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HomeMy WebLinkAbout20181163 Ver 1_401 Application_20180820Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 8/20/2018 7:54:51 PM (Start Event) Accept by Montalvo, Sheri A 8/21/2018 12:48:24 PM (Non DOT Initial Review) The task was assigned to Montalvo, Sheri A. The due date is: August 23, 2018 5:00 PM 8/20/2018 7:56 PM DWR Dfutston of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) January 31, 2018 Ver 2.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs. deq. nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30. pdf A. Processing Information County (or Counties) where the project is located:* Columbus Is this project a public transportation project?* r Yes G No This is any publicly funded by rrunicipal,state or federal funds road, rail, airport transportation project. 1a. Type(s) of approval sought from the Corps:* PF Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* r% Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) This form may be Corps to initiate the standard/individual permit process. Please contact your Corps representative for submittal of standard permits. All required items that are not provided in the E -PCN and be added to the miscellaneous upload located at the bottom of this form. Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments NWP Number Other: List all WV nun-bers you are applying for not on the drop dow n list. 1c. Type(s) of approval sought from the DWR:* check all that apply 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express r Non -404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit * 1d. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: b Yes b No O Yes a No 1e. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? V so, attach the acceptance letter from mitigation bank or in -lieu fee program r Yes r No 1f. Is the project located in anyof NC's twenty coastal counties?* r Yes r No 1h. Is the project located in a designated trout watershed?* r Yes r No Link to trout information: http://wuwv.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Kelly Roth, McAdams Company 1b. Primary Contact Email:* roth@mcadamsco.com 1c. Primary Contact Phone:* (xxx)xxx-xxxx (919)361-5000 1d. Who is applying for the permit? Pr Owner r- Applicant (other than owner) r7 Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: Carolina Power and Light Co. 2b. Deed book and page no.: 539/937 2c. Responsible party: (for Corporations) Brett Padgett (Duke Energy Progress) 2d. Address Street Address P.O. Box 14042 Address Line 2 City St. Petersburg Pbstal / Zip Code 33733 2e. Telephone Number: (xxx)xxx-xxxx 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address:* State / Ptovince / Fbgion FL Country United States Breft.Padgett@duke-energy.com ...... ...... ..... ...... 4. Agent/Consultant (if applicable) 4a. Name: Kelly Roth 4b. Business Name: (if applicable) McAdams Company 4c. Address Street Address 2905 Meridian Parkway Address Line 2 aty Durham Rbstal / Zip Code 27713 4d. Telephone Number: (919)361-5000 (XXX)XXX-XXXX Fax Number: (919)631-2269 (XXX)XXX-XXXX Email Address:* roth@mcadamsco.com State / Province / Region NC Country USA Agent Authorization Letter* Rease provide the Agent Authorization Letter if you are subnitting this docurrent. 05_AgentAuth_BPadgett_WhitevilleOps_20180522.pdf 44.54KB FlLETYPE M -5T BE RDF C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* Duke Energy Whiteville Operations Center 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/town: * Whiteville 1d. Driving directions* r it is a new project and can not easily be found in a GPS mapping system Reese provide directions. Take the Union Valley ebt from US -74 and turn south on Union Valley Road. After 0.2 mile, turn right onto US -74 Business W/US-76 Business W. In 0.2 mile the destination will be on your right. 2. Project Identification 2a. Property Identification Number: (tax PN or parcel ID) 082473 2b. Property size: (in acres) 16.23 2c. Project Address Street Address 3524 Chadbourn HM Address Line 2 City Whiteville Postal / Zip Code 28472 2d. Site coordinates in decimal degrees State / Province / Region NC Country US Please collect site coordinates in decimal degrees. Use betvveen 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 34.337247 -78.765529 ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Juniper Creek 3b. Water Resources Classification of nearest receiving water:* C;SW Surface Water Lookup 3c. What river basin(s) is your project located in?* Lumber River Basin Lookup 4. Project Description 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The existing Duke Energy Whiteville Operations Center, including an office building and laydown yard, comprises the southwest portion of the subject property. The remainder of the property is forested. Land use in the vicinity of the project area consists of residential, light industrial and agricultural uses. Please refer to the attached USGS Location Map (Figure 1), Columbus County Soil Survey Map (Figure 2) and Subject Property Aerial Map (Figure 3) for more information on the project setting. 4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Click the upload button or drag and drop files here to attach docurrent 07_DKE18170_Figure 1 USGS.pdf 1.42MB File type rust be pdf 4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Click the upload button or drag and drop files here to attach docurrent 08_DKE18170_Figure 2 Soil Survey.pdf 1.34MB File type rrust be pdf 4d. List the total estimated acreage of all existing wetlands on the property: 0.153 4e. List the total estimated linear feet of all existing streams on the property: (internittent and perennial) 0 4f. Explain the purpose of the proposed project:* The purpose of the proposed project is to expand the existing operations center facility by adding a training yard adjacent to the existing laydown yard. 4g. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed project consists of expanding the existing operations center by adding an approximately 150'x 150' training yard adjacent to the northwest side of the existing gravel laydown yard. The proposed training yard will consist of an approximately 80'x 80' grass area in the center. The remaining area surrounding the grass center will be gravel. Swales will be installed adjacent to the training yard to divert stormwater flows from the yard. Construction of the yard and associated stomwater swales will result in impacts to jurisdictional wetlands. The attached Overall Wetland Impact Map (Figure 4) depicts the overall project plan view, and Inset 1 shows details of the proposed impact areas. Heavy equipment typical for road construction, utility installation and grading will be used to construct the proposed project such as track hoes, bulldozers, dump trucks and graders. 4h. Please upload project drawings for the proposed project. Click the upload button or drag and drop files here to attach docurrent DKE18170_Figure 3 Existing Conditions_v5.pdf 1.53MB DKE18170-ECl-1 - Erosion Control Plan - Stage 1 - Area A.pdf 911.74KB DKE18170-EC1-2 - Erosion Control Plan - Stage 1 - Area B & Area C. pdf 1.26MB DKE18170-EC2-3 - Grading and Erosion Control Plan - Stage 2 - Area A.pdf 1.03MB DKE18170-EC2-4 - Grading and Erosion Control Plan - Stage 2 - Area B & Area C.pdf 1.27MB File type rrust be pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved Corps AID Number: Exanple: SAW -2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: C Unknown f N/A Kelly Roth McAdams Company 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Tom Charles of the USACE conducted an on-site jurisdictional determination on August 14, 2018. A signed preliminary jurisdictional determination has not been received at this time. 5dl. Jurisdictional determination upload Click the upload button or drag and drop files here to attach docurrent File type rust be FDF 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?* r Yes t: No r Unknown 7. Future Project Plans 7a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): V Wetlands r Streams -tributaries r Buffers r- Open Waters r- Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Site # - Reason for impact* 2b. Impact type * 2c. Type of wetland * 2d. Wetland name *2e. 2f. Type of 2g. Impact Forested* Jurisdicition* area* Inset 1 -fill P Nbp label (e.g. Fbad Crossing 1 - Culvert, Permanent (F) or dewatering, etc) Temporary (T) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.073 2g. Total Wetland Impact 0.073 2h. Comments: Pine Flat A Yes Both 0.073 (404, 10) or 0✓VR(401, (acres) other) E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* The applicant requested a delineation of surface waters to avoid and minimize impacts to these resources to the maximum extent practicable. Impacts will be necessary to create a connection between the existing laydown yard and the proposed training yard. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* A Sediment and Erosion Control Plan for the project will be developed and approved by DWR, and the project will comply with the supplementary NPDES Construction Stormwater Permit (NCG010000). 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? r Yes t: No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This project does not require compensatory mitigation because impacts to jurisdictional features have been minimized as much as possible and are less than 0.10 acre. F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: The project is in the Lumber basin, which is not covered by NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes C' No To look up low density requirement click here 15A NCAC 02H .1003(2). 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state - approved local government stormwater program?* r Yes F No Fant: projects that have vested rights, exemptions, or grandfathering from state or locally irrplerrented storrnwater programs or projects that satisfy state or locally-irrplerrented stormwater prograrrs through use of com7unity in -lieu programs should answer no to this question. 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters. * f Stormwater Management C•' Antidegradation Plan Calculations 3b. Stormwater Management Plan: If submitting a SMP for review and approval, it shall complywith the high-density development requirements set forth in 15A NCAC 02H .1003. Include all appropriate stormwater control measure supplemental forms and associated items. Click the upload button or drag and drop files here to attach docurrent HLElYFE MAST BE FDF 3c. Antidegradation Calculations: If submitting calculations to document the project will not cause degradation of downstream surface waters, the documentation shall include a detailed analysis of the hydrological impacts from stormwater runoff when considering the volume and velocity of stormwater runoff from the project built upon area and the size and existing condition of the receiving waterbody(ies). Click the upload button or drag and drop files here to attach docurrent DKE1 8170-DAl -Drainage Area Map.pdf 1.15MB FILE TYPE UBT BE FDF G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* f Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H.0500), Isolated Wetland Rules (15A NCAC 2H.1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)? * r Yes r No 2b. Is this an after -the -fact permit application?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The proposed project is an expansion of an existing Duke Energy operations center. It is not anticipated that this project will result in additional development that would impact downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated by the development will be sent to the Columbus County sanitary sewer system. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8?* f Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes G No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS IPaC web tool (https://ecos.fws.gov/ipac/) and the NC Natural Heritage Program Data Explorer (http://ncnhde.natureserve.org/content/map) were accessed on May 14, 2018 to determine if the project would impact Endangered Species or Designated Critical Habitat. An official species list for the project area was generated using the USFWS IPaC regulatory review tool. The official species list identified the red - cockaded woodpecker (Picoides borealis), the wood stork (Mycteria americana), American alligator (Alligator mississippiensis), Cooley's meadowrue (Thalictrum cooleyi) and rough -leaved loosestrife (Lysimachia asperulaefolia) as federally listed species that may occur within the project area. There are no critical habitats within the project area. There is no suitable habitat for red -cockaded woodpecker, wood stork, or American alligator within the project area. There is suitable habitat for Cooley's meadowrue and rough -leaved loosestrife in the section of the powerline ROW in the southeast portion of the site. The proposed activities will not affect this portion of the site; therefore, it is believed that no adverse impacts to threatened and endangered species and their known habitat will occur due to the construction of the proposed project. USFWS and NHP letters and a species conclusion table are attached at the end of this application. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA Essential Fish Habitat (EFH) Mapper (http://vmw.habitat.noaa.gov/protection/efh/efhmapper/) was accessed on August 15, 2018. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* After McAdams' request for an environmental review of the proposed project, NC SHPO issued a letter on June 18, 2018 indicating that they are aware of no historic resources which would be affected by the project. 7c. Historic or Prehistoric Information Upload Click the upload button or drag and drop files here to attach docurrent 2018-06-18 rcvd from SHPO - ER 18-1126.pdf 95.99KB File rrust be FDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FIRM Map Number 3720027100J, effective 6/2/2006 Miscellaneous Miscellaneous attachments not previously requested. Click the upload button or drag and drop files here to attach docurrent DKE18170_Species List_ Raleigh Ecological Services Field Office.pdf 182.73KB NCNHP project_report_duke_energy_whiteville_oper_12417_12417.pdf 642.53KB speciesconclusiontable.pdf 141.16KB File rrust be RDF or KNE Signature V By checking the box and signing below, I certify that: ■ I have given true, accurate, and complete information on this form; ■ I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND ■ I intend to electronically sign and submit the PCN form. Full Name:* Kimberly Bunnell Signature Date Submitted: 8/20/2018 Initial Review Is this project a public transportation project?* (? O Yes r No Change only if needed. Has this project met the requirements for acceptance in to the review process?* r Yes r No BIMS # Assigned * 20181163 Version#* 1 Reviewing Office Wilmington Regional Office - (910) 796-7215 Select Project Reviewer* Chad Coburn:eads\cccoburn Is a payment required for this project?* r No payment required f Fee received r Fee needed - send electronic notification What amout is owed? r $240.00 * $570.00 NCNHDE-6023 May 14, 2018 Kelly Roth McAdams 2905 Meridian Parkway Durham, NC 27713 RE: Duke Energy Whiteville Operations Center; DKE-18170 Dear Kelly Roth: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database , indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. If a Federally-listed species is found within the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance (https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37). The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is documented in the “Potential Occurrences” the NCNHP recommends contacting the USFWS for guidance (https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37). Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or Federally-listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Duke Energy Whiteville Operations Center Project No. DKE-18170 May 14, 2018 NCNHDE-6023 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Dragonfly or Damselfly 33739 Somatochlora georgiana Coppery Emerald 2004-Pre H?5-Very Low ---Significantly Rare G3G4 S2? No Natural Areas are Documented Within a One-mile Radius of the Project Area No Managed Areas are Documented Within a One-mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on May 14, 2018; source: NCNHP, Q2 April 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 Powered by TCPDF (www.tcpdf.org) Page 3 of 3 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 June 18, 2018 Kelly Roth McAdams 2905 Meridian Parkway Durham, NC 27713 Re: Expand Duke Energy Whiteville Operations Center, 216 Sweet Farm Road, Whiteville , DKE-18170, Columbus County, ER 18-1126 Dear Ms. Roth: Thank you for your letter of May 8, 2018, 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, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona M. Bartos 0 MCADAMS AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Property Owner Parcel IDs: 082473 Property Owner Name: Carolina Power and Light Co. Property Owner Address: P.O. Box 24042, St. Petersburg, FL 33733 Property Owner Phone: 910-520-7693 Project Name: Whiteville Operations Center Project Number: DKE-18270 Project Manager: Brandon Finch Attn: Tom Charles Attn: Karen Higgins US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Re: Wetlands Related Consulting and Permitting To Whom It May Concern: NC Division of Water Resources 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 I hereby designate and authorize The John R. McAdams Company, Inc. to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources to enter upon the property herein described for the purpose of conducting on-site investigation and issuing a determination associated with Water of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by The John R. McAdams Company, Inc. staff. Brett Padgett Print Property Owner nature Date creating experiences through expenence 2906 Meridian Parkway. Durham, NC 1919.361. 5000 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2018-SLI-0744 Event Code: 04EN2000-2018-E-01622 Project Name: Duke Energy Whiteville Operations Center 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 species' life histories and habitats and information on completing a biological assessment or May 14, 2018 05/14/2018 Event Code: 04EN2000-2018-E-01622   2    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/windenergy/) 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/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/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. 05/14/2018 Event Code: 04EN2000-2018-E-01622   3    Attachment(s): ▪Official Species List 05/14/2018 Event Code: 04EN2000-2018-E-01622   1    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 05/14/2018 Event Code: 04EN2000-2018-E-01622   2    Project Summary Consultation Code:04EN2000-2018-SLI-0744 Event Code:04EN2000-2018-E-01622 Project Name:Duke Energy Whiteville Operations Center Project Type:DEVELOPMENT Project Description:Proposed expansion of existing facility Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/34.33725703826877N78.7649824787246W Counties:Columbus, NC 05/14/2018 Event Code: 04EN2000-2018-E-01622   3    Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME STATUS Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered Wood Stork Mycteria americana Population: AL, FL, GA, MS, NC, SC No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8477 Threatened Reptiles NAME STATUS American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 Similarity of Appearance (Threatened) 1 05/14/2018 Event Code: 04EN2000-2018-E-01622   4    Flowering Plants NAME STATUS Cooley's Meadowrue Thalictrum cooleyi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3281 Endangered Rough-leaved Loosestrife Lysimachia asperulaefolia No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2747 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Species Conclusions Table Project Name: Duke Energy Whiteville Operations Center Date: June 1, 2018 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Red-cockaded woodpecker (Picoides borealis) No suitable habitat present No effect Habitat assessment indicates no potential habitat present (site is lacking an open understory and mature pines; natureserve.org) Wood stork (Mycteria americana) No suitable habitat present No effect Habitat assessment indicates no potential habitat present (site is lacking freshwater marshes, swamps, ponds, lagoons, etc.; natureserve.org) American alligator (Alligator mississippiensis) No suitable habitat present No effect Habitat assessment indicates no potential habitat present (site is lacking fresh or brackish marshes, ponds, lakes, rivers, canals, swamps, and large spring runs; natureserve.org) Cooley’s meadowrue (Thalictrum cooleyi) Potential habitat present and no current survey conducted May affect, not likely to adversely affect Habitat assessment indicates potential habitat within periodically maintained powerline easement. Area of potential habitat will not be impacted by proposed project. Rough-leaved loosestrife (Lysimachia asperulaefolia) Potential habitat present and no current survey conducted May affect, not likely to adversely affect Habitat assessment indicates potential habitat within periodically maintained powerline easement. Area of potential habitat will not be impacted by proposed project. Critical habitat No critical habitat present No effect Bald eagle (Haliaeetus leucocephalus) Unlikely to disturb nesting bald eagles No Eagle Act Permit Required No nest within action area or vicinity Northern long-eared bat Suitable habitat present May affect Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the Northern Long- Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project-specific section 7 responsibilities. 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. _______________________/Environmental Consultant 6/1/2018 Signature /Title Date