. Additional areas of inuence (AOI) for species are als o co nsider ed. An AOI includes areas outside of the s pecies range if the species could be indir ectly aected by activities in that ar ea (e.g., placing a dam upstream of a sh populatio n even if that sh does not occur at the dam site, may indirectly impact the species by r educing or eliminating water ow downstream). Becaus e species can move, and site conditio ns can change, the species on this list are no t guaranteed to be fo und on or near the project area. To fully deter mine any potential eects to s pecies , additional s ite-s pecic and pro ject-s pecic infor mation is often required. Section 7 o f the Endangered Species Act requires Federal agencies to "request o f the Secretary information whether any species which is listed or pr oposed to be lis ted may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Feder al agency. A letter from the local oce and a species lis t which fullls this requirement can only be obtained by r equesting an ocial species list fr om either the Regulatory Review section in IPaC (see directions belo w) or fro m the local eld oce directly. For project evaluations that r equir e USFWS concurrence/review, please r etur n to the IPaC website and request an ocial s pecies list by do ing the following: 1. Dr aw the pr oject location and click CONTINUE. 2. Click D EFINE P ROJECT. 3. Lo g in (if directed to do s o). 4. P rovide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species and their cr itical habitats ar e managed by the Eco logical Services P rogr am of the U.S. Fish and Wildlife Service (USFWS) and the s her ies division of the National Oceanic and Atmospheric Adminis tration (NOAA Fisheries ). Species and cr itical habitats under the sole responsibility of NOAA Fisher ies ar e not sho wn on this list. Please contact NOAA Fisheries for species under their jur isdiction. 1. Species listed under the Endanger ed Species Act ar e threatened o r endangered; IPaC also shows species that are candidates, or pr opo s ed, for listing. See the listing status page for mor e infor mation. IPaC only shows species that are r egulated by USFWS (see FAQ). 1 2 6/26/23, 4:38 PM IPaC: Explor e Location resources https://ipac.ecosphere.fws.g ov/location/CYJV6WZFKVA4VDDQRSWCCOU7RQ/r esour ces 4/13 2. NOAA Fisheries, also kno wn as the National Marine Fisheries Ser vice (NMFS), is an o ce o f the National Oceanic and Atmospher ic Administr ation within the D epartment of Commer ce. The following species ar e potentially aected by activities in this lo cation: Mamma ls Reptiles Insects NAME STATUS Gr ay Bat Myoti s grisescens Where ver found N o cri ti cal h ab itat has b een desi g nated for th is s p ecies. h ttps://ecos.fws.gov/ecp /speci es/6329 Endangered Northern Long-eared Bat Myotis sep tentri onalis Where ver found N o cri ti cal h ab itat has b een desi g nated for th is s p ecies. h ttps://ecos.fws.gov/ecp /speci es/9045 Endangered Tricolor ed Bat Perimyotis sub avus Where ver found N o cri ti cal h ab itat has b een desi g nated for th is s p ecies. h ttps://ecos.fws.gov/ecp /speci es/10515 Proposed Endanger ed V irginia Big-ear ed Bat Corynorhinus (=Plecotus) townsend ii virginianus Where ver found Th ere is nal critical habi tat for thi s speci es.You r location d oes not overlap th e criti cal h ab itat. h ttps://ecos.fws.gov/ecp /speci es/8369 Endangered NAME STATUS Bog Tur tle G lyptemys muhlenbergi i N o cri ti cal h ab itat has b een desi g nated for th is s p ecies. h ttps://ecos.fws.gov/ecp /speci es/6962 SAT NAME STATUS 6/26/23, 4:38 PM IPaC: Explor e Location resources https://ipac.ecosphere.fws.g ov/location/CYJV6WZFKVA4VDDQRSWCCOU7RQ/r esour ces 5/13 Flowering Pla nts Critical habita ts Potential eects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. There are no c ritical habitats at this location. You are s till required to determine if your projec t(s) may have eects on all above listed s pecies. Bald & Golden Eagles Monar ch Buttery Danaus p lexipp us Where ver found N o cri ti cal h ab itat has b een desi g nated for th is s p ecies. h ttps://ecos.fws.gov/ecp /speci es/9743 Candidate NAME STATUS Dwarf-ower ed Heartleaf H exastylis naniora Where ver found N o cri ti cal h ab itat has b een desi g nated for th is s p ecies. h ttps://ecos.fws.gov/ecp /speci es/2458 Threatened Ther e are no documented cas es of eagles being present at this location. However, if you believe eagles may be using your site, please r each out to the local Fish and Wildlife Service oce. Additional infor mation can be found using the following links: Eagle Managment https://www.fws.gov/pr ogr am/eagle-management Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take- migr ator y-birds Nationwide conservation meas ur es for birds https://www.fws.gov/sites/default/les/do cuments/nationwide-standard-conservation- measur es.pdf 6/26/23, 4:38 PM IPaC: Explor e Location resources https://ipac.ecosphere.fws.g ov/location/CYJV6WZFKVA4VDDQRSWCCOU7RQ/r esour ces 6/13 What does IPaC use to generat e t he po tential presence of bald and golden eagles in my specied lo cation? The p oten ti al for eag le p resen ce is d erived from data p rovi d ed b y th e Avi an Kn owled g e Network (AKN ). The AKN data i s based on a g rowin g coll ecti on of s u rvey, band ing, and citizen science d atasets and i s queri ed and l tered to return a l ist of those bi rd s reported as occurring in th e 10km gri d cel l(s) which your p roj ect intersects, and th at h ave been id en ti ed as warran ti ng sp eci al attention because they are a BCC sp eci es i n that area, an eag le (Eagl e Act requi rements may app ly). To see a li st of all b ird s potential ly p resent in you r project area, pl eas e visi t th e Rapi d Avian Information Locator (RAIL) Tool. What does IPaC use to generat e t he probabilit y o f presence graphs of bald and go lden eagles in my specied lo cat ion? The Mi gratory Bird R esou rce List i s comp ri sed of USFWS Birds of Conservati on Concern (BCC) an d other speci es th at may warran t sp ecial atten ti on i n you r p roject l ocati on . The mi gratory b ird l ist gen erated for your p roject i s derived from data p rovi d ed b y th e Avi an Knowledge Network (AKN ). The AK N d ata i s based on a g rowing coll ecti on of su rvey, bandi ng, and ci ti z en scien ce datas ets an d i s queri ed and l tered to return a l ist of those bi rd s reported as occurring i n the 10km g ri d cel l(s) whi ch your p roj ect intersects, and th at h ave been id en ti ed as warran ti ng speci al attention b ecau se they are a BCC sp ecies in th at area, an eagl e (Eag le Act req u iremen ts may appl y), or a species th at h as a p arti cu lar vul nerab il ity to os h ore acti vities or devel op ment. Agai n, th e M igratory Bird Resource l ist i n cludes on ly a subset of b ird s that may occur i n your p roject area. It is n ot rep resentative of all bi rd s th at may occu r in your proj ect area. To get a li st of all bi rd s potential ly p resent in you r project area, pl eas e visi t th e Rapi d Avian Information Locator (RAIL) Tool. What if I have eagles on my list ? If you r project h as th e potential to di stu rb or ki ll eagl es, you may need to ob tain a permit to avoi d vi olating th e Eagl e Act shoul d such impacts occur. Please con tact your l ocal Fish an d Wi ldl ife Service Fi eld Oce i f you have q uesti ons. Migratory birds Certain birds are pr otected under the Migr ator y Bir d Treaty Act and the Bald and Go lden Eagle Pr otection Act . Any person or organization who plans or co nducts activities that may result in impacts to migr ator y bir ds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservatio n measur es, as descr ibed below. 1. The Migr ator y Bir ds Treaty Act of 1918. 2. The Bald and G olden Eagle Protection Act of 1940. Additional infor mation can be found using the following links: 1 2 6/26/23, 4:38 PM IPaC: Explor e Location resources https://ipac.ecosphere.fws.g ov/location/CYJV6WZFKVA4VDDQRSWCCOU7RQ/r esour ces 7/13 The birds listed below are birds of particular concern either because they occur on the USF WS B irds of Conservation Concern (BCC) list or warrant special attention in your project location. To lear n more abo ut the levels of concern for birds on your lis t and how this list is generated, see the FAQ below. This is not a list of every bird you may nd in this locatio n, nor a guar antee that every bird on this list will be found in your project area. To see exact locations of wher e birders and the general public have sighted birds in and around your pr oject ar ea, vis it the E-bird data mapping tool (Tip: enter your location, des ired date range and a species on your list). For pr ojects that o ccur o the Atlantic Coast, additional maps and models detailing the r elative o ccur r ence and abundance of bir d species on your lis t ar e available. Links to additional information about Atlantic Coas t birds, and o ther impor tant infor mation abo ut your migratory bird list, including ho w to proper ly inter pr et and us e your migrato ry bir d repor t, can be found below. For guidance on when to schedule activities or implement avo idance and minimiz atio n measures to reduce impacts to migr ator y bir ds 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 ar ea. BREEDING SEASON Birds of Co nser vation Concern https://www.fws.gov/pr ogr am/migratory-birds/species Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take- migr ator y-birds Nationwide conservation meas ur es for birds https://www.fws.gov/sites/default/les/do cuments/nationwide-standard-conservation- measur es.pdf NAME Chimney Swift Chaetura p elagic a Th is is a Bi rd of Conservati on Con cern (BCC) th rou g h ou t its range in th e contin en tal US A and Al aska. Breeds Mar 15 to Aug 25 Pr airie Warbler Dend roica d iscolor Th is is a Bi rd of Conservati on Con cern (BCC) th rou g h ou t its range in th e contin en tal US A and Al aska. Breeds May 1 to Jul 31 Pr othono tary War bler Protonotaria citrea Th is is a Bi rd of Conservati on Con cern (BCC) th rou g h ou t its range in th e contin en tal US A and Al aska. Breeds Apr 1 to Jul 31 Wo od Thr ush H ylocichl a musteli na Th is is a Bi rd of Conservati on Con cern (BCC) th rou g h ou t its range in th e contin en tal US A and Al aska. Breeds May 10 to Aug 31 6/26/23, 4:38 PM IPaC: Explor e Location resources https://ipac.ecosphere.fws.g ov/location/CYJV6WZFKVA4VDDQRSWCCOU7RQ/r esour ces 8/13 Probability of Presence Summary The graphs below pr ovide our best understanding of when bir ds of concern are most likely to be pr esent in your pr oject ar ea. This information can be used to tailor and schedule your pro ject activities to avoid o r minimize impacts to birds. Please make sur e you read and understand the FAQ "Pr oper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpr et this r eport. Probability of Presence () Each green bar r epresents the bird's relative probability of presence in the 10km gr id cell(s) your project o ver laps during a par ticular week o f the year. (A year is repr esented as 12 4- week mo nths.) A taller bar indicates a higher pr obability o f species presence. The survey eor t (see belo w) can be used to establish a level of co ndence in the presence sco re. One can have higher condence in the pr esence scor e if the cor r esponding survey eor t is also high. How is the pr obability o f pr esence score calculated? The calculation is done in three steps: 1. The probability of pr esence fo r 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 sur vey events and the Spotted Towhee was found in 5 o f them, the probability of pr esence of the Spotted Towhee in week 12 is 0.25. 2. To pro per ly present the pattern of pres ence acr oss the year, the r elative pro bability of pres ence is calculated. This is the pro bability of pres ence divided by the maximum probability of pr esence acr oss all weeks. For example, imagine the probability of pres ence in week 20 for the Spotted Towhee is 0.05, and that the pr obability o f pr esence at week 12 (0.25) is the maximum of any week of the year . The relative probability of pres ence 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 sco re. To see a bar 's pr obability of presence score, simply hover your mouse cursor over the bar. B reeding Season () Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire r ange. If there ar e no yello w bar s shown for a bir d, it does not br eed in your project area. Surv ey Eort () Vertical black lines super imposed o n probability of pr esence bars indicate the number of surveys performed fo r that species in the 10km grid cell(s) your project ar ea o ver laps. The number o f sur veys is expr essed as a r ange, for example, 33 to 64 sur veys. 6/26/23, 4:38 PM IPaC: Explor e Location resources https://ipac.ecosphere.fws.g ov/location/CYJV6WZFKVA4VDDQRSWCCOU7RQ/r esour ces 9/13  n o data survey eort b reed ing seas on p rob ab il ity of p resence To see a bar 's sur vey eort range, simply hover your mouse cursor over the bar . N o Data () A week is marked as having no data if ther e wer e no sur vey events for that week. Surv ey Timeframe Surveys fr om only the last 10 years ar e used in or der to ensure delivery of currently relevant information. The exception to this is areas o the Atlantic coast, where bird returns ar e based on all years of available data, since data in these areas is currently much more sparse. SPECIES JAN F EB M A R A PR M AY JUN JUL A UG SEP OCT NOV DEC C himney Swift BC C Rangewide (CON) Prairie Warbler BC C Rangewide (CON) Prothonotary Warbler BC C Rangewide (CON) Wood Thrush BC C Rangewide (CON) Tell me mo re about conservat ion measures I can implement t o avoid o r minimize impacts to migrat o ry birds. N ati on wi d e Con servation Measures d es cri b es measu res th at can hel p avoi d an d min imize imp acts to al l b irds at an y l ocati on year round . Imp lementati on of these measures i s particul arly i mp ortant wh en bi rd s are most li kely to occu r in th e proj ect area. When b irds may b e breedi ng i n the area, identifyin g the l ocati ons of an y active n ests an d avoi d ing th eir destru cti on i s a very help ful i mp act mi n imization measu re. To see when b irds are most l ikel y to occur and be b reed ing in your proj ect area, vi ew the Probabi li ty of Presen ce Summary. Addi ti onal meas u res or permits may be ad visabl e depen d ing on the typ e of activi ty you are con d u cti ng an d the type of infras tructu re or bi rd speci es presen t on you r proj ect si te. What does IPaC use to generat e t he list o f migrato ry birds that pot ent ially o ccur in my specied lo cation? The Mi gratory Bird R esou rce List i s comp ri sed of USFWS Birds of Conservati on Concern (BCC) an d other speci es th at may warran t sp ecial atten ti on i n you r p roject l ocati on . 6/26/23, 4:38 PM IPaC: Explor e Location resources https://ipac.ecosphere.fws.g ov/location/CYJV6WZFKVA4VDDQRSWCCOU7RQ/r esour ces 10/13 The mi gratory b ird l ist gen erated for your p roject i s derived from data p rovi d ed b y th e Avi an Knowledge Network (AKN ). The AK N d ata i s based on a g rowing coll ecti on of su rvey, bandi ng, and ci ti z en scien ce datas ets an d i s queri ed and l tered to return a l ist of those bi rd s reported as occurring i n the 10km g ri d cel l(s) whi ch your p roj ect intersects, and th at h ave been id en ti ed as warran ti ng speci al attention b ecau se they are a BCC sp ecies in th at area, an eagl e (Eag le Act req u iremen ts may appl y), or a species th at h as a p arti cu lar vul nerab il ity to os h ore acti vities or devel op ment. Agai n, th e M igratory Bird Resource l ist i n cludes on ly a subset of b ird s that may occur i n your p roject area. It is n ot rep resentative of all bi rd s th at may occu r in your proj ect area. To get a li st of all bi rd s potential ly p resent in you r project area, pl eas e visi t th e Rapi d Avian Information Locator (RAIL) Tool. What does IPaC use to generat e t he probabilit y o f presence graphs for the migratory birds potentially occurring in my specied lo catio n? The p rob ab il ity of p resence g rap h s associated with you r migratory b ird li st are b ased on data provi d ed by the Avian Knowledge Network (AKN). Thi s data i s derived from a growi n g col lection of su rvey, band ing, and citizen science d atasets. Probabi li ty of p res en ce data i s continu ou s ly b eing u p dated as n ew an d b etter i n formati on b ecomes avai labl e. To l earn more about how the p rob ab il ity of presence g raph s are produced and h ow to i n terpret them, g o th e Probabi li ty of Pres en ce Summary an d then cli ck on the "Tel l me about these graphs" l ink. H o w do I kno w if a bird is breeding, wint ering o r migrat ing in my area? To s ee wh at p art of a particul ar bi rd 's range you r project area fal ls withi n (i.e. b reed ing, wintering, migrating or year-round), you may q u ery you r l ocati on usi n g the R AIL Tool an d l ook at the ran g e map s provid ed for bi rd s in your area at the bottom of the p roles p rovi d ed for each bi rd in your resul ts. If a bi rd on you r migratory b ird s p ecies l ist h as a b reedi ng season associated with i t, if that bi rd does occur i n your p roject area, th ere may b e n ests p resent at some p oint withi n the ti meframe s p ecied. If "Breed s el sewhere" i s i n d icated , th en the b ird li kel y does not breed in you r project area. What are the levels of concern for migratory birds? M igratory b irds d eli vered th rou g h IPaC fal l into the fol lowing d istinct categories of con cern: 1. "BCC Rangewide" b ird s are Birds of Con servation Concern (BCC) that are of con cern th rou g h ou t thei r ran g e anywh ere wi th in the USA (i nclud ing Hawai i, the Paci c Islands, Puerto Ri co, and the Vi rg in Isl an d s); 2. "BCC - BCR" b irds are BCCs that are of con cern onl y i n particul ar Bi rd Conservati on R eg ions (BCRs) i n the con ti nental USA; and 3. "Non -BCC - Vul nerab le" b irds are n ot BCC sp ecies in you r project area, but ap p ear on you r li st ei th er b ecause of the Eag le Act req u iremen ts (for eagl es ) or (for non-eagl es) p otential susceptibi li ties i n os h ore areas from certain typ es of devel op ment or acti vities (e.g . osh ore energy d evelopment or l ongli ne sh ing). Al th ou g h i t is importan t to try to avoid an d mi n imize imp acts to all b ird s, eorts s h ou ld be made, i n particul ar, to avoi d an d min imize imp acts to th e bi rd s on thi s l ist, es p ecial ly eagl es and BCC sp ecies of rangewi de con cern. For more i nformation on conservati on measures you can i mp lemen t to hel p avoi d and mini mi z e migratory b ird impacts and req u iremen ts for eag les, pl ease see the FAQs for these top ics. 6/26/23, 4:38 PM IPaC: Explor e Location resources https://ipac.ecosphere.fws.g ov/location/CYJV6WZFKVA4VDDQRSWCCOU7RQ/r esour ces 11/13 Details abo ut birds t hat are po tentially aected by o sho re projects For add itional detai ls ab ou t th e relative occu rrence an d ab u n d ance of b oth in d ivi d u al b ird sp ecies an d groups of b ird s p ecies withi n your p roj ect area o the Atlantic Coast, p lease vi sit the N ortheast Ocean Data Portal. Th e Portal al so oers d ata and information about other taxa besi d es bi rd s that may be hel p fu l to you i n your p roject review. Altern atel y, you may down load th e bi rd mod el res u lts l es und erl ying th e portal maps through th e N OAA N CCOS In tegrative Statistical M odel ing an d Predi cti ve M ap pi n g of M arine Bird Di stribu ti on s and Abund an ce on the Atlantic Outer Conti n en tal Sh elf proj ect web p ag e. Bi rd tracki ng d ata can al s o provide addi ti onal detail s about occurrence and habi tat u s e th rou g h out th e year, incl udi n g migration. M odel s relyi n g on su rvey d ata may not i nclud e th is information . For addi tional i n formati on on marine b ird tracking data, s ee th e Divin g Bi rd Stu d y and th e nan otag s tudi es or contact Cal eb Spi egel or Pam Lorin g . What if I have eagles on my list ? If you r project h as th e potential to di stu rb or ki ll eagl es, you may need to ob tain a permit to avoi d vi olating th e Eagl e Act shoul d such impacts occur. Proper Int erpretatio n and Use o f Your Migratory Bird Repo rt The mi gratory b ird l ist gen erated is n ot a l ist of al l b irds in you r project area, onl y a s u b set of bi rds of pri ori ty con cern . To l earn more ab out how your l ist i s generated , and s ee options for identi fyi n g wh at other bi rd s may be in you r project area, pl ease see the FAQ "What does IPaC use to g en erate the migratory b irds p oten ti all y occurri ng in my s p ecied location". Pl ease be aware this rep ort p rovi d es the "probabi li ty of presen ce" of bi rd s wi th in the 10 km gri d cel l(s ) that overl ap your p roj ect; not you r exact project footp rint. On th e grap hs p rovi d ed , pl ease also look careful ly at the su rvey eort (indi cated by the b lack vertical bar) and for th e existence of the "n o data" i n d icator (a red h ori z ontal bar). A hi g h survey eort i s the key compon en t. If th e survey eort i s hi g h , th en the p robab il ity of presence score can be vi ewed as more depen d ab le. In contrast, a low survey eort bar or no d ata b ar means a lack of d ata and, therefore, a lack of certainty abou t p resen ce of th e speci es . Th is li st is n ot perfect; i t is s imp ly a starti n g poi nt for id en ti fyi ng what bi rd s of concern have th e potential to be in your p roj ect area, when they mi ght be th ere, and i f they mi ght be b reed ing (which mean s nests might be p res en t). The l ist h elps you know what to look for to con rm p resence, and hel p s gui d e you in knowing when to impl ement con servation measures to avoid or mini mi z e potential i mpacts from you r proj ect acti vi ties, shoul d presence b e conrmed . To l earn more ab out conservati on measures, visit the FAQ "Tell me ab ou t con servation meas u res I can i mp lemen t to avoid or min imize imp acts to mi gratory bi rd s " at th e bottom of you r migratory b ird trust resources page. 6/26/23, 4:38 PM IPaC: Explor e Location resources https://ipac.ecosphere.fws.g ov/location/CYJV6WZFKVA4VDDQRSWCCOU7RQ/r esour ces 12/13 Facilities Na tional Wildlife Refuge la nds Any activity proposed on lands managed by the Natio nal Wildlife Refuge system must undergo a 'Compatibility Determinatio n' conducted by the Refuge. P lease contact the individual Refuges to discuss any questions or concer ns. There are no refuge lands at this loc ation. Fish ha tcheries There are no sh hatcheries at this location. Wetlands in the National Wetlands Inventory (NWI) Impacts to NWI wetlands and other aquatic habitats may be subject to r egulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For mor e information please contact the Regulatory Program of the local U.S. Ar my Cor ps of Engineers District. Please note that the NWI data being s hown may be out of date. We ar e currently working to update our NWI data set. We r ecommend you verify these results with a site visit to determine the actual extent of wetlands o n site. This location overlaps the following wetlands: FRESHWATER FORESTED/SHRUB WETLAND P FO1C P SS1C RIVERINE R2UBH R5UBH 6/26/23, 4:38 PM IPaC: Explor e Location resources https://ipac.ecosphere.fws.g ov/location/CYJV6WZFKVA4VDDQRSWCCOU7RQ/r esour ces 13/13 N OTE: This initial scr eening does not replace an on-site delineation to determine whether wetlands occur . Additional information on the NWI data is pro vided below. Data limit atio ns The Servi ce's ob jective of mapp ing wetlands and d eep water habi tats i s to p rodu ce recon n aissance l evel information on the location, type an d si z e of these resources . Th e map s are p rep ared from the anal ys is of h igh altitude imagery. Wetland s are i d entied b ased on veg etati on , visib le h yd rol ogy and geography. A margi n of error i s in h eren t in th e use of imag ery; thus, detail ed on -the-g rou n d i n sp ecti on of an y particul ar site may resul t in revi sion of th e wetl and b ou ndaries or classi cati on estab li sh ed through imag e anal ysis. The accu racy of image i nterp retation d ep ends on the q u ali ty of th e i magery, th e experience of th e i mage analysts, the amou n t and q uali ty of th e col lateral d ata and the amou n t of grou nd truth verication work cond u cted. M etad ata sh ould be con s u lted to d etermine th e date of the s ou rce i magery u sed and any mappi n g probl ems. Wetl ands or oth er map p ed featu res may have changed sin ce th e date of the imagery or el d work. There may b e occasional d ierences i n p olygon b ou ndaries or classi cati on s between th e i n formati on depi cted on the map and th e actu al con d iti on s on s ite. Data exclusio ns Certain wetland habi tats are excl uded from the N ational map pi n g program because of the li mi tati on s of aeri al imag ery as the p ri mary d ata sou rce used to d etect wetl ands. These h ab itats in cl ude seagrass es or submerg ed aqu ati c vegetati on that are found in th e i ntertid al an d subti d al z on es of estu aries an d nearshore coastal waters. Some d eep water reef communi ti es (coral or tuberci d worm reefs) h ave also b een excl uded from the i nventory. These habi tats, b ecau se of thei r d epth , g o und etected by aerial i magery. Data precautio ns Federal, state, an d l ocal regu latory ag encies wi th juri s d iction over wetlan d s may dene and d es cri b e wetl an d s i n a di eren t mann er th an that used in th is i nventory. There is n o attempt, in either the desi g n or p rod u cts of thi s i nventory, to den e th e l imits of p rop ri etary jurisdi cti on of an y Federal, state, or local govern ment or to estab li sh th e geographi cal s cop e of the regul atory p rograms of governmen t ag encies. Persons i nten d ing to engage in acti vities invol ving modi cati ons withi n or adj acen t to wetl an d areas shou ld s eek th e advi ce of appropri ate Fed eral , state, or l ocal ag en cies concernin g specied agency regul atory p rograms and prop rietary ju ri sd ictions th at may aect su ch activi ti es . A full descr iption for each wetland code can be fo und at the National Wetlands Inventor y website Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 18 APPENDIX C WETLAND AND STREAM DATA FORMS Project/Site:Sampling Date: Applicant/Owner:State:Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA):Lat:Long: Soil Map Unit Name: X Are Vegetation X , Soil , or Hydrology Yes X Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. X No X No X X No X X X X Yes X Yes X Yes X X U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region See ERDC/EL TR-12-9; the proponent agency is CECW-CO-R OMB Control #: 0710-0024, Exp:11/30/2024 Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) NoYes No No Water Table Present? Primary Indicators (minimum of one is required; check all that apply)Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Wetland Hydrology Indicators: True Aquatic Plants (B14) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) Maintained transmission line right-of-way. HYDROLOGY Geomorphic Position (D2) Shallow Aquitard (D3) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) City/County:3803 Eller Ct Caldwell County WA-up 7/05/2023 Duke Energy Distribution NC No Section, Township, Range:C. Inscore / M. Paris 2convexSlope Datum: WGS 84-81.61435235.849721LRR P, MLRA 136 PSSNWI classification:CnA - Codorus loam, 0 to 2 percent slopes, frequently flooded Slope (%):Local relief (concave, convex, none): Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Is the Sampled AreaYes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland?Yes Sediment Deposits (B2) Drift Deposits (B3) Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: 2 1 Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) Surface Water Present? Field Observations: ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 50% of total cover:20% of total cover:x 1 = Sapling/Shrub Stratum (Plot size:x 2 = 1.x 3 = 2.x 4 = 3.x 5 = 4.Column Totals:(B) 5. 6. 7. 8.X 9.X 4 - Morphological Adaptations1 (Provide supporting 50% of total cover:20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover:20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:Yes X X =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) )10 =Total Cover FACW FACW No 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 5 No 0 5 60 Multiply by: 244 2.18Prevalence Index = B/A = OBL 122 FACU No FACW Prevalence Index worksheet: Total % Cover of: 0 15 (A) (B) (A) No 5 2460 11 30 Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 10 ) 22 Yes20 Salix nigra 5 80 Impatiens capensis Persicaria bicornis Woodwardia areolata 2 120 Rubus argutus Juncus effusus Tree Stratum ) =Total Cover 30 ) Indicator Status Dominant Species? Yes 20 15 FACW OBL species FACW species FAC species Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 100.0% Percent of Dominant Species That Are OBL, FACW, or FAC: 3 - Prevalence Index is ≤3.01 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No WA-up 2 2 FACU species UPL species Hydrophytic Vegetation Indicators: 0 309 0 142 Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 X X Depth (inches):X X Sampling Point: Yes Restrictive Layer (if observed): Remarks: Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Loc2 80 Loamy/Clayey Loamy/Clayey 95 C Color (moist) Matrix C10YR 4/1 7.5YR 3/2 7.5YR 3/4 10YR 4/42-12 0-2 WA-upSOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches)Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. % Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) % M20 Texture 5 PL Stripped Matrix (S6) Iron-Manganese Masses (F12)(LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13)(MLRA 122, 136) Piedmont Floodplain Soils (F19)(MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8)(MLRA 147, 148) Thin Dark Surface (S9)(MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1)(MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10)(MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10)(LRR N) ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Project/Site:Sampling Date: Applicant/Owner:State:Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA):Lat:Long: Soil Map Unit Name: X Are Vegetation X , Soil , or Hydrology Yes X Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. No No X NoX Yes X Yes X Yes X X U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region See ERDC/EL TR-12-9; the proponent agency is CECW-CO-R OMB Control #: 0710-0024, Exp:11/30/2024 Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) NoYes No No Water Table Present? Primary Indicators (minimum of one is required; check all that apply)Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Wetland Hydrology Indicators: True Aquatic Plants (B14) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) Maintained transmission line right-of-way. HYDROLOGY Geomorphic Position (D2) Shallow Aquitard (D3) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) City/County:3803 Eller Ct Caldwell County WA-up 7/05/2023 Duke Energy Distribution NC No Section, Township, Range:C. Inscore / M. Paris 2convexSlope Datum: WGS 84-81.61435235.849721LRR P, MLRA 136 UplandNWI classification:PaB - Pfafftown loam, 2 to 6 percent slopes, rarely flooded Slope (%):Local relief (concave, convex, none): Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Is the Sampled AreaYes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland?Yes Sediment Deposits (B2) Drift Deposits (B3) Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) Surface Water Present? Field Observations: ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 50% of total cover:20% of total cover:x 1 = Sapling/Shrub Stratum (Plot size:x 2 = 1.x 3 = 2.x 4 = 3.x 5 = 4.Column Totals:(B) 5. 6. 7. 8. 9. 4 - Morphological Adaptations1 (Provide supporting 50% of total cover:20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover:20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:Yes X5 =Total Cover10 Toxicodendron radicans 5 Yes Yes FACU Remarks: (Include photo numbers here or on a separate sheet.) )10 =Total Cover FACU UPL Yes 2 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 0 21 0 80 Multiply by: 0 4.45Prevalence Index = B/A = 0 Yes FACU Prevalence Index worksheet: Total % Cover of: 7 20 (A) (B) (A) 9 24 23 30 Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? FAC =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 10 ) Parthenocissus quinquefolia 45 No Yes 5 2 Rudbeckia hirta Lespedeza bicolor 30Graminea spp.UPL Pteridium aquilinum 10 7 Eutrochium purpureum Tree Stratum ) =Total Cover 30 ) Indicator Status Dominant Species? Yes 5 FAC OBL species FACW species FAC species 5 Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 33.3% Percent of Dominant Species That Are OBL, FACW, or FAC: 3 - Prevalence Index is ≤3.01 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No WA-up 2 6 FACU species UPL species Hydrophytic Vegetation Indicators: 175 276 35 62 Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 Depth (inches):X Sampling Point: Yes Restrictive Layer (if observed): Remarks: Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Loc2 Loamy/Clayey100 Color (moist) Matrix 7.5YR 6/80-12 WA-upSOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches)Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. % Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) % Sandy loam Texture Stripped Matrix (S6) Iron-Manganese Masses (F12)(LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13)(MLRA 122, 136) Piedmont Floodplain Soils (F19)(MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8)(MLRA 147, 148) Thin Dark Surface (S9)(MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1)(MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10)(MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10)(LRR N) ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 NC DWQ Stream Identification Form Version 4.11 Date: Project/Site: Latitude: Evaluator: County: Longitude: Total Points: Stream is at least intermittent if ≥ 19 or perennial if ≥ 30* Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name: A. Geomorphology (Subtotal =_________) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In-channel structure: ex. riffle-pool, step-pool, ripple-pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = _________) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil-based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = _________) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 7/05/2023 3803 Eller Ct C. Inscore / M. Paris Caldwell Drexel 35.849721 -81.614352 S2 7 6 6 19 NC DWQ Stream Identification Form Version 4.11 Date: Project/Site: Latitude: Evaluator: County: Longitude: Total Points: Stream is at least intermittent if ≥ 19 or perennial if ≥ 30* Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name: A. Geomorphology (Subtotal =_________) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In-channel structure: ex. riffle-pool, step-pool, ripple-pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = ______) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil-based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = _________) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 7/05/2023 3803 Eller Ct C. Inscore / M. Paris Caldwell Drexel 35.849721 -81.614352 S3 13.5 8.5 6.5 19 NC DWQ Stream Identification Form Version 4.11 Date: Project/Site: Latitude: Evaluator: County: Longitude: Total Points: Stream is at least intermittent if ≥ 19 or perennial if ≥ 30* Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name: A. Geomorphology (Subtotal =_________) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In-channel structure: ex. riffle-pool, step-pool, ripple-pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = ______) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil-based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = _________) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 7/05/2023 3803 Eller Ct C. Inscore / M. Paris Caldwell Drexel 35.849721 -81.614352 S5 15.5 8.5 6.5 30.5 Environmental Constraints Report 3803 Eller Court Duke Energy August 2023 19 APPENDIX D REPRESENTATIVE PHOTOGRAPHS PHOTOGRAPH LOG Client/Project Name: Duke Energy Distribution Site Location: 3803 Eller Ct Project No. 60710695 Photo No. 1 Date: 7/05/2023 Direction Photo Taken: Northwest Description: Representative view of Stream S1. Photo No. 2 Date: 7/05/2023 Direction Photo Taken: Northeast Description: Representative view of Wetland WA. PHOTOGRAPH LOG Client/Project Name: Duke Energy Distribution Site Location: 3803 Eller Ct Project No. 60710695 Photo No. 3 Date: 7/05/2023 Direction Photo Taken: Northeast Description: Representative view of upland data point for WA. Photo No. 4 Date: 7/05/2023 Direction Photo Taken: Northeast Description: Representative view of Stream S2 (intermittent). PHOTOGRAPH LOG Client/Project Name: Duke Energy Distribution Site Location: 3803 Eller Ct Project No. 60710695 Photo No. 5 Date: 7/05/2023 Direction Photo Taken: South Description: Representative view of Stream S3. Photo No. 6 Date: 7/05/2023 Direction Photo Taken: Southeast Description: Representative view of stream S4. PHOTOGRAPH LOG Client/Project Name: Duke Energy Distribution Site Location: 3803 Eller Ct Project No. 60710695 Photo No. 7 Date: 7/05/2023 Direction Photo Taken: East Description: Representative view of Stream S5.