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HomeMy WebLinkAbout20180479 Ver 1_401 Application_20180418q of DAVIS & FLOYD SINCE 1954 March 27, 2018 NC DWR, 401 & Buffering Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 9.0 . M_ 20180478 Re: Application for Coverage under USACE General Permit 198200030 Highway 73 Access Area Boat Ramp Hwy 73 at Mountain Island Lake(Catawba River), Lincoln County NC Letter: WGH-016-NCDWR-H73BR To Whom It May Concern: Davis & Floyd, Inc. acting as Agent for Duke Energy Carolinas, LLC is pleased to submit the following application for coverage under U.S. Army Corps of Engineers (USACE) General Permit No. 19820003o at the Access Area on Mountain Island Lake. Duke Power Company is the owner of the property. Improvements near the shoreline include the replacement of a new boat ramp. This Pre -Construction Notification (PCN) package is being submitted to NC DWR requesting 401 Water Quality Certification (WQC). The required application fee of $240 is enclosed. The plans for the project have been submitted and conceptually approved by Lincoln County Natural Resources Division. Appropriate best management practices will be utilized to control erosion during the project. All disturbed land surfaces will be stabilized upon completion of the project. ��C�L�OMI uu p�,R 4 2018 1319 Highway 72/221 East, Greenwood, SC 29649 1. (864) 229-5211 F. (864) 229-7844 WWW.DAVISFLOYD.COM i March 27, 2018 Highway 73 Access Area Boat Ramp Page 2 Enclosed are five (5) sets of the completed PCN form with associated attachments and the executed Agent Authorization Form that were submitted to the U.S. Army Corps of Engineers (USACE). Should you have any questions, please do not hesitate to contact us. You can respond with any comments to the following email address: whunter _,davisfloyd.com. We look forward to beginning this improvement project after receiving your approval. Very truly yours, DAVIS & FLOYD 4�z 6L" /��: - Wilson G. Hunter Project Manager Enclosures: As stated in letter DAVIS & FLOYD SINCE 1954 March 27, 2018 Ms. Catherine Janiczak US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 288o1 -50o6 Re: Application for Coverage under USACE General Permit 198200030 Highway 73 Access Area Boat Ramp Hwy 73 at Mountain Island Lake (Catawba River), Lincoln County NC Letter: WGH-015-USACE-Hwy73BR To Whom It May Concern: Davis & Floyd, Inc. acting as Agent for Duke Energy Carolinas, LLC is pleased to submit the following application for coverage under U.S. Army Corps of Engineers (USACE) General Permit No. 19820003o at the Access Area on Mountain Island Lake. Duke Power Company is the owner of the property. Improvements near the shoreline include the replacement of a new boat ramp. The project is within Duke Energy's FERC No. 2232. As part of their FERC Approved License for the Catawba-Wateree Hydroelectric Project that was issued on November 14, 2015, Duke Energy has agreed to make improvements and upgrades to access areas on Mountain Island Lake. The General Permit 19820003o authorizes maintenance, repair, and construction activities in Mountain Island Lake which is regulated by Duke Energy. A 14400t wide and 83 foot long concrete boat ramp will be installed over class B riprap and stone. The quantities of materials below full pond level include: new concrete ramp = 35 Cy, new class B riprap and stone = 265 CY. Total impact = o.o6-acres. 1819 Highway 72/221 East, Greenwood, SC 29649 s. (864) 229-5211 F. (864) 229-7844 WWW.DAVISFLOYD.COM March 27, 2o18 Highway 73 Access Area Boat Ramp Page 2 Enclosed are the executed Agent Authorization Form and the completed Pre - Construction Notification (PCN) Form and associated attachments. Should you have any questions, please do not hesitate to contact us. You can respond with any comments to the following email address: whuntergdavisfloyd.com. We look forward to beginning this improvement project after receiving your approval. Very truly yours, DAVIS & FLOYD ZZ, (: � --- /X: Wilson G. Hunter Project Manager Enclosures: As stated in letter Cc: Mr. Travis L. Sinclair — Duke Energy O N"ll:=- T Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 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 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 198200030 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1d. 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. ❑ Yes ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes 0 No 2. Project Information 2a. Name of project: HIGHWAY 73 ACCESS AREA BOAT RAMP 2b. County: LINCOLN 2c. Nearest municipality / town: CATAWBA SPRINGS 2d. Subdivision name: Duke Energy Access Area on Mountain Island Lake at Hwy 73 (FERC Project# 2232) 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: DUKE POWER CO REAL ESTATE DIVISION 3b. Deed Book and Page No. 393-297 3c. Responsible Party (for LLC if applicable): DUKE ENERGY CAROLINAS, LLC 3d. Street address: 526 S. CHURCH STREET, EC12Q 3e. City, state, zip: CHARLOTTE, NC 28202 3f. Telephone no.: (704) 382-6920 3g. Fax no.: (704) 382-8614 3h. Email address: TRAVIS.SINCLAIR@DUKE-ENERGY.COM Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: DUKE ENERGY CAROLINAS, LLC - C/O TRAVIS SINCLAIR 4c. Business name (if applicable): 4d. Street address: 526 S. CHURCH STREET, EC12Q 4e. City, state, zip: CHARLOTTE, NC 28202 4f. Telephone no.: (704) 382-6920 4g. Fax no.: (704) 382-8614 4h. Email address: TRAVIS.SINCLAIR@DUKE-ENERGY.COM 5. Agent/Consultant Information (if applicable) 5a. Name: WILSON G. HUNTER 5b. Business name (if applicable): DAVIS & FLOYD, INC. 5c. Street address: 1319 HWY 72/221 E 5d. City, state, zip: GREENWOOD, SC 29649 5e. Telephone no.: (864) 229-5211 5f. Fax no.: (864) 229-7844 5g. Email address: whunter@davisfloyd.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 4611-56-3191 1 b. Site coordinates (in decimal degrees): Latitude: 35.4272 Longitude: -80.9578 1c. Property size: 1.31 acres disturbed area 2. Surface Waters 2a. Name of nearest body of water to proposed project: CATAWBA RIVER 2b. Water Quality Classification of nearest receiving water: FW 2c. River basin: CATAWBA RIVER 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: See Attachment. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: See Attachment. As part of FERC Approved Recreation Management Plan, Duke Energy has agreed to make improvements and upgrades. 3e. Describe the overall project in detail, including the type of equipment to be used: See Attachment. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? ❑ Yes ❑X No ❑ Unknown Comments: Project is on shore of Mountain Island Lake. 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): ECS Southeast LLP Agency/Consultant Company: ECS Southeast LLP Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Duke Energy had ECS Southeast LLP conduct a Wetland Delineation Report for the area of the project. Wetland areas were identified, but none in the vicinity of the land disturbance for the gravel parking area or boat ramp project except in the Catawba River. See attached ECS report. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 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): ❑ Wetlands ❑ Streams — tributaries ❑ Buffers ❑X 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. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 Choose one Unknown Yes/No - 0 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 2g. Total Wetland Impacts: 2h. Comments: 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - S2 - Choose one S3 - Choose one S4 - Choose one S5 - Choose one S6 - Choose one 3h. Total stream and tributary impacts 3i. Comments: 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 indivii ually list all open water impacts 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) 01 P Mountain Island Lake on Catawba River Fill Lake 0.06 O2 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: See attachment for quantities. 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. 5d. 5e. Wetland Impacts (acres) 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 ❑X 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 61 - NOIMPACTS Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. As part of their FERC Approved License for Catawba-Wateree Hydroelectric Project issued on November 14, 2015), Duke Energy has agreed to make improvements and upgrades to access areas on Mountain Island Lake. This new boat ramp will be used by the public to provide more recreational opportunities and safe access on Mountain Island Lake. The General Permit allows for limited fill material to construct the boat ramp. This project is below limits allowed by the general permit (overall impact and ramp size, use, etc.). 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Appropriate best management practices will be utilized to minimize impacts. All boat ramp concrete work will be completed upland and pushed into place. Appropriate sediment and erosion protection BMPs will be utilized to minimize impacts and protect the river. 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 El 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 6of10 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 ❑X 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 7of10 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 ❑X Yes ❑ 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. Diffuse flow plan will be included in the construction plans and land disturbance plans submitted to County Natural Resources Division. ❑X Yes ❑ No Lincoln 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 90 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: Soil Erosion and Sediment Control Plan will be submitted and approved by the Lincoln County Natural Resources Division. Appropriate best management practices will be utilized. Energy dissipaters (rip rip) will be used at outfalls for runoff and appropriate double -silt fencing will be used near the river's edge. 2e. Who will be responsible for the review of the Stormwater Management Plan? Lincoln County Natural Resources Div. 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs El USMPSee apply (check all that apply): attachment. ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑ HQW 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 ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑X Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑X Yes ❑ No Page 8of10 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 ❑ 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, F] Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? EI 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 F1 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. THERE ARE NO WASTEATER DISCHARGES ASSOCIATED WITH THIS PROJECT. 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 ❑ Yes ❑X 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. ASHEVILLE, NC - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Mr. Bryan Tompkins of the USFWS Asheville Field Office reviewed the project plans and concluded the project will have no effect on any threatened or endangered species. He indicated that surveys had been conducted in the vicinity in 2014. No federally listed species were found during the surveys. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Mr. Bryan Tompkins of the USFWS Asheville Field Office reviewed the data and indicated that the project will not impact essential fish habitat. 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 ❑X 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? See Attachment. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Lincoln County Natural Resources Division will approve all land disturbance activities for this project. There are no life/safety issues associated with the project construction and no occupiable structures are proposed. 8c. What source(s) did you use to make the floodplain determination? Review of FEMA Flood Hazard Boundary map for Lincoln County, NC Community Panel No. 4611, Map# 3710461100L, dated September 2, 2015. WILSON G. HUNTER Gi 4ov- 3` 3/27/2018 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Attachment for Pre -Construction Notification (PCN) Application - Highway 73 Access Area — Improvements (New Boat Ramp) A. Application Information 2a. Name of Project: Highway 73 Access Area Boat Ramp 3a. Names recorded on Deed: Duke Power Co. Real Estate Division B. Project Information and Prior Project History B3. Project Description: 3a.: Existing conditions at the site include a dirt road leading to a gravel parking area. The public has been using the area to fish from the bank and hand -launch canoes/kayaks or small boats. There is currently no public boat ramp located on the site. The project site area is bounded on the east by Mountain Island Lake (Catawba River) and north by Highway 73 and bridge and Duke Power Company property. Adjacent properties to the west and south are additional Duke Power Company properties. 3d.: The purpose of this project is to install a boat ramp along the western shore of Mountain Island Lake on the Catawba River. The project is within Duke Energy's Cowen's Ford Dam and Hydroelectric Project FERC No. 2232. As part of their FERC Approved License for the Catawba-Wateree Hydroelectric Project that was issued on November 14, 2015 and their Approved Recreation Management Plan issued on December 14, 2017, Duke Energy has agreed to make improvements and upgrades to access areas on Mountain Island Lake. This new boat ramp will be used by the public to provide more recreational opportunities and safe access on Mountain Island Lake. 3e.: The project is to install (1) boat ramp, a new gravel entrance road, and new gravel parking lot. The project is within Duke Energy's FERC No. 2232. As part of their FERC Approved License for the Catawba-Wateree Hydroelectric Project that was issued on November 14, 2015 and their Approved Recreation Management Plan issued on December 14, 2017, Duke Energy has agreed to make improvements and upgrades to access areas on Mountain Island Lake. A 14 -foot wide and 83 foot long concrete boat ramp will be installed over class B riprap and stone. Construction sequencing will include 1) clearing for and installation of perimeter sediment & erosion controls, 2) clearing & grubbing, 3) rough grading using motor - grader or dozer, 4) construction of boat ramp embankment using track -hoe type equipment to place and compact riprap to desired shape, 5) construct boat ramp on land using a "pour and push" method, where the ramp is formed and poured upland on shore and then pushed into its final location after the concrete has properly cured, 6) placement and compaction of graded aggregate base course Page 1 of 3 D"IS & FLOYD VM C1 1164 surface using appropriate grading and compacting equipment, 7) final grading and landscaping stabilization, and 8) removal of sediment controls. Appropriate grading equipment will be utilized to prepare the area. Appropriate sediment and erosion protection best management practices (BMPs) will be utilized to protect the waters of Mountain Island Lake (Catawba River). Approvals for land disturbance activities permits will be obtained from Lincoln County as required. C. Proposes Impacts Inventory 4. Open Water Impacts 4g. The General Permit 198200030 authorizes maintenance, repair, and construction activities in Mountain Island Lake which is regulated by Duke Energy. The quantities of materials below full pond level (100' contour) include: Concrete for boat ramp = 30 CY Class B riprap and stone for support and stabilization = 265 CY Impact Area = 0.06 acres Total Impact Area = 0.06 acres E. Stormwater Management & Diffuse Flow Plan (required by DWQ) 3. Certified Local Government Review 3b.: Lincoln County has jurisdiction for land disturbance activities. Approvals for land disturbance activities have been applied for with Lincoln County. All approvals will be obtained prior to beginning the project. A Land Disturbance Permit Application has been submitted to Lincoln County. F. Supplementary Information 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5d.: Mr. Bryan Tompkins of the USFWS Asheville Field Office reviewed the project plans and concluded the project will have no effect on any threatened or endangered species. He indicated that surveys had been conducted in the vicinity in 2014. No federally listed species were found during the surveys. Email copy from Bryan Tompkins is attached. Page 2 of 3 DAVIS & FLOYD Slit[ 1154 6. Essential Fish Habitat (Corps Requirement) 6b. Mr. Bryan Tompkins of the USFWS Asheville Field Office reviewed the data and indicated that the project will not impact essential fish habitat. Email copy from Bryan Tompkins is attached. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7b.: Duke Energy indicates that this site was part of the larger archaeological study for the entire Catawba-Wateree River and no items were noted or found in this area. The majority of the project is already developed, i.e. the larger portion of the road and portions of the turnaround. Both State Historic Preservation Office (SHPO) and Tribal Historic Preservation Office (THPO) will be notified of this project based on ground distributing activities within the federal project boundary. It is Duke Energy's policy and federal law mandates that if any historic or cultural resources are discovered during construction, then all construction activities will immediately cease. All appropriate individuals and agencies will then be notified. Page 3 of 3 DAVIS & FLOYD SINCE 12114 Plan Sheets D"IS & FLOYD CINCC 1154 PROJECT FOR DUKE ENERGY CORPORATION HIGHWAY 73 ACCESS AREA MOUNTAIN ISLAND LAKE LINCOLN COUNTY, NORTH CAROLINA PAVED ENTRANCE INDEX OF DRAWINGS: SHEET -Gs-1– DESCRIPTION COVER SHEET H-101 EXISTING CONDITIONS H-102 PROPOSED CONDITIONS H-103 PROPOSED CONDITIONS H-104 PROFILE AND SECTIONS DAVIS& F L OY D 48 HOURS BEFORE DIGGING IN NORTH CAROLINA CALL SINCE 1954 1-800-632-4949 NORTH CAROLINA ONE CALL CENTER WWW.DAVISFLOYD.COM EXISTING ROAD AND BRIDGE 20' WIDE GRAVEL ROAD W/2' SHOULDER ON EACH SIDE GRAVEL PARKING AREA CONCRETE PAD FOR ADA PARKING VICINITY MAP NOT TO SCALE CONCRETE BOAT RAMP I I I I I 1 1 1 1 CONCRETE SIDEWALK IIIII III KIOSK AND TRASH CAN PAD room KnowwWs below. Cell beforeyoudig. D&F JOB No.: 10561-23 CSJ EXISTING c: STING GRA L TURNAROUND 108 50'SETBACK FROM 100' CONTOUR ACCESS CHECKED OWNER DRAWING TIRE ! ( II JSA DUKE ENERGY CORPORATION 1 1 DRAWN APPROVED JOB NO, = JSA BPR. EXISTING CONDITIONS 1 � DAV I S & FLOYD a SINCE 1954 H-101 PROJECT LOCATION SKETCH REFERENCE LINCOLN, NORTH CAROLINA ! i PAGE 2 OF 5 1 50'SETBACK FROM 100' CONTOUR ACCESS 100' CONTOUR 1 1 I 1 1 / EXISTING ROAD AND BRIDGE BRIDGE PILES DESIGNED CHECKED OWNER DRAWING TIRE -_ II JSA DUKE ENERGY CORPORATION i DRAWN APPROVED JOB NO, = JSA BPR. EXISTING CONDITIONS 010561-0561-23 PROJECT TITLE HIGHWAY 73 ACCESS AREA DAV I S & FLOYD a SINCE 1954 H-101 PROJECT LOCATION SKETCH REFERENCE LINCOLN, NORTH CAROLINA ! �a.unsnno.an PAGE 2 OF 5 100' CONTOUR 1 1 I 1 1 / EXISTING ROAD AND BRIDGE BRIDGE PILES DESIGNED CHECKED OWNER DRAWING TIRE DATE - JSA JSA DUKE ENERGY CORPORATION FEBRUARY 2018 DRAWN APPROVED JOB NO, = JSA BPR. EXISTING CONDITIONS 010561-0561-23 PROJECT TITLE HIGHWAY 73 ACCESS AREA DAV I S & FLOYD a SINCE 1954 H-101 PROJECT LOCATION SKETCH REFERENCE LINCOLN, NORTH CAROLINA �a.unsnno.an PAGE 2 OF 5 EXISTING ROAD AND BRIDGE INEW GRAVEL TURNAROUND NEW CONCRETE SIDEWALK 1 50' SETBACK 3 FROM 100' CONTOUR DOUBLE ROW OF SILT FENCE 100' CONTOUR QUANTITIES BELOW 100' CONTOUR: CONCRETE: 35 CY RIP RAP/STONE: 265 CY AREA OF IMPACT: 0.06 AC DESIGNED CHECKED OWNER DRAWING TITLE DATE - JSA JSA DUKE ENERGY CORPORATION PROPOSED CONDITIONS FEBRUARY 2018 n DRAWN APPROVED JOB NO. PROJECT TTLE JSA BPR (SHEET 1 OF 2) 010561-23 HIGHWAY 73 ACCESS AREA o DAVIS & FLOYD SINCE 1954 H-102 PROJECT LOCATION SKETCH REFERENCE LINCOLN, NORTH CAROLINA M.IATIMP I PAGE 3 OF 5 EXISTING GRAVEL • / IMPROVED� - NEW GRAVEL PARKING LOT --/ Z09 NEW GRAVEL TURNAROUND P WOODED AREA BEYOND PROJECT AREA SHALL REMAIN UNDISTURBED 50' SETBACK g FROM 100' CONTOUR 2 DOUBLE ROW OF SILT FENCE - 100' CONTOUR DESIGNED CHECKED JSA JSA o DRAWN APPROVED JSA BPR DAVIS & FLU 3 SINCE 1554 OWNER DUKE ENERGY CORPORATION PROJECT TITLE HIGHWAY 73 ACCESS AREA PROJECT LOCATION LINCOLN, NORTH CAROLINA EXISTING ROAD AND BRIDGE PROPOSED CONDITIONS (SHEET 2 OF 2) FEBRUARY2018 JOB NO. 010561-23 H-103 PAGE 4 OF 5 o eo 00 0 o+ c`! o '6 120 0 0 _.�._..__.o _ > �w 110 110 >� u'U4 -- o a Lu _ __--_ _ - 110...--- 1 100 00 _-- -- --- — LLL L - __ ... ....... 90 Y7LIEV- 90 EXISTIfCG-- ci GRADE - 80 80 _ ._..._m w -RIP"RAPISTONE-- -- - 7070 -0+100+00 0+20 0+40 0+60 0+80 1+00 1+20 1+40 1+60 1+80 PROFILE: NEW RAMP ALIGNMENT 14'-0" 0 REINFORCEMENT CONCRETE RAMP DETAIL NO SCALE s a CONCRETE BOAT RAMP a 2' MIN 14' BOAT RAMP 2' MIN 4' MAX 4' MAX 3 O 6000 O O�OOOW O 00 0uDd"' Oo > E CLASS °B' RIP RAPISTONE FILL BOTTOM OF LAKE Q s w TYPICAL BOAT RAMP SECTION € NO SCALE DESIGNED CHECKED OWNER DRAWING TITLE DATE JSA JSA DUKE ENERGY CORPORATION FEBRUARY2018 G DRAWN APPROVED JOB NO. JSA BPR PROJECT TNLE PROFILE AND SECTIONS 010561-23 DAVIS & FLOYD HIGHWAY 73 ACCESS AREA 0 SINCE 1554 PROJECT LOCATION SKETCH REFERENCE H - 1 04 LINCOLN, NORTH CAROLINA PAGE 5 of s Agent Authorization Form DAVIS & FLOYD SISCI 1154 Agent Authorization Form Property Leaal Description: Lot No. Plan No.: Parcel ID No.: 4611-56-3191 Property Address: 251 Duke Lane — Hwy 73 Catawba Springs, NC 28164 Lincoln County Property Owner: Duke Power Company Real Estate Division The undersigned, registered property owner of the above noted property, do hereby authorize: WILSON G. HUNTER of Davis & Floyd, Inc. (Agent) (Name of consulting firm) To act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner Mailinq Address: Duke Energy Carolinas, LLC c/o Travis L. Sinclair 526 S. Church Street, EC12Q Charlotte, NC 28201-1006 Telephone No.: (704) 382-6920 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. thorized Signature Date: l g Dec. 901'-4 Site Location Map DAVIS & FLOYD SINCE 1954 Wetland Delineation Report DAVIS & FLOYD MU 1154 E C S SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NIC Regeter_d Engineerora Firm F-137 NG Regswed GeoUg�sts Flan C-aco SC Reg ,,stered Enwrser as F rm 3___ May 12, 2017 Mr. Jay McMullen Duke Energy 526 South Church Street, EC12Q Charlotte, North Carolina 28202 Reference: Wetland Delineation Report Highway 73 Access Area Stanley, Lincoln County, North Carolina ECS Project No: 49:4444 Dear Mr. McMullen: ECS Southeast, LLP (ECS) is pleased to submit this report of the jurisdictional waters/wetland delineation for the above -referenced site. This report summarizes our findings and recommendations for the site. Background ECS was contracted to perform a wetland delineation at the proposed Highway 73 Access Area located south of Highway 73 along the Catawba River in Stanley, Lincoln County, North Carolina. The project study area (PSA) consists of a 7.5 acre portion of a larger parcel. According to the Lincoln County Online GIS Database the parcel identification number (PIN) for the PSA is 4611563191. The PSA consists of a small gravel access road and wooded undeveloped land. Wetlands are defined by the U.S. Army Corps of Engineers (USACE) and the United States Environmental Protection Agency (EPA) as "those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions." In order for an area to be classified as wetland, hydrophytic vegetation, hydric soils, and wetland hydrology indicators must be present. Literature Review ECS reviewed the USGS Topographic Map, the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Soil Survey for Lincoln County, the U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) Map, the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), and the Geologic Map of North Carolina to obtain information regarding the PSA. According to the USGS Topographic Map, Lake Norman South NC Quadrangle (Figure 2), the PSA is situated at 670 to 696 feet above mean sea level (MSL). The topography appears to be sloping to the south towards the unnamed tributary along the southern boundary of the PSA. The Cowan's Ford Dam is located north of the PSA. ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic. LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP �,%fv..w.ecslimitecl.com Wetland Delineation - Highway 73 Access Area Catawba River Stanley, Lincoln County, North Carolina ECS Project No: 49:4444 • According to the USDA-NRCS Soil Survey for Lincoln County (Figure 3) Soils within the PSA have been mapped as Chewacla loam (ChA) and Pacolet sandy loam (Pal)). Chewacla loam is somewhat poorly drained and occurs on floodplains. Pacolet sandy loam is well drained and found on steep slopes. Chewacla soils appear on the National Hydric Soils list for Lincoln County. • ECS reviewed the FEMA FIRM mapping center website. The PSA is depicted on FIRM panels 3710461102 dated September 2, 2015, respectively (Figure 4). The map indicates that the PSA is located in Zone AE, an area inside the 0.2% annual chance floodplain. Areas within this zone have been determined to be inside the 1% probability of flooding, which is known as the 100 -year floodplain. Additionally, predicted flood water elevations above mean sea level have been established. The PSA predicted flood water elevation is approximately 669 feet. • The US Fish and Wildlife NWI Map of the site (Figure 5) does identify wetland land areas in the eastern portion of the PSA as PSS1Ah and PSS1Ch indicates a palustrine scrub -shrub, broad-leaved deciduous that is temporarily flooded and seasonally flooded and is diked or impounded. In addition, the area adjacent to the PSA is the Catawba River (west) and the unnamed tributary (south) are depicted on the NWI. Both features are identified as L1UBHh indicates a lacustrine limnetic system with an unconsolidated bottom that is permanently flooded and diked or impounded. Site Reconnaissance ECS personnel conducted the site reconnaissance on May 2, 2017. During the reconnaissance, the PSA was observed for evidence of waters of the U.S., including ponds, streams, and wetlands. Relatively permanent waters (RPWs) that flow directly or indirectly into a traditional navigable water (TNW), and wetlands directly abutting RPWs that flow directly or indirectly into a TNW were observed within the PSA. These jurisdictional areas were marked with pink flagging tape and approximated using a Trimble GeoXH hand-held GPS unit capable of sub -foot accuracy. ECS identified six jurisdictional areas summarized in the table below: Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated acreage and linear feet, if applicable RPW Stream A 35.426574 -80.958277 248.21 linear feet RPW Stream B 35.42665 -80.958065 -78.98 linear feet TNW Stream C (Catawba River) 35.427065 -80.957365 -316.0 linear feet Wetland A 35.426447 -80.957798 <0.01 acres Wetland B 35.426696 -80.958189 -0.308 acres Wetland C 35.426447 -80.958828 -0.034 acres RPW Stream A and RPW Stream B are perennial. TNW Stream C is the Catawba River. Several soil borings were advanced to examine the soils to a depth of approximately 24 inches below 0 Wetland Delineation — Highway 73 Access Area Catawba River Stanley, Lincoln County, North Carolina ECS Project No: 49:4444 ground surface (bgs) throughout the PSA. Soils observed were a brown -gray (7.5YR 5/2 per the Munsell Soil -Color Charts) in color with an average of 15% redox concentrations observed in the profile, meeting the F3 Depleted Matrix Hydric Soil indicator. The texture of the soils consisted of loam. Primary and secondary hydrology indicators were observed including saturation and high water table within the upper 6 inches of the soil borings, water -stained leaves, crayfish burrows, and redox concentrations on living roots. Vegetation located within the wetlands consisted of Green Ash (Froxinus pennsylvanica) Syccamore (Platanus occidentalis) and Sweet Gum (Liquidambar styrociflua) trees, Black Willow (Salix nigra) and Ironwood (Carpinus caroliniana) trees and saplings, and small spike false nettle (eoehmeria cylindrica). Figure 6 shows the approximate locations of the observed wetland and streams. ECS did observe waters of the U.S. on the site. The attached map is to scale; however, it should only be used for preliminary planning purposes. Our findings have not been verified by the USACE or the North Carolina Department of Environmental Quality Division of Water Resources (NCDEQ-DWR). ECS will be coordinating with the regulatory agencies to verify our findings. General Discussion Section 404 of the Clean Water Act regulates the discharge of dredge and fill materials into waters of the United States (lakes, rivers, ponds, streams, etc.), including wetlands. Waters of the United States include the territorial seas, navigable coastal and inland lakes, rivers and streams, intermittent streams, and wetlands. Activities which are normally regulated under Section 404 include the placement of fill for construction of roadways; residential, commercial or industrial structures; and the construction of water retention ponds along tributaries. The EPA and the U.S. Army Corps of Engineers jointly administer the Section 404 program. Section 401 of the Clean Water Act grants each state the authority to approve, condition, or deny any Federal permits that could result in a discharge to State waters. Streams, ponds, and wetlands are regulated by the USACE and the NCDWR. Permits are required prior to impacting wetlands or open waters, including ponds, lakes, and perennial or intermittent streams. Mitigation and stormwater management plans will be a condition of permits issued for the site. Buffers may be required adjacent to streams and water bodies. For impacts to one-half acre or more of wetlands/waters or to 300 linear feet or more of perennial stream channel, an individual permit (IP) may be required. According to the FIRM, there are no floodplains on the site. An IP may be required to authorize impacts to wetlands located in a floodplain. An IP requires a habitat analysis, alternative site analysis, project justification, plans to avoid and minimize impacts, and a proposed mitigation plan. Depending on the habitat analysis and the extent of impacts, and Environmental Impact Statement may be required by the USACE. An IP allows for a public comment period and may require 4 to 18 months to obtain depending on conditions arising during the USACE review and public comment period. 3 Wetland Delineation — Highway 73 Access Area Catawba River Stanley, Lincoln County, North Carolina ECS Project No: 49:4444 Watershed Classification/Buffer Requirements State Riparian Buffer Requirements According to the NCDWR the site is located in the Catawba River Basin. The main stem of the Catawba River is subject to mandatory 50 foot vegetative buffers. Local Buffer Requirements ECS reviewed the Lincoln County Development Ordinance. According to the ordinance, a minimum 100 foot vegetative buffer is required along all protected areas including lakes, ponds, and streams for high density development. A mandatory 30 foot vegetative buffer is required for all perennial waters depicted on the most recent USGS Topographic Quadrangle map. Stormwater Requirements Surface waters located on site flow towards the Catawba River which is classified as Water Supply (WS - IV); Critical Area (CA). Streams onsite are subject to a 30 foot or 100 foot water supply buffer, depending on development density. ECS reviewed the NCDWR online stormwater permitting map to determine jurisdiction of NCDWR stormwater regulations. According to the online permitting map, it appears the site is located in an area designated as "Local Permitting Authority." ECS recommends consultation with a civil engineer to determine if mandatory vegetative buffers and/or regulated development (impervious surfaces) setbacks are required for the site in addition to those mentioned above. Closure ECS appreciates the opportunity to provide wetland services for your project. Please contact us at (336) 856-7150 if you have any questions concerning this report. Sincerely, ECS SOUTHEAST, LLP Z� Ken Vilagos Z4e�_ Environmental Scientist kvilagos@ecslimited.com Attachments: Figure 1—Site Location Map Figure 2 — USGS Topographic Map Figure 3 — NRCS Soil Map Figure 4 — FEMA FIRM MAP W. Brandon Fulton, LSS, PSC, PWS Environmental Principal bfulton@ecslimited.com Figure 5 — USFWS National Wetland Inventory Map Figure 6 — Flagging Location Map Photolog C! Legend Project Study Area (-7.55 Acres) rl t I 41 0 0.5 1 2 Miles Pemnwl3 Club Approximate Project Study Area Lake h ( 0%00ns Ford Counlry Club t Shpheris Road N=ilun: Pm asrv► t I r A ule n Nalutt. N 'Nk Vp Q 3� saner urt kd Berk dal v7,hl t r 11 Cool, FbgnnaI Park ufloxf Rd 00voy,l a f4d Pre,erv@ Wprn.�.11 a. Runt Hill High G Nature u Cowano (• nJf'ra'an.p Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esn wrrjlil�- Japan, MET], Esri China (Hong Kong), Esri (Thailand), Mapm4ndia, © OpenStreetMap Refuge contributors, and the GIS User Community t4 - DUKE ENERGY. HIGHWAY 73 ACCESS AREA LINCOLN COUNTY NORTH CAROLINA SITE LOCATION MAP Lincoln County, NC Drawn By: Checked By: CRL WBF Approved By: Date: WBF 05/01/2017 ECS Project No. 49:4444 FIGURE 1 N' -� Legend Effe w r Project Study Area (-7.55 Acres) (ins - �'/" , fl�r� f '� ^� / i / ✓ Client: / _ 315 -. ,t � � r•-�% ��/ ":n `Y =i � DUKE J�,. ENERGY 10 �O':. f. ''� syr, .. r 'RnC''"' �/ t ` ! �-' .•�tM , Project: Approximate Project Study Area HIGHWAY 73 f ! ti X26 y *0werDS+n+I �`� + !° i; ACCESS AREA i ! . r � ..�� t• - � �. .. / �- � ,.::� ` �'-�;",v4 f�.� � -""\ LINCOLN COUNTY r �� • , �1+. 7 �\. � :.. . _- �} a ... P� ,�2•,�y� r' ���� a*,!'••j, ��'' i NORTH CAROLINA ans4 �� � t • .f' r jt fl Title: l 1 r• � -.✓ � i ' �. (fG..�- 1�"`.�'^,�.���` � „ � y� �^, -e� Y ,r y '.�% �.��+T USGST OPOGRA PHY MAP .'�- mac' t�',.�.e�� �..;1�., s•,r .,vii .�y �''••..'1 t _ •` •°\_ !`,^ �){" !��� ,r. .�...� /� ��.:.b .. rte.. ,s.- . t,'., i /+'- Ref. USGS 7.5 Minutc Topography ~ `� =3 I7.7 "� tl �1� V. ::dd �G �h •,� ;• ; •. _��j. �uqt' o ry --.''s t�/�,.. �� `'�'�7 i '••�"�� Map (Lake Norman South, 1996), i!"r-.;.f� �� �1<.C..- v�OS• "b '}i ) y''f v' t{ / +1 `."' i'i .� �/: �_ NC Quadrangle „a � •1 -�'yyl .i �' _�?h` (j,,(,i�t .4. �"�.�� 1�• -� '�(� \" J�+>�it0�1:,�'_'_" � sb ,41,%! �-. f `� A. ' ^' ,. � ; � ';.,ti} f til, '`.' � � ....,r,�,•�, ""'r' � �,. • i .,,, —'• �,� , A �j V— b � Lake No n South Quad 'i t�,' :�.� _ • �, � �' s � � t 4 \�-'dy � /� Drawn By: Checked By: r f {Q.� y ,� ,,�.• .0 ;' t(ek "' c-- \ CRL WBF �.'`� _✓ � '_ t.. � f' �' � `' ,�1" ` -. -�.,.,,. "_�'�.. � Approved By: Date: WBF 05/01/2017 GCS Project No. 49:4444 0 500 1,000 2,000,r 1�` / / a 1^ / FIGURE 2 Feet Ny a'r+ 2013 Nat(` n! I•C oyraphic Soci o:uu d J�_tpw I IL- - � W. i), LLS J 41 A 0- iL i 1f (> DUKE �C ENERGY Stream C (CatawbaRiver) -80.957365, 35.427065 xlcxwAY 73 316.0 If; 0.149 ac ACCESS AREA LINCOLN COUNTY 'w NORTH CAROLINA T ' APPROXIMATE WATERS OF THE U.S. AND Wetlartd C WETLANDS LOCATION • a1.rr. •• 0.034 ac _.. _f;�• 1 Wetland B "°tg` -80.958189, 35.426696 1. Jurisdictional waters of the US. were delineated by Ecs during 0.308 ae the Sdd rcvicws conducted on May 02, 2017. Jurisdictional boundaries Stream A have been marked in the field with pink fapeandmappedusingal}imbleGeoXil -80.958277, 35.426574 hand -h yd GPS unit capahle of subfoot accurac 248.21 If; <0.01 ae This .nap is iatended for planning purposes only. Stream B Wetland A 2 Jurisdictional boundaries of the Legend -80.958065, 35.42665 -80.957798, 35.426447 `rel ny `ue us: lnarmY Corpse F 78.98 If; <0.01 ac <0.01 ac Engineers and are subject to change following verification. Project Study Area (-7.55 Acres) Drawn By: Checked By: Stream CRL WBF Approved By: Dale: -:':: y7i Wetland WBF 05/02/2017 49:4444 0 100 200 400 Feet SM90. EMD Mo ftto eWE WFree••r i NE-/ ir• -o FIGURE6 Highway 73 Access Area 8260 Market Street Stanley, Lincoln County, North Carolina ECS Project No. 49:4444 Photo 1: View of the Catawba River (Stream C). Photo 2: View of Stream A. ECS Carolinas, LLP Page 1 7ptc- r r ^'Y . „ ✓ ,J -A � We_i ' �'� it � • `�'" 'T`�'�'S` J � `:_'ii �. tit •� ;�aK Emails from Bryan Tompkins of USFWS DAVIS & FLOYD UM 1954 Wilson Hunter From: Tompkins, Bryan <bryan-tompkins@fws.gov> Sent: Friday, March 17, 2017 2:41 PM To: Wilson Hunter Subject: Re: Hwy 73 Access Area Boat Ramp Follow Up Flag: Flag for follow up Flag Status: Flagged Hey Wilson. Thanks for the information. I took a few minutes and looked over the project site. I found a recent file for maintenance work on the bridge adjacent to the site. It appears there was some survey work, associated with the bridge project, completed at the site in 2014. No federally listed species were found during the surveys. After reviewing some images of the site, it doesn't appear that the site has any suitable habitat for federally listed species that are known to occur in the area. Because the site has been surveyed in the recent past and there is no suitable habitat for federally listed species, we believe this proposed activity will not have any adverse effects on federally listed species. For this reason, we believe the requirements under section 7(c) of the Act have been fulfilled. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect endangered or threatened species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the action. We recommend that Duke Energy install proper measures to control stormwater run-off and erosion at the site. The use of stormwater wetlands and swales has proved to be an efficient way to handle stormwater from impervious areas of the project. We also recommend that Duke Energy use native seed mixes when re -planting disturbed areas. This project provides a good opportunity to incorporate beneficial pollinator plantings/gardens into the design. Pollinators, such as most bees, some birds and bats, or other insects, including moths and butterflies, play a crucial role in the reproduction of flowering plants and in the production of most fruits and vegetables. Declines in wild pollinators are a result of loss, degradation, and fragmentation of habitat and disease; while declines in honey bees has also been linked to disease. The implementation of measures to increase habitat and diversity for pollinators at the project site would be greatly appreciated. If you need additional information or if I can be of assistance, please do not hesitate to contact me. Thanks and have a great weekend! Bryan Tompkins US Fish and Wildlife Service 160 Zillicoa Street Asheville, North Carolina 28801 828/258-3939 ext.240 (office) 828/450-7586 (cell) NOTE: This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act (FOIA) and may be disclosed to third parties. On Fri, Mar 17, 2017 at 12:50 PM, Wilson Hunter <whunterna,davisfloyd.com> wrote: Bryan, The Lat/Long of the site is: 35.427436 -80.957666 Please check what you can. Thanks! Wilson DAVIS & FLOYD EiiiE 18i� Wilson Hunter PROJECT MANAGER 1319 Highway 72/221 East, Greenwood, SC 29649 O. (864) 229-52111 F. (864) 229-7844 E. whunter@davisfloyd.com I www.davisfloyd.com -CONFIDENTIALITY NOTICE - The information and all attachments contained in this email message are for the use of the intended recipients only. If you are not an intended recipient, please be advised that any use, dissemination, distribution, or copying of this email is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone or return email, and delete this email message and all attachments from your system. Wilson Hunter From: Tompkins, Bryan <bryan_tompkins@fws.gov> Sent: Wednesday, March 22, 2017 11:30 AM To: Wilson Hunter Subject: Hwy 73 Access Area Boat Ramp Follow Up Flag: Follow up Flag Status: Flagged Wilson, Hey Wilson. Great to talk with you today. Thanks for the information. I took a few minutes and looked over the project site. I found a recent file for maintenance work on the bridge adjacent to the site that provided some additional information. The project area proposed for clearing/tree removal, and the area adjacent to the site, contains potential suitable habitat for northern long-eared bat (Myotis septentrionalis), which is currently federally listed as a threatened species. The clearing of trees for construction of the project, parking areas, staging areas, etc. could impact suitable maternity roost trees for northern long-eared bats. However, no known maternity roosts or hibernacula sites are within 30 -miles of the project site. According to the new 4(d) rule implemented for the listing of northern long-eared bat, a cutting moratorium of June 1 -July 31 should be observed within areas of habitat for this species. Because: 1) the project site is over 30 -miles away from the nearest known occurrence; and 2) there is a large amount of suitable habitat adjacent to the site and in the surrounding area, we believe the probability of "take" that could occur from this project is discountable. Therefore, we believe a "may affect, not likely to adversely affect" determination for northern long-eared bat on the project is appropriate. We recommend the cutting moratorium of June 1 -July 31 be implemented into the plans if possible. Though the "not likely to adversely affect" determination is not dependent on this action, the cutting moratorium is a measure that can be implemented to further reduce the probability of "take" of this species. It appears there was some survey work, associated with an adjacent bridge project, completed at the site in 2014. No federally listed species were found during the surveys. We believe the proposed project will not have any adverse effects on federally listed species and a "no effect" determination is appropriate for all other federally listed species that occur in Lincoln County. For the reasons indicated above, we believe the requirements under section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We recommend that Duke Energy install proper measures to control stormwater run-off and erosion at the site. The use of stormwater wetlands and swales has proved to be an efficient way to handle stormwater from impervious areas of the project. We also recommend that Duke Energy use native seed mixes when re -planting disturbed areas. This project provides a good opportunity to incorporate beneficial pollinator plantings/gardens into the design. Pollinators, such as most bees, some birds and bats, or other insects, including moths and butterflies, play a crucial role in the reproduction of flowering plants and in the production of most fruits and vegetables. Declines in wild pollinators are a result of loss, degradation, and fragmentation of habitat and disease; while declines in honey bees has also been linked to disease. The implementation of measures to increase habitat and diversity for pollinators at the project site would be greatly appreciated. appreciate the opportunity to review this project and provide comments. If you need additional information or if I can be of assistance, please do not hesitate to contact me. Bryan Tompkins US Fish and Wildlife Service 160 Zillicoa Street Asheville, North Carolina 28801 828/258-3939 ext.240 (office) 828/450-7586 (cell) NOTE. This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act (FOIA) and may be disclosed to third parties.