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HomeMy WebLinkAboutEaton's Ferry Dock Expansion Draft EA - 9/18/2014Greystone Management, Inc. 4105 Southall Road Raleigh, NC 27604 Telephone (919) 606-8407 September 15,2014 Mr. Ian McMillan, PWS,GSIP N.C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1650 RE: Draft Environmental Assessment for Eaton's Ferry Estates Property Owners Association Lake Gaston, Warren County, North Carolina Dear Mr. McMillan, Eaton's Ferry Estates Property Owners Association ( EFEPOA) proposes to construct 6 boat slips in the EFEPOA Park at Parkway Drive to compliment the 14 boat slips currently permitted by Dominion North Carolina. Ten of the existing boat slips have been in use for over 30 years at the EFEPOA park and four were permitted and added in 2003. Eaton Ferry Estates is a residential community consisting of 160 waterfront lots and 162 offshore lots. Pursuant to Federal Energy Regulatory Commission ( FERC) requirements, I am enclosing a copy of the Draft Environmental Assessment ( EA ) for your review and comment. The proposed construction will consists of the following: ® Re -configure an existing community swim dock to accommodate 2 boat slips. ( Dock A) • Construct two docks 4 ft. x 40 ft. that will accommodate 2 boat slips each ( Docks B and C ® Construct a new community swim dock ( Dock D 5 ft. wide and 40 ft, long with right oriented L design at end of dock 10 ft. x 12 ft. • All of the docks will not extend more than 40 ft. from the bulkhead/ rip -rap shoreline. Please send any comments to my attention at Greystone Management, Inc., 4105 Southall Road, Raleigh, NC 27604 by September 25, 2014. Any comments we receive will be incorporated into the Final EA. I may be reached at ( 919) 606-8407 orj,Q bud45(..11 1� wna i 1,com. Thank you for your assistance jn this matter and we look forward to hearing from you. Sincerely, Joe S. Johnson Greystone Management, Inc. UIW "14=0 to-I.MA Environmental Assessment for the Construction of Six Additional Boat Slips At the Park on Parkway Drive at Eaton's Ferry Estates Warren County, North Carolina On Behalf of Eaton's Ferry Estates Property Owners Association Attn: Mr. Richard Thomas P.O. Box 625 Littleton, NC 27850 Prepared for: MI Federal Energy Regulatory Commission Office of Energy Projects Washington, DC Under the Gi§tia FERC License Project No. 2009 Greystone ManagementJnc. 1. SUMMARY ................................. --''--'-'-'-'--'--''''--------'-''''_-...--_- 4 11 APPLICATION 5 DI PURPOSE OF ACTION AND NEED FOR DEVELOPMENT ......................................................^..... V A. PURPOSE OF A0TlON...-.--.-.--.---..--------------.---.--'--,.^. B. SUBJECT A8E\--.----------.-------.-.---,....-----------.--' C. NEED FOR ADDITIONAL BOAT SLIPS .-.-.------.--'.---.------.-.-...---.. « /V. PROPOSED ACTION AND AL?ERNATnVE6.-'---.-...--.--....------.--.---.......-. 8 A. PROPOSED ACTION (Preferred Altarnutive).-----.--.-.-.-..---..-.----.---.- r 1. Environmental measures During Conotruuioo---..-.--.-..-..--.--.--.-.--.,..- r 2. Environmental Measures During Operation ............................................................................. v B. NO ACTION ALTERNATIVE '-'-'-''---'-^-''---'--------'-'''---'--'---' 7 C. ALTERNATIVES CONSIDERED BUT ELlM0NA]n8D.--.----.-----------....-.-.. u V. CONSULTATION AND CQMPLlANCE--_.....--'-.---..---.-~-,---.------.--- w A. CONSULTATION '-'''-'--'----''--''--^------------'----'-'---.-. 8 1. Scoping .-..---~.~----.-..--.-,_...-..^-.-....-,--...-....-..-.-.--..-^--.---...- m u. Adjacent property Owner Notification and Comments .............................................................. V 3. Public Notice, Public Informational Meeting, Public Comments ............................................... 9 4.Notification ^fthe Draft Environmental Assessment ................................................................ p aAgency Comments mmthe Draft Environmental Assessment ..................................................... m B. COM9L/ANCE------'^'''---''''--'---'---''------~''---'-----.---.. zn zWater Quality Certification .................................................................................................... .- 18 e.Section rofthe Endangered Species Act .................................................................................. zo o.Section 1o6*fthe Historic Preservation Act ............................................................................. 10 4. Coastal Zone Management Act of 1972--..---..-.----.---.--..--.-....---..---.. 1/ wl. ENVIRONMENTAL ANALYSIS ..................................................................................................... xz A. GENE, RAL DESCRIPTION OF PROJECT AREA'S WATERSHED .............................................. zz B. CUMULATIVE EFFECTS ......................................................................................................... 12 1. Geographic Scope ..................................................................................................................... /o x. Temporal Scope ........................................................................................................................ zu C. PREFERRED ALTERNATIVE ...--.--.--..----------.--.---.-----.-..-. 13 1. Geological and Soil Rmommr*ee-..---.---.----.--..--.--.-.----.-.---,-.--- za 2.Historic and Cultural Resources .............................................................................................. 14 o.Water Resources ...................................................... .................................. ..----.--.--.. 15 «. Fisheries and Aquatic Life Remourcem.--..-.---.--....------.-.----.--..--.-.. xr, s.Terrestrial Resources ............................................................................................................... 16 6. Aesthetic Resources ................................................................................................................. os rRecreation and Other Land and Water Uses ............................................... ................... .......... 26 °"^ CONCLUSION. .... .......... ...... .................. ---'----.......... ........ -................. .......... ... uv A- CUMMULATIVE IMPACTS OF THE PREFERRED ALTERmATlVE....... -.......... ......... ........ . 27 B. UNAVOIDABLE ADVERSE IMP -ACTS .... .-.-.--------.......... -^,-^-...'~..-^..^'~_ C. NO ACTION .~..--.-~..---~~'^^'~ 28 vzD...~.~~'^_^~^'—'~^-'''~--~-^-'-^-'-'~- 29 EovbonmenuuAssesoncmt } Table I Federal and State Protected Species for Warren County............ 18 Table la Migratory Birds of Conservation Concern ............................ 23 Table 2 Boating incidents on Lake Gaston reported to FERC 2009-2014.. 26 Table 3 Cumulative effects of the preferred alternative ....................... 27 Appendix A Figure 1. Site Vicinity Figure 2. Parcel Data Figure 3. USGS Topographic Map Figure 4. USDA Soils Map Figure 5. Existing Conditions Figure 6. Proposed Conditions ,111, 1111, a # . 941 ,• 11 1 Appendix C. USFWS List of Protected Species for Warren County NCHP List of State Protected Species Appendix D. Letters of Coordination Sent to and Received from Agencies and APO(M- Appendix E. Figure 7. Shoreline Photographs of EFEPOA Pail Figure 8. Aerial Photograph of EFEPOA Park — Existing Conditions zn, Figure 9. Aerial Photograph of EFEPOA Park- Proposed Conditions Figure 10. Eaton's Ferry Estates Boa, Slip Assignment Procedure Appendix F. Public Meetings and Attendance Appendix G. Operations Plan 11 Environmental Assessment Eatons's Ferry EstatesPOA September 2014 APO Adjacent Property Owner BEGEPA Bald and Golden Eagle Protection Act BMP Best Management Practice CAMA Coastal Area Management Act CEQ Council of Environmental Quality CFR Code of Federal Regulations CRC Coastal Resources Commission CUP Construction & Use Permit CWA Clean Water Act CZMA Coatal Zone Management Act County Warren County Dominion Dominion Virginia Power/Dominion North Carolina Power EA Environmental Assessment EFEPOA Eaton's Ferry Estates Property Owners Association EFH Essential Fish Habitat ESA Endangered Species Act FERC Federal Energy Regulatory Commission FONSI Finding of No Significant Impact Ft Feet GIS Geographic Information System GNU Greystone Management,lnc. Lake Lake Gaston MBTA Migratory Bird Treaty Act MNWL Mean Normal Water Level NCAC North Carolina Division of Coastal Management NCDCM North Carolina Division of Coastal Management NCDENR North Carolina Department of Environmental and Natural Resources NCDLR North Carolina Division of Land Resources NCDWQ North Carolina Division of Water Quality NCNHP North Carolina Natural Heritage Program NCWRC North Carolina Wildlife Resources Commission NEPA National Environmental Policy Act NHPA National Historic Preservation Act NMFS National Marime Fisheries Service NPDES National Pollution Discharge Elimination System NRCS Natural Resources Conservation Service NRNP National Register of Historic Places QLO Qualified Lot Owner( One qualified to enter the EFEPOA boat slip lottery) SHPO State Historic Preservation Office SMP Shoreline Managemen Plan for the Roanoke Rapids & Gaston Hydropower Project The Park Eaton's Ferry Estates Community Park on Parkway Drive at Eaton's Ferry Estates THPO Tribal Historic Preservaion Officer USAGE United States Army Corps of Engineers USC United States Code USFWS United States Fish & Wildlife Service USGS United States Geological Survey VDEQ Virginia Department of Environmental Quality WS Water Supply EmAronmCntal SepttmlbeT 20 Eaton's Fm—y Estatea POA Lake Gaston is owned by Virginia Electric and Power Company, a unit of Dominion Resources, Inc., dba Dominion North Carolina Power ( Dominion) under FERC license ( FERC Project Number 2009) for the Roanoke Rapids and Gaston Hydropower project. Dominion requires that any construction proposed within the boundary project be accomplished pursuant to Dominion's Roanoke Rapids and Gaston Construction and Use Procedures —Appendix I Guidelines for Preparing an Applicationfor Commercial or Private Multi -Slip Development ( December 3, 20 10) and the Lake Gaston and Roanoke Rapids Lake Construction and Use Procedures, Eaton's Ferry Estates (EFE) is located in Warren County and was initially developed in the late 1970s. EFE is comprised of 160 waterfront lots, 162 offshore lots, and two private parks. The Forest Hills park consists of a single boat ramp and one small dock utilized for launching and loading boats. The Parkway Drive park, "The Park" features a single boat ramp and small dock utilized for launching and loading boats. In addition, the Park has picnic tables, trash receptacles, port -a -john and 6 existing docks that accommodate 14 boat slips and a community dock adjacent to a boat slip. Coordinates are : ( Lat: 36'-30'-01.6" N and Long: 77'-57'-.023W). Eaton's Ferry Estates Property Owners Association ( EFEPOA) proposes to construct 4 new boat slips on two new pile -supported docks, 4 ft. x 40 ft. each, renovate an existing community pile supported dock to accommodate 2 boat slips for a total of 6 new slips which will measure I Ift. x 28 ft, each along approximately 85 linear feet of shoreline owned by Dominion. These slips will compliment the 14 existing slips in the Park. In addition, EFEPOA plans to construct a new community dock, measuring 5 ft. x 40 ft with a as right oriented " L" measuring 10 ft. x 12 ft. as shown in Appendix A, figures 5 & 6. The totality of the above described construction and location is hereinafter referred to as Proposed New Boat Slip Construction (PNBSC) and/or Subject Area. When EFE was being developed in the late 1970s, 10 boat slips were initially constructed and added 4 additional slips in 2003 with Dominion's approval to accommodate lot owners who (a) owned an offshore lot or (b) lot owners who owned a waterfront lot but did not have a dock approved by Dominion. With the improving economy, there has been a bigger demand for offshore lots that have access to the existing slips at the Park. EFEPOA conducts a free lottery on the first Saturday in March of each year for an annual rental contract for offshore lot owners and waterfront lot owners who do not have a Dominion approved dock. The proposed addition of 6 boat slips would certainly make it easier for more lot owners to have the opportunity to obtain an annual contract to use a slip on an exclusive basis for one year. The EFEPOA owns and maintains the slips pursuant to the Dominion Construction and Use Procedures and rules. Boat slips permitted by Dominion to EFEPOA do not convey should a slip tenant sell his lot during the year of his tenancy. EFEPOA charges a nominal fee of $ 250.00 per year to defray maintenance costs. The entire shoreline that surrounds the PNBSC is both bulk -headed and rip -rapped. The grade at the top of the bulkhead is relatively flat and well established centipede grass grows from the bulkhead approximately 20 ft with an estimated slope of 2% to a natural area of established pine trees and mixed hardwoods. The existing bulkhead nor rip -rap will be disturbed during construction of the docks/boat slips described above. No land or vegetation disturbing activity will be conducted during the proposed construction that would create a sediment or erosion issue. On- site observations and data collection for this EA have revealed there shall be no adverse or detrii-nental impacts to Dominion owned property, water quality, protected and beneficial species of any type recognized by federal or state lists or by Dominion. EFEPOA has followed Dominion's Roanoke Rapids and Gaston Construction and Use Procedures Guidelines for Preparing an Application for Commercial or !,,,ijate multi -Slip De-,.)elopment ( December 3, 201 0J and the Lake Gaston and Roanoke Rapids Lake Canutruiction and Use Procedures and Sec. 5.2.3.1 of Dominion's SMP, October 10, 201q Revised. IN EnvirorArnental Assessmens Eaton's Ferry Estates POA September 2014 On May 5,2014, Joe S. Johnson, an EFEPOA Board Member, met with Mr. William Miller, Reservoir Supervisor for Dominion, on site to review the EFEPOA plans and existing site conditions. Following the meeting, the EFEPOA submitted a completed and executed Construction & Use Permit Application package and appropriate fees to Dominion on May 12, 2014. The EFEPOA received a fully executed CUP from Dominion on May 24,2014. On June 16, 2014, Mr. Miller notified Mr. Johnson via email that he attended a meeting the previous week with USAGE concerning the interpretation of Dominion rules for commercial and private marinas seeking to increase boat slips. It was determined at that meeting any facility over 10 slips, or any addition to a facility over 10 slips requires an Environmental Assessment ( EA) and approval by FERC. Mr. Miller advised Mr. Johnson that the CUP license that he signed and provided to the EFEPOA was no longer valid (Appendix B). This EA is prepared for FERC approval and for Dominion to approve the proposed six additional boat slips within the project boundary via a Dominion Construction and Use Permit. An application for a Dominion CUP will be submitted separately by the Applicant, The Applicant proposes to maintain the existing vegetated buffer within the project boundary for the proposed development area of the boat slips with no impervious surface. Specific details regarding vegetation and other pertinent matters are included in the Operations Plan ( Appendix G) and elsewhere in this EA. This EA assesses the effects of the proposed new boat slips and has considered a no action alternative, the preferred alternative and a different configuration for the proposed boat slips. Dominion owns a 10 foot to more than 200 foot wide area along the entire shoreline of the lake and jointly manages the Roanoke Rapids and Gaston Hydropower Project under FERC license ( FERC Project No. 2009). Any proposed construction within the project boundary must be accomplished in accordance to their construction and use procedures. EFEPOA proposes to construct two ( 2) docks that will accommodate four (4) boat slips, reconfigure an existing community dock to accommodate two ( 2) boat slips and construct a new community dock at "the Park" on Parkway Drive at Eaton's Ferry Estates. These proposed additional boat slips will compliment the fourteen (14) existing boat slips of similar design, size and construction materials. EFEPOA board member, Joe S. Johnson met Mr. William C. Miller, Dominion Reservoir Superintendent, at the Park site on May 5,2014 to review the existing conditions and the proposed location for the six additional boat slips and community dock. EFEPOA submitted the completed Dominion Construction and Use application and required fees on May 12, 2014. Dominion approved the Application and issued a CUP on or about May 24,2014. On June 16,2014, Dominion rescinded the CUP pending EFEPOA submitting an EA and obtaining approval from FERC and the USAGE (Appendix B). In the Shoreline Management Plan (SMP) -Fig. 3.1 Dominion 2010, the General Land Use Map for Warren County, NC indicted that the site of the proposed boat slips and the shoreline around the Park is classified as General Development. III. PURPOSE OF ACTION AND NEED FOR ADDITIOAL BOAT SLIP A. PURPOSE OF ACTION The Purpose of this study, is to evaluate the environmental resources in the immediate vicinity of the proposed additional boat slip construction at The Park at Eaton Ferry Estates. Specifically, the following resource; areas will be evaluated: 1) biological inventory within the study area including I Enviromnental ,Assessment Eaton's Ferry Estates POA September/20 14 vegetation, wetlands, streams, protected species, general wildlife, and water quality, 2) an assessment of project alternatives including a no action alternative and the preferred alternative, 3) an assessment of probable impacts resulting from construction, and 4) a determination of permit needs pursuant to Dominion's Construction and Use Procedures. B. SUBJECT AREA The subject area for PNBSC at The Park is being defined for this EA as roughly a 20 to 50 - foot wide strip of land along approximately 85 linear feet of shoreline owned by Dominion North Carolina Power and regulated by their license ( FERC License Number 2009). (Appendix A - Figure 6) The subject area abuts a 1.5 acre tract owned by the EFEPOA which is designated on the plan entitled EFEPOA Park —Existing Conditions. ( Appendix A- Figure 5). The Park, described above, is essentially a peninsula extending into a cove off the main Lake. Within the project boundary, an existing bulkhead and rip -rap extends around the perimeter of the shoreline of the Park. From the top grade of the bulkhead, a well maintained centipede grass lawn strip approximately 20 feet wide extends from the edge of the bulkhead around the Lakefront of the Park. Adjacent to the centipede lawn area is a natural area consisting of mixed hardwood and pine trees. A natural ground cover of pine straw and mixed grasses cover the ground within the natural areas. The natural areas and the centipede lawn areas are maintained weekly during the growing season and on an as need basis during winter months to maintain an aesthetic appearance. C. NEED FOR ADDITIONAL BOAT SLIPS The Park features a single boat ramp and small dock utilized for launching/loading boats. In addition, the Park has picnic tables, trash receptacles, port -a john and 6 existing docks that accommodate 14 boat slips. The Park also features a community dock adjacent to an existing boat dock. When EFE was being developed in the 1970s, six (6) pile driven supported docks, 4 ft x 40 ft. which would accommodate 10 boat slips were initially constructed and later reconfigured a dock with Dominion's approval in 2003 to add 4 additional slips. The initial boat slips were constructed by the original developer of Eaton Ferry Estates with approval from Dominion. The subsequent 4 additional boat slips were added by EFEPOA with approval from Dominion to accommodate lot owners who (a) owned an offshore lot or (b) lot owners who owned a waterfront lot but did not have a dock approved by Dominion. With the improving economy, there has been a bigger demand for offshore lots to have access to the existing slips at the Park. EFEPOA conducts a free lottery on the first Saturday in March of each year for an annual rental contract for - offshore lot owners and waterfront lot owners who do not have a Dominion approved dock. The proposed addition of 6 additional boat slips would certainly make it easier for more qualifying lot owners to have the opportunity to obtain an annual contract to use a slip on an exclusive basis for one year. At the annual EFEPOA lottery drawing for boat slips at The Park on March 1, 2014, the EFEPOA received 20 applications from lot owners for 14 slips. It should be noted that existing slip number 12 is not suitable for a standard boat slip as it is too shallow. The EFE POA does allow a lot owner to use slip 12 only for a personal water craft. Existing slips numbered 12, 13 and 14 are perpendicular to an existing dock. All other existing slips are parallel to the docks to which they are assigned. (Appendix A- Figure 5). A complete discussion of EFE boat slip assignment procedures is shown on ( Appendix E- Figure 10). The 14 ( 13 usable) boat slips at the Park have served their initial purpose but as more offshore lot owners are beginning to build homes on previously vacant lots and the EFEPOA. has consistently received more applications than there are boat slips. Hence, there is a definite demonstrated neeri for additional boat slips within the EFEPOA community. En i onmerrtal Assessment Eaton,'s Ferry Estates POA September 2014 The following activities have been proposed to be conducted on Dominion's land (Appendix A - Figure 6). • Reconfigure an existing community dock to accommodate 2 boat slips - Dock A. ® Construct two (2) boat docks measuring 4 ft x 40 ft. that will accommodate 2 boat slips each - Docks B & C. ® Construct one ( 1) new community Dock D adjacent to the designated swim area at the Park. The EFEPOA Park has the physical attributes of adequate land area surrounding the Dominion owned project land to add two (2) new docks ( A & B) measuring 4 ft. x 40 ft. to incorporate one (1) boat slip measuring approximately i l ft. x 28 ft. on each side of the dock by utilizing 4 x 6" tie off post between adjacent slips. The two new docks described above will accommodate four ( 4) boat slips. In addition, the applicant proposes to reconfigure an existing community dock which measures 5 ft. x 40ft. and, which has a left oriented "L" at the end of this dock adjacent to an existing boat slip. The Applicant proposes to remove the 6 ft. x 10 ft. "L" so the result would be a straight dock measuring 5 ft. x 40 ft. capable of having an I 1 ft. x 28 ft. boat slip on each side with 4 x 6" tie off posts, bringing the total of new boat slips to six ( 6). The Applicant proposes to construct a new community dock with right side oriented "L" between proposed new dock B and the Park's boat ramp. Appendix A- Figure 7. Although the previously designated swim area at the Park will be reduced by approximately 60 linear feet along the shoreline, the community use of the swim area has diminished over the years as more waterfront lot/homeowners prefer to use their private docks for swim activities. 1. Environmental Measures During Construction The NC Sediment and Pollution Control Act of 1973 Sediment Control Act requires the preparation of an erosion and sediment control plan and approval by NCDENER prior to construction if more than '/z acre will be disturbed. The PNBSC will not disturb any of Dominion's land, existing bulkhead or existing rip -rap or EFEPOA land. However, in the event that any of Dominion's land, existing bulkhead, existing rip rap, or EFEPOA land is disturbed in excess of '/z acre, the EFEPOA proposes to employ environmental BMPs to ensure the water quality of the Lake is not compromised during or post construction. Any requirements of the North Carolina Erosion and Sediment Control Planning and Design Manual, the North Carolina Sediment and Pollution Control Act of 1973 ( North Carolina Code § 133A Article 4) and the North Carolina Erosion and Sediment Control Regulations ( 15A NCAC 04 et seq.) will be adhered to by the Applicant during and post construction including reseeding or mulching any disturbed areas within 15 working days following completion of construction. BMPs, including silt fences will be utilized where applicable to control run off and to keep sediment from leaving the property described above. Under the No Action Alternative, the Applicant would abandon it's request for the six additional boat slips and leave the Park in it's present configuration_ The goal of the proposed action is to create a safer swim environment for the lot owners of EFE and their guests, create additional opportunities for qualifying lot owners ( QLO) to have easier access to the lake without having to trailer primarily pontoon boats from either their homes or off site storage to a brat ramp that can safely accommodate pontoon or other large boat launching /loading. The boat ramp at the EFEPOA Park is not adequate to accorrinodate certain types of pontoon trailers. Ey build-IlIg the proposed new conununity dock, a :safer swim arca is created away from boats entering or leaving a slip as opposed to it's cLLrrent location. Without the additional boat slips, thosc lot owners who were not fortunate to have their number drawn at the annual EFEPOA lo;te y each Oa .i =olo tis 7 Envirorimental Assessment Eaton's Ferry Estates POA Septeirb4;r 201 fi 'f have to trailer their boats to a large public ramp for use at the Lake and pull the boat back home later in the day. There is no temporary overnight slip space at Eaton Ferry Estates. The availability of assigned boat slip space is especially helpful to residents who are disabled to the point of attempting to launch/load a large boat or trailer one poses a severe hardship and potential loss of opportunity to enjoy the Lake. Two alternative locations for additional boat slips within the Eaton Ferry Estates community were considered, but eliminated from additional review. 1) Locate the proposed six( 6) boat slips out on the point area of the Park overlooking the main Lake. This area has long been enjoyed by many residents as it has a picnic table and benches for viewing the Lake without any visual obstructions. Although the water depth is slightly greater than at the preferred location, the EFEPOA Board of Directors reasonably concluded that a continuation of docks at the preferred location would be the safest, most functional solution while preserving the aesthetics of the Park. 2) Locate the proposed six slips perpendicular to the bulkhead, rip -rap shoreline at the Forest Hills Drive boat ramp/ mini park off Forest Hills Drive. This area was renovated last year but lacks the physical space required to accommodate three new docks that could accommodate 6 new slips. V. CONSULTATION AND COMPLIANCE A. CONSULTATION The Roanoke Rapids and Gaston Construction and Use Procedures Guidelines for Preparing an Application for Commercial or Private Multi -Slip Development — Appendix I (December 3,2010) requires that applicants consult with the following state and federal agencies: USFWS,USACE,NCDWQ,NCWRC, NCDCR and the USCG. This consultation is the first step in demonstrating compliance with the Clean water Act, National Historic Preservation Act, Endangered Species Act, and the Fish and Wildlife Coordination Act, among others. M� r,� Various resources were used in the preparation of this document and during the investigation. These include, but are not limited to, USGS topographic mapping ( Gasburg, (VA) and Littleton, (NC) 7.5 minute quadrangle), Warren County aerial photography, the Warren County GIS data base, NCNHP data base, SHPO data, USFWS list of species for Warren County, NCDWQ water quality designations, and historical information regarding the property provided by the Applicant. Joe Johnson of GMI visited the property on June 28,2014 and met with Applicant to discuss the scope of the EA. Additional visits were made to the property on July 5,2014, July 12, 2014, August 9,16, and 23d, 2014, for the purpose of collecting site specific data for the preparation of this document. Plant community descriptions are based on the SMP and the plant names typically follow nomenclature in Radford et al. (1968). The Regional Supplement to the USACE Wetland Delineation Manual: Eastern Mountains and Piedmont Version ( USA CE 2010 version 2.0) was 1 used to document the presence or absence of wetlands on the property. Water quality information was obtained from NCDWQ sources. Sampling was not conducted in lieu of existing data. Z� Species within the federal classification of endangered ( E), or threatened, (T), are protected under the Endangered Species Act( ESA; of 1973 as amended f -1 6U. S. C, i 531, et seq.). The miost current listed of federally protected species known to- occur ire Warren County is dated December 27,2012 (Appendix C ), 8 Environmental Assessment Eaton's Ferry Estates POA Seotember 2014 Initial scoping contact for consultation to NCWRC, NCDCFZ, NCDWQ, USFWS,USACE, USCG and Dominion was made by GMI during July and August 2014. APO # 1, Martha M Rogers, Trustee was notified via first class mail with letter and comment sheet on August 13 2014. A copy of the letter and attachments sent to the APO along with the record of delivery are provided in Appendix D. The comment sheet from the APO was signed on August 16,2014 and returned to GMI. APO # I had no objection to the project. APO # 2, Michael A. And Connie M. Sweet, Jr. were notified via certified letter on August 16, 2014. A copy of the letter, comment and plan of proposed conditions were sent to the APO and copies of the letter, comment form and proof of delivery are provided in Appendix D. The Comment forms were executed by Michael A. and Connie M. Sweet on August 18,2014 and returned to GMI. APO # 2 had no comment about the project. 3. Public Notice, Public Informational Meeting, and Public Comments Public notice for the proposed public meeting was advertised in three local newspapers a minimum of 30 days before the public meeting. The papers include the Lake Gaston Gazette - Observer, The Warren Record and The Daily Herald. Proof of publication for these three papers is provided in Appendix E. The public meeting advertised for Tuesday, September 16, 2014 at the Eaton's Ferry Grill and Grocery, 1519 NC Highway 903 S. is a preliminary meeting. A follow-up public meeting will be re -advertised a minimum of 30 days before the meeting in three local newspapers after all agencies reviewing this draft EA have submitted their comments. 4. Notification of the Draft Environmental Assessment The Draft EA was sent to the following agencies for comment on September 15, 2014: NCWRC, USFWS, USACE, NCDWQ, NCDCR, USCG and Dominion. These agencies are given a 45 day comment period that ends on October 27, 2014. Agencies that do not provide comments by the due date are assumed to have no objection to the construction of 6 additional boat slips at the Park. All correspondence received from the commenting agencies is included as Appendix D and summations are below. i. North Carolina Wildlife Resources Commission- NCWRC's comments will be incorporated into this draft EA upon receipt. ii. United States Fish and Wildlife Service- USFWS provided initial endangered species lists and migratory birds of concern through the Trust Resources List obtained on- line. USFWS Comments will be incorporated into this draft EA upon receipt. iii. United States Army Corps of Engineers- Cornmems will be incorporated into this draft EA upon receipt. iv. North Carolina Division of Water Quality- NCDWQ provided initial information concerning water quality via an email coni tan N­TcMillan dated August '11,2014. 11117CDWQ's Comments will incor-porated into this draft EA upon- receipt. N Environmental Assessment Eaton's Ferry Estates POA September 2014 v. North Carolina Department of Cultural Resources- NCDCR comments will be incorporated into this draft EA upon receipt. vi. North Carolina Department of Environmental and Natural Resources- Office of land and Water Stewardship- Initial comments were provided in a letter dated August 13, 2014 from Allison Schwarz- Weakley, Conservation Planner, NC Natural Heritage Program. Additional comments will be incorporated into this draft EA upon receipt. vii. Dominion — Dominion's comments will be incorporated in this draft EA upon receipt. viii. United States Coast Guard- The USCG's comments will be incorporated in this draft EA upon receipt. B. COMPLIANCE 1. Water Quality Certification GMI conducted a site visit on June 28,2014 to meet with the Applicant. GMI visited the site on July 5, 2014, July 12, 2014, and August 18,2014 to evaluate the existing site conditions. Non - vegetative shallows were observed in the immediate vicinity of the proposed construction of the six (6) additional boat slips. Upon receipt of the FONSI, the Applicant will obtain the proper state and federal approval for this project including a Section 404 permit from USACE and a Section 401 water quality certification from NCDWQ ( as deemed applicable). No regulated discharge of dredge or fill material is proposed as part of this project other than the wooden piling used for the docks themselves. 2. Section 7 of the Endangered Species Act Federal agencies, such as FERC, are required to ensure that their actions do not jeopardize the continued existence of federally threatened or endangered species or result in the destruction or adverse modification of their habitat. GMI has obtained the current USFWS list from their website dated 12-27-2012 of federally protected species with ranges considered to extend into Warren County. USFWS identified 2 endangered species for Warren County along with 7 federal species of concern , and I species protected by the BGEPA (Appendix C). A search of July 2014 NCNHP data indicate that no federal listed species have been documented within I mile of the EFEPOA Park and the USFWS IPAC program of the Trust Resources List revealed that there are no critical habitats in the project area. The trust Resources list revealed 9 Migratory birds of concern listed as of August 14, 2014.The site reconnaissance revealed that the Park does not contain suitable habitat for the federal listed species or the migratory Birds of Conservation Concern in Table I -a. The July 2014 NCNHP data also indicated that there are 22 state listed threatened or endangered species known to occur in Warren County ( Appendix C). Only two of these state listed species have been documented within I mile of the EFEPOA Park. The Tidewater Mucket ( T) was observed .9 miles south of the proposed project. The occurrence of Bachman's Sparrow ( State SC, Federal SC) was documented north of the proposed project area in a clear-cut on the north side of NC 903 and west of its intersection with SR -1362. No anadromous fish spawning areas or migration routes in the vicinity of the PNBSC were identified in the NCNHP records data. One migratory bird, the Worm -eating Warbler has a potential migratory route near the Park . 3. SECTION lilt of the National Historic Preservation Act Section 106 of the National Historic a resexvatior rt ci of lead, as Amended ( Hl- PA; 16 USC 4 7 ) applies when two criteria aremet: t A proposed action requires federal grants, kicensing, or -permitting. * A proposed action has the potential to affect Historic, Properties. 10 Environmental ASSe=erlt Eaton's Ferry Estates POA September 2014 " Historic Properties" are generally defined as districts, buildings, structures, objects, or archaeological sites listed or determined eligible for listing in the National Register o, f Historic Places ( National Register). Section 106 requires federal agencies to identify and assess a proposed action's effects on historic properties, and to provide state preservation officers (SHPOs), tribal historic preservation officers (THPOs) and, if necessary, the Advisory Council on Historic Preservation, a reasonable opportunity to review and comment on these actions. If historic properties are identified and will be affected by the proposed action, the agency or Applicant , in consultation with the SHPO/THPO, must asses the possible adverse effects. If a proposed action is found to result in an adverse effect to a historic property, agreement on the mitigation of the adverse effect is reached through consultation with the SHPO/THPO. A Phase IB cultural resources assessment was not conducted for the subject property; however, previous development of the Park which included bulkhead and rip -rap placement along the shoreline within the project boundary indicates that the site of the proposed action has no potential to contain significant cultural resources. A copy of this draft EA and letter was mailed to the North Carolina Department of Cultural Resources ( NCDCR) on August 28,2014. The SHPO was requested to review the subject property through this draft EA and advise GMI if any cultural resources would be adversely affected by the proposed action. A copy of the correspondence to the SHPO is enclosed in Appendix D. All comments from the SHPO and the THPO will be incorporated into this draft EA upon receipt. 4. Coastal Zone Management Act of 1972 The CZMA was enacted in 1972 to encourage coastal states to develop programs that manage the competing uses of land impacts to costal resources. In North Carolina the CZMA applies to any activity located within the coastal area that may affect any coastal resource or coastal use. A federal consistency determination is required for the project if it is a federal activity, requires a federal permit, receives federal money, or is a plan for exploration, development or production from an area leased under the Outer Continental Shelf Lands Act. North Carolina's Coastal Management Act is regulated by the NCDCM and serves to enforce the CZMA at the state level. There are 20 coastal counties in North Carolina that are subject to CAMA. Warren County is not one of the 20 coastal counties and is not subject to the CZMA. � � 4 This chapter provides a description of the environment that would be affected by the proposed action, including subsequent maintenance activities, as required by CEQ regulations for implementing NEPA ( 40 CFR Parts 1500-1508). The description focuses on those features of the environment that would be potentially affected by the proposed addition and construction of six boat slips at the EFEPOA Park ( PNBSC). NEPA documentation seeks to reduce the length and detail of analysis by focusing on the context of those documents being "analytic rather than encyclopedic" [ 32 CFR 651 Appendix E (a) (1)]. This regulation provides for discussion of impacts " in proportion to their significance ; and significant impacts will only be discussed briefly, sufficient to show that detailed analysis is not required." Lake Gaston is approximately 34 miles in length and covers approximately 20,300 acres. it is located in the Piedmont Physiographic Rrovince of the Roanoke River Basin downstream from the John Id, Derr Darn and reservoir. The Lake is located in five counties: Brunswick and Mecklenburg in Virginia and Halifax, Warren and North Hampton in North Carolina. Water level Environmental Assessment Eaton's Ferry Estites POA Sete ber'2014 fluctuation is typically within I foot when the Lake is being used for hydroelectric power generation. The elevation at full pool is approximately 200 ft above MSL ( Kerr Environmental 2008). The EFEPOA Park and area of the PNBSC, is located In Warren County approximately 1 mile east of the Eaton Ferry Bridge along the southern shoreline of the project boundary within a cove of the main Lake. This area of the Lake from the Eaton Ferry Estates community east and along the southern project boundary of the Lake approximately 17 miles to the Dam is heavily populated with permanent and seasonal homes which is intermingled with forested land and agricultural land, both waterfront and off shore comprise the largest land uses. Big Stone Creek and other creeks that flow into the main Lake from the South to contribute to the main Lake watersheds. The Park where the proposed construction is to occur is approximately 8,000 linear ft. upstream from where Big Stone Creek enters the main Lake. Eaton Ferry Estates ( EFE) , where the Park is located, encompasses approximately 10,000 linear feet of shoreline along the project boundary on the main Lake and an additional estimated 10,000 linear feet of shoreline on the Big Stone Creek project boundary. Approximately 100% of the shoreline on the main Lake is bulk -headed and rip - rapped and 95% of the shoreline on Big Stone Creek is bulk -headed and rip -rapped. The entire shoreline perimeter of the Park has bulkhead and rip -rap except for the concrete boat ramp at the Park. Eaton Ferry Estates has approximately 160 waterfront lots of which approximately 99% are fully developed with single family homes. EFE also has approximately 162 off shore lots of which approximately 70% are fully developed with single family homes. B. CUMULATIVE EFFECTS Cumulative impacts are defined by the Council on Environmental Quality in 40 Code of Federal Regulations 1508.7 as: Impacts on the environment which result from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency ( federal or non-federal) or person undertakes such other actions. A methodical process was used to systematically examine the potential cumulative effects of the proposed action in combination with other past, present and reasonably foreseeable future activities. This approach is consistent with the guidance provided by Considering Cumulative Effects Under the National Environmental Policy Act ( Council on Environmental Quality, 1997). The Council on Environmental Quality regulations further require that NEPA environmental analyses address connected, cumulative and similar actions in the same document ( CFR 1508.25).Through scoping, agency consultation, and HMI's independent assessment, no resources were identified that would have more than very negligible, if any, cumulative effects as a result of the construction and use of six (6) additional boat slips at the EFEPCA Park. The increase in development of real estate adjacent to the two lakes, Gaston and Roanoke Rapids Lake shorelines has resulted in decreases up upland and shoreline wildlife habitat travel corridors. An estimated 50% of the two lakes has been developed. This development has also had an effect on fisheries habitat. The Shoreline Management Technical Work Group determined that prudent real estate development should continue around the lakes. To accomplish this, the SMP allows varying degrees of water access while protecting the wildlife and fisheries habitat along with water Quality ( Dominion 2010). Existing docks servicing single faanily lots li3oe the :shoreline west and east of the sczbect property ( Appendix E- Figure 8)- Environmental Assessment. Eaton's Ferry Estates POA September 2.014 The addition of the proposed six boat slips at the Park would provide an extension of an existing amenity to the Park by allowing more offshore lot owners or waterfront lot owners who do not have an existing personal dock or permit from Dominion to have boat access to the water without having to trailer their boats in and out of the Lake before and after daily use. The added benefit to the environment would be less activity at the boat ramp and decreased water disturbance which occurs when launching and loading boats. The proposed docks and boat slips represent a continuation of what currently exist at the Park. The existing docks with boat slips were approved by Dominion. In addition, the proposed six additional slips were approved by Dominion and a Permit issued in May, 2014 and rescinded on June 16, 2014 because the Applicant did not have an EA on file with FERC. This EA provides documentation on the resources present inside the project boundary and how the PNBSC affects those resources. No resources are expected to be affected in a manner that is detrimental to the overall environmental conditions of the Lake or the surrounding landscape. 1. Geographic Scope Most of the land in the five county area around the Lake is privately owned by individuals and corporate entities. Dominion owns a continuous strip of land that completely encircles the Lake, varying in width from 10 feet to over 200 feet. There are also areas around the lake that are owned or managed by the Federal government and the states of Virginia and North Carolina. The Park is essentially a peninsula surrounded by two coves and is approximately 1.5 acres in size. The " point" of the Park is on the main Lake and faces east toward the Dam. Appendix E- Figure 8. 2. Temporal Scope Construction will conform to the terms of Dominion's Construction and Use Permit. All construction will be completed within one ( 1) year of permit issuance. Refer to Appendix A -figure 6 for proposed site map conditions. • Dock A: Former Community swim dock- To be reconfigured to accommodate 2 boat slips. ® Dock B: Proposed new dock to accommodate 2 boat slips. ® Dock C: Proposed new dock to accommodate 2 new boat slips • Dock D: Proposed new community dock All regulatory guidelines and requirements as regards minimization of sediment and erosion control will have full compliance in accordance with the North Carolina Sedimentation Pollution Control Act of 1973 and the North Carolina Erosion and Control Regulations ( 15A NCAC 04 et seq.). C. PREFE RRED ALTERNATIVE ATIVE In this section the effects of the prefen-ed alternative or, environmental resources are discussed. For each resource the affected environinent is first described ,which is the existing condition and baseline against which effects are measured, The specific. environmental issues are analysed and thea discussed. u Environmental Assessment Eaton's Fere , Estates POA September 2014 The Applicant's PNBSC will cause minimal or no land disturbing activities along Dominion's shoreline and within the shallow water habitat of the Lake. These disturbances will be limited and very temporary in nature, and the Applicant proposes the use of current BMWs and mitigative measures to minimize and or neutralize any adverse effects. The proposed work will essentially consist of driving 4 x 6 inch wooden pilings into the Lake bottom to support each of two new docks B and C as described in the temporal Scope on the preceding section which will measure 4 feet x 40 feet. The bottom chords of the three 2 x 8" joist attached to vertical wooden pilings will rest upon the top of the existing bulkhead at the shoreline. Dock A will simply have the existing left oriented " L" removed in order to accommodate 2 boat slips. Dock A measures approximately 5 ft. x 40 ft. plus the 10 ft x 12 ft." L" which will be removed. Dock D will be constructed similar to docks B and C but will have a right oriented " L" measuring 5 ft x 12 ft added at the end. All docks shall not extend more than 40 feet from the top of the existing bulkhead at the shoreline out into the Lake. These measurements are within the accepted standard to comply with Dominion's Construction and Use Agreement. The applicant employed the basic construction methodology when the original docks and boat slips were constructed more than 30 years ago. During that period of time, there have been no adverse environmental issues raised to the Applicant's knowledge. Issues of land disturbance and water quality will be more fully discussed in the following sections: Geological and soil Resources ( section VI. C. lb.) Historic and Cultural Resources Section VI.C.2.b), Water resources ( Section VI.C. 3b.), Fishery and Aquatic Life Resources Section VI.C.4b.),Terrestrial Resources (Section VI.C.5b.), Aesthetic Resources ( Section VI.C.6.b.) and recreational and Other land and Water Uses ( Section VI.C.7b.). 1. Geological and Soil Resources a. Affected Environment The EFEPOA Park is located in the Piedmont Physiographic Province of North Carolina. Soils on the property are of the Cecil sandy loam ( CeB) and Pacolet sandy loam ( PhQ series. A small portion of the Pacolet sandy loam (PhE) series is found near the boat ramp. A portion of a Warren County Soils map is shown in Appendix -A Figure 4. The onsite assessment by GMI on June 28,2014, July 5, 2014 and July 12, 2014 revealed no evidence of shoreline or other erosion within the area of the Park. No future erosion is anticipated due to the presence of well preserved bulkhead and rip -rap around the shoreline. Additionally, the presence of established centipede grass which extends from the shoreline to the project boundary approximately 20 feet where it abuts the Park owned property and a naturally wooded area with mixed established ground cover has served to eliminate erosion at the property for almost 30 years since the EFE community was commenced. The Applicant will install and maintain sedimentation and erosion control BMPs any time there is land disturbing activity on the EFEPOA Park. However, there are no plans to conduct any land disturbing activity at the Park that would require approval from NCDLR. The entire scope of construction anticipated by the Applicant will be limited to the construction of six ( 6) additional boat slips as previously discussed in this document. a. Affected Environment The Eastern Band of Cherokee Indians ( EBC1) are the only federally recognized Native American tribe in North Carolina, covering Cherokee, Graham, Jackson, Macon, and Swain Counties in western North Carolina. In addition to the EBCl, the State of North Carolina reco,gnizes seven additional tribes: Coharie ( Sampson County), Flahwa- Saponi (`warren and M Environmental Assessment Eaton's Fei-ry Estates POA September 2014 Halifax Counties), Lumbee ( Robeson County) , Meherrin ( Hertford County), Occaneechi band of Saponi Nation ( Alamance and Orange counties) Sappony( Person County), Waccamaw-Siouan ( Columbus and Bladen Counties). None of these tribal lands are located with or adjacent to the EFEPOA Park. Research conducted by GMI indicate that there are no recorded historical structures within one mile of the EFEPOA Park and no recorded archeological sites within the area of the proposed new construction of boat slips at the EFEPOA Park. The SHPO and THPO comments will be incorporated into this draft EA upon receipt. b. Environmental Impacts and Recommendations No Tribal lands will be impacted by the proposed action. A phase 113 cultural resources assessment was not conducted for the subject property; however previous development adjacent to and within the project boundary as well as the placement of bulkhead and rip -rap suggests that the area proposed for the construction of the six boat slips has no potential to contain significant cultural resources. A letter report was submitted to the SHPO on August 28, 2014 requesting comment ( Appendix D) . Upon receipt of comments from SHPO, they will be incorporated into this EA. 3. Water Resources a. Affected Environment Water Quality of the Lake is affected by the input of chemical constituents from drainages entering the Roanoke River upstream of the Lake ,from streams directly entering the lake, and from water runoff from adjacent lands. Both the NCDWQ and VDEQ have designated the Lake as protected for water supply. NCDWQ assigns surface waters in North Carolina a primary classification. All waters must meet the standards for Class C ( Fishable/swimmable waters. The other primary classifications provide additional levels of protection for primary water contact recreation (Class B) and drinking water ( WS I-V). The Best Usage Classification of the portion of the Lake where this project is located is WS-V,B. The proposed six boat slips will he located to the south west side of a 1.5 acre peninsula, the EFEPOA Park, located approximately one mile east of the NC highway 903 Eaton Ferry Bridge along the southern project boundary. ( Lat: 360-30'-01.6" N and Long: 77°-57'- .023W). There are no water quality restrictions relating specifically to private development boat slips at this location. The construction of six additional boat slips is not expected to contribute negatively to the Lake's water quality. Typical construction methods employed all around the Lake will be utilized by the contractor. The additional boat slips will be of the same basic design and construction as the existing boat slips. The site of the proposed six boat slips and new community dock is located in a flat section of the Pak with well established centipede grass that grows from the bulkhead-riprap shoreline a distance of 20 feet to where the project boundary abuts the EEFPOA park land. No land disturbing activity will occur at this location. A full description of construction methods to be employed have been discussed in detail throughout this document. The proposed construction will have minimal impact on the lake bottom, with the primary impacts resulting fiom the installation of the wooden pilings for the docks and the tie off posts for the Boat slips. 'Ibis minimal bottom impact is not anticipated to affect circulation or dissolved oxygen levels and no detrimental impact to the Lake's water duality is anticipated. In Environmental Assessment FatCn's Fermi Estates POA September '201.4 The aquatic habitat and fisheries of the entire Roanoke River Basin are diverse, including Those found in Lake Gaston. Lake Gaston supports a regionally important warm water fishery. NCWRC manages the Lake with emphasis on species such as largemouth bass, stripped bass, crappie, catfish and Walleye. Several species have been introduced and some are stocked primarily to help maintain adequate resources ( Dominion 2010). The habitat of the Lake is varied. The Lake has many arms, bays, and variation in shoreline composition. Tributary arms and bays appear to be an important nursery areas for many species and areas containing rip -rap often hold concentrations of sunfish. Docks are often utilized by largemouth bass as cover in the spring ( Dominion 2010). Dominion's SMP has classified the area of the proposed six boat slips as General Classification. b. Environmental Impacts and Recommendations Although shoreline development identified in this document as PNBSC, the resulting product, if approved, is not anticipated to result in detrimental impacts to the overall fisheries and aquatic resources of the Lake. As described numerous times throughout this Document, the existing rip -rap along the PNBSC location is less supportive of fish than a undisturbed shoreline that contains native vegetation (Dominion 2005). However, the above described rip -rap has been in place for ahnost 36 years and the sole vegetation observed by GM] reconnaissance during site gathering data were small pockets of water willow near four existing boat slips. The American Water Willow, ( AWW) a perennial, is not listed as a Federal or State protected species for Warren County. However, this species is listed as a beneficial species in the Dominion SMP -Exhibit E ( 2014 Rev.) Additionally, largemouth bass have sought cover around the pilings of the existing boat slips in the spring and other fish species seek the cover of the shallows and rip -rap to spawn in the spring months and provide nursery and long term habitat including sunfish, bluegill, shellcracker and crappie. The NCWRC has indicated that American Shad are stocked above Kerr Reservoir and are migrating downstream through each of the lakes including Lake Gaston. These fish could swim along the project boundary of the near the PNBSC area. However, since no land disturbing activity is anticipated to occur at the site of the PNBSC, there should be no negative effects to anadromous fish species ( Kerr 2008). Should any shoreline stabilization measures be required, they will not be conducted during the period of March I st –June 30l' to protect the spawning areas. Pier and/or dock construction will not occur during this same period to protect spawning fish and coincide with standard NCWRC recommendations and are typically included as a condition of the USACE Section 404 permit, For the purpose of this EA, terrestrial resources include shoreline vegetation, wetlands, and wildlife including federal and state listed protected species, as well as NCN -lP resources. Shoreline Vegetation There is a wide variety of vegetation along the shoreline within the project boundary of the Lake. NCWRC conducted a shoreline vegetation survey in 1999. It was deter nir ed dhat '"and uses on lands adjacent to the Lake have profoundly affected and fnfluenced 11 l nviron,i rental .Assessment Ealon's Ferry Estates POA SciAem-b—a• 20,14 vegetative patterns on the shoreline ( Dominion 2010). There are five broad categories of shoreline vegetation along the Lake. These include forested ( natural) , wetlands, agriculture, forest production, and development ( residential and other). Shoreline vegetation around the Lake is important for many reasons and provides numerous aquatic functions to the aquatic ecosystem as a whole. The vegetation provides stability to the shoreline, wildlife habitat, helps regulate temperatures through shading, and provides woody debris to the Lake which is beneficial to the fishery, along with many other functions. The shoreline along the subject property above the existing bulkhead is primarily maintained centipede grass with some scattered trees. The trees consists primarily of loblolly pine, eastern red cedar, and oaks. The historic use of this property has resulted in a shoreline vegetative community that has been well maintained since the EFEPOA Park was developed approximately 36 years ago. In as much as the Applicant will not engage in any land disturbing activity during the PNBSC that would invoke Section 7.0 of the CUP -Al, A re -vegetation- planting plan is not applicable nor is the NC Erosion Sediment Control Act of 1973 applicable. I Wetlands The SMP (Dominion 2010) identifies three wetland types occurring along the Lake's shoreline. These include bottoniland hardwood forest, shrub -scrub wetlands, and emergent wetlands. These wetlands are important habitat types for both terrestrial and aquatic species. One important wetland function is to promote improved water quality by filtering runoff and attenuating flood waters. The shoreline surrounding the EFEPOA Park and, specifically the area within the PNBSC zone, consists of un -vegetative shallows. The existing bulkhead and rip -rap along the shoreline within the project boundary does not promote suitable substrate for fringing wetland species such as soft rush or sedge species. Therefore, the PNBSC at the EFEPOPA Park will have no effect on the Lake's wetland resources. iii. Wildlife and Protected Species There are more than 36 species of reptiles and amphibians, 94 species of birds, and 32 species of mammals that have been documented along the Lake's shoreline (Dominion 2005). These species utilize a wide variety of habitat types, both natural and altered. The site of the PNBSC at the EFEPOA Park contains habitats that have been altered by human activities for over 36 years as the EFE community was being developed. The Park has been used by EFE residents and guests over the years since initial development began and the resulting wildlife habitat has become a homogeneous area of maintained grass and scattered trees. Although no direct observation occurred during GMI's site visits, this fragmented habitat may still provide some level of support for those species adapted to disturbed environments. These species may include, but are not limited to white-tailed deer, grey fox, raccoons, squirrels, and various birds. The Park, site of the PNBSC does not contain any areas designated as critical habitat game lands, or contain any unique species uncommon to the surrounding area. The USFWS list ( updated 12/27/12) lists sever, Federal Species of Concern (FSC),one species protected by the Bald and. Golden Eagle Protection Act ( BGEPA)and two species as endangered (E) . A species listed as FE is in danger of, extinction throughout all or a, significant portion of it's range. FSC is a species under consideration Jr -or listing=, 101 which there is insignificant information to support listing at this time. M Environmental Assessment Eaton's Forry Estates POA Septernbor 2014 In addition, the USFWS list seven migratory birds that are protected by the regulation of the Migratory Bird Treaty Act (MBTA). The migratory birds listed as Birds of Conservation Concern (BCC) was obtained through the USFWS IPAC, updated on August 12, 2014, and appear on Table I -A. On the NCNHP list updated July 2014, there are twenty-two species listed as State Endangered (E),Threatened (T), Species of Special Concern (SC), or Special Concern - Vulnerable ( SC -V) Listed for Warren County. Several of these state -listed species overlap with the federal listed species monitored by USFWS. Descriptions of these species along with our findings of potential effects follow. Table 1 provides a comprehensive list of the species listed as E, T, SC and SC -V for Warren County, NC. Fable 1. Federal list for Endangered ,'Threatened, or Species of Concern for Warren County -updated 12-27-12. The NCNHP list for Warren County updated July 2014. Scientific Name Common Name Federal Status State Status Vertebrates aliaeetus leucocephalus Bald eagle BGEPA T Aimophila aestivalis Bachman's sparrow FSC T Lythrurus matutinus Pinewoods shiner FSC Amblolites cavions Roanoke bass FSC Anguilla rostrata American eel FSC Lam etra ae tera Least Brook Lamprey T Necturus lewisi Neuse River Water Dog FSC SC Orconectes carolinensis North Carolina Spiny Crayfish SC Clemmys guttata Spotted Turtle FSC Invertebrates Fusconaia masoni Atlanticpl&toe FSC E Alassmidonta heterodon Dwarf wedgemussel E E Ligumia nasuta Tar Rivers inymussel E E Elliptio lanceolta Yellow lance FSC E Le todea ochacea Tidewater Mucket T Elliptio roanokensis Roanoke slabshell T Lam silis radiate Eastern lam mussel T Alasmidonta undulate Triangle floater T Stro hitus undulatus Creeper T Villosa constricta Notched Rainbow SC Vascular Plant Acmis on helleri Carolina birdfoot-trefoil FSC SC -V Fleischmannia incarnata Pink Thoroughwort T Carex decomposita Cypress Knee Sedge SC -V Platanthera peramoena Purple Fringeless Orchid T Scutellaria nerovosa Veined skullcap E Thermopsis mollis Appalachian Golden banner SC -V (1) Bald eagle ( Halideetus leueocephalus ) — Bald eagles typically feed on fish but may also consume birds and small mammals. In the Carolinas, nesting season extends from December through May .Bald eagles typically nest in tall, living trees in a conspicuous location near water and forage over large bodies of water with adjacent trees available for perching. (USFWS 2014a). The bald eagle was officially delisted and removed from the Federally Endangered Species List on August 7,2007, but they are still protected under the BGEPA and the M. BTA. The - ational Bald Eagle 14anagement Guidelines ( USFWS 2007) prohibit disturbance to a bald eagle. Im Environmental Assessment Eaton's Ferry Estates POA September 201 A Biological Conclusion- USFWS data dated December 27,2012 and NCNHP data from July 2014 and GMI's on-site reconnaissance indicate that there are no documented eagle nests within the EFEPOA Park or within one mile of the Park. The PNBSC should have No Effect on the bald eagle. (2) Bacbman's sparrow (Ai aphila aestivalis)- Preferred habitat is dense layer of ground vegetation and open mid -stories with scattered shrubs and saplings including young clear -cuts and open pine. Breeds in SE in summer. Non Migratory. Forages on grass seeds, blueberries and insects including crickets and grasshoppers. (Dunning et al). NCNHP reported an occurrence of this species north of the proposed project in a clear-cut on the south side of NC 903 and west of its intersection with SR -1362, an estimated distance of more than five miles. Biological Conclusion: Although the Park may contain limited habitat utilized by Bachman's sparrow, the facts are the EFEPOA park and existing boat slips have co -existed with various species of birds and small animals for the past 36 years with no apparent documented adverse effects on any species within this area. The PNBS should have minimal or no adverse impact on the Bachman's sparrow. (3) Pinewoods shiner ( Lythrurus matutinus ) This species was regarded as stable by Warren et al. (2000) and was not listed as endangered, threatened, or vulnerable by Jelks et al.( 2008). Habitat includes sandy runs and flowing pools of creeks and small sized rivers. (Burr 2011).(Nature Serve 2013). ( ICUN Red List 2014x) Biological Conclusion: USFWS data and NCNHP data from July 2014 indicate there are no documented occurrences on or within the EFEPOA Park or within one mile of the Park. Suitable habitat is not present at the Park. The PNBSC should have No Effect on the Pinewoods shiner. (4) Roanoke Bass (Amblolites eavifrons) — Game fish which is uncommon in North America. Native range is restricted to the Roanoke and Chowan River drainages of Virginia and the Tar and Neuse River drainages in North Carolina. ( NCWRC a). The trend over the past ten years ( three generations) has been relatively stable or slowly declining. Habitat for this bass occurs rocky and sandy pools of creeks and small to medium size rivers ( Page and Burr 2011). Rarely is it found in impoundments ( Burkhead and Jenkins 1991). (Nature Serve 2013) ( INCN Red list). Biological Conclusion: Data from USFWS 12-27-12 and NCNHP July 2014 indicate that the EFEPOA park does not have suitable habitat to sustain this species and there have been no documented occurrences at the Park. The PNBS should have No effect on the Pinewoods shiner. (S) American eel (Anguilla rostrata )- The American eel is a catadromous fish found on the eastern coast of North America. The eel lives in fresh water and only leaves this habitat to enter the Atlantic Ocean for spawning. It takes 9 to 10 weeks for the eggs to hatch. After hatching, young eels move toward North America and enter fresh water systems to mature ( Facey and Van Den Avyle 1987). (USFWS 2014b). Biological Conclusion- USFWS-12-27-12 and NCNHP data from July 2014 indicate there are no documented occurrences with the EFEPOA Park or within one mile of the Park. The existing shoreline may provide some foraging habitat; however, the dam likely prevents free passage that would be needed for spawning and a self-supporting population. Suitable habitat is not present at the Park. The PNBSC should have No effect on the American eel. (6) least Brook Lamprey ( La Petra aepy tera )-fish 8-12 cm with degenerated teeth,clear color to molted gray and light yellow. Non parasitic. Habitat is fresh water streams and lakes and prefer clean, clear gravel riffles and runs of creeks and small rivers. 111m socoete larvae occur in spring fed wetlands. Primary distribution is the Neuse River c1rainage in ". ' Robbins, C.R., R.M. Baily, C.E. Bond, J. P. hooker, et al. 1991,x. In Environmental Assessment Eaton's Ferry Estates POA September 2014 Biological Conclusion- NCNHP data from July 2014 indicate there are no documented occurrences with the EFEPOA Park or within one mile of the Park. Suitable habitat is not present at the Park. The PNBS should have NO effect on the Least Brook Lamprey. (7) Meuse River 9Waterdog ( Necturus lewisi ) —This Species is a fairly large (12 inch) Proteidae (salamander) whose range is limited to the Neuse and Tar -Pamlico river basins in the eastern piedmont and coastal plain of North Carolina. Habitat preferences are streams with flow rates of > 10cros and streams which are less than 15 m wide. Reside in burrows in banks. Adults move to larger rock outcroppings or beneath large boulders on sand gravel substrates. (Davison Herpetology a). Biological Conclusion-USFWS 12-27-12 and NCNHP data from July 2014 indicate there are no documented occurrences with the EFEPOA Park or within one mile of the Park. Suitable habitat is not present at the Park. The PNBS should have NO effect on the Neuse River Waterdog. (8) North Carolina Spiny Crayfish (Orconectes carolinensis )- This species resembles a small lobster and whose NC range is endemic to Neuse and Tar River basins. Inhabit streams, ponds, lakes and swamps. Forage on aquatic vegetation, worms, snails and tadpoles. (NCWRC 2014 b). Biological Conclusion- NCNHP data from July 2014 indicate there are no documented occurrences with the EFEPOA Park or within one mile of the Park. Suitable habitat is not present at the Park. The PNBS should have NO effect on the North Carolina Spiny Crayfish. ( 9) Spotted Turtle (Clemmys guttata )-Dark, nearly black body and shell covered with small yellow spots. Feeds on aquatic vegetation and invertebrates. Habitat is wet marshes, ditches, canals, temporary pools and small streams. Prefers still, slow moving, shallow water with lots of aquatic vegetation. Range is Southeastern U.S. (Iverson I 992,Meyland 2006, Ernst et al 2006). ( NCWRC 2014c) ( Davison Herpetology) 2014. Biological Conclusion-USFWS data 12-27-12 and NCNHP data from July 2014 indicate there are no documented occurrences with the EFEPOA Park or within one mile of the Park. Suitable habitat is not present at the Park. The PNBS should have NO effect on the Spotted Turtle. (10) Atlantic pigtoe (Fusconaia masoni) — This mussel species inhabits mostly medium to large streams. It prefers clean, swift waters with stable gravel, or sand and gravel substrate. It often is found at the downstream edge of riffle areas ( NCWRC 2014 d) ( Conrad 1834). Biological Conclusion- NCNHP data from July 2014 indicate there are no documented occurrences on or within the EFEPOA Park or within one mile of the Park. Suitable habitat is not present at the Park. The PNBSC should have No Effect on the Atlantic pigtoe. (I1) Dwarf wedgeinussel (Alassmidonta heterodon )- (I. Lea, I 830)Federal and State Endangered species of fresh water mussel. Clean young shells are usually greenish brown with green rays. Habitat is small streams less than 5 meters wide to large rivers more than 100 meters. Variety of substrate types including clay, gravel, and pebbles and sometimes in silt deposits near banks and root mats. North Carolina supports the greatest number of known sites including Warren County, NC. (USFWS 2014b). ( Bogan, 2000.) Biological Conclusion- NCNHP data from July 2014 and the USFWS [PAC Trust Resources List indicate there are no documented occurrences on or within the EFEPOA Park or within one mile of the Park and that critical habitat for this species is not present at the Park. The PNBSC should have No Effect on the Dwarf wedgemussel. ( NCNHP -2001 Guide to Federally listed endangered and threatened species of North Carolina: Dwarf wedgemussel, NCDEiNT, Raleigh, NC page 61). 12)Tar liver Spinymussel- (igu is nasula)-listed as endangered by federal and state, this species is endemic to the Tar and Neuse river systems in i lorffi Carolina. Habitat preference is MM Environmental Assessment Eaton's Ferry Estates POA September 2014 relatively silt -free un -compacted gravel and /or coarse sand in fast- flowing well oxygenated stream reaches. ( NCWRC) ( USFWS). Biological Conclusion- USFWS and NCNHP data from July 2014 indicate there are no documented occurrences on or within the EFEPOA Park or within one mile of the Park. Suitable habitat is not present at the Park. The PNBSC should have No effect on the Tar River Spinymussei. (13) Fellow Lance (Elliptio lanceolta)- Listed by USFWS as Species of Concern and North Carolina as endangered. This elongated freshwater Mussel is one of the largest freshwater mussel species. Range includes southern portions of Warren County, NC ( Fishing and Shocco Creeks Sub -basins). Prefers clear, clean to medium sized sand as substrates. Sometimes found in gravel substrates. Found in main channel drainages down to streams as small as a meter wide. (NCWRC 2014e). Biological Conclusion- NCNHP data from July 2014 indicate there are no documented occurrences on or within the EFEPOA Park or within one mile of the Park. Suitable habitat is not present at the Park. The PNBSC should have No effect on the Yellow lance. (14) 'Tidewater mucket (Leptodea ochacea)- Listed by NC as State Threatened The tidewater mucket appears to be somewhat of a generalist as it has been documented from lakes, ponds, canals, streams, and rivers with a sand/silt substrate ( NCWRC 2014 f). Biological Conclusion- NCNHP data from August 13,2014 indicate there was an occurrence within .09 mile south of the EFEPOA Park in Big Stone Creek. Suitable habitat is not present at the Park and the specific location for the PNBS. The PNBSC should have No effect on the Tidewater mucket. (15) Roanoke slabshell (Elliptio roanokensis)- This mussel species is usually found associated with the deeper channels near the shore in relatively fast flowing water. The substrate consists of coarse sized sands and small gravel ( NCWRC 2014g). Biological Conclusion- NCNHP data from July 2014 indicate there are no documented occurrences on or within the EFEPOA Park or within one mile of the Park. Suitable habitat is not present at the Park. The PNBSC should have No effect on the Roanoke Slabshell. (16) Eastern lampmussel (Larnpsilis radiate )- The eastern lampmussel is usually found in medium to coarse sands in creeks, lakes, and rivers. ( Bogan 2002) NCWRC 2014 h). Biological Conclusion- NCNHP data from April 2012 indicate there are no documented occurrences on or within the EFEPOA Park or within one mile of the Park. Suitable habitat is not present at the Park. The PNBSC should have No effect on the Eastern lampmussel. (17) 'Triangle floater (Alasmidonta undulate )- This mussel species demonstrates no particular habitat preference across its range, having been collected from silt/sand in slower moving waters, gravel/sand in riffles and runs, and from crevices in bedrock ( NCWRC 20141). It has been documented in both rivers and lakes all along the Atlantic drainage from Nova Scotia to Florida. It reaches its maximum size in outlet streams just below lakes ( Clark 1981). Biological Conclusion- NCNHP data from July 2014 indicate there are no documented occurrences on or within the EFEPOA Park. Suitable habitat could exist at the Park although none have been observed at the Park. The PNBSC' should have No effect on the State -listed triangle floater. (18) Creeper (Strophit s undulates)- ( Say,1g171 Listed as Threatened by North Carolina, this species of mussels habitat includes River, streams, Fonds and Makes. Tolerates still to moderate 21 Environmental Assessment Eaton..'s Fe?Tv Estates POA September 2014 flow gradients but not high flow rates. Lives in mud, sand and gravel substrates. Attaches to fish hosts.( Gordon and Layzer 1989). (NCWRC 2014 j). Biological Conclusion- NCNHP data from July 2014 indicate there are no documented occurrences on or within the EFEPOA Park. Suitable habitat could exist at the Park although none have been observed at the Park. The PNBSC should have No effect on the State -listed Creeper. (19) Notched rainbow (Villosa constrieta)- (Conrad,1938)- State listed as a Species of Concern, this small mussel rarely exceeds 40mm. Range includes Warren County, North Carolina( Shocco Creek sub -basin including Little Shocco Creek, Fishing Creek sub -basin including Long Branch and Little Fishing Creek. Favored habitat is a clean sand floor among rocks in the shallows of smaller upland stream, though will occur in rivers and in mud ( Fuller 1970),In North Carolina, this species is found in streams with sand gravel substrates, often in stable banks among tree roots. (NCWRC 2014 k). Biological Conclusion- NCNHP data from July 2014 indicate there are no documented occurrences on or within the EFEPOA Park. Suitable habitat could exist at the Park although none have been observed at the Park. The PNBSC should have No effect on the State —listed species of concern (20) Carolina birdsfoot-trefoil (Acrnispon helleri)- Annual species of Federal Species of Concern and significantly rare in North Carolina. ( Franklin and Finegan 2006) .This species relies on seed production which is critical to the persistence of Trefoil populations. Used as a bank stabilization species.(Cawthorn, J.W.1970) Occurs in dry woodland openings, on road banks, along railroads and power line fights -of -ways in the North Carolina piedmont. ( Weakly 2007). (Journal of the North Carolina Academy of Science) ( USDA 2014x). Biological Conclusion- NCNHP data from July 2014 indicate there are no documented occurrences within the EFEPOA Park or within one mile of the Park. Suitable habitat could exist at the Park although none have been observed at the Park. The PNBSC should have No effect on the Carolina birdsfoot-trefoil. (21) fink Thoroughwort (Fleischmannia incarnata)- Listed as Threatened by North Carolina. A herbaceous perennial that can reach 120 cm ( 48 inches) . Multi -branched and weak stems. Light pink or purple flowers. Habitat is forests, banks and swamps. Range includes Warren County, North Carolina. ( Radford, et al, 1968). ( USDA 20014 b). Biological Conclusion- NCNHP data from July 2014 indicate there are no documented occurrences within the EFEPOA Park or within one mile of the Park. Suitable habitat could exist at the Park although none has been observed at the Park during GMI's data gathering. The PNBSC should have No effect on the Pink Thoroughwort. (22) Cypress Knee sedge (Carex decomposita)- State Species of Concern -vulnerable. Culms 5- 120 cm. Leaf sheaths strongly dotted purplish red. Fruiting mid April — August. Occurs in marshes, swamps, forests, usually on rotten stumps, floating logs, or bases of trees or shrubs on lakes, ponds or slough margins. ( FNA Vol. 23, page 279-280). (USDA 2014 c). Biological Conclusion- NCNHP data from July 2014 indicate there are no documented occurrences within the EFEPOA Park or within one mile of the Park. Suitable habitat does not exist at the Park. The PNBSC should have No effect on the Cypress knee sedge. (23) Purple Fringeless Orchid (Flatanthera pera oena)-Listed as 'threatened in North Carolina, this perennial plant is between 3-10 cm ( 12-39 inches tall and bears loose inflorescence ( spikes) of violet to pink flowers , fly verintc July — August.. Grows in open, swampy places 2" Environmental Assessment Eaton's Ferry Estates POA September 2014 along roads, forest openings and meadows. Changes in forest habitat have contributed to the species critically imperiled status. ( North American Orchid Conservation Center 2014 a) . Biological Conclusion- NCNHP data from July 2014 indicate there are no documented occurrences within the EFEPOA Park or within one mile of the Park. Suitable habitat does not exist at the Park. The PNBSC should have No effect on the Purple fringeless orchid. (23) Veined skullcap ( ,Scutellaria nerovosa ) —This perennial herb is found in alluvial forests ( USDA 2012d, Buchanan and Finnegan 2010). Biological Conclusion-NCNHP data from July 2014 indicate there are no documented occurrences on or within the EFEPOA Park or within one mile of the Park. Suitable habitat is not present at the Park. The PNBSC should have No effect on the veined skullcap. (24) Appalachian Golden Banner (Therrnopsis mollis)- This species is endemic to the Appalachian mountains of North Carolina. Habitat is dry, open forest woodlands and clearings. ( USDA 2014e) ( Virginia Plant Atlas 2014 a). Biological Conclusion- NCNHP data from July 2014 indicate there are no documented occurrences within the EFEPOA Park or within one mile of the Park. Suitable habitat does not exist at the Park. The PNBSC should have No effect on the Appalachian golden banner. Table 1-a. USFWS Federal list for Birds of Conservation Concern (BCC) Warren County -updated August 12, 2014 ( List verified From Federal Register, Vol. 78. No. 212, November 1, 2013). Common Name Scientific Flame Federal Status American Bittern Botaurus lentiginoses BCC Bald eagle Haliaeetus Ieucocephalus BCC Brown -headed Nuthatch Sitta pussilla BCC Chuck —Wills widow Caprimulgus carolinensis BCC Least Bittern Ixobrychus exilis BCC Rusty Blackbird Euphagus carolinus BCC Swainson's warbler Limathypis swamsomi BCC Wood Thrush Hylocichla mustelina BCC Worm eating Warbler Helmitheros vermivorum BCC The following is a brief summary of our findings through on-site observations by GMII, interviews with local residents who live near the Park and through on-line research for each species. 1) American Bittern (Botaurus lentiginosus)- This medium sized heron prefers wetland areas of marshes inhabiting weed beds. In milder climates, usually does not migrate, but if it does, usually winters in the South eastern United States. A solitary bird that is well camouflaged. (Cornell Lab of Ornithology a). Biological conclusion: Habitat for this species does not exist at the EFEPOA Park. The PNBS should have No effect on the American Bittern. 2) Bald eagle (Raliaeetus Ieucocephalus) — Year round- Protected under the BGPA, this species and the biological conclusion was thoroughly summarized in Table I summaries , item 1. elsewhere in this document. 3) Brown -Leaded Nuthatch (Sitta pussilla )- Small songbird found in mature pine forests in the Southeastern United States. This species is nor =nigraory. 34 inches long. Feed on diet of pine seeds and insects. (Cornell 1_.ab of 0milhology b). In Environmental Assessment Eaton's Ferry Estates POA September 2014 Biological Conclusion: Data provided by NWF and GMI's on-site reconnaissance at the EFEPOA park by GMI indicate that the natural habitat for this species could exist at the Park. Although there are scattered pine trees on the Park property, there is no documentation available to confirm occurrences of the species. The PNBS should have minimal or No effect on the Brown -headed — Nuthatch. 4) Chuck -wills widow (Caprimulgus carolinensis)-This species is nocturnal and rarely seen. Approximately the size of a pigeon. ( 12" or 30 em). Breeds from Midwest states to Southeastern states. Winters chiefly in the tropics but a few winter in Florida along Gulf Coast. Habitat is open woodlands and clearings near agricultural country. ( National Audubon Society a). Biological Conclusion: Data provided National Audubon Society through it's website and on-site reconnaissance at The EFEPOA park by GMI indicate that the natural habitat for this species probably does not exist at the Park. There is no documentation available to confirm occurrences of the species at or near the Park. The PNBS should have No effect on the Chuck -will's widow. 5. Least Bittern (Ixobrychus exilis )- Tiny ( 11-14") secretive heron whose natural habitat is freshwater marshes where cattails and reeds predominate. Breeding range covers much of Northwest and Southwestern United States and east to the Atlantic Coast during summer months and winters in Southern California and Gulf Coast southward to South America. (National Audubon Society b). Biological Conclusion: Data provided National Audubon Society through it's website and on-site reconnaissance at The EFEPOA park by GMI indicate that the natural habitat for this species does not exist at the Park. There is no documentation available to confirm occurrences of the species. The PNBS should have No effect on the Least Bittern. 6. Rusty Blackbird-( Euphagus carolinus) — This species breeds in the wetlands of the far north from Alaska to Newfoundland and winters in the Southeastern United States. Often mingles with other blackbirds in large flocks. Habitat preference is bogs, beaver ponds, swamps, and slow streams. ( National Audubon Society c). Biological Conclusion: Data provided National Audubon Society through it's website and on-site reconnaissance at The EFEPOA park by GMI indicate that the natural habitat for this species does not exist at the Park. There is no documentation available to confirm occurrences of the species at or near the Park. The PNBS should have No effect on the Rusty Blackbird. 7. Swainson's warbler- (Limathypis swainsonii)- Species often winters in the limestone forests of Jamaica. Summer- breeding range is the is the Southeastern United States. Forages under leaf litter for insects. Habitat includes southern swampy cane -breaks and Rhododendron thickets in mountains (National Audubon Society d). Biological Conclusion: Data provided National Audubon Society through it's website and on-site reconnaissance at The EFEPOA park by GMI indicate that the natural habitat for this species does not exist at the Park. There is no documentation available to confirm occurrences of the species at or near the Park. The PNBS should have No effect on the Swainson's warbler. S. Wood thrush- (Hylocichla mustelina)- Starling sized, (8") — Brown above with rusty color head and white breasts with large blackish spots. Breeds from SE Canada ,south to Florida and gulf coast. Prefers habitat of moist ,deciduous woodlands, with thick understory. Also well planted parks and gardens. National Audubon Society e). Biological Conclusion: Data provided National Audubon .Society through it's website and on-site reconnaissance at The EFEPOA park by GMI indicate that the natural habitat for this species could exist at the Park althoug� pines dominate the deciduous Dees and understory is very thin. Is Environmental Assessment Eaton's Fsn-j Estates POA September 2014 There is no documentation available to confirm occurrences of the species at or near the Park. The PNBS should have No effect on the Wood thrush. 9. Worm -eating Warbler (Helmitheros vermivorum )- This small warbler ( (14cm) ( 5 '/2") Breeds From SE Iowa, Ohio, New York, and southern New England south to northeastern Texas, central Gulf Coast states, and eastern North Carolina. This species winters in the tropics and the migration route is potentially near the Park according to the map on the National Audubon Society website. The habitat is dry, wooded hillsides. ( National Audubon Society fl. Biological Conclusion: Data provided National Audubon Society through it's website and on-site reconnaissance at The EFEPOA park by GMI indicate that the natural habitat for this species could exist at the Park although is no documentation available to confirm occurrences of the species at or near the Park. The PNBS should have No effect on the Worm -eating warbler. b. Environmental Impacts and Recommendations No Land disturbing activities are anticipated to occur at the site of the PNBSC. Construction of docks A,B,C, and D will be limited to driving wooden pilings into the Lake bottom in order to support the dock structures and the respective " tie off' post for each boat slip. The bottom chords of each dock will be extended over the top of the existing bulkhead as was done on the existing docks ( Appendix E- Figure 7- Existing conditions). All federal, state and local ordinances and Codes with respect to dock/pier construction will be complied with. The shallow water habitat surrounding the shoreline at the site of the PNBSC will be protected using appropriate BMPs. No wetlands occur on the Park at the site of the PNBSC. While the EFEPOA Park does not support suitable habitat for any of the federal or state protected species, some native wildlife species adapted to anthropogenic habitats may still utilize the area on occasion. No detrimental impacts to wildlife will result from the PNBSC. Although there are no federal or state protected aquatic plant species at the site of the proposed new boat slips, water willow, a perennial emergent, is present in small quantities at four of the existing boat slips. ( Appendix E- Figures 7 and 8- Existing Conditions) . There is no evidence of water willow or any other species classified as beneficial to the eco system of the Lake or federal or state protected species at the site of the PNBSC site (Appendix E- Figures 7 and 9). 6. Aesthetic Resources a. Affected Environment The area of the proposed six new boat slips can be viewed by residential properties across the cove. The proposed six new slips are simply an extension of the 1.3 existing usable slips. The PNBSC will cause no adverse effects to the aesthetic resources of the EFEPOA Park. In fact, the conversion of the existing community swim dock to two boat slips and constructing a new community swim dock will serve to enhance the aesthetic quality at the Park. No protected aesthetic resources were identified within the view shed of the proposed new boat slip location. There will be no significant impact to aesthetic resources. 7. Recreation and Other Land and Fater uses a. Affected Environment Lake= Gaston is a regionally important resource for recreation and is used by local residents Enviromaiental , sssessrnent € atorCs Fen- Estates POA September 2014 and tourists year round. Dominion has issued permits for approximately 7,000 docks, piers, boat shelters, and boathouses on the Lake (Dominion 2010). The addition of six new boat slips and the construction of a new community dock for EFE residents will have no adverse effect on the environment and ,on a positive note, the additional six boat slips could significantly reduce the auto/truck traffic at the EFE Park boat ramp by allowing EFE residents who frequent the boat ramp regularly to launch/load boats the opportunity to have a designated slip subject to the EFEPOA rules addressed elsewhere in this EA. b. Environmental Impacts and Recommendations for Recreation and Other Land and Water Uses. Navigation- Structures such as docks, piers, boathouses, ect. can pose navigation hazards to boaters. The Lake Gaston and Roanoke Rapids Lake Construction and Use Procedures states that ( 1) " structures shall not extend further than '/4 the width of the cove or creek at MNWL" and (2) structures shall not interfere with navigation, ingress or egress by the boating public, or the adjoining properties ,or in any manner present a safety hazard." Additionally, 2 -inch white reflectors will be placed on each comer of the dock at 10 -foot intervals along all edges of the docks. A reflector shall be placed at each end of the two end comers of the dock farthest from the shoreline, and a reflector shall be placed along each side of the dock, within one foot from each end comer of the dock. The Park is well lit at night via Halifax Electric security lights on 20 -foot poles. Two poles strategically placed on Park property serve to illuminate the existing docks and the proposed docks at night. Located in a cove with existing structures in place, the waterfront residents and users of the private boat ramp are already familiar with boating etiquette in this area and the few public boaters in the cove are typically bass fisherman who are also familiar with the area. Dominion staff indicated to a board member of the EFEPOA during the preliminary on-site meeting on May S, 2014, that the placement of the proposed six additional boat slips as presented in this EA would not present a threat to navigation or users of the Lake. All proposed structures will comply with all Codes and construction standards addressed elsewhere in this EA. Safety- Dominion is required by FERC to submit a safety incident report anytime there is a death, serious injury or any major property damage inside the project boundary. (Dominion 2014). There is currently no defmition of "serious injury' so Dominion makes that determination. Many of the incidents that have been reported from 2009 through July 2014 have no correlation to boater safety and are not included here. The Applicant is dedicated to promoting safe boating as it pertains to the EFEPOA Parks and to boating facilities at those parks. Table 2 summarizes the boating incidents reported by Dominion to FERC between 2009 and July ,2014. 'fable 2 Boating incidents on Lake Gaston reported to FERC between 2009 and July 2014 Date F Location Type of Incident Injuries .lune 10,2009 1 Jimmy's Creek Drowning/personal watercraft I Death Oct. 24,2009 Eaton's Ferry Capsized boat/ drowning I Death Aug.u28,2010 Roanoke river Drowning from boat 1 Death Sept. 18, 2010 Eaton's Ferry Collision between 2 boats 1 Injury July 6, 2012 Hamlin Creek Collision between 2 PWCs I Death July 6, 2013 Mill Creek area PWC collided with low hanging limb 1 injury Note: NCWRC reports on watercraft related injuries and fatalities. Data from NCWRC for 2014 will nut lie c,;ompiled until January 2015. W Envir_o-amental Assessment Eaton's Fc -r4: Estates PPA September El c,r ? i # 4 A. CUMULATIVE IMPACTS OF THE PREFERRED ALTERNATIVE The following Table 3 summarizes the cumulative effects of implementing the proposed action,( PNBSC) at the EFEPOA Park in Eaton Ferry Estates on Lake Gaston in Warren County, North Carolina. Resource Existing Site Conditions Proposed Action Cumulative Effect Geologic & Soil The entire shoreline has been No land disturbing No sedimentation or Resource Stabilized with rip -rap & Activity. Construct erosion anticipated. Bulkhead. Established 3 docks w/ total of Turbidity from dock centipede grass 20 ft. strip. 6 new boat slips construction to be controlled with BMPs. Historic /Cultural There are no historic or No resources will No adverse impact to Resources cultural resources in the be affected by the cultural or historic Area of the proposed boat action. NCDCR resources is anticipated. slips has provided their concurrence. Aesthetic Resources View -shed is typical of Construct 2 new No significant adverse lakefront property with docks for 4 slips, impact to aesthetic dense, well planned renovate swim resources is anticipated. residential area and private dock for 2 boat Park with boat slips & ramp. slips. Construct new swim dock Water Resources Best Usage Classification Boating activity at No significant adverse WS -V; B. boat slips will not impact to water quality is degrade water anticipated. quality Fisheries Rip -rap shoreline provides Proposed docks to No significant impact to good fish habitat. A few be constructed in fisheries is anticipated. pockets of water willow area absent of along a few existing docks water willow. Terrestrial Resources Shoreline vegetation, water Construct docks in No significant impact to willow, is present in small such a manner as terrestrial resources are pockets around a few not to have any anticipated. existing docks but absent at disturbed land or site of proposed new docks. shoreline using Well maintained centipede methods described grass extends 20 ft from in detail elsewhere bulkhead to scattered tree in this EA. line of pine and hardwoods. Recreational Resources On- site recreational Enlarge the The addition of 6 boat resources at the EFEPOA opportunity for slips at the Park will be a Park consists of existing boat EFE property real recreational benefit slips, boat ramp, picnic owners to be able to EFE residents who tables, benches, community to secure a boat currently have to trailer a dock, designated swim area slip for one year boat to either EFE boat and small children's play subject to EFE ramps or public boat area with swings, slide and POA rules stated ramps every tome they see -saw. elsewhere in this want to use their boat -in EA. the lake. No adverse impact to recreational resources is anticipated_J. :Eiwironmental Assessment Eaton's Ferry Estates POA. Septt mbar 20 i The Park at Eaton Ferry Estates (EFE) has been a viable , well maintained recreational resource for the residents and lot owners at EFE since the property was initially developed in the late 1970s. During initial and subsequent development, the entire twenty thousand feet of shoreline has been bulk -headed and rip -raped, providing excellent shoreline protection for over 36 years. The proposed action of constructing six additional boat slips is not expected to result in any detrimental impacts to the natural or human environment. Without the six additional boat slips, the offshore homeowners who must trailer their boats fi•om home or offsite storage to either one of the two boat ramps within Eaton Ferry Estates or a public ramp in order to have access to the Lake. The EFE Board voted unanimously to endorse this project and have given it their full support. Dominion approved the project in May 2014,and issued a permit only to rescind it three weeks later because EFEPOA had never been required to submit an EA. FERC and the USACE now require an EA be performed anytime a private or commercial marina that currently has 1.0 or more boat slips and requests to add additional slips. Additionally, any new commercial or private marina projected to have 10 or more boat slips must also complete an EA. The completion of an EA is a huge and sometimes very expensive project, but the EFEPOA Board of Directors believed that it was in the best interest of the EFEPOA to have the EA performed and submit a subsequent Construction and Use Agreement to Dominion for review and approval pending a final decision from FERC and the USACE. The Board considered the No Action Alternative not to be the correct alternative for the EFEPOA. In Environmental Assessment Eaton's Ferry Estates POA September 2014 VII. REFERENCES Bogan, A. 2002. Workbook and Key to the Freshwater Bivalves of North Carolina, North Carolina Museum of Natural Sciences. I I I pp. Buchanan, MY and J. T. Finnegan. 2010. Natural Program List of Rare Plant Species of North Carolina. NCN14P, Raleigh, N C. 125pp. Cawthorn, J.W. 1970. Soil survey of Wake County, North Carolina. U.S. Department of Agriculture, Soil Conservation Service. Government print. Off, Washington, DC 1] 8 pp. Clark, A.H. 1981 The Freshwater Mussels of Canada. National Museums of Canada. 446 pp. Cornell Lab of Omithology.,A7"-w.allaboiitbrcJs.org./g,,ii(,l�/'am,-,,-icazi American bittern. Cornell Lab of Ornithology. ww-vy.b`rds.corneI].edu Jhtm'-Brownheaded Nuthatch Council on Environmental Quality. 1997. Considering Cumulative Effects Under the National Environmental Policy Act. 65 pp. plus appendices. Davison Herpetology www.b LT - sofnc.or jjI _ _e4Lm Spotted Turtle) ( Davidson College Herpetology Laboratory) Davison Herpetology ya vyr.herso�fhc.arg�W r/hc/sa"amariders/Ntcl, x I - e -v� h t - ril p— - — -s, of , Neuse River Waterdog) (Davidson College Herpetology Laboratory) Dominion. 2005 and 2010 Rev. Shoreline Management Plan for the Roanoke Rapids and Gaston Hydropower Project FERC Project Number 2009. .hLt:�.�:/"/'w,,,vw.dom.corfL,/about/stationsl/hydro.,',,?dz/'s,lioi'eline_plan/ pdj-' _ _ Dominion North Carolina Power. 2014 Email correspondence from William C. Miller on June 16, 2014. Dominion North Carolina Power. Email correspondence from James Thornton on August 4,2014 regarding safety and incident reports. Dunning, J.B. ( 2006). Bachman's Sparrow ( Aimophila aestivalis). The Birds of orth America Online, (A. Poole, Ed.). Ithica : Cornell Library of Ornithology; Retrieved from The Birds of North America Online database. Facy, D.E. and Van Den Avyle, M J. 1987. Species profiles: Life histories and environmental Requirements of coastal fishes and invertebrates ( North Atlantic)- American eel. U.S. Fish and Wildlife Service Biol. Rep.82(11.74). US Army Corps of Engineers, TR EL -824.28 pp. Floras of North America 2014. ( Vol. 23,page 279-280). Carex decomposita. Franklin, M.A., and J.T. Finn.egan.2006. Natural Heritage Program List of Rare Plant Species of North Carolina. No. Car. Nat. Heritage Progn, Off. Conserv .Coen. Affairs. Dept. Environ, Nat. Res. Raleigh, NC 136 pp. Nature Serve 2013. Pinewoods shiner (LyAhurus rnatutinus).Tlie IUCN Red List of Threatened Species. Version 2014.2 accessed August 2, 2014. W Environmental Assessment Eaton's Fen -y Estates POA September 2014 National Audubon Society 2014a. ( Chuck — wills widow) Accessed July 2014 �'_1�'�i'Ji ctitz'�x.;1i,31xC�ri}�f_€ 1 iG:t�i 13FS,.:xts�itl7�73_s. 1f '.�".t2t S;c �=� x if..:�'r1clt3;�, National Audubon Society 2014b.( Least Bittern) Accessed July 2014 National Audubon Society 2014c. ( Rusty Blackbird) Accessed July 2014 i;'>§'_ x3 11711 7. 3 1{ dl f)C'i', tr"ds.aubon.org/jt t i 5,''i'1I5J. ' National Audubon Society 2014d.( Swainsons's Warbler) Accessed July 2014 .wivw.riationalaud-u bomsodeet F�7 J .a3¢clubOn, org/spec ,va 1 nsonswarble National Audubon Society 2014e. ( Wood Thrush) Accessed July 2014 t ,xz v_. 1€tilna,'aiidiiborisociel:v/'Lt't4s.atiduf o .0 € nc/; 'C?r e? crust; National Audubon Society 2014f. ( Wood Thrush) Accessed July 2014 . \e "'.natio.iialaudubonsoci�;tyLbi_rd,a[ u=_. 4_. c r t _,Warbler [ NCDWQ] North Carolina Division of Water Quality. 2011. A Guide to Surface Freshwater Classifications, NCDENR, Raleigh, NC.http://portal.ncdenr.org/c/document_librwy/get_file?p_l id=1169848&foiderld=2209568&name=DLFE-35732.pdf [ NCWRC] North Carolina Wildlife Resources Commission 2014a. www.ncwildlife.org/Leaming/ Species/Fish/Roanokebass.aspx#5249643. [ NCWRC] North Carolina Wildlife Resources Commission 2014b. www.ncwildlife.org/Leaniing/ Species/Crustaceans/orconetesPcarolinensis.aspx#44671339. ( North Carolina Spiny Crayfish) [ NCWRC] North Carolina Wildlife Resources Commission 2014c. + W,­iv.ncwi1'd]ife.org/ 1earn n5:y/ j�t -SJ� lju 4,? la; � c. ir'$, a 9{•v i; . _— — -- [ NCWRC] North Carolina Wildlife Resources Commission 2414d. Wildlife Species and Conservaion .Dwarf Wedgemussel Alassmidonta heterodon ( I. Lea 1838). Y. v _n<siclEx €�=..'E.w ick ! f _:_' lil . ' Wedgemussel.#aspx3082886,7,8. [ NCWRC] North Carolina Wildlife Resources Commission 2014e.(R. 1. Johnson and Clark, 1983) �N F:.. ,, W d1 c}r%` e,- =L:ZS .:, t sks 5 ;River Spiny Nlussel.aspx # 3325970,123. [ NCWRC] North Carolina Wildlife Resources Commission 2014f(I .Lea 1828) ,. Lance.aspx# 33361012,3,4. [ NCWRC] North Carolina Wildlife Resources Commission 2414g. Wildlife Species & Conservation. Tidewatermucket Le ptodea ochacea (Say, 1817). Mucket.aspx#3328984,5,6. [ NCWRC] North Carolina Wildlife Resources Commission 2014h. Wildlife Species & Conservation. Roanoke slabshell Elliptio rocanokensis (I. Lea, 1838). www.ncwildlife.org/Learning/Species/Mollusks/Roanoke slabshell.aspx#3321954,5,6. [ NCWRC] North Carolina Wildlife, ildlife, Resources Commission 2014i. Wildlife Species & Conservation. Eastern lampmussel La psilis radiate (C3Melin,1791). i, 30 Environmental Assessment Eaton's Ferry Estates POA. September 2014 [ NCWRC] North Carolina Wildlife Resources Commission 2014j. Wildlife Species & Conservation. Triangle floater Alasmidonta undulate ( Say, 1817). v' W vv.? I C NV j I (,I /L-arn;n ' ami L !--t�r- WA#329990. j, NCWRC] North Carolina Wildlife Resources Commission 2014k. Wildlife Species & Conservation. Creeper Strophitus undulatus ( Say, 1817).( Gray, E.V., et al 2002) ( Gordon and Layzer 1989).".ncvidiife.-�)x-qWgSies / I()jl ---,s.- IC-- Euep�r.gRxT3064876. NCWRC] North Carolina Wildlife Resources Commission 20141. Wildlife Species & Conservation. Notched rainbow villosa constricta (Conrad, 1838).( Fuller, 1970). www.iicwildlife.or�J-earni,'gL'�rainbow.aspx# 3312920. North American Orchid Conservation Center Fringeless Purple Orchid- Platanthera perammoena) nn'L I La'- North Carolina Natural Heritage Program database for rare species ( NCDENR) Red List of Threatened Species. hf �qp -PLugg eJ list. ,,re.dIiY-/detaiIs/4968/Q Clemmysguttata Radford, A. E., H.E. Ahles and C.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. University of North Carolina Press, Chapel Hill, NC . 1183 pp. Thornton, James. Dominion power. Email communication on August 4,2014. (Robbins, C. R., R. M. Bailey, C. E. Bond, J.R. Booker, et al. 1991). www.fishbase.Ki gZ/qunj m,-,nLj)I-,v)",','d-?520 Least brook lamprey) rn U.S. Army Corps of Engineers 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0,ed.JF. Berkowitz, J.S. Wakely, R. W. Lichvar, C. V. Nobel. ERDC/EL TR-12-9.Vicksburg, MS: U.S. Army Engineer Research and Development Center. [USDA] United States Department of Agriculture. 2014a. Plants Database. Acmispon helleri Carolina birdfoot-trefoil lit, �:i3 , I gcn, (Accessed July 2014). [USDA] United States Department of Agriculture. 2014b. Plants Database. Fleischmannia incarnate - Pink Thoroughwort htt r:'-,n�,au,,� Q -u- sd'a. �v Accessed July 2014).. I------------- - -------- -- [USDA] United States Department of Agriculture. 2014c. Plants Database. Carex decomposita Cypress knee Wedge -him (Accessed July 2014). [USDA] United States Department of Agriculture. 2014d. Plants Database. Platanthera peramoena- Purple Fringeless Orchid (Accessed July 2014). [USDA] United States Department of Agriculture. 2014e. Plants Database. Scutellaria nervosa Veined Skullcap-,,-_jLi-,i, Accessed July 2014). -1-1 ------ ---- - [USDA] United States Department of Agriculture. 2014f. Plants Database. Thermopsis mollis - Appalachian Golden Banner Accessed July 2014). [USFWS] (U.S. fish and Wildlife, Service 2014 a).:, -n- -L6 [USFWS] (U.S. fish and Wildlife Service 2014 b). updated June 14, 2014) 31 Environnnental Assessment Eaton's Ferry Estates POA September 2014 [USFWS] (U.S. fish and Wildlife Service 2014 c). Trust Resources List Raleigh Ecological Services Field Office, Raleigh, N. C. Weakley, A. S. in preparation of Floras of the Carolinas, Virginia, Georgia and Surrounding areas: Working draft of 11 January, 2007. The Nature Conserv., So. Conserv. Sci. Dept., Chapel Hill, N.C. 1015 pp. Wikipedia.2014a. American eel. http://en.wikipedia.org/wiki/American eel (Accessed July 2014). (Facey and Van Den Avyle 1987) htpp://2bnthewild.com/plants/H526.htm#other info ( Pink Thoroughwort- Fleischmannia incarnata) 32 Environmental Assessmeint Eaton's Ferry Estates POA September 2014 Figure 3. USGS Topographic Map Figure 5. Existing Conditions Figure 6. Proposed Conditions ., Z13 w E 31 "fit,.p y w ji' ,A I CH 6 p i # i,}k�.'I02 'OBER { n R�y r 40 4 7 tr W ; .n _r All ,`-� �€ i I F EAR _� lrF� Y``r""b� La e Ga . gaitZt? 223 &Y :'. u _ 2�;.. y CIO nr 401 t3f t 44Ra Qs 4 9z e SCALE IN FEET& MILES 0 S' 1 2 3 5 '10 15000 FEE 0 1/4 3/2 3/4 1 2 MILES HEq p * f �}£_ :�.t : a� { � � d � ,'14 s� ' �'S �`�' 3,��� �` �� ' �y ��' tf � �4 `� � � � i�" a� � � � fir", i t� { ,, !1f}F,. y ',, :r t i .,, A ,� �?, r yak � �: f z FIGl, - )MI, El F Yui) h S tp "AN J, � ra r�.a��,;@�Alf r§ r; �, �. i ^^'I 7 i� 771- f 9 H, a) s3 i "gum_ i i { MW- 'ANA r a� tit FIGURE 2 NMI W -=en Co-onty Tay, Parcels 4� �) }y�',y��u �ilii "' �=� • ' � r its;r tA�`i) �,= t : �k I k''' u=' son f Eeto q s Ferry Esta es) t r �' Rily 149 2014 'r z ) NP11,14, opt & 2DA r' i' y - ' F yflit �i� I S D�)5� F Yui) h S tp "AN J, � ra r�.a��,;@�Alf r§ r; �, �. i ^^'I 7 i� 771- f 9 H, a) s3 i "gum_ i i { MW- 'ANA r a� tit FIGURE 2 NMI W -=en Co-onty Tay, Parcels 4� �) }y�',y��u �ilii "' �=� • ' � r its;r tA�`i) �,= t : �k I k''' u=' son f Eeto q s Ferry Esta es) t r �' Rily 149 2014 'r z F Yui) h S tp "AN J, � ra r�.a��,;@�Alf r§ r; �, �. i ^^'I 7 i� 771- f 9 H, a) s3 i "gum_ i i { MW- 'ANA r a� tit FIGURE 2 NMI W -=en Co-onty Tay, Parcels 4� �) }y�',y��u �ilii "' �=� • ' � r its;r tA�`i) �,= t : �k I k''' u=' son f Eeto q s Ferry Esta es) t r �' Rily 149 2014 This map is a composite of the Gasburg and Littleton Quadrangles Tom* &,A �s. 01 v -I.L ammy", OMWA IYKW 09MMMIll MAKI, CL 0 moon ama 2z LLJ LL to CD co It". INae �z7 -Yb 77" 4r tt, 2 jA1 8125/2014 EATON FERRY ESTATES ' REQUEST FOR ADDTIONAL8OAT SLIPS 'joebud45@grreii.corn'Gn-6| | had ameeting |astweek concerning Dom inion's interpretation and app|ic3tiOnufthe Corpsand Federal Energy Regulatory Commission's (FERC) rules. During that meeting, !twas determined that any facility over 10 slips, or any addition to a facility over 10 slips requires an Environmental Assessment (EA) and approval by FERC. The EAcan be a costly and time consuming process which you may or may not want to pursue. |doriot know ifEaton's Ferry had 8nEAdone at the time itwas constructed, ifsothat EAmay satisfy the requirement. Please let rneknow ifyou wish tOproceed. Given the new information, ifyou decide not toproceed, |will attempt to refund your application monies. As of today, the license I signed and provide to you is no longer Give me a call so we may discuss, 252-535-6894 Will Miller hu�pslhroii.g oog|auxYVmaiIf, i=t41,en014G,22f 11738Dab0b o1 a't et '��� iY �i.,� ��L�. 3 F�. R sr. �* � � ��� i,i � F `a � �,t �. '� Vs FISH WILI)MEEa fj s��.trecR kij r U.S. Fish and Wildlife Service ire -1 Rlllflli 1-1 Endangered Species Act speciesinformation o. your project a a bel he following FWS Field Offices: Raleigh Ecological services Field Office POST OFFICE BOX 33726 RALEIGH NC 27636 (919) 856-4520 N Mk IMI'm Project Counties: Marren, NC Project Type.- Shoreline e.Shoreline Usage Facilities / Development Endangered ec s Act � ies List There are a total of 2 threatened or endangered species on your species list. Species on this list should be consid€ an effects analysis for your project and could include species that exist in another geographic area. For example, certain fishc appear on the species list because a project could cause downstream effects on the species. Critical habitats listed tinder t critical Habitat column may or may not lie within your project area. See the CriCkpi hablitats At in your project area section bel critical habitat that lies Kithira your project area. Please contact the dcsignatev: FW S office i= you have questions. Species that should be considered in an effects analysis for a u 08: 12/2101 Plann-Mg and t_ons r,' nation { x " wee i ; Version A MR& WILIDLIFE SERVICE V g Dwarf wedgemussel (-41asmidonta heterodon) Population: Entire Tar River spinymussel (Elliptio steinstansana) Population: Entire Endangered M,O Endangeredii, . . .. . There are no critical habitats within your project area. IN= FWS National Wildlife Refuges TTV5j, 12" There are no refugesfound within the vicinity ofyour project. FWS Migratory Birds The protection of birds is regulated by the Migratory Bird Treaty Act (MBIA) and the Bald and Golden Eagle Protection Act (BGEPA). 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)). The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. For more information regarding these Acts see All project proponents are responsible for complying with the appropriate -regulations protecting birds when planning and developing a project. To meet these conservation obligations, proponents should identify potential or existing project -related impacts to migratory birds and their habitat and develop and implement conservation measures that avoid, minimize, or compensate for these impacts. The Service's Birds of Conservation Concern (2008) report identifies species, subspecies, and populations of all migratory nongame birds that, without additional conservation actions, are likely to become listed under the Endangered Species Act as amended (16 U.S.0 1531 et seq.). For Mforination about Birds of Conservation Concern, go IL-10 Migratory birds of concern that may be affected by'vour proJecta 08:1-2/201-e Mannin,g, and Conscn-avic,,-n 'Systorn (Iffli,,C) rlagc I od'4 'Version. 1 4 There are 9 birds on your Migratory birds of concern list. The Division of Migratory Bird Management is in the process of populating migratory bird data with an estimated completion date of August 1, 2014; therefore, the list below may not include all the migratory birds of concern in your project area at this time. While this information is being populated, please contact the Field Office for information about migratory birds in your project area. . .. .... ... . Species Name `Bird of Conservation Species �Seasonal Occurrence in i' Concern (BCC) Profile Project Area American bittern (Botaurus lentiginosus) Bald eagle (Haliaeetus leucocephalus) Brown -headed Nuthatch (Sitter pusilla) Chuck -will's -widow (Caprimulgus carolinensis) Least Bittern (Ixobrychus exilis) Rusty Blackbird (Euphagus earolinus) Swainsods Warbler (Limnothlypis swainsonii) Yes sM,cicsinto ',-,,Wintering Yes U.S. Fish Wildlife Yes and Service SERVICE Breeding Yes :�Ilb Breeding Yes M10 Wintering Yes JLBreeding Trust Resources U. There are 9 birds on your Migratory birds of concern list. The Division of Migratory Bird Management is in the process of populating migratory bird data with an estimated completion date of August 1, 2014; therefore, the list below may not include all the migratory birds of concern in your project area at this time. While this information is being populated, please contact the Field Office for information about migratory birds in your project area. . .. .... ... . Species Name `Bird of Conservation Species �Seasonal Occurrence in i' Concern (BCC) Profile Project Area American bittern (Botaurus lentiginosus) Bald eagle (Haliaeetus leucocephalus) Brown -headed Nuthatch (Sitter pusilla) Chuck -will's -widow (Caprimulgus carolinensis) Least Bittern (Ixobrychus exilis) Rusty Blackbird (Euphagus earolinus) Swainsods Warbler (Limnothlypis swainsonii) Yes sM,cicsinto ',-,,Wintering Yes Year-round Yes Year-round Yes Breeding Yes :�Ilb Breeding Yes M10 Wintering Yes JLBreeding 'Wood Thrush (Hylocichla mustelina) Yes Wonn eating Warbler (Helmitheros Yes Vemlvorum) L 1K7Wetlands Breeding The U.S. Fish and Wildlife Service is the principal Federal agency that provides information on the extent and status of wetlands in the U.S., -via the 14ational Wetlands Inventory Program (NWI). In addition to impacts to wetlands within your immediate project area, wetlands outside of your project area may need to be considered in any evaluation of project impacts, due to the hydrologic nzaturl-1 of wetlands (for example, project activities -may affect local hydrology within, minc'thin, and outside of, your 1diate project -area). It may be helpful to refer to the US WS National Wetland Inventory website. '1711he designated FWS office can also assist you. Impacts to wetlands and other aquatic habitats -from your project r-(ia.,,,! be siabjec40 t to regulation under Section 4 of t-hhe Clean Water Act, or other State/Federal Statutes. Pro-ktct Proponents should discuss the relationshlip of these, 09/12/2014 Inform ation, Pl/anning. and Calmervari-on Systcmi cif A 'Version 1 A us. rT-IK&WI&DL= U.S. Fish and Wildlife Service Trust Resources List requirements to their project with the Regulatory Program of the appropriate U.S, Ai- n-nv Co:,L)s of EnLjncei-s 4n District. Data Limitations, Exclusions and Precautions The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery and/or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Exclusions - Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or taberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Precautions - Federal, state, and local regulatory agencies with Jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state,, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities, '08/12-12011'infim-nation, Pjai-- and Cons,- tion Sysu,,m (PI pagt ,I Of i Version 3A 9/1412014 Vkharren Count/ Endangered Species, Threatened Species,Federal Species of Concem, and candidate Species r"Iff-I I IM16,1'li I M:Ir '12, � "IMMMEMMIANNNIMMIM En dangered Species, Threatened Spec lies,Federal Species of Concern, and Candidate Species, Warren County, North Carolina Updated: 12-27-2012 Common Name Vertebrate: -Arnerican eel Bae hman's sparrow Pinewoods shiner Roanoke bass Vascular Plant: Prairie birdsfoot-trefoil Scientific name Anguilla rostrata Aimophila aestivalis Hadiaeetus leucocephalus Lythrurus mat tines ,Imblo plites cavifrons Fvsconaia r4asopi A lasmidonta heterodoii Elliptic steinstansana Elliptio lanceelata Lotus undfoliolatus v helleri Federal Record Status Status FSC Current FSC Current BGPA Current FSC Obscure FSC Current FSC Current E Current E Current - FSC Clurrent FSC Historic Definitions of Federal Status Codes® E = endangered. A taxon "in danger of extinction thioughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable fat -Lire throughout all or a sign-itic ant portion of its range.' candidate. A taxon under consideration- for official listing --for which there is sus cl-mit in-formati(im, to support- listing. (Formerly "C I" candidate species.) BGP. =Bald and Golden Eagle Protection Act. See below. FSC = fi,-deral species ofconcern. A species -under consideration for fisfing, Phar which the -, is Misufficient httj.PJ17zrm,,v. htmi 1/, F I GU RUE- 7 "Z=7 Element Occurrences July 2014 The Natural Heritage Element Occurrences (or NHEO) shapefile identifies occurrences of rare plants and animals, exemplary or unique natural communities, and important animal assemblages (e.g., heronries and colonial waterbird nesting sites). Collectively, these plants, animals, natural communities, and animal assemblages are referred to as "elements of natural diversity" or simply as "elements". Specific occurrences of these elements are referred to as "element occurrences" or simply 11ECis". Records for the Blue Ridge Parkway are not included in the shapefile. You must contact the Blue Ridge Parkway if you need information for this area. Because these data can quickly become outdated, the North Carolina Natural Heritage should be contacted before use of the data set to ensure data currency. Please use the following format when acknowledging products derived from this data set: North Carolina Natural Heritage Program. 2014. Biotics Database. Department of Environment and Natural Resources, Raleigh, North Carolina. While efforts have been made to ensure that these data are accurate and reliable, the North Carolina Natural Heritage Program cannot assume liability for any damages or misrepresentation caused by any inaccuracies in the data, E® ID Element occurrence Identifier. A number that uniquely identifies the element occurrence. LAST—OBS Last Observed Date. The date on which the element occurrence was most recently observed. Format of the dates is: Yyyy-mm-dd. When the date is not precisely known, examples of possible values are: 2001-08 During August 2001 1.953 During 1953 1871 -Pre Before 1871 1995 -post After 1.995 1975-Spr In the spring of 1975 1992- urn In the summer of 1.992 1975 -Fall In the fall of 1.975 1960-1961-W" In the winter of 1960-61 1955 -Circa Sometime around 1.955 19905 Sometime during the X99 °s 2002-2005 Between 2002 and 2005 1998? •♦ during 1998 ED—STATUS Element Occurrence Status. A summary of the Element Occurrence Rank (see above). Status Description Current The occurrence was observed recently. Historical Either the element has not been found in recent surveys; or it has not been surveyed recently enough to be confident they are still present; or the occurrence is thought to be destroyed. Obscure The date the element was last observed is uncertain. EC NK Element Occurrence Rank. Indicates the estimated viability of the element occurrence. Rank Definition A The EO has excellent estimated viability/ecological integrity. B The EO has good estimated viability/ecological integrity. C The EO has fair estimated viability/ecological integrity. D The EO has poor estimated viability/ecological integrity. E The EO has recently been verified to still exist, but there is insufficient information to estimate its viability/ecological integrity. F Recent surveys failed to relocate an EO previously reported, but there is no evidence the EO has been destroyed. H The EO is old, and if surveyed recently, surveys failed to find it, but there is no evidence it is destroyed. NR The EO has not yet been assigned a rank. U The EO cannot be assigned a rank because of insufficient information. X The EO has been destroyed. i The EO was introduced. (Used as a qualifier of the above ranks.) r The EO was reintroduced or restored, (Used as a qualifier of the above ranks.) ? `here is uncertainty about the rank. (Used as a qualifier of the above ranks,) NOTE- For occurrences with . a r.jixed rank (e.g,, "AC"), the actual rank is uncertain and ties between the range specified. ACCURACY The accuracy is an estimate of how much of the element occurrence, as mapped, is believed to be actually occupied by the element. This uncertainty is can result from doubt about the exact location of an observation, which in turn is affected by survey techniques, equipment, and the nature of information we receive from observers. Values are: Accuracy Description Very High Greater than 95% of the mapped area is occupied by the element. High Between 80% and 95% of the mapped area is occupied by the element. Medium Between 20% and 80% of the mapped area is occupied by the element. Low Between 5% and 20% of the mapped area is occupied by the element. Very Low Less than S% of the mapped area is occupied by the element. Unknown The percentage of the mapped area occupied by the element is unknown. blank An accuracy estimate has not been assigned to record. NAME—CATGY Name Category. Field categorizes the occurrences into broad taxonomic groups. IATA DA The date that the shapefile was exported from the North Carolina Natural Heritage Program's database. Format of the date is: VyVy-mm-dd. a The data areupdated in January, April, July. and Octabnor- Tha data when the data were last updated is noted on the website. TAXONOMIC GROUP A taxonomic group is the broad biological group into which the element falls. Most are well known, such are mammals, crayfish, and mosses. Less familiar groups are natural communities, which are a distinct and reoccurring assemblage of populations of plants, animals, bacteria, and fungi naturally associated with each other and their physical environment; and animal assemblages, which are a concentration of animal species using the same site for a phase of their life cycle (feeding, reproduction, migration, hibernating, etc.), e.g. bird colonies, bat or reptile hibernacula, concentrations of migrating shorebirds, multispecific spawning grounds, or multispecific mussel habitats. SCIENTIFIC NAME Plant names follow those used in "Flora of the Southern and Mid -Atlantic States" by Alan Weakley (2011 draft). For the most part, animal names follow those found in NatureServe Explorer (http://www.natureserve.org/explorer/). Names of natural communities are from a "Guide to the Natura! Communities of North Carolina, Fourth Approximation" by Michael P. Schafale, 2012. COMMONNAME Plant names follow those used in "Flora of the Southern and Mid -Atlantic States" by Alan Weakley (2011 draft). For the most part, animal names follow those found in NatureServe Explorer (http:www.natureserve.org/explorer/). STATESTATUS Definitiots of the state Animal protection statuses are designated by the Wildlife Resources Commission and the Natural Heritage Program (NC Department of Environment and Natural Resources). Endangered, Threatened, and Special Concern specl ' es of mammals, birds, reptiles, amphibians, freshwater fishes, and freshwater and terrestrial mollusks have legal protection status in North Carolina (Wildlife Resources Commission). The Significantly Rare designation indicates rarity and the need for population monitoring and conservation action. (This is a N.C. Natural Heritage Program designation.) CODE STATUS DEFINITION N CODE STATUS DEFINITION T Threatened "Any native or once -native species of wild animal which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act." (Article 25 of Chapter 113 of the General Statutes; 1987). SC Special Concern "Any species of wild animal native or once -native to North Carolina which is determined by the Wildlife Resources Commission to require monitoring but which may be taken under regulations adopted under the provisions of this Article." (Article 25 of Chapter 113 of the General Statutes; 1987). SR Significantly Any species which has not been listed by the N.C. Wildlife Resources Rare Commission as an Endangered, Threatened, or Special Concern species, but which exists in the state (or recently occurred in the state) in small numbers and has been determined by the N.C. Natural Heritage Program to need monitoring. Significantly Rare species include "peripheral" species, whereby North Carolina lies at the periphery of the species' range (such as Hermit Thrush), as well as species of historical occurrence with some likelihood of re- discovery in the state. Species considered extirpated in the state, with little likelihood of re -discovery, are given no N.C. Status (unless already listed by the N.C. Wildlife Resources Commission as E, T, or SC), SR -G Game Animal Species is a game animal or a furbearer, and therefore (by law) cannot be listed for State protection as E, T, or SC. The following five watch categories have been devised to indicate the reasons for each animal's current placement(s). A number of animals have been placed in two Watch Categories, because it is believed they may be "in trouble" for at least two reasons. For example, the Red -breasted Nuthatch has a rather small breeding population in the state, in the higher elevations of the mountains, giving it a W2 status. However, as a portion of the breeding population occurs in the spruce -fir zone, which is undergoing degradation of the canopy, it is also given a WS status, as well. IMMUMS-71 I a ett-Ticiinin it " , ' o a,Toronereason another. The distribution or population sizes of such species in the state are fairly well known; loss of habitA. is not necessarily a factor. A large number of species are known to be declining in the state, such Neotropical migrant birds, but the species in this category must have an N.C. Rank of S3S4 or higher (S3, S Examples: Rusty Blackbird, Spotted Turtle, Bull Chub. 1� Watch Category 2 (W2) includes animals that are rare to uncommon in North Carolina, but are not necessarily considered to be declining or otherwise in trouble. Generally speaking, the distribution or population sizes of such species in the state are fairly well known. Examples: Willow Flycatcher, Pine Woods Snake, Spotted Sunfish. Watch Category 3 (W3) includes animals that are poorly known in North Carolina, but are not necessarily considered to be declining or otherwise in trouble. The distribution and population sizes of such species are not �ijell known; this is especially true for a large number of invertebrates, as well as secretive or nocturnal vertebrates, Examples: Striped Mud Turtle, Sandhills Salamander, Banner Clubtall. I Watch Category 4 (W4) includes animals reported from North Carolina without adequate documentation. These species should be listed at a higher level, if their reported occurrence in North Carolina is true. This category includes sight records of uncertain validity, old and vague reports for which no documentation has appeared, specimens that cannot be verified as being taken in the state, and, in a few cases, more recent reports for which we have not yet received documentation. Example; Smooth Green Snake, Cumberland Crayfish Ostracod, Elusive Clubtail. Watch Category 5 (W5) includes animals with increasing amounts of threats to its habitat, whether or not populations are known to be declining. These threats can include loss of habitat (e.g., the dramatic loss of maritime forests), degradation of habitat (e.g., pollution and sedimentation of rivers and streams), and disturbance to the habitat (e.g., humans and their vehicles on beaches), among other types of threats. Threats can also include use of pesticides, acid rain, fire suppression, over -collection by zoologists, and varied other factors. Examples: American Kestrel, Bigeye Chub, Phaon Crescent. Plant protection statuses are determined by the Plant Conservation Program (NC Department of Agricultur and the Natural Heritage Program (NC Department of Environment and Natural Resources). Enclangere Threatened, and Special Concern species are protected by state law (Plant Protection and Conservation A 1979). Significantly rare designations indicate rarity and the need for population monitoring and conservati action. CODE STATUS DEFINITION E Endangered "Any species or higher taxon of plant whose continued existence as a viable component of the State's flora is determined to be in jeopardy" (GS 19B 106: 202.12). (Information on permitting regulations for NC Endangered, Threatened, and Special Concern species can be found at www.ncplant.com) T Threatened "Any resident species of plant which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range" (GS 19B 106:202.12). SC- V Special "'Any species or higher taxon of plant which is likely to become a threatened Concern- species within the foreseeable future"(NCAC 02 NCAC 48F .0401). Vulnerable SC- H Special "'Any species or higher taxon of plant that occurred in North Carolina at one Concern- time, but for which all known populations are currently considered to be Historical either historical or extirpated." "(NCAC 02 NCAC 48F.0401). SR Significantly Any species not listed by the N.C. Plant Conservation Program as Endangered, Rare Threatened, or Candidate, which is rare in North Carolina, generally with I- 100 populations in the state, frequently substantially reduced in numbers by habitat destruction (and sometimes also by direct exploitation or disease). SR -L Limited The range of the species is limited to North Carolina and adjacent states (endemic or near endemic). These are species that may have 20-50 populations in North Carolina, but fewer than 100 populations rangewide, The preponderance of their distribution is in North Carolina and their fate 4 Watch Category 1 (W1) includes rare plants whosestatus in North Carolina is relatively well known and whi appear to be relatively secure at this time. While still notably rare, these species do not currently require sit specific monitoring and so are not on the main list (E, T, C, SR, or SQ. Many of these species were formerly the main list; they are retained in this catew because t 1 '111 11,111:11 11 iiiii�l IIF W 01A P-9 1,1111upc 111:11 Watch Category 2 (W2) includes plants with questionable taxonomy, including taxa of dubious validity an,41 taxa under study and potentially to be namer. if further study reveals that these are valid taxa, they would warrant addition to the Rare Plant List as Endangered, Threatened, Candidate, or Significantly Rare. This category has been used for named and unnamed ta i(a A I N.-MON Watch Category 3 (W3) includes plants which have been reported from North Carolina without adequa documentation. These species should be listed at a higher level when their reported occurrence in No 3 Carolina is verified. This category includes sight records, old and vague reports for which no documentati has appeared, and, in a few cases, more recent literature reports for which we have not yet receivi documentation. We request data documenting native occurrence in North Carolina, as well as locality a Population data. Watch Category 4 (W4) includes plants known to occur in North Carolina which current data suggest are no�j native to North Carolina, but whose native occurrence is plausible. Some of these species were previously listed at a higher level, but field investigations suggest that all known North Carolina occurrences are introductions. We request data documenting the native occurrences of the species in North Carolina. Watch Category Sa (W5a) includes plants which have declined sharply in North Carolina, but which do not appear yet to warrant site-specific monitoring. Most species in this category have undergone declines of more than 50% in many cases more than 909/6) from their pre-Columbian status. Reasons for decline include exotic pe_tft or pathogens, massive modification of the landscape, suppression of natural fires, and failure of 0 depends largely on conservation here. SR -T Throughout The species is rare throughout its range (fewer than 100 populations total). SR -D Disjunct The species is disjunct to North Carolina from a main range in a different part of the country or world. SR- P Peripheral The species is at the periphery of its range in North Carolina. These species are generally more common somewhere else in their ranges, occurring in North Carolina peripherally to their main ranges, mostly in habitats which are unusual in North Carolina. SR -t3 Other The range of the species is sporadic or cannot be described by the other Significantly Rare categories W Watch List Any other species believed to be rare and of conservation concern in the state but not warranting active monitoring at this time (see the Watch List section for a more complete discussion). The watch list has been divided into seven categories as follows: Watch Category 1 (W1) includes rare plants whosestatus in North Carolina is relatively well known and whi appear to be relatively secure at this time. While still notably rare, these species do not currently require sit specific monitoring and so are not on the main list (E, T, C, SR, or SQ. Many of these species were formerly the main list; they are retained in this catew because t 1 '111 11,111:11 11 iiiii�l IIF W 01A P-9 1,1111upc 111:11 Watch Category 2 (W2) includes plants with questionable taxonomy, including taxa of dubious validity an,41 taxa under study and potentially to be namer. if further study reveals that these are valid taxa, they would warrant addition to the Rare Plant List as Endangered, Threatened, Candidate, or Significantly Rare. This category has been used for named and unnamed ta i(a A I N.-MON Watch Category 3 (W3) includes plants which have been reported from North Carolina without adequa documentation. These species should be listed at a higher level when their reported occurrence in No 3 Carolina is verified. This category includes sight records, old and vague reports for which no documentati has appeared, and, in a few cases, more recent literature reports for which we have not yet receivi documentation. We request data documenting native occurrence in North Carolina, as well as locality a Population data. Watch Category 4 (W4) includes plants known to occur in North Carolina which current data suggest are no�j native to North Carolina, but whose native occurrence is plausible. Some of these species were previously listed at a higher level, but field investigations suggest that all known North Carolina occurrences are introductions. We request data documenting the native occurrences of the species in North Carolina. Watch Category Sa (W5a) includes plants which have declined sharply in North Carolina, but which do not appear yet to warrant site-specific monitoring. Most species in this category have undergone declines of more than 50% in many cases more than 909/6) from their pre-Columbian status. Reasons for decline include exotic pe_tft or pathogens, massive modification of the landscape, suppression of natural fires, and failure of 0 reproduction. Because many of these species were once abundant or even dominant in parts of No Carolina, they may still be fairly common or frequently encountered, despite the strong decline. If curre trends continue, however, many of these species will be threatened with extirpation in all or a major part their ranges in North Carolina. NCNHP does not actively maintain files on W5b species occurrences. I Watch Category 5b (W5b) includes widespread plants, at least within their physiographic province, that are In commercial demand and are often collected and sold in high volume. Such high volume collection can cause local extirpation and is not sustainable in the long run. This category has been created to bring attention to the issue before commercial collection of these species reaches the point where they become rare. Not included in this category are species that are already listed in other sections of this rare plant list. The NCNHP requests information on illegal collection incidents, but does not otherwise maintain files on W5b species occurrences. NCNHP does not actively maintain files on W5b species occurrences. Watch Category 6 (W6) includes plants which are rare in one region of North Carolina, while uncommon to abundant in another. These regional rarities, generally within -state disjuncts, are significant for protection of genetic variation and long-term viability of species. NCNHP does not actively maintain files on W6 species occurrences. Watch Category 7 (W7) includes plants with inadequate information about their distribution and rarity in North Carolina. These are generally species which have not been previously listed as rare In North Carolina, but which appear to be so, based on herbarium records and field experience of NCNHP staff, consultants, and cooperating scientists. Further information is needed in order to determine the true status of these species in North Carolina. We request locality and population data on these species. FEDERALSTATUS This status is designated by the U.S. Fish and Wildlife Service. Federally listed Endangered and Threatened species are protected under the provisions of the Endangered Species Act of 1973, as amended through the 100th Congress. Unless otherwise noted, definitions are taken from the Federal Register, Vol. 56, No. 225, November 21, 1991 (50 CFR Part 17). CODE STATUS DEFINITION E Endangered A taxon "which is in danger of extinction throughout all or a significant portion of its range" (Endangered Species Act, Section 3). T Threatened A taxon "which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range" (Endangered Species Act, Section 3). T(5/A) Threatened due to "Section 4 (e) of the [Endangered Species] Act authorizes the treatment of Similarity of a species (subspecies or population segment) as endangered or threatened Appearance even though it is not otherwise listed as endangered or threatened if -- (a) the species so closely resembles in appearance an endangered or threatened species that enforcement personnel would have substantial difficulty in differentiating between the listed and unlisted species; (b) the effect of this substantial difficulty is an additional threat to an endangered or threatened species; and (c) such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of the Act.' I CODE STATUS DEFINITION (Federal Register, November 4, 1997). [The American Alligator is listed as T(S/A) due to similarity of appearance to other rare crocodilians, and the southern population of the Bog Turtle is listed as T(S/A) due to similarity of appearance to the northern population of the Bog Turtle (which is federally listed as Threatened and which does not occur in North Carolina).] C Candidate "Taxa for which the [Fish and Wildlife] Service has on file enough substantial information on biological vulnerability and threat(s) to support proposals to list them as endangered or threatened. Proposed rules have not yet been issued because this action is precluded at present by other listing activity. Development and publication of proposed rules on these taxa are anticipated. The Service encourages State and other Federal agencies as well as other affected parties to give consideration to these taxa in environmental planning." (Federal Register, February 28, 1996). Taxa formerly considered as "Category V are now considered as `Candidate'. 0 M fi 0 CODE STATUS DEFINITION XN Nonessential The Endangered Species Act permits the reintroduction of endangered Experimental animals as "nonessential experimental" populations. Such populations, Population considered nonessential to the survival of the species, are managed with fewer restrictions than populations listed as endangered. "Section 10 0) of the Endangered Species Act of 1973, as amended, provides for the designation of introduced populations of federally listed species as nonessential experimental. This designation allows for greater flexibility in the management of these populations by local, state, and Federal agencies. Specifically, the requirement for Federal agencies to avoid jeopardizing these populations by their actions is eliminated and allowances for taking the species are broadened." (U.S. Fish and Wildlife Service, 1995). D De -listed Species has been proposed by the U.S. Fish and Wildlife Service for d. listing from the List of Endangered and Threatened Wildlife. However, the present time, the species is still on the List of Endangered a Threatened Wildlife and is thus protected under the Endangered Speci Act. Because such species still have legal Federal protection, the NHP w maintain existing records on the species, though new records might n necessarily be added. If the status becomes law prior to the ne), publication of the NHP Rare Animal List, the Program will remove th Federal designation from its database (and thus the species will no long appear on printouts of Federally listed species). NHP may or may n continue to track the species, depending on its legal State status and oth factors such as overall abundance and range in the state. P�_ Proposed A species which has been formally proposed in the Federal Register f listing as Endangered or Threatened STATE RANK Natural Heritage Programs and NatureServe have developed a consistent method for evaluating the relati imperilment of both species and ecological communities. These assessments lead to the designation of conservation status rank. For plant and animal species these ranks provide an estimate of extinction risk, T information has been developed by the NCNHP, NatureServe, and a large number of collaborators government agencies, universities, natural history museums and botanical gardens, and other conservati organizations. This information has been developed primarily to help in guiding conservation and informi environmental planning and management, Conservation status ranks are based on a one to five scale, rangi from critically imperiled (SI) to demonstrably secure (SS). These status assessments are based on the be available information, considering a variety of factors such as abundance, distribution, population trends, a threats. I CODE RANK DESCRIPTION 51 Critically Critically imperiled in North Carolina due to extreme rarity or some factor(s) making imperiled it especially vulnerable to extirpation (local extinction) from the state, Typically 5 or fewer occurrences or very few remaining individuals (<1,000). M CODE RANK DESCRIPTION S2 Imperiled Imperiled in North Carolina due to rarity or some factor(s) making it very vulnerable to extirpation from the state. Typically 6 to 20 occurrences or few remaining individuals (1,000 to 3,000). S3 Vulnerable Vulnerable to extinction in North Carolina either because rare or uncommon, or found only in a restricted range (even if abundant at some locations), or due to other factors making it vulnerable to extirpation. Typically 21 to 100 occurrences or between 3,000 and 10,000 individuals. S4 Apparently Apparently secure and widespread in North Carolina, usually with more than 100 Secure occurrences and more than 10,000 individuals. S5 Secure Common, widespread, and abundant in North Carolina. Essentially ineradicable under present conditions. Typically with considerably more than 100 occurrences and more than 10,000 individuals. S#S# Range Rank A numeric range rank (e.g., S2S3) is used to indicate uncertainty about the exact status of the element. SH Historical Occurred in North Carolina historically, with some expectation that it may be rediscovered. Its presence may not have been verified in the past 20 years. Upon verification of an extant occurrence, SH -ranked elements would typically receive an S1 rank. SX Presumed Believed to be extirpated in North Carolina and has not been located despite Extirpated intensive searches of historical sites and other appropriate habitat. SU Unrankable Currently cannot be assigned a rank in North Carolina due to lack of information or substantially conflicting information about status or trends. Need more information. SNR Not Ranked Rank in North Carolina not yet assessed. SNA Not Applicable A conservation status rank is not applicable because the element is not a suitable target for conservation because it is (1) an interspecific hybrid without conservation value, (2) not native to North Carolina, (3) outside its usual range and not regularly found in North Carolina, (4) never confidently documented as present in North Carolina, or (5) a taxon not confidently documented as present in North Carolina. 8 Breeding Rank of breeding population in North Carolina, Used for migratory species only, (Ilse d as qualifier of above ranks, e.g., SS9.) N Noribreeding Rank of non -breeding population in North Carolina. Used for migratory species only. (Used as qualifier of above ranks, e.g., S3N.) ? Uncertain indicates an inexact or uncertain numeric rank. (Used as qualifier of above ranks, e,g.r S2?.) I GLOBALRANK Global conservation status ranks are assigned by NatureServe (formerly the science branch of The Natu Conservancy) staff biologists and contract biologists, based on a consensus of scientific experts, the individu natural heritage programs, and the Natural Heritage Network. They apply to the status of a speci throughout its range. This system is widely used by other agencies and organizations, as the best avallab scientific and objective assessment of a species' rarity throughout its range. I G1 Critically Critically imperiled globally because of extreme rarity or because of some factor(s) imperiled making it especially vulnerable to extinction. Typically five or fewer occurrences or very few remaining individuals (<1,000), acres (<2,000), or linear miles (<10). G2 Imperiled Imperiled globally because of rarity or because of some factor(s) making it very vulnerable to extinction. Typically 6 to 20 occurrences, or few remaining individuals (1,000 to 3,000), acres (2,000 to 10,000), or linear miles (10 to 50). G3 Vulnerable Vulnerable globally either because very rare throughout its range found only in a restricted range (even if abundant at some locations), or because of other factors making it vulnerable to extinction. Typically 21 to 100 occurrences or between 3,000 and 10,000 individuals. �i4 Apparently Uncommon but not rare (although it may be rare in parts of its range, particularly on Secure the periphery) and usually widespread- Apparently not vulnerable in most of its range, but possibly cause for long-term concern. Typically more than 100 occurrences 9 and more than 10,000 individuals. G5 Secure Common, widespread, and abundant (although it may be rare in parts of its range, particularly on the periphery). Not vulnerable in most of its range. Typically with considerably more than 100 occurrences and more than 10,000 individuals. G#G# Range Rank A rank involving two numbers indicates uncertainty of rank. For example, a G2G3 rank indicates that the species may be a G2 or a G3, but that existing data do not allow that determination to be made, GH Historical Known from only historical occurrences, but with some expectation that it may be rediscovered. May still be extant; further searching is needed. GX Presumed Believed to be extinct throughout its range with virtually no likelihood that it will be Extinct rediscovered. Not located despite intensive searches of historical sites and other appropriate habitat. GU Uncertain Currently cannot be assigned a rank due to lack of information or due to substantially conflicting information about status or trends; need more information, GNR Not Ranked Global rank not yet assessed. G Not A conservation status rank is not applicable because the Element is riot a suitable Applicable target of conservation activities, A rank is not assigned either because it is (1) an interspecific hybrid without conservation value; or (2) the element is a pradLwft of domestication or cultivation. 9 CODE RANK DESCRIPTION T# Intraspecific The rank of a subspecies or variety. As an example, G4T1 would apply to a subspecies Taxon of a species with an overall rank of G4, but the subspecies warranting a rank of G1. ? inexact or Denotes inexact or uncertain numeric rank. Used as qualifier of above ranks. Uncertain Q Questionable Questionable taxonomy that may reduce conservation priority. Distinctiveness of this taxonomy entity as a taxon at the current level is questionable. Resolution of this uncertainty may result in change from a species to a subspecies or inclusion of this taxon in another taxon, with the resulting species having a lower -priority conservation status rank- Used as quaer of above ranks. COUNTY OR TOP® MAP STATUS This value summarizes what is known about the current existence status of the element for the county or topographic map. STATUS DESCRIPTION Current There is at least one record for the element in the region that has been seen recently. Historical Either the element has not been found in recent surveys in the region; or it has not been surveyed recently enough to be confident they are still present; or the occurrence is thought to be destroyed. Obscure The date the element was last observed in the region is uncertain. HA81TTCO MMENT The known habitats of a species are noted. These should not be regarded as the only possible habitats of t species in the state; our knowledge of the flora and fauna of North Carolina is still imperfect. I I I 9/14/2014 Warren County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species information to support listing at this time. These species may or may not be listed in the future, and many of these species were formerly recognized as "C2" candidate species. T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively. 5 Mrs "M r, "I In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de -listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit !iU*//w�-vw-ay,Q,,..Zov/mj-g,ratoUj2iLds/baideagle.htm In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as z Federal species of concern due to habitat loss. Defmitions of Record Status: Current - the species has been observed in the county within the last 50 years. Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and/or location of observation is uncertain. Incidentat/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proxirnity of Icnown records (in adjacent counties), the presence of potentially suitable habitat, or both. x ,O « O« C« C yy u -- u Y u C« U J C u N r . aC«« a+ — W aa v W a N « N a• N «« r N N— U—« V N « « U �miE Y x iui'�u'�u'===as=uu'g=u'=u'u'ci n o w N a '� N w W m ii u'uuv'uu'v'=u'u'v'u'u N d d v u'u'u'u'u'v'i�u'u'i�=-='^-u L v d v d i�u'v'ci d N W N u'u'uv'i'= d N d N a a C E v u m m. d w d m dm a v v v a m v m a w w a v m v m m w N w w m v c v a m m 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 0 o c o-2 ttw o ° t r v m N `o ` o N 4 m V .n L ° a a C y V �y1O u u z ° 0 Z O 72 2 Iz lw o_ H E u a m> = 'o o - c m ai E '^In'$ _ RE E o- o° E m i E o= a c J. -0z 3 5mwE 'caoveoo - v ° ° '.3 m 3 E° y Z' ' va oEo vcmw- fNv o a 3 ?E aa w E ^ ° E Eo o Eo mE zi .on°w'm d ° m O LD c m o: U' C% V' ut C7 l7 V� a i7 Vr V' [9 l�7 V' lM7 td7 l7 c VM' .n t�7 [,9 at V' U' ut t7 l7 vt V C7 [7 U' V' v m l:J U' v (7 U' N m V' l7 l�7 C7 V u' a vt l7 U' �n l7 l7 l7 l7 �n V' l� �n l7 l7 m m l7lm� m C7 c V` V' l7 m tag �= l7 v t7 l7 i'I lN`! l7 ^' m t'J V. y Vr C7 m V' l7 U' Fa- 2 N IM v N N Z m N �y y N N N t~if y N N N W N H N N 7 M M Z " v! N N M h m VNNi vNi m N tNi YNt N N M vmi N a o « � a N w 3 3 3 3 N 3 3 3 3 3 3 w N N w 3 N N g 3 3 o 'n E ° = L Oa n m o a am 2' «; c L E E L u ps o m o o o;= Z S a o y O ° 1 c n j , n =Nc=Wc m> Oan - ScO .O E0 O W tC 0. 15u « y« �✓ d d°- ` ¢ 9 E E -' n E E Ea a n¢ roE> Qp O U F n ,. 'Do b Sc = Yi S Q' !n I aa+ g s w E E 1 b 19 ra ._ Q , N b Ym« O °'. b U D 6 L3 E - O O O O A-- O _O ° 4 5;° O 2} E V— O " 19 INA U r° V — — wl� �Z a L C Q a d Q L Y �uO -I-- ` - - a- Lc>� o Ul wis pC `w' . wG_uO �� >!> > >1> a- > > > > _! ° v a �l E _ ��> �v� m E a(, �(n it ;w , u) I :a E,n �:lz�.` cl •aji> n Iz z > ol> )/))))\ ) r \ / g } { - ! �� - § \ 2)� 2 \\E \{)»\\) 3/1f t) r\ IE ® N1,g i g► E' � ��p { ��� s Greystone Management, Inc. 4105 Southall Road Raleigh, NC 27604 Telephone (919) 606-8407 MUMIRINHUNIM Mr. James W. Thornton Dominion Power North Carolina P. O. Box 370 Roanoke Rapids, NC 27870 RE: Draft Environmental Assessment for Eaton's Ferry Estates Property Owners Association Lake Gaston, Warren County, North Carolina Dear Mr. Thornton, Eaton's Ferry Estates Property Owners Association ( EFEPOA) proposes to construct 6 boat slips in the EFEPOA Park at Parkway Drive to compliment the 14 boat slips currently permitted by Dominion North Carolina. Ten of the existing boat slips have been in use for over 30 years at the EFEPOA park and four were permitted and added in 2003. Eaton Ferry Estates is a residential community consisting of 160 waterfront lots and 162 offshore lots. Pursuant to Federal Energy Regulatory Commission ( FERC) requirements, I am enclosing a copy of the Draft Environmental Assessment ( EA ) for your review and comment. The proposed construction will consists of the following: * Re -configure an existing community swim dock to accommodate 2 boat slips. ( Dock A) * Construct two docks 4 ft. x 40 ft. that will accommodate 2 boat slips each ( Docks B and C * Construct a new community swim dock ( Dock D 5 ft. wide and 40 ft. long with right oriented L design at end of dock 10 ft. x 12 ft. * All of the docks will not extend more than 40 ft. from the bulkhead/ rip -rap shoreline. Please send any comments to my attention at Greystone Management, Inc., 4105 Southall Road, Raleigh, NC 27604 by September 25, 2014. Any comments we receive will be incorporated into the Final EA. I maybe reached at( 919) 606-8407 or E Thank you for your assistance jn this matter and we look forward to hearing fi-om you. Sincerely, 7 Joe S. Johnson Greystone Management, Inc, -Affachments. Draft EA Greystone Management, Inc. 4105 Southall Road Raleigh, NC 27604 Telephone (919) 606-8407 Mr. William C. Miller Dominion Power North Carolina P. O. Box 370 Roanoke Rapids, NC 27870 RE: Draft Environmental Assessment for Eaton's Ferry Estates Property Owners Association Lake Gaston, Warren County, North Carolina Dear MT. Miller, Eaton's Ferry Estates Property Owners Association ( EFEPOA) proposes to construct 6 boat slips in the EFEPOA Park at Park -way Drive to compliment the 14 boat slips currently permitted by Dominion North Carolina. Ten of the existing boat slips have been in use for over 30 years at the EFEPOA park and four were permitted and added in 2003. Eaton Ferry Estates is a residential community consisting of 160 waterfront lots and 162 offshore lots. Pursuant to Federal Energy Regulatory Commission ( FERC) requirements, I am enclosing a copy of the Draft Environmental Assessment ( EA ) for your review and comment. The proposed construction will consists of the following: • Re -configure an existing community swim dock to accommodate 2 boat slips. ( Dock A) • Construct two docks 4 ft. x 40 ft. that will accommodate 2 boat slips each ( Docks B and C • Construct a new community swim dock ( Dock D 5 ft. wide and 40 ft. long with right oriented L design at end of dock 10 ft. x 12 ft. • All of the docks will not extend more than 40 ft. from the bulkhead/ rip -rap shoreline. Please send any comments to my attention at Greystone Management, Inc., 4105 Southall Road, Raleigh, NC 27604 by September 25, 2014. Any comments we receive will be incorporated into the Final EA. I may be reached at ( 919) 606-8407 or ��_ - - - - - - , - - i ` � - , "-"- - - - - --'- - - Thank you for your assistance jn this matter and we look forward to hearing from you. Sincerely, Joe S. Johnson Greystone Management, Inc. Attach-r-n-ents: Draft E-A. 4105 Southall Road Raleigh, NC 27604 Telephone (9 19) 606-8407 1EMEMMEMMI, Mr. Craig Brown U.S. Army Corps of Engineers 3331 Heritage Trade Drive — Suite 105 Wake Forest, NC 27587 RE: Draft Environmental Assessment for Eaton's Ferry Estates Property Owners Association Lake Gaston, Warren County, North Carolina Dear Mr. Brown, Eaton's Ferry Estates Property Owners Association ( EFEPOA) proposes to construct 6 boat slips in the EFEPOA Park at Parkway Drive to compliment the 14 boat slips currently permitted by Dominion North Carolina. Ten of the existing boat slips have been in use for over 30 years at the EFEPOA park and four were permitted and added in 2003. Eaton Ferry Estates is a residential community consisting of 160 waterfront lots and 162 offshore lots. Pursuant to Federal Energy Regulatory Commission ( FERC) requirements, I am enclosing a copy of the Draft Environmental Assessment ( EA ) for your review and comment. The proposed construction will consists of the following: ® Re -configure an existing community swim dock to accommodate 2 boat slips. (Dock A) ® Construct two docks 4 ft. x 40 ft. that will accommodate 2 boat slips each ( Docks B and C ® Construct a new community swim dock ( Dock D 5 ft. wide and 40 ft. long with right oriented L design at end of dock 10 ft. x 12 ft. ® All of the docks will not extend more than 40 ft. from the bulkhead/ rip -rap shoreline. Please send any comments to my attention at Greystone Management, Inc., 4105 Southall Road, Raleigh, NC 27604 by September 25, 2014. Any comments we receive will be incorporated into the Final EA. I maybe reached at( 919) 606-8407 or Thank you for your assistancejn this matter and we look forward to hearing from you. Sincerely, jcse S..Tol nsen Greyston-I ivIanalcmn-nt, Atta,clu-nents. Draft EA Greystone Management, Inc. 4105 Southall Road Raleigh, NC 27604 Telephone (919) 606-8407 Lt. Derek J. Burrill U.S. Coast Guard North Carolina Sector Waterways Division 721 Medical Center Drive Wilmington, NC 28401 RE: Draft Environmental Assessment for Eaton's Ferry Estates Property Owners Association Lake Gaston, Warren County, North Carolina Eaton's Ferry Estates Property Owners Association ( EFEPOA) proposes to construct 6 boat slips in the EFEPOA Park at Parkway Drive to compliment the 14 boat slips currently permitted by Dominion North Carolina. Ten of the existing boat slips have been in use for over 30 years at the EFEPOA park and four were permitted and added in 2003. Eaton Ferry Estates is a residential community consisting of 160 waterfront lots and 162 offshore lots. Pursuant to Federal Energy Regulatory Commission ( FERC) requirements, I am enclosing a copy of the Draft Environmental Assessment ( EA ) for your review and comment The proposed construction will consists of the following: ® Re -configure an existing community swim dock to accommodate 2 boat slips. (Dock A) * Construct two docks 4 ft. x 40 ft. that will accommodate 2 boat slips each ( Docks B and C ® Construct a new community swim dock ( Dock D 5 ft. wide and 40 ft. long with right oriented L design at end of dock 10 ft. x 12 ft. * All of the docks will not extend more than 40 ft. from the bulkhead/ rip -rap shoreline. Please send any comments to my attention at Greystone Management, Inc., 4105 Southall Road, Raleigh, NC 27604 by September 25, 2014. Any comments we receive will be incorporated into the Final EA. I may be reached at ( 919) 606-8407 Thank you for your assistance in this matter and we look forward to hearing from you. Sincerely, tts S. Joblft�,'bn _Ireyst ine AIlanagerne-nt, jfnc A ' i mrach,�zn(�,_,nts � Drafft, E -k 4105 Southall Road Raleigh, NC 27604 Telephone (9 19) 606-8407 1010TIMI, Deputy State Historic Preservation Officer State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 RE: Draft Environmental Assessment for Eaton's Ferry Estates Property Owners Association Lake Gaston, Warren County, North Carolina Dear Ms. Bartos, Eaton's Ferry Estates Property Owners Association ( EFEPOA) proposes to construct 6 boat slips in the EFEPOA Park at Parkway Drive to compliment the 14 boat slips currently permitted by Dominion North Carolina. Ten of the existing boat slips have been in use for over 30 years at the EFEPOA park and four were permitted and added in 2003. Eaton Ferry Estates is a residential community consisting of 160 waterfront lots and 162 offshore lots. Pursuant to Federal Energy Regulatory Commission ( FERC) requirements, I am enclosing a copy of the Draft Environmental Assessment ( EA ) for your review and comment. The proposed construction will consists of the following: ® Re -configure an existing community swim dock to accommodate 2 boat slips. ( Dock A) • Construct two docks 4 ft. x 40 ft. that will accommodate 2 boat slips each ( Docks B and C • Construct a new community swim dock ( Dock D 5 ft. wide and 40 ft. long with right oriented L design at end of dock 10 ft. x 12 ft. ® All of the docks will not extend more than 40 ft. from the bulkhead/ rip -rap shoreline. Please send any comments to my attention at Greystone Management, Inc., 4105 Southall Road, Raleigh, NC 27604 by September 25, 2014. Any comments we receive will be incorporated into the Final EA. I may be reached at ( 919) 606-8407 or 'c)cb,._udJ j --11� n- 1- 1, Thank you for your assistance jn this matter and we look forward to hearing from you. Sincerely, 10 J0FP.Sorj Greystone Management, Inc, ,pitta coo rets: Draft EA Pat McCrory Bryan Gossage John E. Skvada, III Governor Director Secretary August 13, 2014 Mr. Joe S- "Bud" Johnson Greystone Management, Inc. 4105 Southall Road Raleigh, North Carolina 27604 Joebud45@?gmail.com RE: Eaton's Ferry Estates Park — Proposed Boat Slips Lake Gaston, Warren County, North Carolina YRIM MalTul 'EVIPTUT, (NCNHP) database ior the proposed project referenced above. The NCNHP database does not show any records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project area. IFT, R V P L. for the following rare species: ' For status definitions, please see the Help document at http://`­www.ncnho.org/web/nhp/`database-search. miles south of the *,rn�tosed 5*xoJect area,, this species has been documented in lakesw streams, and rivers. The occurrence of Bachman's Sparrow was documented north of the proposed species prefers open longleaf pine forests and old fields. Please note that although the NCNHP database does not show records of rare species or important natural communities within the proposed project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveLis if neeAdWi91mifWr1%-,"h**W suitable habitat for rare species. Feel free to contact me at 919-707-8629 or AllismWeak! -y a ncdenugm if you have questions or need I -Wil Mail Service Center, Raleigh, North Carolina 2769a-1601 Phone: 919-707-86(10 � into t: wwmderr, .gov An Equal 4,pof Wrdty 1A%rnafive Ad,= DmIlayear - 50% Re,-�d,-Z I 10% Pnit Gons.xner Plp&- SCIEW"FIC NAME Lepto lea ochracea T1 dewater Mucket Peucorea aestivalls ' For status definitions, please see the Help document at http://`­www.ncnho.org/web/nhp/`database-search. miles south of the *,rn�tosed 5*xoJect area,, this species has been documented in lakesw streams, and rivers. The occurrence of Bachman's Sparrow was documented north of the proposed species prefers open longleaf pine forests and old fields. Please note that although the NCNHP database does not show records of rare species or important natural communities within the proposed project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveLis if neeAdWi91mifWr1%-,"h**W suitable habitat for rare species. Feel free to contact me at 919-707-8629 or AllismWeak! -y a ncdenugm if you have questions or need I -Wil Mail Service Center, Raleigh, North Carolina 2769a-1601 Phone: 919-707-86(10 � into t: wwmderr, .gov An Equal 4,pof Wrdty 1A%rnafive Ad,= DmIlayear - 50% Re,-�d,-Z I 10% Pnit Gons.xner Plp&- Eaton's Ferry Estates Park — Proposed Boat Slips Lake Gaston, Warren County, North Carolina August 13, 2014 Page 2 Sincerely, Allison Schwarz Weakley, Conservation Planner NC Natural Heritage Program 4105 Southall Road Raleigh, NC 27604 Telephone (919) 606-8407 99MOMMINKM Mr. Pete Benjamin U.S. Fish and Wildlife Services P.O. Box 33726 Raleigh, NC 27636-3726 RE: Draft Environmental Assessment for Eaton's Ferry Estates Property Owners Association Lake Gaston, Warren County, North Carolina Dear Mr. Benjamin, Eaton's Ferry Estates Property Owners Association ( EFEPOA) proposes to construct 6 boat slips in the EFEPOA Park at Parkway Drive to compliment the 14 boat slips currently permitted by Dominion North Carolina. Ten of the existing boat slips have been in use for over 30 years at the EFEPOA park and four were permitted and added in 2003. Eaton Ferry Estates is a residential community consisting of 160 waterfront lots and 162 offshore lots. Pursuant to Federal Energy Regulatory Commission ( FERC) requirements, I am enclosing a copy of the Draft Environmental Assessment ( EA ) for your review and comment. The proposed construction will consists of the following: ® Re -configure an existing community swim dock to accommodate 2 boat slips. ( Dock A) • Construct two docks 4 ft. x 40 ft. that will accommodate 2 boat slips each ( Docks B and C ® Construct a new community swim dock ( Dock D 5 ft. wide and 40 ft. long with right oriented L design at end of dock 10 ft. x 12 ft. ® All of the docks will not extend more than 40 ft. from the bulkhead/ rip -rap shoreline. Please send any comments to my attention at Greystone Management, Inc., 4105 Southall Road, Raleigh, NC 27604 by September 25, 2014. Any comments we receive will be incorporated into the Final EA. I may be reached at ( 919) 606-8407 or.' Thank you for your assistance jn this matter and we look forward to hearing from you. Sincerely, Joe S. Johnson Greystone ManagemeDt, Inc. Attachments- Draft EA Greystone Management, Inc. 4105 Southall Road Raleigh, NC 27604 Telephone (919) 606-8407 September 15,2014 Mr. Ian McMillan, PWS,GSIP N.C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1650 RE: Draft Environmental Assessment for Eaton's Ferry Estates Property Owners Association Lake Gaston, Warren County, North Carolina Dear Mr. McMillan, Eaton's Ferry Estates Property Owners Association ( EFEPOA) proposes to construct 6 boat slips in the EFEPOA Park at Parkway Drive to compliment the 14 boat slips currently permitted by Dominion North Carolina. Ten of the existing boat slips have been in use for over 30 years at the EFEPOA park and four were permitted and added in 2003. Eaton Ferry Estates is a residential community consisting of 160 waterfront lots and 162 offshore lots. Pursuant to Federal Energy Regulatory Commission ( FERC) requirements, I am enclosing a copy of the Draft Environmental Assessment ( EA ) for your review and comment. The proposed construction will consists of the following: ® Re -configure an existing community swim dock to accommodate 2 boat slips. ( Dock A) ® Construct two docks 4 ft. x 40 ft. that will accommodate 2 boat slips each ( Docks B and C * Construct a new community swim dock ( Dock D 5 ft. wide and 40 fL long with right oriented L design at end of dock 10 ft. x 12 ft. ® All of the docks will not extend more than 40 ft. from the bulkhead/ rip -rap shoreline. Please send any comments to my attention at Greystone Management, Inc., 4105 Southall Road, Raleigh, NC 27604 by September 25, 2014. Any comments we receive will be incorporated into the Final EA. I may be reached at ( 919) 606-8407 or rn. Thank you for your assistance jn this matter and we look forward to hearing from you. Sincerely, Joe S. Johnson Greystone Management, Inc. Attachments: Draft E.A Water quality classification for the Eaton's Ferry Estates POA park area at Lake Gaston, Warren County,NC Joe Johnson <joebud45QgmaiI.com, Thu, Aug 7, 2014 at 4:00 PM To: ian-mcmillan@ncdenr.gov Ian, Enjoyed speaking with you eadipr.Attar-hed is a vicinity map and color aerial of the subject property. The Coordinates of the site is: Laftitude: 36 degrees -W- 01.6" N Longitude: 77 degress —57-.023" W I am seeking a water classification report for this specific area. The water is for general recreation to include swimming and boating -The Information will be incorporated into an EmAronmental Assessment I am preparing for submission to FERC, Dominion Power North Carolina and the Army Corps of Engineers. Eaton's Ferry Estates POA is proposing to add 6 boat slips and a new swim dock to the Park area and an EA is being required before their request can be considered. Thank you for your assistance. Joe Joe & " Bud " Johnson Greystone Monagement,tric. 4105 Southall Road Ralaigh,NC 27604 cell ( 9 i9) 006-840-7 email joebud45@gmaif.coyn You may email to my address below or mail. Thank you for your assistance 2 attachments EFEPOA Location -vicinity Map.pdf 2882K EFEPOA aerial existing nad proposed condItions.ptif 6157K Mcmillan, Ian <an.mcmiIIanQncdenrgov> Thu, Aug 7, To_ Joe Johnson <joebud45@gmail.com> Joe, i kei_ i s 1 en jo v.- d s o e --- k I r, F, "'j; fln y 0 U. I � M a 11 e r rl i -, t � d, 1 u _ pro e,-- u F� ace e ""f a a S ca-,. S W'-- V 2 e ,re c a -1 o e I OVII, S . cc_ t :11 N ii NOW l� 1, 1, 1 XC Df -\M - M -MON OF WATM QUALM .0333 RoAsarz RT"lr=n R;LsIx Ciera25 .0300 N— Of t`trea C—iPti— class Data Index r-. C.1—an arch rx"'--ce wm6utree C 07/01173 23-11-5 creek ani of Lake G.5^_— ACA4,;OMR:NTA !Lake G-- rron Sorzb 09i83112 23-i12}b-10. .. —1. f4l Scats Pool elcrmtacA 2.30 M) Lane to a Linc across take ca=ry 5tzp='d Creek Fror, source to Lake 07/0/73 23-13 Ro.=.Xc ;L-er aord.. Creek F-- souXce to Lake I—t.., c 0701/73 23-14 Rom -eke Ri— Ct—k rr - ..—t to L.t. 02/03/92 23-15 V—k. P-, — Hubq..—r cr—kYZ ... roetc Lok. a—.�to C 0"/02/73 23-16 A.—tke ;U"r Little HubQUarter Creek Fren scarce to Hobq—I 09/01/74 23-16-1 MI -11 C.—k Fr— V-1., C 05/03132 23-17 C-1-2virg-i Lire to k. G., R—ke R—er Big stcneh-- creek Fro.0— to Lake C.."'.' C 07/0I173 23 -le 249.r2. R-�— Little szao*!=— Creek Fant: sassrLa to Lake G--, C 07/01/73 23-19 Roanoke Rimmer Best 1--ttlet,- 3=etzb Fri scarce to Lois C sttreho.l. Creek Sel1e7 A..d-7 S -r --h Frac .0-1 to Lake G—t—, C :3-20 Fo.zoke R --- Ian MMillan, PWS, LISP Chief, Basin Planning Branch NCDENR — Division of Water Resources Main - (919)707 - Direct -(919)707 -9026 919)707 -Direct -(919)7G7-9026 Fax - (919)733-3558 E-mail correspondence to and from this address may be subject tothe North Carolina Public Records Lawand may he disclosed to third particis. Rom Joe Johmon Sant. Thisclay, August 07, 2014 4: 01 PM To. Wmillan, Ian SuWaa. water quality dassifiratim fbir the Eaban's Fprry POA park area at Lake Gastgn, Warren (;OUnb/,W [QuMMil IoxI )tidli0q] IC`1,11 1, 1" N� 1) t ol)6-8407 August 5,2014 IMMUMI-ro WOM15,119901 RE: Request for adjacent property owner comments Construction of six additional boat slips at the Eaton's Ferry Estates Park on Parkway Drive Lake Gaston, Warren County, North Carolina Dear Mrs. Rogers, The Eaton's Ferry Estates Property Owners Association Board of Directors ("The Association") voted unanimously in a regularly scheduled meeting in June, 2014 to add six ( 6) additional boat slips in line (as a continuation of the existing boat slips) at the POA park on Parkway Drive. For your convenience in visualizing this proposal, we are enclosing the following attachments: 1) Copy of the color aerial Warren County tax map 2) Copy of a color aerial showing the existing site conditions ( existing boat slips) and the proposed site conditions with the proposed new boat slips and dock highlighted in yellow. The proposal is to renovate the existing community dock to accommodate 2 boat slips and build two new docks 4 ft wide and 40 ft. long that will accommodate 2 boat slips at each dock for a total of 6 boat slips. A new community dock will be constructed as shown . All new construction will basically follow the same design and sizes of the existing boat slips. Anytime an Applicant proposes to add boat slips in a community where more than 10 already exist ( The Association has 14), the Federal Energy Regulatory Commission, ( FERC), requires the applicant to prepare an Environmental Assessment ( EA), and to notify you, the adjacent property owner, as part of the process. We ask that you provide written comments to us by August 15,2014. Your comments will be incorporated into the EA document that will be submitted to FERC in order to secure a Dominion land use permit. The EA will contain the review and assessment of the possible environmental impacts that could result from the addition of the 6 new boat slips. Mr. Bobby Johnson, the EFE Board president and your next door neighbor, indicated that you would be returning from Florida to your Lake Gaston home the weekend of August 14, 2010, and he would personally discuss this matter with you. We are enclosing a comment sheet for you to complete and sign. I am enclosing a stamped, self-addressed envelope to return your responses to my attention or you may give the signed Acknowledgment form to Bobby or Debbie on the 14th. I may be reached at 919) 606-8407 or e h � ,,, ,, � ii Thank you for your assistance in this matter. ;hnn,�President Greystone Management, Inc. Attachments cc. Mr. Bobby Johnson, President EFEPOA ADJACENT PROPERTY ' C L `fi' FORM o COMMENTS: THE s!}.,` C Note-, f you. do 'ec to the oral, please state your ��e on() for d��e object' t, ,t; in writin.m, Ari ob* ,, will not necessarily result in denial of the prc�jecL how,,,,,ever jection vallid complaintswill be i�"e,Ten full consideration during the pe i in etc"ou"'es _ Or,_-,yslone 41 U5 Zt' )utn,fl Road� P,�ilCi2hNC 760-' August 11,2014 Mr. Michael A. Sweet and wife Connie M. Sweet 104 W. Jules Vem Way Cary ,NC 27511 RE, Request for adjacent property owner comments Construction of six additional boat slips at the Eaton's Ferry Estates Park on Parkway Drive Lake Gaston, Warren County, North Carolina Dear Mr. and Mrs. Sweet, The Eaton's Ferry Estates Property Owners Association Board of Directors ("The Association") voted unanimously in a regularly scheduled meeting in June, 2014 to add six ( 6) additional boat slips in line (as a continuation of the existing boat slips) at the POA park on Parkway Drive. For your convenience in visualizing this proposal, we are enclosing the following attachments: 1) Copy of the color aerial photo -Warren County tax map 2) Copy of a color aerial photo showing the existing site conditions ( existing boat slips) and the proposed site conditions with the proposed new boat slips and dock highlighted in yellow. The proposal is to renovate the existing community dock to accommodate 2 boat slips and build two new docks 4 ft wide and 40 ft. long that will accommodate 2 boat slips at each dock for a total of 6 boat slips. A new community dock will be constructed as shown . All new construction will basically follow the same design and sizes of the existing boat slips. Anytime an Applicant proposes to add boat slips in a community where more than 10 already exist ( The Association has 14), the Federal Energy Regulatory Commission, ( FERC), requires the applicant to prepare an Environmental Assessment ( EA), and to notify you, the adjacent property owner, as part of the process. We ask that you provide written comments to us by August 20,2014. Your comments will be incorporated into the EA document that will be submitted to FERC in order to secure a Dominion land use permit, The EA will contain the review and assessment of the possible environmental impacts that could result from the addition of the 6 new boat slips. We are enclosing a comment sheet for you to complete and sign. I am enclosing a stamped, self- addressed envelope to return your responses to my attention. I may be reached at 919) 606-6407 or if you have any questions. I serve on the EFEPOA Board and I am assisting the Board with this project. Thank you for your assistance in this matter. ,-,-I' " /I w, nton, President f, C-3reystone Management, Inc. Attachments co. Mr. Bobby Johnson, President EFEPOA S / •f rpC, { c c lam the I have the following comments to make regarding the projectl I HAVE NO COMMENT ABOUT THE PROJEC COMMENTS: Adjacent Property OwnerSignature am Note. If you do abject to the proposal, please state your reason(s) for the obiection in writing. An objectionwill not necessary result in denial. o th e project, -111,10wever, valid complaints will be givenfull consideration during the and permittingprocess, ADJACENT PROPERTYOWNER'S ACKNOWLEDGEMENT FORM 11 111111111111111111111111111 !1111111q1!1 1111111111 11111111ir I X I HAVE NO COMMENT ABOUT THE PROJECI a ffm Note® If you do object to the proposal, please state your r eago- (Fg) for the okiection in writing. An objection will not necessarily e el in ddenial of the roje , however, valid complaints will be given full consideration duk in the and permitting process. �00�� I I III I II? I FIG R F 7 Legend o ao so Project Loca't'ion Existing Site Conditions Feet Dominion Shorefin " k Parc-ek,frorn Warren County, NC GIS Aug ust 5, 2014 FIGURE 8 Legend Project Location Dornnion Shorefine = Proposed Dock Locations Proposed Site Conditions EatctiV �,, zfw EF r% Warren County, North Carolina Fl, G TJ RIIE, 9 0 40 so Feet August 35, 2014 �p�����r �������K~� Assignment Procedures Eaton's � -------- Boat --m- - ----v� -- — 3-1-2012 Eaton's Ferry Estates Property Owners (EFEPOA.) has a limited number of boat slips available. An annual fee will be charged for the use of a slip. The following rules govern, the use of boat slips. ELIGIBLE LOTS: Any lot within EFEwhere mdock construction permit cannot boobtained from the appropriate lake authority oruvalid construction permit exists but the dock ianot ready tobe used. MEMBER IN GOOD STANDING: Any member whose EFEaccount (annual dues) are paid )nfull and no other action against them by EFE is active or pending who owns a boat or can show that they are in the process of procuring one. Personal Water (PW) craft qualify as boats for the slip lottery. PARK COMMISSIONER: Amember ufthe Board ofEFEP{JA.who oversees and enforces boat slip procedures, is responsible for running the Lottery, and reports directly to the BOO. t Only ELIGIBLE LOT owners may participate inthe boat slip lottery. 2. Each member in aood standinawill have only one entry no matter how many lots they may own. 3. All boat slips will be assigned for one year from April I through March 31. Notification of the annual Lottery date will be included with the January letter with the application form. It is the responsibility ofeach applicant tomake sure that their application has arrived ontime. 4- The Lottery will beheld 10AK8the first Saturday inMarch atthe Parkway Dr. boat ramp (rain location is the Eaton's Ferry Grill on 903) applicant member's presence is recommended but not required. All applicants will be notified of selections within 48 hours of the drawing 5. Assignment of boat slips will be done by a lottery drawing. The Drawing will be conducted by the Park Commissioner or their designate. All applicaUons will be shown to all those present at the drawing, prior to the lottery. As each name is drawn the member, if present, will select the boat slip oftheir choice. lfthe applicant ianot present that member will beassigned the lowest number slip still available in their drawn order after all present have selected. Names will be drawn until all 13regular boat slips have been assigned; all remaining names will badrawn and this will bethe waiting list 1fa boat slip becomes available, the next name onthe list will be offered that slip. 6. The boat Slips are the property of the EFEPOA. Re -assignment or sub -letting of an assigned boat will not be permitted. When a member sells, rents, or leases his/her property, the boat slip will revert tothe EFEpOA and immediately becomes available hathe next owner nnthe lottery waiting list. The swapping ofassigned boat slips hylottery winners imonly permitted after the Park Commissioner imnotified ofthe changes. 7. The boat slips are numbered and wh||b*assigned bythe numbers. The Park Commissioner will post a log of all assigned boat slips with the alternate waiting list on the bulletin board in the pork and arrange with the BOD website coordinator to have it posted on the EFEPOA website. 8. Boat Slip #12 is available at a reduced fee of $1215 for small craft or PW's and will be a separate drawing Jmore than one person checks the box for this slip. 9. Boat slip fees must be paid by April or the slips rightswili be forfeit and assigned to the first name onthe waiting list, Fees are not refundable. tO, Anyadditional third party cost assessment during yearDominion Power, will bethe responsibility ofthe a|ipowner for that year� 11. The member ingood standing awarded oslip shall berespon-sib|efor any darnagetothe boat slip or any other boat whether caused, bythemselves ortheir gueSts' AFFIDAVIT OF PUBLICATION SHERRY AGEE being first duly sworn, deposes STATE OF NORTH CAROLINA) :SS. COUNTY OF HALIFAX Public Notice Notification of a Public Meeting Baton's Ferry Estates Prop" Owners Association,( EFE- POA), proposes to add six additional boat slips along the shoreline at the EFE- POA Park on Parkway Drive. The improvements will consist of the follow- ing: (1) Reconfigure an existing communi- ty dock to accommo- date 2 boat slips, 11 ft. x 28 ft, (2) Construct 2 docks 4 ft x 40 ft. that will each accommodate 2 boat slips 11 ft, x 28 ft., and construct a new community dock measuring 5 ft, x 40 ft, with a 7 ft. x 10 ft right oriented -L' at the Lake end. The shoreline adjacent to the EFEPOA Park is owned by Dominion North Carolina power Company Which joint ly manages the Roanoke Rapids and Lake Gaston Hydropower project with Dominion Virginia Power, under Federal Energy Regulatory Permit number 2009. FERC requires that any existing multi -slip facility with mor,, than ten slips seek - Ing to expand that facility undergo an H 0 will conduct here tlz�-; prcpuseo project will be presented to allow the public to review and comment. This meeting will be held on Tuesday, September 16, 2014 at 10:00 AM at the Eaton's Ferry Grill, 1519 NC Highway 903 South, Littleton, NC 27850. EFEPOA and Greystone Management, Inc. will conduct an infor- mational briefing on the project The gen- eral public is invited to attend this meet- ing. Anyone wishing to submit written com- ments can do so at the meeting. by mail, or by email to joe- bud45@gmaii.com _6mtnents must be received in writing by 5:00 PM, October 1, 2014 at which time the comment file will; close Comments should include the Name and address of the commenter and a concise statement of the factual basis of the comments, Written comments should be sent to joe S. Johnson, Greystone Management, Inc - 4105 Southall Rd. Raleigh, NC 27604.Any quesuoiis regarding this rneet- mg can be addres8od to -1,;d45@gme, il,co 7: and says: That (he) (she) is the Agent to the Publisher of THE DAILY HERALD newspapers printed and published five days a week in the County of Halifax, State of North Carolina, and of general circulation in the cities of Roanoke Rapids, County of Halifax-, State of North Carolina and elsewhere, and thehereto PUBLIC NOTICE EATON'S FERRY MEETING was printed and published correctly in the regular and entire issue of said THE DAILY HERALD for 4ssues, that the first was made on the 7tk4ay of AUGUST 20 14 and the last publication thereof was made on the 7th day of AUGUST 20 14 that said publication 08/07/14 Request of GREYSTONE MANAGEMENT, INC By Subscibed sworn to before me tf[iis day of 7th AUGUST 20 4 tot. l -y IP`ublic ir, and for the a)unty of Halifax,State of Wh Carolina iRAY 'Corn�,riissiofn, Expire_Q�- PUJBLIG NOTICE NOTIFICATIO1,11 OF A PUBLIC MEETING Eaton's Ferry Estates Property Owners Association,( EFEPOA), proposes to add six additional boat slips along the shore- line at the EFEPOA Park on Parkway Drive. The improvements will consist of the following: (1) Reconfigure an existing community dock to accommodate 2 boat slips, 11 ft. x 28 ft, (2) Construct 2 docks 4 ft x 40 ft. that will each accommodate 2 boat slips 11 ft. x 28 ft., and construct a new community dock measuring 5 ft. x 40 ft. with a 7 ft. x 10 ft right oriented "L" at the Lake end. The shoreline adjacent to the EFEPOA Park is owned by Dominion North Carolina Power Company which jointly manages the Roanoke Rapids and Lake Gaston Hydropower project with Dominion Virginia Power, under Federal Energy Regulatory Permit number 2009. FERC requires that any existing multi -slip facility with more than ten slips seeking to expand that facility undergo an,environ- mental review as required under the Na- tional Environmental Policy Act ( NEPA), EFEPOA will conduct a public informa- tional meeting where the proposed project will be presented to allow the public to review and comment. This meeting will be held on Tuesday, September 16, 2014 at 10:00 AM at the Eaton's Ferry Grill, 1519 NC Highway 903 South, Littleton, NC 27850. EFEPOA and Greystone Manage- ment, Inc. will conduct an informational briefing on the project. The general public is invited to attend this meeting. Anyone wishing to submit written com- ments can do so at the meeting, by mail, I or by email to joebud45@gmaii.com. Comments must be received in writing by 5:00 PM,October 1, 2014 at which time the comment file will close. Comments should include the Name and address of the commenter and a concise statement of the factual basis of the comments. klAlritten comments should be sent to Joe S. Johnson, Greystone Management, Inc_ 4105 Southall Rd, Raleigh, NC 27604. Any questions regarding this meeting can be addressed to joebud45@gmaii.com. Before the undersigned, Jackie C. Halls, a Notary Public, duly commis- sioned, qualified, and authorized by law to administer oaths, personally ap- peared Della Rose, who being first duly sworn, deposes and says: that she is the Editor, engaged in the publishing of a newspaper known as the Lake Gaston Gazette -Observer, published issued and entered as second class mail in the City of Littleton, North Carolina, in Warren County, North Carolina: that she is authorized to make this affidavit and sworn statement: that the no- tice or other legal advertisement, a true copy of which is attached hereto, was published in the Lake Gaston Gazette -Observer, on the following dates: C) and that the said newspaper in which such notice, paper document or legal Z� advertisement was published was, at the time of each and every such pub- lication, a newspaper meeting all of the requirements and qualifications of section 1-597 of the General Statutes of North Carolina. 6 Della Rose Sworn to and subscribed before me, Jackie C. Halls, a Notary Public, in and for the County of Warren, by Della Rose, this: t71&Ja,,, J- Notification of a Public Meeting Eaton's Ferry Es- tates Property Owners Associa- tion, (EFEPOA), proposes to add six additional boat slips along the shoreline at the EFEPOA Park on Parkway Drive. The improve- ments will consist of the following: (1) Reconfigure an existing community dock to accommo- date 2 boat slips, 11 ft. x 28 ft, (2) Construct 2 docks 4 ft x 40 ft. that will each accommodate 2 boat -s ` * lips, 11 ft- x 28 ft, and construct a new community dock measuring 5 ft. x 40 ft. with a 7 ft. x 10 ft right oriented "L" at the Lake end. The shoreline ad- jacent to the EFE- POA Park is owned by Dominion North Carolina Power Company which jointly manages the Roanoke Rapids and Lake Gaston Hydropower proj- ect with Dominion Virginia Power, un- der Federal Energy Regulatory Per- mit number 2009. FERC requires that any existing multi - slip facility with more than ten slips seeking to expand that facility undergo an environmental review as required under the National Environmental Pol- icy Act (NEPA), EFEPOA will con- duct a public infor- mational meeting where the proposed project Will be pre- rented to allow the �1iWic to review _�Id COMMent. This on Tuesday, Sep- tember 16, 2014 at 10:00 AM at the Eaton's Ferry Grill, 1519 NC Highway 903 South, Littleton, NC 97850. EFE- POAand Greystone Management, Inc, will conduct an in- formational briefing on the project. The general public is in- vited to attend this meeting. Anyone wishing to submit written com- ments can do so at the meeting, by mail, or' by email to joebud45@gmail, com. Comments must be received in writing by 5:00 PM, October 1, 2014 at which time the com- ment file will close. Comments should include the name and address of the commenter and a concise statement of the factual basis of the comments. Written comments should be sent to Joe S. Johnson, Greystone Man- agement, Inc., 4105 Southall Rd. Raleigh, NC ,27604:--Arni ques- tions regarding this meeting can be addressed to Joebud45@gmail. com, (Pd. 816) Affidavit of Printer's Proof NOW 1, MARY LOU CHEEK, Office Manager of The Warren Record, a weekly newspaper publication in the town of Warrenton, Warren County, and state of North Carolina, do so solemnly swear that a legal action entitled: a-I—(:7 P— r A- ,Vd��'n a true copy of which is made a part of this affidavit, did appear in the said The Warren Record in the following consecutive issues: r". fl, '6—day of_&t_X_S+ 201, My commission expirts._,a 1 -�a __11— Tft, N J r Affidavit of Printer's Proof NOW 1, MARY LOU CHEEK, Office Manager of The Warren Record, a weekly newspaper publication in the town of Warrenton, Warren County, and state of North Carolina, do so solemnly swear that a legal action entitled: a-I—(:7 P— r A- ,Vd��'n a true copy of which is made a part of this affidavit, did appear in the said The Warren Record in the following consecutive issues: r". fl, '6—day of_&t_X_S+ 201, My commission expirts._,a 1 -�a __11— & 3) it �, � �� � � Operations Plan For Eaton's Ferry Estates Park Boat Slips August 2014 Vegetation and Shoreline Management 1. The existing vegetation along the shoreline and within the Project Boundary will not be disturbed during or post construction and will remain intact. The 15-20 foot centipede grass that currently extends from the bulkhead/ rip -rapped shoreline to the adjacent EFEPOA property line will be maintained neatly as it has for the past 36 plus years. 2. The EFEPOA has a park chairman on it's board of directors who routinely visits the Park to observe and note any items that require correction which include , but are not limited to : dock and boat slip maintenance, boat ramp maintenance, bulkhead and rip -rap condition, grass and tree conditions, cleanliness of seasonal portable toilet, operation of entrance gate, and condition of playground equipment. 3. The EFEPOA hires a landscape maintenance company ( The Company), to inspect and mow the grass areas of the Park and the Dominion owned land adjacent to the Park on a regular weekly schedule during the active growing seasons. In addition, the Company removes limbs and other debris from the park on an as needed basis to keep the Park in a safe and clean condition. No trees at the Park are within the Project Boundary owned by Dominion. Water Quality Protection Measures 1. Applicant will immediately implement applicable sediment and erosion control measures prior to land disturbing activities should they occur. As discussed numerous times in this EA, the proposed construction of the six addition boat slips and the swim dock will not require any land to be disturbed on Dominion owned land or adjacent EFEPOA owned land. 2. EFEPOA / Applicant will notify Dominion of any activity where there is the opportunity for erosion and sedimentation. 3. No boat maintenance will be allowed at either the proposed new docks/slips or the existing docks/slips that would potentially release petroleum products or other chemicals into the lake. Safety and Navigation 1. Dock/ Boat slip structures will be inspected regularly and maintenance performed as required to keep the structures clean and safe. 2.. The docks/ boat slips shall conform to the Dominion CUP requirements to include, but not limited to 2" white reflectors on each dock. The EFEPOA currently maintains two security type lights mounted on 20 ft. poles to provide adequate light for the park area and the areas near the boat docks/slips and boat launch ramp.. These lights have been in use for over 20 plus years and have not been a danger to night time navigation in the cove where the boat slips are located. In fact, there presence has been beneficial to those entering or leaving boat slips during late evening hours. 3. Boating safety signage is posted around the perimeter of the Park to remind boaters of common rules and safety for boating operations.