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Home My WebLink About20050453 Ver 5_NRWASA Emergency Dredging PCN_request letter_3_25_2024_20240325Pre -Construction Notification To: Anthony Scarbrough U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West Fifth Street Washington, North Carolina 27889 From: Jason Hales — CDM Smith Date: March 25t"12024 Subject: Pre -Construction Notification Samantha Wooten NC Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Neuse Regional Water and Sewer Authority —Emergency Intake Dredging Project Lenoir County, North Carolina To Anthony Scarbraugh, On behalf of the Neuse Regional Water and Sewer Authority (NRWASA), CDM Smith Inc. (CDM Smith) is pleased to submit this pre -construction notification (PCN) concerning the NRWASA - Emergency Intake Dredging project in Lenoir County, North Carolina. We are requesting concurrence from the U.S. Army Corps of Engineers (USACE) that the activities proposed below may proceed under a Nationwide Permit and concurrence from the NC Division of Water Resources (NCDWR) that the activities proposed below may proceed under an Individual Water Quality Certification. Project Purpose and Need Bathymetric surveying of the Neuse River bottom in the vicinity of the original and new raw water intake screens was completed in October 2023. The survey shows that sediment has accumulated around the original intake screens, burying them completely, and that sediment is migrating and accumulating downstream in the direction of the new intake screens. Sediment removal to restore the original screens and prevent burial of the new screens is necessary to continue to provide safe drinking water for the residents in NRWASA's service area. The emergency dredging needs to occur as soon as possible to maintain the viability of the drinking water supply. Project Description The project is located at the NRWASA raw water pump station near Kinston in central Lenoir County, North Carolina (Figure 1). The project consists of the emergency dredging of approximately 3,000 to 8,000 cubic yards of sediment from around the raw water intakes (Figure 2). As of October NRWASA - Emergency Intake Dredging Pre -Construction Notification March 251h, 2024 Page 2 2023, the original raw water intakes were buried under approximately 1 foot of sediment. Photos of the project area from October 2023 showing the buried intake screens and sediment accumulation are provided with this letter. There are approximately 0.80 acres of ground disturbance planned for the dewatering area. Geotextile tubes will be used for dewatering to minimize ground disturbance. The proposed dredge area and sediment dewatering area are shown in Figure 2. The proposed dredge elevations over the October 2023 survey are shown in Figures 3 and 4. The construction period is estimated to be approximately 1 month, with the duration of open water impacts limited to as short of time as possible, just enough to remove the sediment. Standard equipment such as hydraulic dredges, barges, cranes, excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and sedimentation control measures would be employed throughout the project. Turbidity curtains would be used to minimize potential suspended sediment and turbidity impacts to downstream waters. NRWASA may not be able to afford to dredge the entire amount of sediment shown and estimated during this emergency dredging. Maintenance dredging would occur periodically in the future as necessary to achieve and maintain the proposed depths. Proposed Impacts Permanent and temporary impacts to open waters would be necessary to conduct the emergency dredging. Open Water Impacts There are approximately 0.80 acres of proposed permanent open water impacts for dredging associated with the planned emergency dredging and approximately 0.35 acres of proposed temporary open water impacts for the area within the turbidity curtain that is outside of the planned dredge area. The proposed open water impacts are summarized in Table 1 below. Table 1. Open Water Impacts Summary Impact Impact Impact Name of Waterbody Impact Number Reason Type Waterbody Activity Type Type Size (acres) OW-1 Protect Permanent Neuse River Dredging Tributary 0.80 water supply OW-2 Water Temporary Neuse River Sediment Tributary 0.35 quality erosion control protection Total Permanent Open Water Impacts 0.80 Total Temporary Open Water Impacts 0.35 Total Combined Open Water Impacts 1.15 NRWASA - Emergency Intake Dredging Pre -Construction Notification March 251h, 2024 Page 3 Stream Impacts New stream impacts would not be necessary for this project. Access to the Neuse River for the dredge operations would occur along the prior impacted and currently maintained bank areas. Buffer Impacts New buffer impacts are not proposed for the emergency dredging. The raw water intake lines, sediment dewatering areas, and general construction areas are within existing maintained easements. Avoidance and Minimization The proposed open water impacts have been kept to the minimum possible to allow for the emergency dredging. Best management practices such as turbidity curtains and intermittent use of equipment would be used during the emergency dredging to minimize potential impacts. Sediment will be dewatered outside of the Neuse River in an upland storage area. The proposed impact amounts would be a maximum of potential impacts. The actual emergency dredging efforts will likely require less than the proposed totals. All mechanized equipment operated in or near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Threatened and Endangered Species A biological assessment (attached) for potential effects to endangered or threatened species was submitted to the US Fish and Wildlife Service (USFWS) Raleigh office for review on March 21st, 2024. A review request received response from USFWS was received on March 21st, 2024 (attached). Tree clearing is not proposed for this project; however any removal of mature trees would occur between October 15th to March 31st to minimize potential impacts to tricolored bat. Heavy sediment loads in the project area provide poor quality habitat for Neuse River waterdog, Carolina madtom, and Atlantic pigtoe. Turbidity curtains would be used to minimize potential impacts to these species. Best management practices such as turbidity curtains and intermittent use of equipment would be used during the emergency dredging to minimize potential impacts to Atlantic sturgeon. NRWASA would adhere to moratoria for Atlantic sturgeon spawning areas, as prescribed through coordination with this PCN. Historical and Cultural Resources The NC State Historic Preservation Office (NCHPO) HPOWEB 2.0 mapper https://www.arcgis.com/apes/webappviewer/index.html was reviewed on November 27th, 2023. No historical or cultural sites were shown mapped in the project area (Figure 5). NRWASA - Emergency Intake Dredging Pre -Construction Notification March 251h, 2024 Page 4 We look forward to working with you on this project. Please contact us with questions or if additional information is required. Sincerely, Jason Hales Wetland Scientist CDM Smith 910-520-1832 halesjcPcdmsmith.com Attachments: Photographs Figure 1 - Project Vicinity Map Figure 2 - Project Study Area Map Figure 3 - Proposed Dredge Elevations Figure 4 - Proposed Dredge Elevations Map Figure 5 - NCHPO Map Biological Assessment dated March 21st, 2024 USFWS review request e-mail March 21st, 2024 Agent Authorization Form NRWASA - Emergency Intake Dredging Pre -Construction Notification March 251h, 2024 Page 5 Photographs Photo 1: View south of project area. (October 2023) Photo 2: View south of original raw water intakes. Intake to right with raised screens. (October 2023) NRWASA - Emergency Intake Dredging Pre -Construction Notification March 251h, 2024 Page 6 Photo 3: View southeast of project area. New raw water intake installed in 2019 to left. Original raw water intake (also visible in Photo 2) to right. (October 2023) Project Study Area M heap lit. �;{� Al +rwwyr Pkwy I� Itt �l tt r x °oo-ra urve s z U bJIM-/ ' 1! �E Casw N Figure 1. Project Vicinity Map NRWASA - Emergency Intake Dredging 69ow Lenoir County, North Carolina Colo 0 0.5 1 2 CDM Project No.294260 Smith Miles Neuse River l Legend L PSA L_ Proposed Dredge Area Sediment Dewatering Area N COM Smith 0 50 100 200 �+ Feet Raw Water Pump Station Figure 2. Project Study Area Map NRWASA - Intake Emergency Dredging Lenoir County, North Carolina CDM Project No.294260 7 � ,Jmow x AN# prop ober2fl235un�eY �, �. ��,. tips NP i�j+,,.� + + r / + ry Ile + III ` 4.11 ¢� 1 .......... Legend r PSA L_. Proposed Dredge Area Sediment Dewatering Area N Figure 4. Proposed Dredge Elevations NRWASA - Emergency Intake Dredging Lenoir County, North Carolina COM CDM Project No.294260 Smith 0 12.525 50 �+ ® Feet 111 p Randall -Sutton O'F • Jerry Sutton" House'( Dempsey Ali. ` rt at i Jesse Jackson Croo Adsi, it -Bone Legend Croom Meeting House (Sandy Bottom Primitive Baptist Church Sandy Bottom Baptist Church PSA Webb Chapel United Methodist ChurchSandy Bottom Historic District VA ,��- , r �T-Aw'j Feet Figure 5. NCHPO Map NRWASA - Emergency Intake Dredging Lenoir County, North Carolina CDM Project No.294260 To: Ecological Services U.S. Fish and Wildlife Service Raleigh Ecological Services Field Office P.O. Box 33 72 6 Raleigh, NC27636-3726 From: Jason Hales, CDM Smith Date: March 21, 2024 Subject: Biological Assessment - Neuse Regional Water and Sewer Authority -Emergency Intake Dredging To Project Manager: This Biological Assessment (BA), prepared by CDM Smith on behalf of the Neuse Regional Water and Sewer Authority (NRWASA) for the Emergency Intake Dredging project, addresses the proposed action in compliance with Section 7 of the Endangered Species Act (ESA) of 1973 (Title 16 United States Code [U.S.C.] § 1536 (c)), as amended. This BA evaluates the potential effects of the proposed project on species that are listed under Section 7 of the ESA. Project Description The project is located at the NRWASA raw water pump station near Kinston in central Lenoir County, North Carolina (Figure 1). The project consists of the emergency dredging of approximately 3,000 to 8,000 cubic yards of sediment from the raw water intakes (Figure 2). The emergency dredging needs to occur as soon as possible. The original raw water intakes are buried under approximately 1 foot of sediment. The USGS topographic map for the project area is provided on Figure 3. Photographs of the project area are attached. Existing Environment Habitat and land use types within the project area include the raw water pump station and intakes, gravel roadways, maintained areas, agricultural fields, wooded uplands, and the Neuse River. Federally Protected Resources A list of threatened and endangered species that may occur within the boundary of the proposed project and/or may be affected by the proposed project was provided for the survey area by the USFWS through the Information for Planning and Consultation (IPaC) system on November 30tn, 2023 (attached). Species that are endangered, threatened or candidate species on the list provided for the survey area are summarized in Table 1 below. Page 2 Table 1. USFWS Species List for the NRWASA - Emergency Intake Dredging Project (11/30/2023) Common Name Scientific Name Status Mammals Tricolored Bat Perimyotis subflavus Proposed Endangered Reptiles American Alligator Alligator mississippiensis Threatened (Similarity of Appearance) Amphibians Neuse River Waterdog Necturus lewisi Threatened Fishes Carolina Madtom Noturus furiosus Endangered Clams Atlantic Pigtoe Fusconaia masoni Threatened Insects Monarch butterfly Danaus plexippus Candidate The National Oceanic and Atmospheric Administration (NOAA)-National Marine Fisheries Service (NMFS) provides protection for marine and anadromous fish species, including essential fish habitat, under the Magnuson -Stevenson Fishery Conservation and Management Act (MSFCMA). Threatened and endangered species that are under NOAA-NMFS jurisdiction that maybe be present in the project area are listed in Table 2 below. Table 2. NMFS Species for the NRWASA - Emergency Intake Dredging Project (3/21/2024) Page 3 Results The following outlines the findings from the information gathered from the USFWS and NMFS. Mammals Tricolored bat — Proposed Endangered USFWS Recommended Survey Window: April 15 to September 15 Species Description: The tricolored bat is distinguished by its unique tricolored fur and often appears yellowish to nearly orange. Individual hairs are tricolored: dark gray at the base, yellowish brown in the middle, and brown or reddish brown at the tip. It is the smallest bat species found in the eastern and midwestern United States. Individuals have a forearm length of 31.4 to 34.1 mm (1.24 to 1.34 in) and weigh 4.6 to 7.9 g (0.16 to 0.28 oz). Its forearms are reddish, contrasting sharply with the black membranes of its wings. Its wingspan is 21 to 26 cm (8.3 to 10.2 in). Habitat: During the summer tricolored bats roost among leaf clusters of live or recently dead deciduous hardwood trees. Tricolored bats will also roost in Spanish moss and have been observed roosting during summer among pine needles, eastern red cedar, and occasionally human structures. During the winter, tricolored bats hibernate in caves and mines. It forages with slow, erratic flight in areas near water or forest edges. Effects: Potential suitable summer roosting habitat for the tricolored bat is present in the project area, primarily in forested areas adjacent to and outside of the proposed work area. Most of the planned emergency dredging operations will be within the existing maintained areas and minimal tree clearing will be necessary. Potential suitable foraging habitat for the tricolored bat occurs in the project area along the Neuse River, and forest edges at the intake site. Any removal of mature trees would occur between October 15th to March 31st. The proposed project action is not likely to jeopardize the existence of this species. Biological Conclusion: not likely to jeopardize the existence of Reptiles American Alligator —Threatened (Similarity of Appearance) USFWS Recommended Survey Window: year round (only warm days in winter) Species Description: The American alligator is a large, semi -aquatic, armored reptile that is related to crocodiles. Their body ranges from 6 to 14 feet long. Almost black in color, it has prominent eyes and nostrils with coarse scales over the entire body. It has a large, long head with visible upper teeth along the edge of the jaws. Its front feet have 5 toes, while rear feet have 4 toes that are webbed. Habitat: American alligators inhabit fresh and brackish marshes, ponds, lakes, rivers, swamps, bayous, canals, and large spring runs. They often bask on partially submerged logs or on land next Page 4 to the water. Alligators dig dens in river or lake margins or in marshes; they spend cold winter and drought periods in the den. Effects: Habitat for the American alligator is present in the project area in the Neuse River and surrounding drainages. The American alligator is listed as threatened due to its similarity in appearance to the American crocodile, which is listed as threatened for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. The proposed project action will have no effect on this species. Biological Conclusion: no effect Amphibians Neuse River Waterdog — Threatened USFWS Recommended Survey Window: winter (November 15 to March 15 optimal) Species Description: The Neuse River waterdog is a permanently aquatic salamander species endemic to the Tar -Pamlico and Neuse River drainages in North Carolina. They are from an ancient lineage of permanently aquatic salamanders in the genus Necturus. Hatchlings are light brown in color with dark lines from each nostril through the eye to the gills, with a white patch behind the eye and above the line. Their heads are round compared to the square, elongated heads of the adults. Hatchlings have melanophores scattered on the gills, upper surfaces of the legs, lower jaw, and parts of the head, with concentrations highest on the tail, making the tail darker than the head and trunk. Hatchlings have developed forelimbs, with three complete toes and the fourth, inner toe is only a bud and the hindlimbs are pressed close to the lower tail fin and not fully developed. Most post-hatchling larvae have a broad, light tan, dorsal stripe from the snout to the tail, and along the dorsal region are small, poorly defined, dark spots. The underside of the larvae is white or has a faint network of lines. Adults lose the striped pattern, and the side melanophores decrease in intensity while the dorsal melanophores increase in intensity and definition on top of a reddish - brown skin. The underside is brown -grey and has dark spots smaller than those on the back. Adults have a set of external bushy dark red gills. Their tail is laterally compressed and each foot has four toes. Adults can be up to 11 inches long. Habitat: The species occurs in riffles, runs, and pools in medium to large streams and rivers with moderate gradient in both the Piedmont and Coastal Plain physiographic regions. They are distributed from larger headwater streams in the Piedmont to coastal streams up to the point of saltwater intrusion, and none have been found in lakes or ponds. waterdogs are usually found in streams wider than 15m (although some have been observed in smaller creeks), deeper than 100cm, and with a main channel flow rate greater than 10cm/sec. These stream salamanders need clean, flowing water characterized by high dissolved oxygen concentrations. The preferred habitats vary with the season, temperature, dissolved oxygen content, flow rate and precipitation, however the waterdogs do maintain home retreat areas under rocks, in burrows, or under substantial cover in backwater or eddy areas. Page 5 Effects: Potential habitat for Neuse River waterdog is present in the project area. The Neuse River in the project area is large enough to support this species and historical occurrences of Neuse River waterdog have been reported upstream and downstream of the project area. The Neuse River in the project area has been impacted by surrounding agricultural, residential, and commercial development. Run off from surrounding developed areas, high seasonal flows, and heavy sediment loads all contribute to poor water quality in the Neuse River in the project area. All work within the Neuse River will be the minimum necessary to perform the emergency dredging. Turbidity curtains would be used to minimize potential impacts to this species. The proposed project may affect, but is not likely to adversely affect this species. Biological Conclusion: may affect, but not likely to adversely affect Fishes Carolina Madtom — Endangered USFWS Recommended Survey Window: year round (March 1 to November 1 optimal) Species Description: The Carolina madtom is a freshwater fish species endemic to the Tar -Pamlico, and Neuse River (including the Trent) drainages in North Carolina. The Carolina madtom is a small catfish, reaching a maximum length of nearly five inches. When compared to other madtoms, the Carolina madtom has a short, chunky body and a distinct color pattern. Three dark saddles along its back connect a wide, black stripe along its side extending from its snout to the base of its tail. The adipose fin has a dark blotch that does not quite reach the fin's edge, giving the impression of a fourth saddle. Yellowish to tan blotches space the saddles, while the rest of the fish is tan. The belly is un-speckled, and the tail has crescent -shaped brown bands near its edge and center. Its pectoral spines have well-defined serrated (saw -like) projections along both margins. Stinging spines in its pectoral fins, earn this fish the "furiosus" title that is part of its scientific name. Habitat: The species occurs in riffles, runs, and pools in medium to large streams and rivers. Ideally, it inhabits fresh waters with continuous, year-round flow and moderate gradient in both the Piedmont and Coastal Plain physiographic regions. Optimal substrate for the Carolina madtom is predominantly silt -free, stable, gravel and cobble bottom habitat, and it must have cover for nest sites, including under rocks, bark, relic mussel shells, and even cans and bottles. Effects: Potential habitat for Carolina madtom is present in the project area. The potential habitat is poor, due to heavy siltation and the lack of gravel and cobble bottom habitat. Historical occurrences of Carolina madtom have been reported upstream and downstream of the project area. All work within the Neuse River will be the minimum necessary to perform the emergency dredging. Turbidity curtains would be used to minimize potential impacts to this species. The proposed project may affect, but is not likely to adversely affect this species. Biological Conclusion: may affect, but not likely to adversely affect Page 6 Clams Atlantic Pigtoe —Threatened USFWS Recommended Survey Window: year round (March 1 to November 1 optimal) Species Description: The shell of the Atlantic pigtoe is a chunky, rhombus shape, like that of a pig's hoof/toe. Individuals from headwater areas are more elongate. There is a distinct posterior ridge. The outer surface of the shell is yellow to dark brown and parchment -like, while the inner layer is iridescent blue to salmon, white, or orange. Although larger specimens exist, the Atlantic pigtoe rarely exceeds 2 inches in length. Young individuals may have greenish rays across the entire shell surface. When collected fresh, the interior surface (nacre) in the shell tends to be salmon colored and sometimes iridescent. Atlantic pigtoe has interlocking hinge "teeth" on the inside of the shell to help keep the two valves in proper alignment. Habitat: The Atlantic pigtoe has been found in multiple physiographic provinces, from the foothills of the Appalachian Mountains, through the Piedmont and into the Coastal Plain. The Atlantic pigtoe requires relatively fast waters with high quality riverine/large creek habitat. It is typically found in headwaters or rural watersheds. The preferred habitat of the Atlantic pigtoe is coarse sand and gravel at the downstream edge of riffles. It is less common in sand, cobble and mixtures of sand, silt and detritus. The Atlantic pigtoe requires fast flowing, well oxygenated streams and is restricted to fairly pristine habitats. Historically, the best populations existed in small creeks to larger rivers with excellent water quality, where flows were sufficient to maintain clean, silt -free substrates. The general pattern of its current distribution indicates that the species is currently limited to headwater areas of drainages and most populations are represented by few individuals. In North Carolina, aside from the Waccamaw River, it was once found in every Atlantic Slope river basin. Effects: Potential habitat for Atlantic pigtoe is present in the project area. The potential habitat is not favorable for Atlantic pigtoe, with poor water quality and high siltation. Atlantic pigtoe has historically been observed upstream of the project area in Wayne County. Most reports of this species in the Neuse River are from further west and upstream from that location. All work within the Neuse River will be the minimum necessary to perform the emergency dredging. Turbidity curtains would be used to minimize potential impacts to this species. The proposed project may affect, but is not likely to adversely affect this species. Biological Conclusion: may affect, but not likely to adversely affect Page 7 Insects Monarch butterfly - Candidate USFWS Recommended Survey Window: August to December Species Description: Adult monarch butterflies are large and conspicuous, with bright orange wings surrounded by a black border and covered with black veins. The black border has a double row of white spots, present on the upper side of the wings. Adult monarchs are sexually dimorphic, with males having narrower wing venation and scent patches. The bright coloring of a monarch serves as a warning to predators that eating them can be toxic. During the breeding season, monarchs lay their eggs on their obligate milkweed host plant (primarily Asclepias spp.), and larvae emerge after two to five days. Larvae develop through five larval instars over a period of 9 to 18 days, feeding on milkweed and sequestering toxic chemicals (cardenolides) as a defense against predators. The larva then pupates into a chrysalis before emerging 6 to 14 days later as an adult butterfly. There are multiple generations of monarchs produced during the breeding season, with most adult butterflies living approximately two to five weeks. Overwintering adults enter into reproductive diapause (suspended reproduction) and live six to nine months. Habitat: The monarch butterfly occurs in migratory populations that breed in summer across North America. It occurs in a variety of habitats where it searches for its host plant milkweed. The species is widespread in the U.S., and in Southern Canada, with the overall range extending through Central America and the Caribbean to South America. Monarchs also occur in Hawaii, Australia, and several Pacific islands, as well as parts of Asia, Africa, and southern Europe. The population size fluctuates in much of its range but remains in the tens of millions in North America. In North Carolina during the fall, winter, and early spring, they can be found basking or roosting on evergreen trees and shrubs. Effects: The monarch butterfly is a candidate species and not yet listed or proposed for listing. There are generally no Section 7 requirements for candidate species. The proposed project will have no effect on this species. Biological Conclusion: no effect NMFS Anadromous Fishes Atlantic Sturgeon (Acipenser oxyrinchus) — Endangered USFWS Recommended Survey Window: February 1 to April 30 Species Description: The Atlantic sturgeon is considered a large fish, reaching up to 14 feet in length. It has a characteristic shovel -shaped snout with fleshy barbells. Habitat Assessment: Adults spawn between February and March in southern United States fresh waters, and then move into brackish and fully saline waters when not spawning. Atlantic sturgeon spawn in freshwater channel habitats from tidal river reaches to at least as far inland as the fall line Page 8 in large, unobstructed river basins. Eggs of Atlantic sturgeon are adhesive and successful spawning is dependent upon the availability of relatively clean, hard substrates within river channels for egg adhesion and development. Both spawning and egg survival to hatching are dependent upon habitats with low to moderate flows and limited sedimentation. Atlantic sturgeon historically ranged along the Atlantic coast from Labrador, Canada to the St. Lucie River, Florida. In South Carolina, Atlantic sturgeon are currently found in the Waccamaw, Pee Dee, Santee, Cooper, ACE Basin (Ashepoo, Combahee and Edisto Rivers) and Savannah River drainage basins. The South Edisto River in the project area does not provide suitable spawning habitat for Atlantic sturgeon because of fine, muddy substrate and heavy sediment loads. The Pee Dee River in the project area provides potential migratory habitat for Atlantic sturgeon. The Pee Dee River in the project area is designated as critical habitat for Atlantic sturgeon. Effects: Potential habitat for Atlantic sturgeon is present in the project area. Atlantic sturgeon spawning habitat should not be affected by the emergency dredging because of the sandy, silty substrates and heavy sediment loads. Equipment operation during the emergency dredging could cause temporary disruption of migratory behaviors of adult sturgeon traveling to and from spawning areas. If sturgeon were present within the project area, potential impacts could result from direct strikes by construction equipment (dredges and work barges) and from increases in turbidity and noise levels during construction. All work within the Neuse River will be the minimum necessary to perform the emergency dredging. Turbidity curtains and intermittent use of equipment would be used to minimize potential impacts to this species. The proposed project may affect but is not likely to adversely affect these species. Biological Conclusion: May affect but is not likely to adversely affect Critical Habitat The Neuse River in the project area is designated as critical habitat for Atlantic sturgeon. In the August 17, 2017 Federal Register (82 FR 39160 pgs. 39160-339274) NOAA-NMFS designated critical habitat for the endangered South Atlantic DPS of Atlantic sturgeon pursuant to the ESA. Conclusions and Determination Potential suitable roosting and foraging habitat for tricolored bat is present in the project area. The proposed project is designed primarily within the existing maintained areas and minimal tree clearing will be necessary to perform the emergency dredging. Any removal of mature trees would occur between October 15th to March 31st. The proposed project is not likely to jeopardize the existence of tricolored bat. Potential suitable habitat for Neuse River waterdog, Carolina madtom, and Atlantic pigtoe is present in the project area. Heavy sediment loads in the project area provide poor quality habitat for these species. Turbidity curtains would be used to minimize potential impacts to these species. The proposed project may affect, but is not likely to adversely affect Neuse River waterdog, Carolina madtom, and Atlantic pigtoe. Page 9 Potential habitat for Atlantic sturgeon is present in the project area. Potential impacts to sturgeon during migration could result from increases in turbidity and noise levels during construction. Best management practices such as turbidity curtains and intermittent use of equipment would be used during the emergency dredging to minimize potential impacts to this species. The proposed project may affect, but is not likely to adversely affect Atlantic sturgeon. If you need additional information, please contact Jason Hales at halesjcPcdmsmith.com or 910- 520-1832. Thank you very much for your assistance. Completed by: 3/21/2024 Jason Hales, PWS, CDM Smith Date Biologist Attachments: Photographs Figure 1. Project Vicinity Map Figure 2. Project Study Area Map Figure 3. USGS Topographic Map USFWS IPaC Report Letter, November 30th, 2023 Page 10 Photographs Photo 1: View south of project area. (October 2023) e Photo 2: View south of original raw water intakes. Intake to right with raised screens. (October 2023) Page 11 Photo 3: View southeast of project area. New raw water intake installed in 2019 to left. Original raw water intake (also visible in Photo 2) to right. (October 2023) Project Study Area � M heap lit. °oo-ra urve ro z Y U `p N Figure 1. Project Vicinity Map NRWASA - Emergency Intake Dredging 69ow Lenoir County, North Carolina CDM Project No.294260 JO11�71th 0 0.5 1 2 Miles Figure 2. Project Study Area Map NRWASA - Intake Emergency Dredging Lenoir County, North Carolina CDM Project No.294260 COM Smith 0 50 100 200 Feet Jam( J/ r m 7p HI ,A- � -r '. SWC15idtFOfY ,. .r. tae Home r, .a * B clk / F i 12 �.��. � Yr M. lam' "�,,,y�,.. � '�'�-�YIY ... •A. "y"." �" � w ,.--..... _....,..._ y. ... �, ' ^' „w►. -`.No- �s'� .. n: -�r��,�,_.` - rf�'t.'R� • `* . __..� �� `� �^• Tt D .. I l Legend PSA .., N Smith 0 5001,000 2,000 Feet Figure 3. USGS Topographic Map NRWASA - Emergency Intake Dredging Lenoir County, North Carolina CDM Project No.294260 i htil I I, WV 4N.I I 11 'c M1 7L\'LYW United States Department of the Interior �. FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2024-0021357 Project Name: NRWASA Water Intake Dredging November 30, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 11/30/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. 11/30/2023 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Bald & Golden Eagles • Migratory Birds OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 11/30/2023 4 PROJECT SUMMARY Project Code: 2024-0021357 Project Name: NRWASA Water Intake Dredging Project Type: Water Supply Facility - Withdrawal - Surface Project Description: Maintenance dredging of the NRWASA raw water intake in the Neuse River, near La Grange, NC. Dredging needs to occur as soon as possible/ allowable, given that the original raw water intakes are buried under 1 foot of sediment. Dredging amount is still to be determined, but could be —3,000 or more cubic yards. Project Location: The approximate location of the project can be viewed in Google Maps: https:// www. google.com/maps/(a)35.2264454,-77.709608823234,14z G Counties: Lenoir County, North Carolina 11/30/2023 ENDANGERED SPECIES ACT SPECIES There is a total of 6 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws.gov/ecp/species/10515 REPTILES NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https://ecos.fws.gov/ecp/species/776 (Threatened) AMPHIBIANS NAME STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6772 FISHES NAME Carolina Madtom Noturus furiosus Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/528 11/30/2023 C-1 CLAMS NAME STATUS Atlantic Pigtoe Fusconaia masoni Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5164 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Acti and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treaty Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) THERE ARE NO BALD AND GOLDEN EAGLES WITHIN THE VICINITY OF YOUR PROJECT AREA. 11/30/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON American Kestrel Falco sparverius paulus Breeds Apr 1 to Aug This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation 31 Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to Jul This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation 15 Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9427 Chimney Swift Chaetura pelagica Breeds Mar 15 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 25 USA and Alaska. https://ecos.fws.gov/ecp/species/9406 Pectoral Sandpiper Calidris melanotos Breeds elsewhere This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9561 Prairie Warbler Dendroica discolor Breeds May 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31 USA and Alaska. https://ecos.fws.gov/ecp/species/9513 Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31 USA and Alaska. https://ecos.fws.gov/ecp/species/9439 11/30/2023 [3 NAME BREEDING SEASON Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Sep 10 USA and Alaska. https://ecos.fws.gov/ecp/species/9398 Wood Thrush Hylocichla mustelina Breeds May 10 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 31 USA and Alaska. https://ecos.fws.gov/ecp/species/9431 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read the supplemental information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel--- — �—---,_---- �- __- _- BCC -BCR Brown -headed Nuthatch— -- BCC -BCR Chimney Swift — — — — ------ + — -- I — --- — --- - — + — — — 11/30/2023 E BCC Rangewide (CON) Pectoral Sandpiper - --- - BCC Rangewide — —--�—+�— — ---' —�—+ +—+ ---- (CON) Prairie Warbler --- - — —--�—+�— — -- ---$ — — — — — — — — BCC Rangewide (CON) Prothonotary Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Wood Thrush i BCC Rangewide T (CON) Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/sunnlemental-information-mip-ratorv-birds-and-bald-and-p-olden-eap-les-mav-occur- project-action 11/30/2023 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: John Boyer Address: CDM Smith Address Line 2: 5400 Glenwood Ave. Suite 400 City: Raleigh State: NC Zip: 27612 Email boyerjd@cdmsmith.com Phone: 9193253509 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: Emily Thompson Email: emily.b.thompson@usace.army.mil Phone: 9102514629 Hales, Jason C. From: Raleigh, FW4 <raleigh@fws.gov> Sent: Thursday, March 21, 2024 5:55 PM To: Hales, Jason C. Subject: Automatic reply: [EXTERNAL] Biological Assessment - Neuse Regional Water and Sewer Authority— Emergency Intake Dredging Thank you for submitting your online project package. We will review your package within 60 days of receipt. Also, as of February 1, 2024, we have moved out of our physical location. We expect to move to our new space by June 2024. CDM Agent Authorization Property/Site: NRWASA - Emergency intake Dredging Address of Site: 2775 Kennedy Home Road Lagrange, NC 28551 ❑ir County. North Carolina Parcel Identification Number (PIN): 358400502454, 358400504162, 358400601768 Owner Information: Name: Neuse Regional Water and Sewer Authority Address: 2811 Barrus Rd LaGrange, NC 28551 Telephone Number: 252-522-2567 Fax Number: 252-523-1639 E-mail Address: harold.herringPnrwasa.o Property Owner Certification: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. i also authorize CDM Smith to act in my behalf in the processing of this request and to furnish supplemental information in support of this request, including stream/wetland matters in coordination with the USACE and the NCD R field rific-lion and permit application: Property Owner Signature: Date: ;F/Z