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HomeMy WebLinkAbout20160269 Ver 1_Shoreline Stabilization_20160317 (4) Strickland, Bev From:Amelia H Boschen (Services - 6) <amelia.h.boschen@dom.com> Sent:Thursday, March 17, 2016 9:50 AM To:Montalvo, Sheri A Cc:Strickland, Bev Subject:RE: Dominion Roanoke Rapids North Side Attachments:Dominion Roanoke Rapids Rec Area_PCN Submittal_2 of 3.pdf Part 2 attached. From: Montalvo, Sheri A \[mailto:sheri.montalvo@ncdenr.gov\] Sent: Thursday, March 17, 2016 9:46 AM To: Amelia H Boschen (Services - 6) Cc: Strickland, Bev Subject: Dominion Roanoke Rapids North Side Amelia, Can you please send the electronic version of the above project so that we can get it into our system easier? Thanks Sheri Montalvo 401 & Buffer Permitting Unit - Administrative Assistant Department of Water Resources Division of Environmental Quality 919-807-6303 (office) sheri.montalvo@ncdenr.gov 512 N. Salisbury St., Ste 942-G1, Raleigh, NC 27604 1617 Mail Serive Center Raleigh, NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 CONFIDENTIALITY NOTICE: This electronic message contains information which may be legally confidential and or privileged and does not in any case represent a firm ENERGY COMMODITY bid or offer relating thereto which binds the sender without an additional express written confirmation to that effect. The information is intended solely for the individual or entity named above and access by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of this information is prohibited and may be unlawful. If you have received this electronic transmission in error, please reply immediately to the sender that you have received the message in error, and delete it. Thank you. 2 Jurisdictional Determination U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2015-02621 County: Northampton U.S.G.S. Quad: VA -BARLEY Property Owner: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC NOTIFICATION OF JURISDICTIONAL DETERMINATION Dominion Resources Inc. Amelia Boschen 5000 Dominion Boulevard Glen Allen, VA 23060 804-273-3485 27 iapproximatelyl Nearest Town Gaston Roanoke River River Basin Lower Roanoke 03010107 Coordinates Latitude: 36.489753 Longitude: -77.673460 Location description. The proiect area consists of approximately 27 acres and is located immediately north of the Roanoke Rapids Labe dam and continues northward along an approximate 30 foot corridor that terminates at State Route 46 near Gaston Northampton Countv, North Carolina "See the five 5 Attached Maps). Indicate Which of the Followinz Apply. - A. Preliminary Determination X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved TD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the .1D. B. Approved Determination _ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the Iaw or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S, including wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the Iaw or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page I of 2 There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal. Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Morehead City, IVC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Andrew Williams at 919-554-4884 x26 or Andrew. E.Williams2(d)usace.armv.mil. C. Basis For Determination: The jurisdictional determination for this project is based on preliminary jurisdictional determination data submitted by the consultant, Stantec, on behalf of the applicant: The streams, (Site Numbers 1 and 6) appear to be tributaries with Ordinary High Water Marks (OHWMs) that flow through to the Roanoke Rapid Lake, a navigable water of the United States. The open waters area (Site Number 9) is a portion of the Roanoke Rapids Lake. The wetlands (Site Numbers 2,3,4,5,7,8,10,11) meet the hydrophytic 'vegetation, wetland hydrology, and hydric soil criteria of the 1987 Corps of Engineers Wetland Delineation Manual and the Eastern Mountains and Piedmont Regional Supplement and appear to be contiguous with and/or adjacent to a one of the tributaries listed above or the Roanoke Rapids Lake. D. Remarks: 1) US Army Corps of Engineers conducted a site visit on January 20, 2016. 2) See attached maps. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in S. above) This correspondence constitutes an approved jurisdictional determination for the above described site. Ifyou object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not Applicable. **It is not necessary to submit an RFA farm to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: , .�✓�—� Date: February 5, 2016 Expiration Date: Does Not Expire The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at htW://regulatory usacesurvey.coml. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND TSE VEST FOR APPEAL Applicant: Amelia Soschen He Number: SAW -2015-02621 Date: February 5, 2016 Dominion Resources Inc � Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ZI PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The Following identities your rights and options regarding an administrative appeal of the above decision. Additional information may be found at htt :ff�v�vv,uer,r_.e.arm .mi1!Micsions.Civi1W rks'Rc� lata'to ram dPertnsts.p 03 Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. + ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization if v{ � received �i Letter of Permission(LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: if you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Aoveai Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division r engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT" FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Andrew Williams CESAD-PDO 3331 Heritiage Trade Drive, Suite 105 U.S. Army Corps of Engineers, South Atlantic Division Wake Forest, North Carolina 27587 60 Forsyth Street, Room 10MI5 Atlanta, Georgia 30303-8801 Phone: 404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunitY to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 WcvvEo FE'S' U 3 Zoij6 ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): 12/1012015 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Ms. Amelia Boschen — Dominion Resources, Inc. 5000 Dominion Boulevard Glen Allen, Virginia 23060 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Raleigh Regulatory Field Office, Lake Gaston Recreational Sites, SAW -2415-02621 D. PROJECT LOCATION(5) AND BACKGROUND INFORMATION: The site is located within the Roanoke Rapids Lake, Black Duck Creek, and Roanoke River drainage basins in Northampton County, North Carolina. The site is situated north of Roanoke Rapids Lake, east of Roanoke Rapids Road (Route 48), south of Route 46 and can be accessed via Route 46. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Northampton City: Center coordinates of site ([at/long in degree decimal format): Lat. 36.4854028 N, Long_ -77.67364170 W. Universal Transverse Mercator: Name of nearest waterbody: Roanoke Rapids Lake, Black Duck Creek, and ^-- ii4]rinoke Inver Identify (estimate) amount of waters in the review area: Non -wetland waters: linear feet: 410 width (ft) and/or 0.64 acres. Cowardin Class: L1 UBHh, R3, R4 Stream Flow: Wetlands: 0.87 acres. Cowardin Class: PEM, PSS, PFO var ee of any water bodies on she site that have been identified as Section 10 waters: Tidal: Non -Tidal: Roanoke Rapids Lake E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): j Office (Desk) Determination. Dater ::r_,4'-1 ® Field Determination. Date(s): 1120/2016 FE6 p 3 2975 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following:. (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which sloes not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to Such Jurisdiction In any add-ninistrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(x)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Cops will provide an approved M to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): 2 1CCEIVED ® Maps, plans, plats or plat submitted by or on behalf of the applicant/consultant : "Delineation Map; Lake Gaston Recreational Sites — Roanoke Rapids Northside Dam" `q data streets prepared/submitted by or on behalf of the applicant/consultant. 0 Office concurs with data sheets/delineation report. L] Office does not concur with data sheets/delineation report. El Data sheets prepared by the Corps: (l Corps navigable waters' study: LJ U.S. Geological Survey Hydrologic Atlas: El USES NHD data. USES 8 and 12 digii HUC reaps. 7X U.S. 'Geological Survey map(s). Cite scale & quad name:. Barley, Roanoke Rnniris USDA natural Resources Conservation Service Soil Survey. Citation: MRCS Web Soil Sig; veer H National wetiands inventory map(,). Cite nam:: FINS NWl Online Mapper State/Local wetland inventory map(s): FEMAIFIRPA maps: L] 1[00 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929; Q Photographs: El Aerial (Marne & Date): or 1J Cather (Name & Date): [� Previous determination(s). File no. and date of response letter: Other information (please specify): j� o SM.�� *r� ;n,.o; 6 T. y . vi s74 urisdi+ctonal determinations. Signature and date of Regulatory Project Manager (REQUIRED) 3 tgnature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) RECEIVED FEB 0 3 2015 SAMPLE Estimated Site Cowardin amount of Class of number Latitude Longitude Class aquatic resource aquatic in review area resource acres l non -section 10, 1 36.48903298 -77.67284717 R4 0.024, (343) non -tidal, non - wetland 2 36.48888596 -77.67337703 PFO 0.004 non -section 10, wetland 3 36.48866660 -77.67357285 PEM 0.296 non -section 10, wetland 4 36.48853905 -77,67381108 PFO 0.107 non -section 10, wetland 5 36.48586491 -77.67160819 PFO 0.055 non -section 10, wetland non -section 10, 6 36.48584753 -77.67188053 R3 0.00E (67) non -tidal, non - wetland 7 36.48585120 -77.67193716 PFO 0.007 non -section 10, wetland 8 36.48504373 -77.67216027 PSS 0.006 non -section 10, wetland section 10, non - 9 36.48498002 -77.67564134 LUB 0.608 tidal, non - wetland 10 36.48479992 -77.67513185 PEM 0.082 section 10, non - tidal, wetland 11 36.48526347 -77.67597608 PEM 0.309 section 10, non - tidal, wetland TJ .} ' ,,J• el ri"'�' l �`01f 0.r I•-w'�, ,'V.} �e ? .•,,, / ..mak';. ,, � �`. a +�r�e w,. - e ��•.,. of /r 1'y�'�J.f r! �`^:-' � �'° 1 � (j T+ �� ..J', f..:i,�ts !� J '� '' >� a l 1`. �+ �E` L•. 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('a 4 cz� 3i CD Q 0 p' � � � D Lnan n (21�_ u 4 l 'UPJ a; Q CD xg V I a Q 0 QA3 o 0 f7 :3 CL Q p a�' w m rn Endangered Species and Designated Critical Habitat Dominion Resources Services, Inc. 5000 Dominion Boulevard, Glen Allen, VA 23060 dom.com BY U.S. MAIL RETURN RECEIPT REQUESTED December 9, 2015 Mr. John Ellis U.S. Fish and Wildlife Service Raleigh Ecological Services Field Office PO Box 33726 Raleigh, NC 27636-3726 �h Dominion° RE: Dominion Roanoke Rapids Hydroelectric Generating Station North Side Dam, Recreational Area Project Northern Long-eared Bat Request for Concurrence Regarding Tree Clearing Dear Mr. Ellis, The Federal Energy Regulatory Commission (FERC) license for Dominion's Roanoke Rapids and Gaston Hydroelectric Generating Stations includes a requirement for Dominion to construct several recreation areas in the vicinity of the power stations by the end of 2016. The construction of a recreation area on the north side of the Roanoke Rapids dam will include the development of the project area to enhance fishing accessibility. Some clearing of the existing forest will be necessary in order to construct the recreation area as required. However, as discussed in the attached documentation, a database review did not identify the presence of the Northern Long Eared Bat (NLEB) in the vicinity of the project. In addition, Dominion plans to conduct any tree clearing activities outside of the typical time of year restrictions for NLEB, prior to April 15, 2016. Based on the results of the database review and proposed clearing outside of time of year restrictions, Dominion requests your concurrence that the required tree removal may be conducted provided that clearing is completed prior to April 15, 2016. Should you have any questions or require additional information, please contact Amelia Boschen at (804) 273-3485 or amelia.h.boschen@dom.com. Sincerely, ,r Cathy C. Tayj r Director, Electric Environmental Services Attachment V` Stantenk( December 2, 2015 File: 203400592 Stantec Consulting Services Inc. 5209 Center Street Williamsburg VA 23188 Attention:Ms. Amelia Boschen Electric Environmental Services Dominion Resources Inc. 5000 Dominion Boulevard Glen Allen VA 23060 Dear Ms. Boschen, Reference: Lake Gaston Recreational Sites - Roanoke Rapids Northside Dam, Northampton County, North Carolina Stantec Consulting Services, Inc. (Stantec) is pleased to provide this correspondence regarding the potential effect of the proposed activities associated with the Lake Gaston Recreational Sites - Roanoke Rapids Northside Dam on the northern long-eared bat (Myotis septentrionalis; NLEB. The project is located within the Roanoke Rapids Lake, Black Duck Creek, and Roanoke River drainage basins in Northampton County, North Carolina and consists of approximately 27 -acres on the northside of the Roanoke River dam and an additional 30 foot proposed access road which originates at Route 46 and generally runs to the south to the main project area. The site is situated north of Roanoke Rapids Lake, east of Roanoke Rapids Road (Route 48), south of Route 46 and can be accessed via Route 46 (Figure 1). The proposed project includes the development of a parcel of land on the north side of the Roanoke River Dam to enhance fishing accessibility. Improvements include an access road to the site, accessible path to the water's edge, a new parking area, foot trails, and an Americans with Disabilities Act accessible fishing bank or T-shaped pier into the water. Some clearing of existing forest is expected; however, it is expected that tree clearing activities will be conducted prior to April 15, 2016, a timeframe that outside of typical time of year restrictions for NLEB. On behalf of Dominion Resources, Stantec has conducted a search of federal and state threatened and endangered species databases for potential protected species within the project area. Specifically, Stantec searched the U.S. Fish and Wildlife Service (USFWS) Information, Planning and Conservation System (IPaC) and the North Carolina Department of Environment and Natural Resources (NCDENR) Natural Heritage Program database for Northampton County. While several federal and state protected species were identified as having potential to be present within the project vicinity, NLEB was not included in the database search results. Based on the results of the database review and proposed clearing outside of typical time of year restrictions, it is assumed the proposed project meets the applicable conservation measures as outlined below: C�,7 December 2, 2015 Ms. Amelia Boschen Page 2 of 2 Reference: Lake Gaston Recreational Sites - Roanoke Rapids Northside Dam Activity occurs more than 0.25 miles from a known occupied hibernacula Activity avoids cutting or destroying known, occupied roost trees during the pup season (June 1 to July 31) Activity avoids clearcuts and similar harvest methods (e.g., seed tree, shelterwood, and coppice) within 0.25 mile of known, occupied roost trees during the pup season (June 1 to July 31). As a result of meeting the applicable conservation measures, if is expected that the project will be exempt from needing an incidental take statement. Regards, Stantec Consulting S' r 'ces, Inc. 0PresgK raves, P D S Nor Ecologist Phone: (757) 220-6869 Fax: (757) 229-4507 kenny.presgraves@stantec.com Attachment: Figure 1 -Vicinity Map kp u:\203400592\03_data\let_nleb-fws_20151202.docx Legend 0 5,000 10,000 Feet Project Limits 1:120,000 (at anginal document size of 8.5x11) � 1 a • Sta ig+y{. ec Proj�eLci L/ocafion 20"00592 Prepared by MGS on 2015-10-05 Northampton County. NC Technical Review by TP5 on 2015-10-06 htlepentlenf Review by CSK on 2015-10-06 Client/Project Dominion Resources Inc. Nate, Lake Gaston Recreational Sites - Roanoke Rapids Northside Dam sabmirred: zmsl2-oz 1. 31naCo.ma System: NAD 1ARCADfePlan n North Carofna FIPS 3200 Feef 2. Base fe ,gm 0 Bin Mapd by ARCADIS U.S. Inc. Figure Na. 3. Ori —ft pery ® Bing Maps , 4. Microsoft product screen shofsl reprinted wiM permission from Microsoft Corporation me Disclaimer: Sianfec assumes no responsibility for data supplied in electronic fodata The recipient c-' fullresponsi-f forverifyingtheaccuracy andcompleteness of fhedata. the recipient Vicinity Map eleazes Siantec, ifs ofttcers, employees nsultanis and agenh, from any and aX claims arising in any way from the content or p—m— the tlafa. Page OT of 01 United States Department of the interior FISH AND WILDLIFE SERVICE Raleigh FS Field Office Post Office Box 33725 Raleigh, North Carolina 27636-3726 January 22, 2016 Amelia Boschen Dominion Resources Services, Inc. 5000 Dominion Boulevard Glen Allen, VA 23060 Re: Roanoke Rapids Hydroelectric Generating Station— Northampton County, NC Dear Ms. Boschen: This letter is to inform you that a list of all federally -protected endangered and threatened species with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife Service's (Service) web page at http:l.'wNv-,v.fws.gov/raleigh. Therefore, if you have projects th::t occur within the Raleigh Field Office's area of responsibility (see attached county list), you no longer need to contact the Raleigh Field Office for a list of federally -protected species. Our web page contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (1 f U.S.C. 1531 et seq.)(Act), and a list of federal species of concern' that are known to occur in each county in North Carolina. Section 7 of the Act requires that all 'federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' iife'iistories and habitats and iiiiia-ruation Oii concipleting a biuiogicai assessment or evaluation and can be found on our web page at http:llwww.fws.gov/raleigh. Please check the web site often for updated information or changes. ' The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their desi7nation does not necessarily imply that the species will eventually be proposed for listing; as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. {Jur comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http:llwww.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). 2 We hope you find our web page useful and informative and that following; the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact John Ellis of this office at (919) 856-4520 ext, 26. Sincerely, Vete �* L Benjamin Field Supervisor 3 List of Counties in the Service's Raleigh Field Office Area of Responsibility Alamance Beaufort Bertie Bladen Brunswick Camden Carteret Caswell Chatham Chowan Columbus Craven Cumberland Currituck Dare Duplin Durham Edgecombe Franklin Gates Granville Greene Guilford Halifax Harnett Hertford Hoke Hyde Johnston Jones Lee Lenoir Martin ,k If . lV1V ra orinerY Moore Nash New Hanover Northampton Onslow Orange Pamlico Pasquotank Pender 4 Perquimans Person Pitt Randolph Richmond Robeson Rockingham Sampson Scotland Tyrrell Vance Wake Warren Washington Wayne Wilson