Loading...
HomeMy WebLinkAbout20180189 Ver 1_401 Application_20180218�•� DUKE ENERGY. PROGRESS February 5, 2018 Mr. Thomas Charles US Army Corps of Engineers Wilmington Regulatory District 69 Darlington Avenue Wilmington, NC 28403 FEB v `J 2t�18 Ms. Karen Higgins N.C. Division of Water Resources and 401 and Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Duke Energy Progress, Proposed Harlowe 230kV Substation and 230kV Transmission Line (within substation property boundary) Pre -Construction Notification Form NWP 18 Water Quality Certification No. 4086 410 S. Wilmington Street NCO2 Raleigh, NC 27601 Mailing Address: PO Box 1551 Raleigh, NC 27602 o: 919.546.6123 f: 919.546.7175 Duke Energy Progress (DEP) is governed by the North Carolina Utilities Commission (and in South Carolina by the Public Service Commission), and is expected to provide electrical service to meet the existing and expanding needs within its designated services area. As per conversations between DEP and the Wilmington Field Office, DEP is submitting a PCN and supporting information for the proposed Harlowe Substation and the portion of the new 230kV transmission line that occurs inside the substation property boundary. The project also triggers Pre -Construction Notification requirement for the corresponding NCDEQ Water Quality Certification No. 4086 due to 0.03 acre permanent impacts to wetlands resulting from the substation footprint. Purpose/Need In order to continue providing reliable electric service to customers in the Eastern North Carolina Region, DEP proposed to design, build, and operate a new 230kV substation in the Harlowe area of Carteret County. The new substation will be constructed in line with the proposed Newport Switching Station and the 6.5 -mile new transmission line required to meet the electrical reliability standards set by the North American Electric Reliability Corporations (NERC)/Federal Energy Regulatory Commission (FERC) and increase the capacity and meet electrical demands. Proiect Scope Harlowe Substation The proposed Newport 230kV switching station will be located off Highway 101 (34.82015, -76.74135). The existing site conditions consist of forested uplands and wetlands and successional land that lies inside an existing powerline easement. Silviculture has been practiced on the land for many years. The property is approximately 70 acres, but the project site will encompass approximately 10 acres. The site is located in the White Oak basin; HUC 03020301. The site drains towards Harlowe Creek, which has a Best Usage Classification of Class SA; HQW. 230kV Line The new transmission line project begins at the proposed Newport Switching Station (34.82537, - 76.85473) and parallels the existing Havelock — Morehead Wildwood 230kV transmission line for approximately 1.5 miles before separating. After separating from the existing parallel transmission line, the new transmission line right-of-way (ROW) runs generally east/northeast for approximately 5 miles before reaching a point near proposed structure 56 (34.820, -76.743) where it meets the boundary for the proposed Harlowe 230kV Substation. Approximately 500 feet of the transmission line will occur inside the Harlowe 230kV Substation property. The initial 1.5 -miles of the proposed line will have a ROW width of approximately 75 feet due to the adjacent, parallel line. The remaining approximately 5.0 miles will have a ROW width of approximately 125 feet. A 62.5 -foot danger tree zone will be located on each side of the ROW where selective clearing will occur to remove trees that pose a danger to the proposed transmission line. Environmental Concerns Jurisdictional Areas Environmental Services, Inc. (ESI) conducted a jurisdictional delineation of the proposed Harlowe 230kV Substation parcel and it was approved via a preliminary jurisdictional determination (SAW# 2017-00169) The transmission line was reviewed by USACE on 9/7/2017; however, the AID# has not been provided by USACE at the time of this submittal. DEP has used the approved delineations to avoid and minimize permanent wetland impacts associated with the switching station and line. ESI delineated approximately 50 acres of wetlands inside the Harlowe 230kV Substation site. Substation Impacts The Harlowe 230kV Substation will impact 0.03 acre of jurisdictional pine flat because of the substation pad. An additional 0.01 acre of a jurisdictional ditch bottom (100' long x 3' wide) will also be impacted because of the necessary footprint. As a result, permanent impacts are limited to 0.04 acre of waters of the United States, including wetlands. Transmission Line Impacts The approximately 500 feet of proposed transmission line that will occur on the substation property will require 2.4 acres of hand clearing inside wetlands. No regulated discharge will result from the right-of- way clearing and all work inside wetlands will be performed from mats to avoid disturbance to the ground surface. No root raking or stumping will occur. There will be instances where structures will have to be placed inside wetlands. However, they will be installed via vibratory caisson resulting in no temporary or permanent impact. Avoidance and Minimization Efforts DEP minimized the impacts to the Harlowe site by siting the footprint in the largest area of uplands occurring on the property. Engineers then minimized the footprint as much as possible to reduce unavoidable wetlands/waters impacts. The DEP clearing and construction specifications discussed in later sections are implemented to avoid and minimize impacts to wetland/streams, and other sensitive areas. Federally Protected Species PCN — Harlowe 230kV Substation Species with the federal classifications of Endangered (E), Threatened (T) or Proposed (P) are protected under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). The U.S. Fish and Wildlife Service (USFWS) lists fourteen (14) species for Carteret County as of March 25, 2015. National Marine Fisheries Service (NMFS) also lists one (1) fish species under the ESA. These species include: American alligator, Atlantic sturgeon, shortnose sturgeon, green sea turtle, hawksbill sea turtle, Kemps ridley sea turtle, leatherback sea turtle, loggerhead sea turtle, piping plover, red -cockaded woodpecker (RCW), red knot, roseate tern, West Indian manatee, rough -leaved loosestrife, and seabeach amaranth. ESI conducted habitat assessments on the Harlowe 230kV Substation parcel and concluded that there is no habitat present suitable for any of the threatened or endangered species listed for Carteret County. Cultural Resources SHPO provided official comments on the project to DEP in a letter dated September 11, 2017. This letter is attached. SHPO had no comments on the Harlowe substation site. Erosion Control Plan DEP will prepare and submit separate erosion control, clearing, grading, and access plans for the substation parcel and the transmission line. County Floodplain Permits Carteret County requires flood plain certificate for work new control building being placed on the substation property. DEP will submit all appropriate floodplain information to Carteret County for review and concurrence prior to commencing work. Standard Line Clearing/Construction Procedures and Specifications DEP will follow its internal specifications for line clearing and construction. These specifications are incorporated into our vendor contracts. DEP will hold pre-bid and pre-clearing/construction meetings with vendors, to ensure awareness of these requirements. The procedures that minimize the environmental impacts for the line construction area described below. Prior to clearing/construction, DEP conducts environmental surveys to identity the location and extent of jurisdictional areas, applicability of required riparian buffer rules, and the presence/absences of federally protected species. This aspect of the project has been completed by ESI. DEP also conducts a preliminary archaeological site review with the SHPO and OSA. Environmentally and archaeologically sensitive areas are shown on project drawings and provided to contractors and inspectors. This aspect of the project is ongoing. Clearing/construction projects are required to follow approved sediment and erosion control methods. All sediment must be contained onsite and kept out of streams and wetlands. Necessary land disturbing activities will comply with all appropriate regulations. All projects with more than 1 acre of disturbance obtain an approved sediment and erosion control plan. DEP has developed internal "buffers" and "sensitive areas" that require measures to protect these areas and help prevent ground disturbance. These measures include additional riparian buffers (on non- regulated streams) and buffers on all wetlands. These buffers require the use of commercially made mats and/or use of low pressure ground equipment (such as flex track or float track vehicles), as needed, to avoid impacts to the root -mat while working environmentally sensitive areas and archaeological sites. DEP's ROW clearing is designed to avoid and minimize impacts. DEP clearing specifications avoid mechanized (stumping, grading, grubbing or root -raking) clearing in wetlands, wetland/stream buffers, PCN — Harlowe 230kV Substation and sensitive areas. All equipment working in wetlands must be on commercially made matting and/or approved low pressure ground equipment to avoid and minimize impacts to the root -mat. DEP's ROW line construction process is designed to avoid and minimize impacts. For instance, DEP does not change the topography of the ROW unless construction pads or access roads are needed. Under new construction, placement of structures in wetlands is avoided, to the extent possible. To the extent possible, the structures placed in wetlands will be a vibratory caisson (hollow steel pipe). These structures are vibrated into the substrate without any excavation, and the transmission structure are slip - jointed onto the exposed end of the caisson. Depending on soil conditions, some of the structures placed in wetlands will be "direct -embedded" (placed in an augured hole and backfilled with native material with no foundation material, such as concrete, added. Excess soil from the augured holes will be placed on matting, taken to uplands areas and stabilized. These methods result in no regulated discharge pursuant to Section 404 of the CWA. During line construction, DEP attempts to avoid crossing wetlands and streams with equipment. Should crossing be unavoidable, DEP utilizes commercial matting or low-pressure ground equipment to cross wetlands/buffers and temporary bridges to cross streams. Engineer drawings depicting these mats and bridges are included with this submittal. There are no discharges associated with the mats and bridging material. Bridges and matting are removed upon completion of the work. Low ground pressure equipment may be used in a wetland to construct transmission line structures if the equipment does not cause rutting, does not interrupt the natural flow of water, and does not disturb the root -mat in the wetlands. If low ground pressure vehicles are not available to the contractor or should the low ground pressure equipment cause rutting or disturb root -mat then DEP requires that the equipment be on commercially made mats while working in wetlands and/or buffers. Stringing the conductor and overhead ground wire (top static wire) will require temporary guard structures to hold the wire above any road crossings, stream crossings, and distribution line crossings. These guard structures will be installed in a manner consistent with the transmission line structures installation and will utilize erosion control measures to contain all sediment within the ROW. During construction, DEP identifies project -specific environmental and health and safety inspectors to oversee contractor performance. Additionally, DEP's central office staff work with field inspectors, project managers, and permitting staff to evaluate and ensure compliance. DEP has used the above process to construction transmission line over many years, has reviewed the process with the USACE on a regular basis, and in several instances, has asked the USACE to visit a project under construction to confirm that the project and construction methods, as described above are a non-regulated activity resulting in no regulated discharge under Section 404 of the CWA. We have enclosed the following in the application packet: 1. Pre -Construction Notification with supplemental information 2. PJD approval for Harlowe Substation 3. SHPO letter 4. Substation site plan with impacts quantified 5. Engineered drawings Should you or others of the USACE, Wilmington Regulatory Office staff wish to visit this project, please contact Ms. Gail Tyner (line) with Transmission Siting, Permitting and PCN — Harlowe 230kV Substation Engagement at 919-546-2974 / gail.tynerAduke-energy or Peter Sokalski with Substation Engineering at 919-546-6123 / peter.sokalskigduke-ener .com. Sincerely, Peter Sokalski, PE Duke Energy Progress, Transmission Substation Engineering peter.sokalski@duke-energy.com PCN — Harlowe DOW Substation o�0F W ATfiRQG Page 1 of 10 PCN Form —Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. 0 Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Harlowe 230kV Substation 2b. County: Carteret 2c. Nearest municipality / town: Harlowe 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: Duke Energy Progress, Inc. 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 550 South Tryon Street 3e. City, state, zip: Charlotte, NC 28202 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form —Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: Rodney Hutcherson, PE 4c. Business name (if applicable): Duke Energy Progress 4d. Street address: 410 S. Wilmington Street 4e. City, state, zip: Raleigh, NC 27601 4f. Telephone no.: 4g. Fax no.: 4h. Email address: rodney.hutcherson@duke-energy.com 5. Agent/Consultant Information (if applicable) 5a. Name: Jeff Harbour 5b. Business name (if applicable): Environmental Services, Inc. 5c. Street address: 4901 Trademark Drive 5d. City, state, zip: Raleigh, NC 27610 5e. Telephone no.: 919-212-1760 5f. Fax no.: 5g. Email address: jharbour@esinc.cc Page 2 of 10 B. Project Information and Prior Project History See attachment for additional information 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1637902775293000 1b. Site coordinates (in decimal degrees): ILatitude: 34.82015 Longitude: -76.74135 1c. Property size: 70 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Harlowe Creek 2b. Water Quality Classification of nearest receiving water: SA; HQW 2c. River basin: HUC 03020301 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Undeveloped land comprised of pine flatwoods, silviculture, and maintained easements. Land use is primarily rural with agriculture and silviculture areas dominating the landscape. 3b. List the total estimated acreage of all existing wetlands on the property: 50 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: see attached document 3e. Describe the overall project in detail, including the type of equipment to be used: see attached document 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall riot phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: for Harlowe Substation 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Robert Turnbull Agency/Consultant Company: ESI Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW -2017-00169 issued for the Harlowe 230kV Substation by Thomas Charles 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes ❑x No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Pians 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form —Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary W1 P Fill Pine Flat Yes Corps 0.03 W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No i - i 2g. Total Wetland Impacts: 1 0.03 2h. Comments: Photos of wetland permanent wetland impact area are included with this PCN. 2.4 acres of wetlands will be hand Geared to accommodate the incoming transmission line. This hand Gearing is considered a non -404 regulated activity and does not result in any regulated discharge. All work is performed from mats and no mechanized Gearing inside wetlands will occur. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 P Fill NA ditch Corps 3 100 S2 - Choose one - S3 - Choose one - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - 3h. Total stream and tributary impacts 100 3i. Comments: 0.01 acre of impact to this man-made ditch that is being considered a WOTUS by USACE. Photos of this ditch are included with this PCN. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water im acts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 Choose one Choose O2 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 0 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. 5e. Stream Impacts (feet) Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number— Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Project is located int he White Oak basin based on the NCDEQ Surface Water Classifications GIS viewer. hftp://ncdenr.maps.arcgis.com Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See attached for details on avoidance and minimization measures 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All applicable ESC measures will be used during the construction process. The site design has avoided the vast majority of the onsite wetlands and has minimized the unavoidable impacts as much as possible based on the required components of the project site. All clearing inside wetlands for the incoming transmission line will be done by hand and any equipment will be on mats to prevent ground disturbance. See attached for more details on the construction techniques. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ❑X No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form —Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes QX No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 11.9% 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The site is within 0.5 mile of SA waters. The project is considered low-density because the overall percent imperviousness is under 12%, the threshold for high-density for this site. An application for a low-density stormwater management permit will be submitted to NC DEQ. Runoff will leave the proposed built-upon area (BUA) via sheet flow and enter existing swales or leave the site via sheet flow. No new swales are proposed for the site. The proposed BUA is composed of compacted ABC on the shoulders of the proposed substation and on a proposed access drive. No BUA is proposed within 50' of surface water. 2e. Who will be responsible for the review of the Stormwater Management Plan? NC DEQ - Wilmington Region 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Carteret County ❑ Phase II ❑ NSW 3b. Which of the following locally-implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review [@Coastal counties NHQW 4a. Which of the following state-implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes Q No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Q Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? Q Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑x No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval Yes E] No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The project will not generate wastewater Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or 0 Yes ❑ No habitat? ' 5b. Have you checked with the USFWS concerning Endangered Species Act Yes ❑ No Impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? ESI has utilized NCNHP data and has conducted a detailed habitat assessment of the entire project site. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes Q No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? EFH Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes Q No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would Impact historic or archeological resources? SHPO letter received 9/11/2017 Indicates that SHPO has no comment on the Harlowe Substation site (leder attached). A small cemetery occurs an the property, but is well outside the limits of any potential construction activities. 8. Flood Zone Designation (Corps Requirement) 8a. WIN this project occur in a FEMA-designated 100-year floodplain? ® Yes ❑ No i 8b. If yes, explain how project meets FEMA requirements: Portions of the property are within the 100-year floodplain; however, no fill material of construction will be occurring inside the 100-year floodplain. 8c. What source(s) did you use to make the floodplain determination? NC Floodmaps VR�Nl�ttRR'�t ApplicanUAgerifs Printed Name pli nt/Agent's Signature Date (Agenrs tura is valid only If an authorization lett from the applicant is provided. Page 10 of 10 1 1 1 HIO •1 �-• a F 1 iiiFFF f s ,r;�,.• I 1 I r) 0 r a px;� �z r T aiM wJ Y A - ... I j J y \\ � I 1 1• _y 1 It i+r y`1 l I 1 •'F ) � r N Chi CD ' X O_. i ,� , is • a 0. / ✓ t t 1R^' r , Cr , 1. �•l.•! - e Y " ±mow+•. w \t� s` . •OM1., v _ .. ..� ,�: �' �.. w. t L• o. Mme`. Source: 2011 National Geographic Societ /ESRI, i -cubed seamless USGS quadrangles Y q 9 �� �� ��� 1 f (Newport, NC); Project Study Area approximated by ESI. ENERGYd White oak/onisow Bay Basin'r • EMIRONMEN"CAL SERVICES, INC. 4901 Trademark Drive Raleigh, North Carolina 27610 (919)212-1760 (919)212-1707 Fax www envunnmentelserncesmc com P\GeoGra\Prolec1a1201S101u,64\GISIPeinin_tuUurnxd Dale 12012017821.26AM Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. Project Location Newport - Harlowe 230kV Transmission Line Croatian National Forest Biological Evaluation Carteret County, North Carolina Project: ER15010.64 Date: Nov 2017 Drwn/Chkd: LJ/MS Figure: 1 LEGEND, HAND -CLEARING TABLE HAND -CLEARING IN LIMITS OF DISTURBANCE .r y y . NEW TREE LINEICLEARING LIMITS ACTIVIT1� CLEAR AND GRUB (GRADING LIMITS) AND GRUB ®CLEAR (WETLANDS) CLEAR (NO GRUB) LLu-LL ® (WEHANTLANDS)D (NO LAND DISTURBANCE) TREE ZONE - HAND CUT (NO GRUB) ®DANGER (WETLANDS) (NO LAND DISTURBANCE) CLEAR (NO GRUB) ©_ (NO LAND DISTURBANCE) • WETLAND BUFFER 0.13 ACRES OF HAND CLEARING _ 30' EPHEMERAL ' -_ \. . >hY� �' _ / = - - . �\ , -Y� _- � .-..a == —= WETLANDS ' �,s' xy .,... (EP) DTE jAM BUFFER (NON -404 ACTIVITY) _-- ':�•• -- �\,\ ,4t .\'� ,r.'. �. -"�` / Jam`. `,\`� � V v 0.03 ACRES OF PERMANENT WETLAND IMPACTS• '{{ �/ __¢ ..::°• __=,. ' ... . . 15 CPP 0.05 ACREVJ� S — r - •• ! f -� / / \ OF HAND CLEARING '` .•i(� < - _ — .-- L f WETLANDS - � -- , , '� �''f , � LLLL "1 (NON -404 ACTIVITY) ) 0, — LLL L 0.73 ACRE OF HAND CLEARING ' LLLLL�LL L L LL ALL rf I L WETLANDSL 1 a L L = •s.= (NON -404 ACTIVITY) r . L LLLLL ,LLol ' .L LL LL LL LL _ LLL rLLL2 L L L LLL LL LL LLLLLLfLLLt L _ L L ► / LLL LL L L — •I. J LLI�LLL�L LLLLLL(- — L �LL�LL�L LI�LLLLLLLLrL L LLL�L LULLLLLLLLLLLiL iLLL L� L LL LL L LLL—LL,�L LLL i / _ 75' CAMA WETLAND LLt_L LLL/L LLLL U�� •% • BUFFER / fLLL •: LL LLrLLL v �'�� J _ ':3%• r. a > y.. f 3t LUj� LL+•' •• ' 0.02 ACRES OF HAND CLEARING L 20' JURISDICTIONAL _ ..•% , . WETLANDS (NON -404 ACTIVITY) f WETLAND BUFFER (DEP) HORIZONTAL 0.01 ACRES OF PERMANENT - _ t -" \ 1 GRAPHIC SCALE ` WETLAND IMPACTS- I .; '� `, _ � j too o so >loo zoo i + y 1IT 1\ FEET y�EET ) r / r /' — �.; % l i / f' ✓ t 1 inch = 100 it. DATE TITLE SHEET N0. DUKE Dewberry' WETLAND IMPACT EXHIBIT ENERGY. Dewberry Engineers Inc. 11/28/17 PROGRESS 28ITE410 FF ROAD PROJ. NO. PROJECT EX -1 470 G 410 $OU IL11,09m s>�RPHALOEWK-K E r RALEIGH. NC 27007 HARLOWE 230KV PHONE: 979.001.9939 H9 .B#Fn DC -72074 NEW SUBSTATION X f. �. f1.47 ACRES OF HAND CLEARING VWETLANDS (NON -404 ACTIVITY) f{ 1 f f ft HAND -CLEARING TABLE HAND -CLEARING IN TOTALAREA WETLANDS(NON-04 2.40AC ACTIVIT1� 0.04 ACRES 0.13 ACRES OF HAND CLEARING _ 30' EPHEMERAL ' -_ \. . >hY� �' _ / = - - . �\ , -Y� _- � .-..a == —= WETLANDS ' �,s' xy .,... (EP) DTE jAM BUFFER (NON -404 ACTIVITY) _-- ':�•• -- �\,\ ,4t .\'� ,r.'. �. -"�` / Jam`. `,\`� � V v 0.03 ACRES OF PERMANENT WETLAND IMPACTS• '{{ �/ __¢ ..::°• __=,. ' ... . . 15 CPP 0.05 ACREVJ� S — r - •• ! f -� / / \ OF HAND CLEARING '` .•i(� < - _ — .-- L f WETLANDS - � -- , , '� �''f , � LLLL "1 (NON -404 ACTIVITY) ) 0, — LLL L 0.73 ACRE OF HAND CLEARING ' LLLLL�LL L L LL ALL rf I L WETLANDSL 1 a L L = •s.= (NON -404 ACTIVITY) r . L LLLLL ,LLol ' .L LL LL LL LL _ LLL rLLL2 L L L LLL LL LL LLLLLLfLLLt L _ L L ► / LLL LL L L — •I. J LLI�LLL�L LLLLLL(- — L �LL�LL�L LI�LLLLLLLLrL L LLL�L LULLLLLLLLLLLiL iLLL L� L LL LL L LLL—LL,�L LLL i / _ 75' CAMA WETLAND LLt_L LLL/L LLLL U�� •% • BUFFER / fLLL •: LL LLrLLL v �'�� J _ ':3%• r. a > y.. f 3t LUj� LL+•' •• ' 0.02 ACRES OF HAND CLEARING L 20' JURISDICTIONAL _ ..•% , . WETLANDS (NON -404 ACTIVITY) f WETLAND BUFFER (DEP) HORIZONTAL 0.01 ACRES OF PERMANENT - _ t -" \ 1 GRAPHIC SCALE ` WETLAND IMPACTS- I .; '� `, _ � j too o so >loo zoo i + y 1IT 1\ FEET y�EET ) r / r /' — �.; % l i / f' ✓ t 1 inch = 100 it. DATE TITLE SHEET N0. DUKE Dewberry' WETLAND IMPACT EXHIBIT ENERGY. Dewberry Engineers Inc. 11/28/17 PROGRESS 28ITE410 FF ROAD PROJ. NO. PROJECT EX -1 470 G 410 $OU IL11,09m s>�RPHALOEWK-K E r RALEIGH. NC 27007 HARLOWE 230KV PHONE: 979.001.9939 H9 .B#Fn DC -72074 NEW SUBSTATION X f. �. f1.47 ACRES OF HAND CLEARING VWETLANDS (NON -404 ACTIVITY) f{ 1 f f ft IMPACTS TABLE IMPACT TIDE TOTALAREA TOTALPERMANENT WETLANDSIWOUS 0.04 ACRES x /' t r '�siti 4� �'f 4 its4 ♦. �' 1 ,. � � F ?QST ,e y • �. � � M _ � J �� - } Harlowe Substation Ditch Impact Area Ulmt, � 1 } iii ,,fir � s w i��s. _ tii.1l✓�r�3;uL:.. 1. A� o .. _ t,;:.. Harlowe Substation Ditch Impact Area o. sTA7Z o North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. liartos, Administrator Governor Roy Cooper Sccrctary Susi 11. natnilton September 11, 2017 Office of .\rchiecs and 1listory Deputy Secretary Kevin Cherry Peter Sokalski petcnsokalski( duke-energy.com Duke Energy Progress P.O. Box 1551 Raleigh, NC 27602 Re: Alternative Harlowe Substation, Carteret County, ER 17-1521 Dear Mr. Sokalski: Thank you for your letter of August 8, 2017, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or renee.gledhill-earley@ncdcr.gov. In all future communication concerning this project, please cite the above -referenced tracking number. Sincerely, qat"- —wit Samona M. Bartos Location: 111'1) Gast Joncs Street, Raleigh M'"277611,11 Mailing Address: 461' 'Mail Service Center, Raleigh \C: 27699-4617 Telephone/Fax: (419) W-65-0/807-6599 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2017-00169 County: Carteret U.S.G.S. Quad: Harlowe, NC NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Duke Energy Progress 410 South Wilmington Street Raleieh, NC 27601 919-546-2235 Agent: Environmental Services Inc Robert Tumbull 4901 Trademark Dr Raleieh, NC 27610 919-212-1760 Size (acres) 70 Nearest Waterway Harlowe Creek USGS HUC 03020301 Nearest Town Harlowe River Basin Neuse -Pamlico Coordinates Latitude: 34.82015 N Longitude: -76.74135 W Location description: NC Hwy 101 Harlowe, NC, Carteret County. Parcel is southwest of intersection of NC 101 and SR 1155 (Old Wineberry Rd) Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Rachel Caoito at (910)-2514487 or Rachel.A.Cauito(a)usace.armv.mil C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and The Atlantic and Gulf Coastal Plain Regional Supplement to the 1987 Wetland Delineation Manual. Site visit by Thomas Charles and Rachel Capito 1/27/2017. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. Ifyou object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM 15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by July 14, 2017 **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/VV=136:4:0. Path. P ZGraT,c4ects1201S010t491GISTiig_ACOE mxd Date 11292G16 10.06.26 AM �u�a �/101Y i�Y R United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 DateAly 311 2017 Self -Certification Letter Project Name A temative Hadowe Substation Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190,42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or F] "may affect, not likely to adversely affect" determinations for proposed/listcd species and/or proposed/designated critical habitat; and/or "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; V✓ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/mleigh/pp.htmi. If you have any questions, you can write to us at Raleigh(�fws.gov or please contact Leigh Mann of this office at 919-855-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office 74 -- Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2017-SLI-0807 Event Code: 04EN2000-2017-E-01947 Project Name: Alternative Harlowe Substation July 31, 2017 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the E species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergyn for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http•//www fws gov/migratolZ birds/`CurrentBirdlssues/Hazards/towers/comtow,html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. P 10 T 31. 20 1 Attachment(s): ■ Official Species List 07/31,!O17 C., 'K,- t 7_ ,t,);I Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 Project Summary Consultation Code: 04EN2000-2017-SLI-0807 Event Code: 04EN2000-2017-E-01947 Project Name: Alternative Harlowe Substation Project Type: TRANSMISSION LINE Project Description: Proposed Substation in Carteret County, NC Project Location: Approximate location of the project can be viewed in Google Maps: https•//wwwgoogle com/maps/place/34 81885917469275N76,74152838018497W Counties: Carteret, NC Endangered Species Act Species There is a total of 15 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. Mammals NAME STATUS West Indian Manatee Trichechus manatus Threatened There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4469 Birds NAME STATUS Piping Plover Charadrius melodus Threatened Population: except Great Lakes watershed There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: haps://ecos.fws.gs v> /ecp/species/6039 Red Knot Calidris canutus rufa Threatened No critical habitat has been designated for this species. Species profile: htips://ecos.fws.goy/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: hnpsa/ecos.fws.gov/ecp/soeci� es/7614 Roseate Tem Sterna dougallii dougallii Endangered Population: northeast U.S. nesting pop. No critical habitat has been designated for this species. Species profile: https://e� cos.fws.gov/ecp/species/2083 Reptiles NAME American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: hilps://ecos.Avs.gov/ecp/species/776 Green Sea Turtle Chelonia mydas Population: North Atlantic DPS No critical habitat has been designated for this species. Species profile: htttps://ecos.fws.goy/ecp/species/6199 STATUS Similarity of Appearance (Threatened) Threatened Hawksbill Sea Turtle Eretmochelys imbricata Endangered There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/3656 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: https:Hecos.Ays.goy/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: haps:Hecos.fws.goy/ecp/species/1110 Fishes NAME STATUS Atlantic Sturgeon Acipenser oxyrinchus oxyrinchus Endangered Population: Carolina DPS No critical habitat has been designated for this species. Species profile: haps://ecos.fws.gov/ecp/species/3252 Shortnose Sturgeon Acipenser brevirostrum Endangered No critical habitat has been designated for this species. Species profile: hht ps:Hecos.fws.goy/ecp/species/6635 Flowering Plants NAME STATUS Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: hno-//ecos.Ays.gov/ecp/anecies/2747 Seabeach Amaranth Amaranthus pumilus Threatened No critical habitat has been designated for this species. Species profile: buM://ecos.fws.gov/ p/species/8549 Critical habitats There are no critical habitats within your project area under this office's jurisdiction. Species Conclusions Table Project Name: Alternative Harlowe Substation Date: July 31, 2017 Species / Resource Conclusion ESA Section 7 / Eagle Act Notes /Documentation Name Determination American alligator — Alligator Species Not Present No Effect mississippiensi s Atlantic sturgeon- No suitable habitat Habitat assessment indicates no Acipemser oxyrinchus present No Effect potential habitat present oxyrinchus Green sea turtle- No suitable habitat No Effect Habitat assessment indicates no Chelonia mydas present potential habitat present Hawksbill sea turtle- No suitable habitat No Effect Habitat assessment indicates no Eretmochelys imbricata present potential habitat present Kemp's ridley sea turtle- No suitable habitat No Effect Habitat assessment indicates no Lepidochelys kempii present potential habitat present Leatherback sea turtle- No suitable habitat No Effect Habitat assessment indicates no Dermochelys coriacea present potential habitat present Loggerhead sea turtle- No suitable habitat No Effect Habitat assessment indicates no Caretta caretta present potential habitat present Piping plover— No suitable habitat No Effect Habitat assessment indicates no Charadrius melodus present potential habitat present Red -cockaded No suitable habitat Habitat assessment indicates no woodpecker- present No Effect potential habitat present Picoides borealis Red Knot- No suitable habitat No Effect Habitat assessment indicates no Calidris canutus rufa present potential habitat present Roseate tern- Sterna dougallii No suitable habitat No Effect Habitat assessment indicates no present potential habitat present dou allii Shortnose sturgeon- No suitable habitat No Effect Habitat assessment indicates no Acipenser brevirostrum present potential habitat present West Indian manatee- No suitable habitat No Effect Habitat assessment indicates no Trichechus manatus present potential habitat present Rough-leaved loosestrife- No suitable habitat No Effect Habitat assessment indicates no Lysimachia present potential habitat present as erulae olia Seabeach amaranth- No suitable habitat No Effect Habitat assessment indicates no Amaranthus pumilus present potential habitat present Bald Eagle- Unlikely to disturb Haliaeetus nesting bald eagles No Eagle Act Permit Required No nests observed while on site leucoce hahis Critical Habitat No critical habitat No effect present Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Signature /Title Date ' E — Endangered, T — Threatened, T (S/A) — Threatened due to Similarity of Appearance American alligator — In North Carolina, alligators have been recorded in nearly every coastal county, and many inland counties to the fall line. The alligator is found in rivers, streams, canals, lakes, swamps, and coastal marshes. Adult animals are highly tolerant of salt water, but the young are apparently more sensitive, with salinities greater than 5 parts per thousand considered harmful. The American alligator remains on the protected species list due to its similarity in appearance to the Endangered American crocodile (Crocodylus acutzts) (USFWS 2016a). Federal Potential Habitat Biological Common Name Scientific name Status' Present Conclusion American alligator Alligator mississippiensis T (S A) N Not Required Atlantic sturgeon Acipemser oxyrinchus oxyrinchus E N No Effect Green sea turtle Chelonia mydas T N No Effect Hawksbill sea turtle Eretmochelys imbricata E N No Effect Kemp's ridley sea Lepidochelys kempii E N No Effect turtle Leatherback sea Dermochelys coriacea E N No Effect turtle Loggerhead sea Caretta caretta T N No Effect turtle Piping plover Charadrius melodus T N No Effect Red -cockaded Picoides borealis E N No Effect woodpecker Red Knot Calidris canutus rufa T N No Effect Roseate tern Sterna dougallii dougallii T N No Effect Shortnose sturgeon Acipenser brevirostrum E N No Effect West Indian Trichechus manatus E N No Effect manatee Rough -leaved Lysimachia asperulaefolia E N No Effect loosestrife Seabeach amaranth Amaranthus pumilus T N No Effect ' E — Endangered, T — Threatened, T (S/A) — Threatened due to Similarity of Appearance American alligator — In North Carolina, alligators have been recorded in nearly every coastal county, and many inland counties to the fall line. The alligator is found in rivers, streams, canals, lakes, swamps, and coastal marshes. Adult animals are highly tolerant of salt water, but the young are apparently more sensitive, with salinities greater than 5 parts per thousand considered harmful. The American alligator remains on the protected species list due to its similarity in appearance to the Endangered American crocodile (Crocodylus acutzts) (USFWS 2016a). Habitat Present: No Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. Potential habitat for American alligator does not occur in the study area. NCNHP data from October 2016 indicates no occurrences of the American alligator within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: Not Required Atlantic sturgeon — Atlantic sturgeon are large fish that can reach 14 feet in length that occur in major river systems along the eastern seaboard of the United States. The species prefers the near shore marine, estuarine, and riverine habitat of large river systems. It is an anadromous species that migrates to moderately -moving freshwater areas to spawn in the spring, but spends most of its life within close proximity of the river's mouth. Large freshwater rivers that are unobstructed by dams or pollutants are imperative to successful reproduction. Spawning occurs in areas with hard substrate (e.g., cobble) (NOAA 2016). Habitat Present: No Potential habitat for the Atlantic sturgeon does not occur within the study area. The study area lacks the large river system associated with this species. NCNHP data from October 2016 indicates no occurrences of the Atlantic sturgeon within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Green sea turtle — The green sea turtle is found in temperate and tropical oceans and seas. Nesting in North America is mostly limited to small communities on the east coast of Florida requiring beaches with minimal disturbances and a sloping platform for nesting. The green sea turtle can be found in shallow waters. They are attracted to lagoons, reefs, bays, mangrove swamps and inlets where an abundance of marine grasses can be found, as this is the principle food source for the green sea turtle (USFWS 2016b). Habitat Present: No Potential habitat for green sea turtle does not occur within the study area. The study area lacks the beach habitat for nesting and lagoons, reefs and bays associated with this species. NCNHP data from October 2016 indicates no occurrences of the green sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Hawksbill sea turtle — Hawksbills sea turtles are found in tropical and subtropical oceans. Sightings have been reported on the east coast of the U.S. as far north as Massachusetts, although rarely north of Florida. Sightings have been recorded from a handful of counties in North Carolina, but the turtle is not known to breed here. Adult hawksbills are found in coastal waters, especially around coral reefs, rocky outcrops, shoals, mangrove bays, and estuaries. Juveniles are often seen offshore, in floating mats of seaweed. This species nests on a wide range of beach types and substrates, using both low- and high-energy beaches on islands and mainland sites. The nest is typically placed near or under some vegetation (USFWS 2016c). Habitat Present: No Potential habitat for hawksbill sea turtle does not occur within the study area. The study area lacks the coral reefs, shoals, and beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the hawksbill sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Kemp's ridley sea turtle — Kemp's ridley sea turtle is the smallest of the sea turtles that visit North Carolina's coast, and has been sighted in most coastal counties. While the majority of this sea turtle's nesting occurs in Mexico, the species is known to nest on North Carolina beaches infrequently. Kemp's ridley sea turtle can lay eggs as many as three times during the April to June breeding season. This species prefers beach sections that are backed up by extensive swamps or large bodies of open water having seasonal narrow ocean connections and a well-defined elevated dune area. The species prefers neritic area with sandy or muddy bottoms (USFWS 2016d). Habitat Present: No Potential habitat for Kemp's ridley sea turtle does not occur within the study area. The study area lacks the beach and swamp habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the Kemp's ridley sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Leatherback sea turtle — The leatherback sea turtle is distributed world-wide in tropical waters of the Atlantic, Pacific, and Indian oceans. They are generally open ocean species, and may be common off the North Carolina coast during certain times of the year. However, in northern waters leatherback sea turtles are reported to enter into bays, estuaries, and other inland bodies of water. Major nesting areas occur mainly in tropical regions. In the United States, primary nesting areas are in Florida, however, nests are known from Georgia, South Carolina, and North Carolina as well. Nesting occurs from April to August. Leatherback sea turtles need sandy beaches backed with vegetation in the proximity of deep water and generally with rough seas. Beaches with a relatively steep slope are usually preferred (USFWS 2016e). Habitat Present: No Potential habitat for leatherback sea turtle does not occur within the study area. The study area lacks the beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the leatherback sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Loggerhead sea turtle — The loggerhead sea turtle is widely distributed within its range, and is found in three distinct habitats during their lives. These turtles may be found hundreds of miles out in the open ocean, in neritic areas, or on coastal beaches. In North Carolina, this species has been observed in every coastal county. Loggerhead sea turtles occasionally nest on North Carolina beaches, and are the most common of all sea turtles that visit the North Carolina coast. They nest nocturnally, at two to three year intervals, between May and September, on isolated beaches that are characterized by fine-grained sediments. In near shore areas, loggerhead sea turtles have been observed in bays, lagoons, salt marshes, creeks, ship channels, and the mouths of large rivers. Coral reefs, rocky places, and shipwrecks are often used as foraging areas (USFWS 2016f). Habitat Present: No Potential habitat for loggerhead sea turtle does not occur within the study area. The study area lacks the beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the loggerhead sea turtle within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Piping plover— The piping plover breeds along the entire eastern coast of the United States. North Carolina is uniquely positioned in the species' range, being the only state where the piping plover's breeding and wintering ranges overlap and the birds are present year-round. They nest most commonly where there is little or no vegetation, but some may nest in stands of beach grass. The nest is a shallow depression in the sand that is usually lined with shell fragments and light colored pebbles (USFWS 2016g). Habitat Present: No Potential habitat for piping plover does not occur within the study area. The study area lacks the beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the piping plover within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Red -cockaded woodpecker — Primary habitat consists of mature to over -mature southern pine forests dominated by loblolly (Pinus taeda), longleaf (P. palustris), slash (P. elliodi), and pond pines (P. echinata). Nest cavities are constructed in the heartwood of living pines, generally older than 60 years that have been infected with red -heart disease. Nest cavity trees typically occur in clusters, which are referred to as colonies (USFWS 2003). Pine flatwoods or pine savannas that are fire maintained serve as ideal nesting and foraging sites for this species. Development of a thick understory and mid -story within a given area usually deters nesting and foraging. Potential nest sites for RCW's include pine and pine/hardwood stands greater than 60 years of age. Hardwood/pine stands (<50% pine) greater than 60 years of age may also be considered potential nesting habitat if adjacent to potential foraging habitat. Foraging habitat is typically comprised of open pine/mixed hardwood stands over 30 years of age. Pines must comprise at least 60 percent of the canopy in order to provide suitable foraging for RCW's. Somewhat younger pine stands may be utilized if the trees have an average diameter at breast height (DBH) greater than or equal to 9 inches (Henry 1989). Foraging stands must be connected to other foraging areas or nesting areas in order to be deemed a viable foraging site. Open spaces or unsuitable habitat 200 feet or more in width are considered barriers to RCW foraging (USFWS 2003). Habitat Present: No Potential nesting and foraging habitat for RCW does not occur within the study area. The study area lacks 60 year old pine trees needed for nesting and 30 year old trees needed for foraging habitat. NCNHP data from October 2016 indicates no occurrences of the RCW within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Red knot — The rufa red knot is one of the six recognized subspecies of red knots, and is the only subspecies that routinely travels along the Atlantic coast of the United States during spring and fall migrations. It is known to winter in North Carolina and to stop over during migration. Habitats used by red knots in migration and wintering areas are similar in character: coastal marine and estuarine habitats with large areas of exposed intertidal sediments. In North America, red knots are commonly found along sandy, gravel, or cobble beaches, tidal mudflats, salt marshes, shallow coastal impoundments and lagoons, and peat banks. Ephemeral features such as sand spits, islets, shoals, and sandbars, often associated with inlets can be important habitat for roosting (USFWS 20161). Habitat Present: No Potential habitat for red knot does not occur within the study area. The study area lacks the beach, marsh and mudflat habitats associated with this species. NCNHP data from October 2016 indicates no occurrences of the red knot within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Roseate tern — In North Carolina, the roseate tern is most likely to be seen on a barrier island as it passes through the area to and from northern breeding grounds. March through May and August through October are the most likely times to see these birds. Although sight records of this species exist for June, July, and August, these are likely non -breeding males. Only one nesting record for this species has been documented for the state within the past twenty years. However, if this species expands its range it is likely to choose coastal areas of the state for nesting. The roseate tern nests on isolated, less disturbed coastal islands in areas characterized by sandy, rocky, or clayey substrates with either sparse or thick vegetation. Eggs are usually laid such that grasses or overhanging objects provide shelter. They may also nest in marshes, but it is an uncommon occurrence (USFWS 2016h). Habitat Present: No Potential habitat for roseate tern does not occur within the study area. The study area lacks the coastal island habitats associated with this species. NCNHP data from October 2016 indicates no occurrences of the roseate tern within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Shortnose sturgeon — Shortnose sturgeon occur in most major river systems along the eastern seaboard of the United States. The species prefers the near shore marine, estuarine, and riverine habitat of large river systems. It is an anadromous species that migrates to faster -moving freshwater areas to spawn in the spring, but spends most of its life within close proximity of the river's mouth. Large freshwater rivers that are unobstructed by dams or pollutants are imperative to successful reproduction. Distribution information by river/waterbody is lacking for the rivers of North Carolina; however, records are known from most coastal counties (NMFS 1998). Habitat Present: No Potential habitat for shortnose sturgeon does not occur within the study area. The study area lacks the large freshwater river habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the shortnose sturgeon within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect West Indian manatee — West Indian manatees have been observed in all the North Carolina coastal counties. West Indian manatees are found in canals, sluggish rivers, estuarine habitats, salt water bays, and as far off shore as 3.7 miles. They utilize freshwater and marine habitats at shallow depths of 5 to 20 ft. In the winter, between October and April, manatees concentrate in areas with warm water. During the other time of the year habitats for the manatee are those with sufficient water depth, an adequate food supply, and in proximity to freshwater. West Indian manatees require a source of freshwater to drink. West Indian manatees are primarily herbivores, feeding on any aquatic vegetation present, but they may occasionally feed on fish (USFWS 2016j). Habitat Present: No Potential habitat for West Indian manatee does not occur within the study area. The study area lacks the canals, rivers, and estuarine habitats associated with this species. NCNHP data from October 2016 indicates no occurrences of the West Indian manatee within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Rough -leaved loosestrife — Rough -leaved loosestrife, endemic to the Coastal Plain and Sandhills of North and South Carolina, generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins in dense shrub and vine growth on moist to seasonally saturated sands and on shallow organic soils overlaying sand (spodosolic soils). Occurrences are found in such disturbed habitats as roadside depressions, maintained power and utility line rights-of-way, firebreaks, and trails. The species prefers full sunlight, is shade intolerant, and requires areas of disturbance (e.g., clearing, mowing, periodic burning) where the overstory is minimal. It can, however, persist vegetatively for many years in overgrown, fire - suppressed areas. Blaney, Gilead, Johnston, Kalmia, Leon, Mandarin, Murville, Torhunta, and Vaucluse are some of the soil series that the plant occurs on (USFWS 1995). Habitat Present: No Potential habitat for rough -leaved loosestrife does not occur within the study area. The study area lacks the moist to saturated ecotones associated with this species. NCNHP data from October 2016 indicates no occurrences of rough -leaved loosestrife within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect Seabeach amaranth — Seabeach amaranth occurs on barrier island beaches where its primary habitat consist of overwash flats at accreting ends of islands, lower foredunes, and upper strands of non -eroding beaches (landward of the wrack line). In rare situations, this annual is found on sand spits 160 feet or more from the base of the nearest foredune. It occasionally establishes small temporary populations in other habitats, including sound -side beaches, blowouts in foredunes, interdunal areas, and on sand and shell material deposited for beach replenishment or as dredge spoil. The plant's habitat is sparsely vegetated with annual herbs (forbs) and, less commonly, perennial herbs (mostly grasses) and scattered shrubs. It is, however, intolerant of vegetative competition and does not occur on well -vegetated sites. The species usually is found growing on a nearly pure silica sand substrate, occasionally with shell fragments mixed in. Seabeach amaranth appears to require extensive areas of barrier island beaches and inlets that function in a relatively natural and dynamic manner. These characteristics allow it to move around in the landscape, occupying suitable habitat as it becomes available (USFWS 1996). Habitat Present: No Potential habitat for Seabeach amaranth does not occur within the study area. The study area lacks the beach habitat associated with this species. NCNHP data from October 2016 indicates no occurrences of the seabeach amaranth within 0.5 mile of the study area. BIOLOGICAL CONCLUSION: No Effect 4.8 Bald and Golden Eagle Protection Act Bald eagles typically feed on fish but may also consume birds and small mammals. In the Carolinas, nesting season extends from December through May (Potter et al. 1980). 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 (Hamel 1992). The bald eagle was officially delisted and removed from the federal Endangered Species List on August 9, 2007, but they are still protected under the BGPA and the MBTA. The National Bald Eagle Management Guidelines (Guidelines) (USFWS 2007) prohibit disturbance to a bald eagle. The Guidelines define disturb as "to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available: 1) injury to an eagle; 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior; or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior." The definition also covers impacts that result from human -caused alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagles return, such alterations agitate or bother an eagle to a degree that injures an eagle or interferes with normal breeding, feeding, or sheltering behavior (USFWS 2007). Under the current Guidelines, USFWS recommends the following measures for roads, trails, canals, power lines, and other linear utilities. If the eagle nest can be seen from the project site and there is no similar activity within 660 feet, then USF WS recommends that the project: 1) maintain a buffer of at least 660 feet between your activities and the nest; 2) maintain any established landscape buffers; and 3) if possible, create additional landscape buffers to screen the new activity from the nest. If these recommendations cannot be adopted for the project, then coordination is recommended with the local USFWS office. Harlowe Creek, located less than 0.5 mile east of the project study area, provides foraging habitat for the bald eagle. However, ESI did not identify any evidence of bald eagle activity while working in the study area. A review of NHP records (October 2016 data) indicates no documented occurrences of bald eagle within 0.5 miles of the study area. FF11 :....>_ Lonaleea IQ Project Study Area :saasrea:a-z r.. xr'' a 5 * ^ i Ghad�}ck. i j m T A N N'AT1 ONAL F0RES.T' .. M rightb201 - (•� DUKE ENERGY. Delineation results are preliminary until USACE concurrence obtained through a site review 1000 2000 Feet Source: 2011 National Geographic Society/ESRI, i -cubed seamless USGS quadrangles (Core Creek, NC); Project Study Area approximated by ESI. Disclaimer The information depicted on this figure ,s for informational purposes only and was not prepared for, and is not suitable for legal or engmeer^9 purposes This inforrnason presented .s not for regulatory review and m intended for use only by a Professional Land surveyor pror to regulatory review ENVIRO\NIE\TA1, SERVICES, INC. Rale Trademark Drive Ralegh, North Carolina 2'610 (919)212-1760 (919)212-1707 FAX env,mnmenfa/servicesmc.com ML— Project Location Alternative Harlowe Substation Carteret County, NC Project: ER15010.49 Date: Dec 2016 Drwn/Chkd: KT/RT _.a,.:.. Figure: 1 N Date 12/6r016 5 00.36 �M