20060645 Ver 1_COMPLETE FILE_20060411

Mr. Jon Wise
Duke Energy
526 South Church Street
Charlotte, NC 28201-1006
Michael F. Easley,
William G. Ross Jr., S
North Carolina Department of Environment and Natural Re
Y ,w
Alan W. Klimek, P.E. I
p, Division of Water
May 11,
jA A
?. ,.{' DWQ# 06-
?.?,???az TGntac?i Stokes Cc
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Wise:
Duke Energy has our approval, in accordance with the attached conditions, to place permanent fill in 70 linear
feet of perennial stream and in 200 linear feet of intermittent stream order to construct a landfill located on
Craig Road within the boundaries of the Belews Creek Steam Station, in Stokes County near Walnut Cove, as
described in your application received by the Division of Water Quality (DWQ) on April 11, 2006. After
reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3402, which can be viewed on our web site at
http://www.ncwaterquality.orgjwetlands.html. This Certification allows you to use Nationwide Permit
Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other
applicable federal, state or local permits before you proceed with your project, including (but not limited to)
those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the
General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you may be required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this
project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear
feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval
to be valid, you must follow the conditions listed in the attached certification, as well as the additional
conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Amount Approved Plan Location or Reference
Streams 270 linear feet Unnamed tributary to West Belews Creek at the Belews Creek
Steam Station in Stokes County as depicted on the site plan
included with the application

W- ` Carolina
Ntura!!y
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet htto://www.ncwaterguality.org
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
[on Wise
2, DWQ# 06-0645
11, 2006
Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the North Carolina water quality standards
that are applicable to Class C waters as described in 15A NCAC 02B.0211 Fresh Surface Water Quality
Standards For Class C Waters. Such measures must equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must
be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor
owned and leased borrow pits, which are associated with this project.
--Sediment and erosion control measures- shall not be-placed in-wetlands-or waters-to-the maxirnum-extent-
practicable. If placement of sediment and erosion control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
project is completed or, if applicable, within six months of the date that the project is released by the
North Carolina Division of Land Resources.
4. No waste, spoils, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control "Best
Management Practices" shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
5. All construction activities associated with this project shall minimize built-upon surface area, direct
stormwater runoff away from surface waters, and incorporate best management practices to minimize
water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in
contact with surface waters until it has cured. If any stormwater must be collected for discharge into a
stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as
sheet flow prior to entering the riparian buffer on either side of the stream.
6. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" o'notify NCDWQ- When alI Work included in the §40rCertificatiori has been comp-leted.
This certificate should be returned to the Wetlands/401 Certification Unit of the NC Division of Water
Quality at the address listed on the form.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
Mr. Jon Wise
x Page 3, DWQ# 06-0645
May 11, 2006
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-
771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
r Pr?
Alan W. Klimek, P.E.
AWK/cdl
Attachments
cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
DWQ, Winston-Salem Regional Office
Central Files
Wetlands/401 File Copy
Mr. Joey Lawler, S&ME, Inc., 9751 Southern Pine Boulevard, Charlotte, NC 28273-5560
,? wQ ?z?d?a ? ys
i
® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: John Thomas, Permit Coordinator
Raleigh Office, U.S. Army Corps of Engineers @
P?D?
V 1f Do
FROM: Ron Linville, Regional Coordinator MAY 1 0 2006 Habitat Conservation Program
DATE: April 12, 2006
DENR - WATEk QUALITY
WETL "*")' A"") 5 T Q,31'AVATER BRANCH
SUBJECT: Duke Power Company, Craig Road Ash Landfill, Unnamed Tributary West Belews
Creek in Roanoke River Basin, Action ID: 200421105, Stokes County
Duke Power Company (DPC) is requesting a letter of concurrence from the North Carolina Wildlife
Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) are familiar with habitat
values in the area. The NCWRC is authorized to comment and make recommendations which relate to
the impacts of this project on fish and wildlife pursuant to Clean Water Act of 1977, North Carolina
Environmental Policy Act, US National Environmental Policy Act, Endangered Species Act (16 U. S. C.
1531-1543; 87 Stat 884), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661-667d) and/or Federal License of Water Resource Project Act (Federal Power Act-16 U.S.C. 791a et
seq.) as applicable.
The proposed project involves impacting 270 linear feet of stream of which 70 feet are indicated to be
perennial. Both intermittent and perennial streams are indicated to be three (3) to four (4) feet wide. This
fill is indicated to be necessary for continued disposal of ash by-products of power generation. Previous
impacts to jurisdictional waters are not indicated in the application.' It may be possible that impacts may
have occurred due to ongoing disposal practices. Project proponents indicate that 50' intermittent and
100' perennial stream buffers will be provided on remaining streams. Belews Lake provides warm water
fishing and water sports recreation. Waters from the lake flow to the Dan River. Records exist for the
presence of several state and federal listed animal species in Stokes County and the Dan River. The
following list includes Endangered (E), Threatened (T), Significantly Rare (SR), and/or Species of
Concern (SC) found in the Dan River area:
Common Name Scientific Name State Status Federal Status
Freshwater Fishes
Bigeye jumprock (Scartomyzon ariommus) SC
Cutlips minnow (Exog/ossum maxil/ingua) E
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
i
DPC - Craig Road Landfill
-Page 2 -
Orangefin madtom (Notorus gilbern) E SC
Riverweed darter (Etheostoma podostemone) SC -
Roanoke hogsucker * (Hypentelium roanokense) SR -
Rustyside sucker (Thobumia hamiltoni) E -
* Historical record for East Belews Creek
Mollusks
Green floater (Lasmigona subviridis) E SC
James spinymussel (Pleurobema collina) E E
Notched rainbow (Villosa eonstricta) SR -
April 12, 2006
The Dan River and the animals that live in the river are public resources of high value. Dan River aquatic
habitat is considered by the Natural Heritage Program as a significant natural heritage area, and the Non-
Game Section of the NCWRC has identified this river as one of six high priority areas for long term
conservation. It is likely that the lake impoundment has altered aquatic life, and in particular Endangered,
Threatened, Special Concern, and Significantly Rare species and associated host species due to the
elimination of stream and wetland habitats.
The aforementioned aside and based on our knowledge of the current project area, we do not believe this
fill will cause significant effects to waters or aquatic habitats in the immediate project area as the site is
upstream of Dan River habitats and within the Belews Creek Lake impoundment. Accordingly, we will
not object to the project as proposed since listed species aren't indicated for the disposal area. The
following suggestions are provided for any benefit they may provide to the company or to the
environment:
1. Stream buffers proposed should be permanently protected as undisturbed forested
conservation easements to provide and enhance wildlife habitat.
2. If feasible and practicable to reroute the stream using state-of-the-art natural channel
methodologies, consideration should be given to that option.
3. Prior to renewal of any land filling permits or additional fill of jurisdictional waters and/or
wetlands, DPC should pursue opportunities for ash by-product reuse or other beneficial by-
product uses. Reuse or beneficial use should reduce the need for future fill. It is our
understanding that similar by-products have been tested and found acceptable for making
bricks. Is there potential for ash by-product to be used in the making of cement blocks,
bricks, or other products such as pervious pavement? Is the material suitable for agronomic
use?
If previous jurisdictional impacts have occurred, further mitigation considerations may be
appropriate.
5. If any water quality or aquatic habitat concerns are known for this arm of Belews Lake that
stormwater management practices could improve, stormwater controls should be further
evaluated.
In conclusion, we will not object to issuance of the permit. The information about the Dan River basin is
provided for educational purposes as the power plant and lake is located upstream of the Dan River.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336-769-9453.
Cc: Daryl Lamb, DWQ-WSRO
Matt Gantt, DLR-WSRO
Triage Check List
Date: 5/03/06 Project Name: Craig Road Ash Landfill
DWQ#: 06-0645
County: Stokes
Daryl Lamb, Winston-Salem Regional Office
To:
60-day processing time: 5/03/06 - 7/01/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
1-1
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
I
Letter of Transmittal
S&ME, Inc.
9751 Southern Pine Blvd. (28273)
P.O. Box 7668
Charlotte, NC 28241-7668
[phone]
[phone] fax
S&-M--E
ENGINEERING - TESTING
ENVIRONMENTAL SERVICES
DATE: 4.28.06 JOB NO: 1356-03-544
ATTENTION: IAN MCMILLAN
RE: Belews Creek NWP-39, Duke Energy
?U C)tv14 S

NC DENR/Division of Water Quality - Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Attn: Ian McMillan
WE ARE SENDING YOU
? Shop drawings
? Copy of letter
? Attached ? Under separate cover via'
? Prints ? Plans ? Samples
? Report ?
the following items:
? Specifications
COPIES DATE NO DESCRIPTION
1 1 Check for $200.

THESE ARE TRANSMITTED AS CHECKED BELOW:
? For approval
? As requested
? FORBIDS DUE: I_
? For your use
? For review and comment ?
? PRINTS RETURNED AFTER LOAN TO US
REMARKS: IAN - this was the original check I sent in with the application (I got it sent back to me). Since then, we
have sent another in for $275 to cover the balance. Now you should have both. Thanks- J
MAY 3 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
COPY TO:
SIGNED:
IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE.
This Letter of Transmittal and the documents accompanying this Letter of Transmittal contain information from S&ME, Inc., which is confidential and legally
privileged. The information is intended only for use of the individual or entity named on this Letter of Transmittal. If you are not the intended recipient, you
are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on these documents is strictly prohibited.
S&ME SFG-001
(Rev. 04/04)
Letter of Transmittal 9751 S Inc.
9751 Southern Pine Boulevard
Charlotte, North Carolina 28273
704.523.4726
Fax: [phone]
D 6 - DLo4S
North Carolina Division of Water Quality
To: 401 Wetlands Unit
2321 Crabtree Boulevard, Suite 250
Location: Raleigh, North Carolina 27604-2260
Attn: Mr. Ian McMillan
From: Joey Lawler I
Date: 4.20.06
Project: Duke Energy - Belews Creek
6mnibaro lok?h
Knoxvills . a ??iar.,
S.vimiUi bhQ.ilk ., • Fay?tbnll?
• Sporfonborp a.Wiiminpwn
Micnlc . Columbia
chad"lon

WE ARE SENDING YOU: ® Attached ? Under a Separate cover via: the Following Items:
? Maps ? Prints ? Plans ? Samples ? Report
? Copy of Letter ® Other CHECK FOR BALANCE DUE
COPIES DATE DESCRIPTION
1 4/20/06 CHECK FOR $275
THESE ARE TRANSMITTED AS CHECKED BELOW:
? For Your Approval ? For Review and Comment
? For Your Use ? For Bids Due:
Comments:
S&ME Proposal Number: Signed:
same
This Letter of Transmittal and the documents accompanying this Letter of Transmitta
contain information from S&ME, Inc., which is confidential and legally privileged. Th
information is intended only for the use of the individual or entity named on this Letter o
Transmittal. If you are not the intended recipient, you are hereby notified that an
disclosure, copying, distribution or the taking of any action in reliance on these document
is strictly prohibited.
Ptr-KROWIRP
APR 2 1 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
?0? Vv n t r9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
CID r AF North Carolina Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
2 0 0 6 0 6 4 5 April 19, 2006
Stokes County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
S&ME, Inc.
Attn: Joey Lawler - ?
9751 Southern Pine Boulevard
Charlotte, North Carolina 28273-5560
Subject Property: Craig Road Ash Landfill
Application Permitting Fee _
REQUEST FOR MORE INFORMATION `
Dear Mr. Lawler:
On April 11, 2006 the Division of Water Quality (DWQ) received your application dated April 10, 2006,
to impact 270 feet of perennial and intermittent streams to construct the proposed Craig Road Ash
Landfill. The DWQ has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to process your
application to impact protected wetlands and/or streams on the subject property. Therefore, unless we
receive five copies of the additional information requested below, we will have to move toward denial of
your application as required by 15A NCAC 2H.0506. Please provide the following information so that
we may set up and review your project.
Additional Information Requested:
1. Application Permitting Fee
You have proposed impacts to streams, to perennial and intermittent streams totaling 270 If The
fact that a portion is aquatically unimportant does not remove the linear footage from the overall
impact. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation
requiring payment of a fee for all 401 applications. The fee for applications is $200 for projects
impacting less than an acre of wetland and less than 150 linear feet of streams. For projects
impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. We are
returning your check for fee correction.
2. Agent Authorization
DWQ requires the name of an individual shown as "Owner/Applicant" to enter the project into
the database. The signature on the letter of authorization supplied within the project is not
legible.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: hnp:Hh2o.enr.state.nc.us/ncwetlands
None Carolina
Ntura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing. If we do not
hear from you within three weeks, we will assume that you no longer want to pursue this project and we
will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ljd
Enclosures: Check #11433 for $200
cc: Duke Energy, 526 South Church Street, Charlotte, North Carolina 28201-1006
File Copy + Check Copy
Filename: DukeEoergy_CraigAshLandTill(Stokes)_Fee request
Bank of America ` 66-1s 01143
of North Carolina, NA 530
Charlotte, NC 28255
S&ME
9751 Southern Pine Boulevard 4/10/06 20
Charlotte, North Carolina 28273
[phone]
PAY two hundred DOLLARS AND 00/100 CENTS $ **200.00**
NC Division of Water Duality
Mail Service Center 1650 auo rH u 1 oa.oo
TO THE
ORDER Raleigh, NC 27699-1650
OF
11'01143311' 1:0530001961: 30 3 7 6 5 48 111'
[Fwd: Duke Energy]
Subject: [Fwd: Duke Energy]
From: Ian McMillan <[e-mail]>
Date: Wed, 19 Apr 2006 15:11:11 -0400
To: Laurie J Dennison <[e-mail]>
Subject: Duke Energy
From: "Joey Lawler" <[e-mail]>
Date: Wed, 19 Apr 2006 15:10:12 -0400
To: <[e-mail]>
Thomas Guchine
Content-Type: message/rfc822
!Duke Energy'
Content-Encoding: 7bit
1 of 1 4/19/2006 3:37 PM

S&ME
0 80 6 4 5
April 10, 2006
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Attention: Mr. John Thomas, Regulatory Specialist
Reference: Nationwide Permit 39
Craig Road Ash Landfill
Stokes County, North Carolina
S&ME Project No. 1356-03-544
USACE ID No. 200421105
Dear Mr. Thomas:

t MIS
z
.

S&ME, Inc. (S&ME) is pleased to submit this application for impacts to jurisdictional waters of
the U.S. in accordance with U.S. Army Corps of Engineers (USACE) Nationwide Permit (NWP)
39. S&ME has designed the project on behalf of our client, Duke Energy, who will be
considered the applicant for this permit. Please find enclosed the following:
• A completed Pre-Construction Notification (PCN);
• Letter of Authorization to Act as Agent;
• Appropriate Figures: Site Vicinity Map (Figure 1); USGS Topographic Map (Figure 2);
Existing Site Conditions (Figure 3); Site Map (Figure 4); Stream Impact Detail (Figure
5); and Cross-Section A-A' (Figure 6);
• Protected Species Assessment, Copies of Agency Scoping Letters and Responses;
• A check for $200.00 (North Carolina Division of Water Quality - DWQ).
S&ME, Inc. [phone]
9751 Southern Pine Blvd. [phone] fax
Charlotte, North Carolina 28273-5560 www.smeinc.coni
.-----Z
Nationwide Permit 39 S&ME Project No. 1356-03-544
Craig Road Ash Landfill April 10, 2006
Project Background
The subject property is an approximate 101-acre tract of land located on either side of Craig
Road, east of Belews Creek in Stokes County, North Carolina (36° 16' 15" N, 80° 04'0811 W -
Figure 1). The site is a portion of Duke Energy's Belews Creek Steam Station (BCSS) property,
and consists almost entirely of wooded land. The study area is proposed for development as an
ash landfill that is required for continued operation of the plant. Provided below is a list of
pertinent information relating to the site and the permit applicant:
Applicant: Duke Energy
Mailing Address: 526 South Church Street
Charlotte, NC 28201-1006
Attention: Mr. Jon Wise
Telephone Number: 704.373.4188
Address of Project: Either side of Craig Road, east of Belews Creek in
Stokes County, North Carolina
Closest Waterway: UT to West Belews Creek (Stream Index No. 22-27-9-(3)
Class C waters
River Basin: Roanoke
County: Stokes
Coordinate Location of Site: 36.26915° N, 80.07218° W
USGS Quadrangle: Belews Lake, NC
The location of the property is depicted by the Site Vicinity Map (Figure 1), the appropriate
portion of the 1991 Belews Lake, NC USGS Topographic Map (Figure 2). Existing Site
Conditions are depicted by Figure 3.
S&ME conducted a jurisdictional delineation of the property in March 2004. The jurisdictional
boundaries were subsequently surveyed and mapped by a Registered Land Surveyor. The map
2
P
Nationwide Permit 39 S&ME Project No. 1356-03-544
Craig Road Ash Landfill April 10, 2006
was submitted to the USACE Raleigh field office and approved on November 8, 2004 (USACE
ID No. 200421105).
Purpose and Need
The proposed project will provide space for the ash by-products that are currently generated at
BCSS. The existing ash landfill is approaching capacity and can not accommodate the volume
of ash currently generated at BCSS. The proposed project includes clearing and grading the site
to construct an ash landfill, an associated haul road and best management practices (BMP)
facilities. In accordance with the PCN requirements, we are submitting the enclosed PCN and
accompanying support materials pursuant to the issuance of NWP-39 and State General Water
Quality Certification (WQC) 3402.
Existing Conditions
The project area is currently wooded. Generally, ridges and uplands are characterized by scrub
pine (Pinus virginiana) in the canopy with a subcanopy of hardwoods including white oak
(Quercus alba), northern red oak (Q. rubra), sourwood (Oxydendrum arboretum), red maple
(Acer rubrum), and Eastern red cedar (Juniperus virginiana). Herbaceous vegetation in upland
areas was characterized by spotted wintergreen (Chimaphila maculata), downy oat grass
(Danthonia sericea), rattlesnake plantain (Goodyera pubescens), and Japanese honeysuckle
(Lonicera japonica). Steep slopes and lower areas are predominantly vegetated with deciduous
hardwood species in the canopy, including white oak, black oak (Q. velutina), and American
beech (Fagus grandifolia).
3
I -
Nationwide Permit 39 S&ME Project No. 1356-03-544
Craig Road Ash Landfill April 10, 2006
The following jurisdictional waters were identified in the project area:
Table 1: On-site Stream Length
Stream Approximate Stream Length - Linear Feet (If7
Identification Perennial (If) Intermittent (If) Total (If)
SA 0 318 318
SG 347 200 547
SH 772 60 832---l
On May 11, 2004, S&ME conducted a site visit with Ms. Andrea Wade of the USACE's Raleigh
Regulatory Field office for review of streams within the project area. With respect to Stream SG
(a portion of which will be impacted by the proposed project), Ms. Wade determined that
approximately 200 linear feet was intermittent and aquatically insignificant (unimportant), while
the remainder was perennial, and therefore aquatically significant (important). Accordingly, Ms.
Wade concluded that compensatory mitigation would not be required by the USACE as a result
of the proposed impacts to Stream SG (approximately 701f of perennial channel and 2001f of
intermittent, unimportant channel). Streams SA and SG are completely avoided by the proposed
proj ect.
Jurisdictional wetlands identified within the project area were limited to one riparian area
(Wetland 1) adjoining a short segment of Stream SH. Wetland 1 is approximately 0.09 acre
(3,898 sf). The proposed project, however, completely avoids impacts to Wetland 1.
Proposed Impacts
Project plans involve development of the project area as an ash landfill. Elements of the project
will include clearing and preparing the site to receive ash generated at BCSS. Permanent,
project-wide stream impacts are identified in Table 2 below:
4
Nationwide Permit 39 S&ME Project No. 1356-03-544
Craig Road Ash Landfill April 10, 2006
Table 2: Permanent Stream Impacts (NWP-39)
Stream . Impacted Channel (If)
ID Perennial Intermittent
SA 0 0
SG 70 200
SH 0 0
Total: 70 200
There will be no impacts to Wetland 1. The proposed permanent project impacts are depicted in
Figures 5 and 6.
Avoidance and Minimization
Based on the location of on-site streams and wetland, the proposed land fill was sited such that the
least amount of impacts to jurisdictional areas would occur. The proposed project has been
designed to avoid and minimize impacts to waters of the U.S. to the maximum extent practical.
While nearly 1,7001f of stream are located within the project area, extensive modification of the
site design have allowed the project-wide impacts from the current and all previous phases to
remain limited to 701f of perennial stream and 200 if of intermittent stream.
The project has been designed in accordance with the conditions of the applicable NWP and the
corresponding State General Water Quality Certifications. Accordingly, no wastes, spoils, solids
or fills will be placed within wetlands, waters or riparian areas beyond the limits of those
depicted in this PCN application. During construction, measures will be utilized to limit the
impacts identified above. These measures include: 1) the use of siltation barriers and sediment
traps; 2) the use of barricades identifying construction limits such that unnecessary removal of
mature trees does not occur; 3) regular inspection and maintenance during construction; and 4)
pre-construction meetings.
Nationwide Permit 39 S&ME Project No. 1356-03-544
Craig Road Ash Landfill April 10, 2006
Appropriate sediment and erosion control practices equaling those outlined in the most recent
version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will
be required as part of the project specifications governing the proper design to comply with
appropriate turbidity water quality standards. Sediment and erosion control measures placed in
waters will be removed and the original grade restored within two months after the Division of
Land Resources has released the project.
The proposed work should not cause degradation of area water- quality. As a proactive measure,
the proposed project has been designed such that 50-foot vegetated buffers are to remain in place
along remaining intermittent streams, and 100-foot vegetated buffers along perennial streams.
The use of these extensive vegetated buffers, along with the additional water quality measures
undertaken as part of the project, should allow downstream water quality to remain unaffected.
Protected Species and Historic Properties
To comply with general condition 11, S&ME conducted an assessment of potential protected
species habitat and vegetative community assessment in the proposed project area. The
assessment included a review of existing records obtained from the North Carolina Natural
Heritage Program (NCNHP) database, which provided listings of protected species for Stokes
County. Additionally, S&ME conducted a field reconnaissance for the assessment of vegetative
communities and general habitat types within the project area. Habitat characteristics were based
on plant species composition, location in the landscape, evidence of disturbance, and hydrology.
In addition to the field and database review, S&ME submitted scoping letters requesting
comments to the U.S. Fish and Wildlife Service (USFWS) and the NCNHP. In a letter dated
February 13, 2004, the NCNHP responded that there are no known populations of protected
species within the study area, but that a field review should be conducted to confirm the absence
of protected species. In a letter dated March 4, 2004, the USFWS responded with a request that
a field review for protected plant species be performed, and that the results of the field review be
submitted to the USFWS for review. A field review of the study area has been performed, and
6
Nationwide Permit 39 S&ME Project No. 1356-03-544
Craig Road Ash Landfill April 10, 2006
the results provided to the USFWS in an April 5, 2004 report. The complete findings of our
assessment have been attached to this PCN. The USFWS responded with a May 27, 2004 letter
that indicated the Section 7 requirements of the project have been satisfied.
In summary, no appropriate habitat for protected terrestrial animal species was identified during
field review. Potential habitat for one federally protected plant species was assessed in the study
area, located in Stokes County, North Carolina. None of the listed species were observed in the
study area during the field assessment. Although limited areas of potential habitat were observed
for Schweinitz's sunflower, intensive field review of these areas did not reveal individuals of this
species. Considering the limited amount of potential habitat in the project area, the likelihood
that protected species are present in the study area is remote. Consequently, the proposed project
is not anticipated to result in adverse direct impacts to protected species.
As a proactive measure, the proposed project has been designed such that 50-foot vegetated
buffers are to remain in place along intermittent streams, and 100-foot vegetated buffers along
perennial streams. The use of these extensive vegetated buffers, along with the additional water
quality measures undertaken as part of the project, should ensure that downstream water quality
remains unaffected, and adequately protect receiving waters considered possible habitat for the
James Spinymussel.
In addition to potential direct impacts to protected species, consideration has also been given to
potential indirect and cumulative impacts. The proposed project is not a growth-inducing
project, and does not involve upgrades to the BCSS that would result in an increased capacity or
ability to generate power. Rather, the proposed project will provide space for the ash by-
products that are currently generated at BCSS. The existing ash landfill is approaching capacity
and can not accommodate the volume of ash currently generated at BCSS.
To comply with general condition 12, S&ME also provided a scoping letter to the North Carolina
State Historic Preservation Office (SHPO) regarding potential historic or cultural sites that may
be affected by the proposed project. SHPO responded with a March 12, 2004 letter stating that
they were aware of no cultural resources that would be affected by the proposed project.
7
Nationwide Permit 39 S&ME Project No. 1356-03-544
Craig Road Ash Landfill April 10, 2006
Copies of the scoping letters and agency responses have been included with this PCN
application.
Mitigation and Stormwater
Appropriate mitigation for the proposed project includes extensive avoidance and minimization
procedures implemented during the design phase. The proposed project involves impacting
approximately 70 if of perennial stream, and incorporates the extensive use of buffers to
completely avoid impacts to additional on-site streams. Accordingly, we do not anticipate that
our client will be required to provide additional mitigation, since avoidance and minimization
efforts have been undertaken in the planning process, and total impacts from this project are
well- below the generally-accepted threshold of 1501f of "mitigatable" stream associated with
NWT-39.
The project as proposed does not require approval of a stormwater management plan by DWQ.
The project area covers approximately 101 acres, and will result in negligible construction of
impervious surfaces. Stormwater from the site will be directed to a primary BMP approved by
the North Carolina Division of Environment and Natural Resources (NCDENR) Solid Waste
Section. Accordingly, DWQ does not require site-specific stormwater management, since the
total impervious acreage of the site is less than 30 percent, and there are no concentrated areas of
impervious surface within the project area.
Nationwide Permit 39 S&ME Project No. 1356-03-544
Crag R,:)ad Ash Landfill April 10, 2006
Closing
By copy of this correspondence and completed PCN, we are requesting your concurrence with
this NWP 39 permit application. If we can provide additional information or answer questions
you may have, please feel free to contact us.
Sincerely,
S&ME, Inc.
oey L r
Natural Resources Project Manager
top er J.L. tahl, P.E.
Senior Engineer
JoL/CJS//jol
Attachments:
Pre-Construction Notification (PCN);
Letter of Authorization to Act as Agent;
Figures;
Copies of scoping letters and agency responses; and
A check for $200.00 (DWQ).
C. Cyndi Karoly, DWQ
Ron Linville, North Carolina Wildlife Resources Commission
9
Pre-Construction Notification
Office Use Only: Form Version March 05
00
r v
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N/A
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ? N/A
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ? N/A
II. Applicant Information
1. Owner/Applicant Information
Name: Duke Energy
Mailing Address: 526 South Church Street ?` 4 fit}
Charlotte, NC 28201-1006
Telephone Number: 704.373.4188 Fax Number: see agent
E-mail Address: n/a
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
3.
Name: Joey Lawler
Company Affiliation: S&ME, Inc.
Mailing Address: 9751 Southern Pine Boulevard
Charlotte, North Carolina 28273-5560
Telephone Number: 704-523-4726
E-mail Address: [e-mail]
Fax Number: 704-525-3953
Page 1 of 10
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Craig Road Ash Landfill
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 698200642716
4. Location
County: Stokes Nearest Town: Belews Creek
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Pine Haul Road,
enter main gate of Duke Power Belews Creek Steam Station. Report to Visitor Office
and receive instructions to access site.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.26915° N, 80.07218° W
6. Property size (acres): Approximately 101 acres
7. Name of nearest receiving body of water: UT to W. Belews Creek (DWQ No. 22-27-9-(3)
Class C
8. River Basin: Roanoke
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The project area is currently wooded. Generally, ridges and uplands are characterized
by scrub pine (Pinus virginiana) in the canopy with a subcanopy of hardwoods
Page 2 of 10
including white oak (Quercus alba), northern red oak (Q. rubra), sourwood
(Oxydendrum arboretum), red maple (Acer rubrum), and Eastern red cedar (Juniperus
virginiana). Herbaceous vegetation in upland areas was characterized by spotted
wintergreen (Chimaphila maculata), downy oat grass (Danthonia sericea), rattlesnake
plantain (Goodyera pubescens), and Japanese honeysuckle (Lonicera japonica). Steep
slopes and lower areas are predominantly vegetated with deciduous hardwood species
in the canopy, including white oak, black oak (Q. velutina), and American beech (Fagus
grandifolia).
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project plans involve development of the subject property as an ash
landfill. Elements of the project will include clearing and preparing the site to receive
ash generated at BOSS. Industry-standard earth-moving equipment will be used to
construct the project.
11. Explain the purpose of the proposed work:
The proposed project will provide space for the ash by-products that are currently
generated at BCSS. The existing ash landfill is approaching capacity and can not
accommodate the volume of ash currently generated at BCSS. The proposed project
includes clearing and grading the site to construct an ash landfill and an associated
haul road. In accordance with the Pre-Construction Notification (PCN) requirements,
we are submitting the enclosed PCN and accompanying support materials pursuant to
the issuance of NWP-39 and State General Water Quality Certification (WQC) 3402.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies. of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
S&ME conducted a jurisdictional delineation of the property in March 2004. The
jurisdictional boundaries were subsequently surveyed and mapped by a Registered Land
Surveyor. The map was submitted to the USACE Raleigh field office and approved on
November 8, 2004 (USACE ID No. 200421105).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Page 3 of 10
It is not anticipated that this phase of the project will result in additional impacts to
jurisdictional waters, and will not require additional USACE permits. If future phases of
the landfill require additional impacts, they will be properly permitted at that time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The proposed Craig Road Ash Landfill will result in permanent impacts to approximately 70
If of perennial stream and approximately 2001f of intermittent, aquatically-unimportant
stream. No wetland impacts will occur.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.

Wetland Impact
Type of Wetland Located within

lUU-year
Distance, to
Arca of
Site Number Type of impact (e.g., forested, marsh, ,
Floodplain`. Nearest Stream Impact
(indicate on map) - herbaceous, bog, etc.)
. (yeS1IIU): (linear feet) (acre)
N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acre) 0
3. List the total acreage (estimated) of all existing wetlands on the property:
0.09 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Page 4 of 10
w r
impacts to PerennialStream
Average Stream Width Before Impact Area of
Stream Impact ID Stream Name Type of Impact Impact Length Impact
linear feet acre
Stream SG UT Fill placement 4 70 0.001
Inipa is to Intermitteat'Stream
Stream SG UT Fill placement 3 200 0.01
Cumulatively, the project will result in impacts to 70 if of perennial stream and 200 if of
intermittent stream.
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc
Open ?l atcr. Type of Wale bOdN area of
Impact Name of Waterhody Type of Impact
Y? lake -estuu sound bay,
pond, ? ' lm act
P
,S46Aumber (if applicable) ocean, etc.) '(acres)
indicate on ma p).'
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.01
Wetland Impact (acres): 0.00
Open Water Impact (acres): 0.00
Total Impact to Waters of the U.S. (acres) 0.01
Total Stream Impact (linear feet): 270
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE. N/A
8. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Page 5 of 10
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond:
Size of watershed draining to pond: N/A
N/A
Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed project has been designed to avoid and minimize impacts to waters of the
U.S. to the maximum extent practical. While nearly 1,700 If of stream are located within
the project area, extensive amendments to the final design have allowed the cumulative,
project-wide impacts to remain limited to less than 70 If of perennial stream and 2001f of
intermittent stream. On-site wetlands are avoided.
The project has been designed in accordance with the conditions of the applicable NWP
and the corresponding State General Water Quality Certification. Accordingly, no wastes,
spoils, solids or fills will be placed within wetlands, waters or riparian areas beyond the
limits of those depicted in this PCN application. During construction, measures will be
utilized to limit the impacts identified above. These measures include: 1) the use of siltation
barriers and sediment traps; 2) the use of barricades identifying construction limits such
that unnecessary removal of mature trees does not occur; 3) regular inspection and
maintenance during construction; and 4) pre-construction meetings.
Appropriate sediment and erosion control practices equaling those outlined in the most
recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" will be required as part of the project specifications governing the proper design
to comply with appropriate turbidity water quality standards. Sediment and erosion
control measures placed in waters will be removed and the original grade restored within
two months after the Division of Land Resources has released the project.
The proposed work should not cause degradation of area water quality. As a proactive
measure, the proposed project has been designed such that 50-foot vegetated buffers are to
remain in place along intermittent streams, and 100-foot vegetated buffers along perennial
streams. The use of these extensive vegetated buffers, along with the additional water
quality measures undertaken as part of the project, should allow downstream water quality
to remain unaffected.
Page 6 of 10
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Impacts have been avoided and minimized to the maximum extent practicable.
Appropriate mitigation for the proposed project includes avoidance and minimization
procedures implemented during the design phase of the proposed project. The
proposed project involves impacting less than 701f of perennial stream, and
incorporates extensive buffering of remaining on-site streams. We do not anticipate
that our client will be required to provide additional compensatory mitigation since
avoidance and minimization efforts have been undertaken in the planning process, and
total impacts to "mitigatable" waters of the U.S. are well within the threshold of NWP-
39.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
Page 7 of 10
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.ne.us/M/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): Not Required
Amount of Riparian wetland mitigation requested (acres): Not Required
Amount of Non-riparian wetland mitigation requested (acres): Not Required
Amount of Coastal wetland mitigation requested (acres): Not Required
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ? N/A
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? N/A
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify _ )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Page 8 of 10
_
Zone* jiupact

(square feet
Multiplier Required

mitigation,
1 N/A 3 (2 for Catawba) N/A
2 N/A 1.5 N/A
Total N/A N/A N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
The project as proposed does not require approval of a stormwater management plan by
DWQ, since the total impervious acreage of the site is less than 30 percent, and there are no
concentrated areas of impervious surface within the property.
XII. Sewage Disposal (required by DWQ)
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.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
Page 9 of 10
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
httn://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
project is not considered growth-inducing. Further, the project will be constructed in
compliance with the applicable general, specific and regional conditions of NWP-39. As
such, cumulative and secondary impacts are not anticipated.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
None
D
pPlieant gent Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10
Letter of Authorization
To Act as Agent
To: Nis. Andrea. Wade Letter of Authorization
iJ'.S_ Army Corps of Engineers
Raleigh Regulatory Field Office To Act As Agent
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Proiect Information
Action ID: NA County: Stokes
Project Name: Craig Road Ash Landfill
Location: Duke Energy rBelews Creek Steam Station, generally located along either
side of Craig Road, east of Belews Creek, North Carolina (36° 16,151,
N,
80° 04' 08" W).
Applicant ,Information
Property Owner/Applicant:
Address:
Telephone Nurnber:
Anent Information
A,gent Name-
Address:
Duke Energy
526 South Church Street
Raleigh, North Carolina 28203
704.373.4188
S&ME, lue.
9751 Southern Pine Boulevard
Charlotte., North Carolina 28273
Attn: Joey Lawler
Telephone/Fax No. (y) 704523.4726 (f) 704523.4726
Authorization:
I 3C. k 44L on behalf of
(Client Contact Si amre)
?,? e NZ rS,? hereby authorize
Game of Appli )
S&NTE, Inc. to act as agent for the above-mentioned project.
S6c ITE PrOJect NO, !357-03-5Z-'
Z/Z 33VC3 CS64SZSb04:47I 3w ONV S'Woad ZS: t I VO-947-AVPI

l r ? ?
11
i

r
Nest Belews Creek
CRAIG ROAD
?A
ij
ASH LANDFILL
I
W

0 1,500 3,000 6,000
eet
REFERENCE: t®
THE ABOVE GIS DATA WAS OBTAINED FROM ESRI'S STREETMAP DATA SET. PLEASE NOTE THIS DATA IS FOR
INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO, SCALE: ?? - 3,000
GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY
ACTIONS TAKEN BY THE USER BASED UPON
INFORMATION OBTAINED FROM THE ABOVE DATA.
SCALE: 1 = 1 000, FIGURE
NO.
DATE: 04-10-06 VICINITY MAP
DRAWN BY: DMG 0 = - 1
CRAIG ROAD ASH LANDFILL
PROJECT NO: STOKES COUNTY, NORTH CAROLINA
1356-03-544
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Protected Species Assessment,
Copies of Scoping Letters
and Agency Responses
SSME
February 5, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
N.C. Natural Heritage Program
1615 Mail Service Center
Raleigh, N.C. 27699-1615
Attention: Mr. Harry LeGrand, Zoologist
Reference: Request for Comment
Proposed Ash Landfill
Duke Energy .
Stokes County, North Carolina
S&ME Project No. 1356-03-544A
Dear Mr. LeGrand:
S&ME, Inc. (S&ME) is in the process of permitting and site layout for a proposed ash landfill to
be located approximately one mile south of the Belews Creek Steam Station in Stokes County,
North Carolina. The study area is approximately a 100-acre tract of land generally located east
of West Belews Creek, west of East Belews Creek and Craig Road, and north of the Stokes and
Forsyth County boundary. Craig Road extends north and south through the eastern portion of the
proposed site. The study site is currently wooded with abandoned roads that accessed residential
housing which previously existed on site. The location of the study area is depicted on a portion
of the Belews Lake, NC USGS Topographic Map, dated 1991, presented as Figure 1, and a 2003
aerial photograph depicting the project area, presented as Figure 2.
The proposed project entails the clearing of approximately 100 acres of (hardwood and pine)
forested area. The landfill is to serve the Belews Creek Steam Station for disposal of ash by-
products.
SBME, Inc. Mailing address: [phone]
9751 Southern Pine Blvd. I P.O. Box 7668 [phone] fax
Charlotte, North Carolina 28273 Charlotte, North Carolina 28241-7668 www.smeinc.com
Request for Comment S&ME Project No. 1356-03-544A
Proposed Ash Landfill, Stokes County, North Carolina February 5, 2004
The proposed landfill will be comprised of two phases. A 30-foot wide access road is proposed
to be constructed around the perimeter of the project. A perennial stream will separate the two
phases, with a 50-foot buffer separating the stream from the two phases of the landfill. The
project is currently in a conceptual phase until further information can be obtained. Agency
input will assist in the permitting process and layout of the project. To accurately and effectively
address concerns that your agency may have regarding the proposed landfill, we are hereby
requesting that you respond in writing to this request for information. We hope that through
early coordination, we will be able to adequately address the respective concerns of your agency.
If you have concerns that you would like to see addressed please provide us with written
correspondence including: 1) specific concerns the project may pose for your agency; 2) items
which should be considered within the project, and; 3) information you can provide that will
assist S&ME.
Please do not hesitate to contact us if we can provide additional information.
Sincerely,
S&ME, Inc.
--? J G.",Js,e r-?
Suzanne L. Knudsen
Natural Resources Staff Professional
Lisa J. Beckstrom; .W.B., C.E.
Natural Resources Department Manager
Attachments
Scale:
1" = 1760'
Checked by
LJB
Drawn by: SLK
Date:
2-2-04
ENGINEERING - TESTING
ENVIRONMENTAL SERVICES
TOPOGRAPHIC MAP
Proposed Ash Landfill
Stokes County, North Carolina
Job No.: 1356-03-544A
Figure No.
1
0 Approximate limits of study area Source: TopoZone, Copyright ©1999-2003 Maps a La Carte, Inc.
Source Data: USGS 1:50,000 Detail: UTM Zone 17 Datum NADI
0
Scale:
As Shown
Checked by:
UE
Drawn by: SLK
Date:
2-2-04
Approximate limits of study area
Stream channel
Road
Source: Stokes County GIS Website 2003 Aerial Photograph
AERIAL PHOTOGRAPH Figure No.
SM
ENGINEERING - TESTING
ENVIRONMENTAL SERVICES
Proposed Landfill I 2
Stokes County, North Carolina
Job No.: 1356-03-544A
NCDENR
North Carolina Department of Environment and
Michael F. Easley, Governor
February 13, 2004
Ms. Suzanne L. Knudsen
S&ME, Inc.
9751 Southern Pine Blvd.
Charlotte, NC 28273
Subject: Proposed Ash Landfill - Duke Energy; Stokes County
S&ME Project No. 1356-03-544A
Dear Ms. Knudsen:
William G. Ross Jr., Secretary
The Natural Heritage Program has no record of rare species, significant natural communities, or
priority natural areas at the site nor within a mile of the project area. Although our maps do not
show records of such natural heritage elements in the project area, it does not necessarily mean
that they are not present. It may simply mean that the area has not been surveyed. The use of
Natural Heritage Program data should not be substituted for actual field surveys, particularly if
the project area contains suitable habitat for rare species, significant natural communities, or
priority natural areas.
You may wish to check the Natural Heritage Program database website at
<w-ww.ncsparks.net/nhp/search.html> for a listing of rare plants and animals and significant
natural communities in the county and on the topographic quad map. Please do not hesitate to
contact me at 919-715-8697 if you have questions or need further information.
Sincerely,
Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
HEL/hel
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR/
An Equal Opportunity /Affirmative Action Employer- 50 % Recycled 110 % Post Consumer Paper
Natural Resources
NorthCarolina
Naturally
*S&ME
February 5, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, N.C. 28801
Attention: Mr. Brian Cole, State Supervisor
Reference:. Request for Comment
Proposed Ash Landfill
Duke Energy
Stokes County, North Carolina
S&ME'Project No. 1356-03-544A
Dear Mr. Cole:
S&ME, Inc. (S&ME) is in the process of permitting and site layout for a proposed ash landfill to
be located approximately one mile south of the Belews Creek Steam Station in Stokes County,
North Carolina. The study area is approximately a 100-acre tract of land generally located east
of West Belews Creek, west of East Belews Creek and Craig Road, and north of the Stokes and
Forsyth County boundary. Craig Road extends north and south through the eastern portion of the
proposed site. The study site is currently wooded with abandoned roads that accessed residential
housing which previously existed on site. The location of the study area is depicted on a portion
of the Belews Lake, NC USGS Topographic Map, dated 1991, presented as Figure 1, and a 2003
aerial photograph depicting the project area, presented as Figure 2.
The proposed project entails the clearing of approximately 100 acres of (hardwood and pine)
forested area. The landfill is to serve the Belews Creek Steam Station for disposal of ash by-
products.
S&ME, Inc. Mailing address: I [phone]
9751 Southern Pine Blvd. I P.O. Box 7668 [phone] fax
Charlotte, North Carolina 28273 Charlotte, North Carolina 28241-7668 www.smeinc.com
Request for Comment S&ME Project No. 1356-03-544A
Proposed Ash Landfill, Stokes County, North Carolina February 5, 2004
The proposed landfill will be comprised of two phases. A 30-foot wide access road is proposed
to be constructed around the perimeter of the project. A perennial stream will separate the two
phases, with a 50-foot buffer separating the stream from the two phases of the landfill. The
project is currently in a conceptual phase until further information can be obtained. Agency
input will assist in the permitting process and layout of the project. To accurately and effectively
address concerns that your agency may have regarding the proposed landfill, we are hereby
requesting that you respond in writing to this request for information. We hope that through
early coordination, we will be able to adequately address the respective concerns of your agency.
If you have concerns that you would like to see addressed please provide us with written
correspondence including: 1) specific concerns the project may pose for your agency; 2) items
which should be considered within the project, and; 3) information you can provide that will
assist S&ME.
Please do not hesitate to contact us if we can provide additional information.
Sincerely,
S&ME, Inc.

Suzanne L. Knudsen
Natural Resources Staff Professional
t
Lisa 1 Beckstrohr, W.B., C.E.
Natural Resources Department Manager
Attachments

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0 Approximate limits of study area Source: TopoZone, Copyright ©1999-2003 Maps a la Carte, Inc.
Source Data: USGS 1:50,000 Detail: UTM Zone 17 Datum NADI
Scale: TOPOGRAPHIC MAP Figure No.
1' = 1760'
Checked by. LJB Proposed Ash Landfill
-
Drawn by: SLK Stokes County, North Carolina
ENGINEERING • TESTING
Date: ENVIRONMENTAL SERVICES
2-2-041 1 Job No.: 1356-03-544A
0
Approximate limits of study area
Road
Stream channel
Scale:
As Shown
Checked by:
Drawn by: SLK
Date:
2-2-04
Source: Stokes County GIS Website 2003 Aerial Photograp
AERIAL PHOTOGRAPH Figure No.
&M 0 M"
ENGINEERING • TESTING
ENVIRONMENTAL SERVICES
Proposed Landfill
Stokes County, North Carolina
Job No.: 1356-03-544A
2
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
March 4, 2004
Ms. Suzanne L. Knudsen
Natural Resources Staff Professional
S&ME, Inc.
P.O. Box 7668
Charlotte, North Carolina 28241-7668
Dear Ms. Knudsen:
Subject: Proposed Ash Landfill, South of Belews Creek Steam Station, Stokes County, North
Carolina (S&ME Project No. 1356-03-544A)
In your letter of February 5, 2004, you requested our comments on the subject project. We have
reviewed the information you presented and are providing the following comments in accordance
with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C.
661-667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531-1543) (Act).
The proposed project will involve the clearing of about 100 acres of forested (hardwood and
pine) land between West Belews Creek and East Belews Creek. A stream flows down the
approximate middle of the property. The landfill will serve the Belews Creek Steam Station for
the disposal of ash by-products. The proposed landfill will be built in two phases. A 30-foot
wide access road will be built around the perimeter of the project. Two cells will be built, one on
each side of the stream, with a 50-foot buffer along the stream.
You do not present evidence of any surveys of the project area for federally listed species known
from Stokes County. Unless an area has been specifically surveyed for listed species or no
appropriate habitat exists, a survey should be conducted to ensure that these resources are not
inadvertently lost. The use of North Carolina Natural Heritage Program data should not be
substituted for actual field surveys. For more information on appropriate survey times for
protected plant species, please see the table posted on our web site--http://nc-
es fw.gov/plant/optimal survey-windows for plants.html. Once these protected species surveys
have been conducted, please provide us with the results. This should include survey
methodologies; qualifications of the surveyor(s); 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. Enclosed is a list of federally endangered
and threatened species and federal species of concern for Stokes and Forsyth Counties. We have
included Forsyth County because the project is essentially on the county line. In accordance
with the Act it is the responsibility of the appropriate federal agency or its designated
representative to review its activities or programs and to identify any such activities or programs
that may affect endangered or threatened species or their habitats. If it is determined that the
proposed activity may adversely affect any species federally listed as endangered or threatened,
formal consultation with this office must be initiated. Please note that federal species of concern
are not legally protected under the Act and are not subject to any of its provisions, including
section 7, unless they are formally proposed or listed as endangered or threatened. We are
including these species in our response to give you advance notification and to request your
assistance in protecting them.
We are very concerned about the potential impacts this project could have on The creek that
bisects the property. We recommend minimum buffers of 50 feet on intermittent streams and
100 feet on perennial streams.. Buffer minimums s ould be doubled on streams that are known
to contain, or influence waterways-that contain, federally protected- species-.
At this stage of project development and without more specifics about construction locations or
techniques, it is difficult for us to assess potential environmental impacts (direct, indirect, and
cumulative). We therefore recommend that any environmental document prepared for this
project include the following:
1. A complete analysis and comparison of the available alternatives (the build
and no-build alternatives).
2. A description of the fishery and wildlife resources within existing and
required additional rights-of-way and any areas, such as borrow areas, that
may be affected directly or indirectly by the proposed project.
3. The acreage and a description of the wetlands that will be filled as a result of
the proposed project. Wetlands affected by the proposed project should be
mapped in accordance with the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands. We recommend contacting the
U.S. Army Corps of Engineers to determine the need for a Section 404 Clean
Water Act permit. Avoiding and minimizing wetland impacts is a part of the
U.S. Army Corps of Engineers' permitting process, and we will consider other
potential alternatives in the review of any permits.
4. The extent (linear feet as well as discharge) of any water courses that will be
impacted as a result of the proposed project. A description of any streams
r
f
should include the classification (Rosgen 1995, 1996) and a description of the
biotic resources.
5. The acreage of upland habitat, by cover type, that will be eliminated because
of the proposed project.
6. A description of all expected secondary and cumulative environmental
impacts associated with this proposed work.
7. A discussion about the extent to which the project will result in the loss,
degradation, or fragmentation of wildlife habitat from direct construction
impacts and from secondary development impacts.
8. Mitigation measures that will be employed to avoid, eliminate, reduce, or
compensate for habitat value losses (wetland, riverine, and upland) associated
with any phase of the proposed project.
We appreciate the opportunity to provide these comments. If we can be of any assistance or if
you have any questions, please do not hesitate to contact Mr. Allen Ratzlaff of our staff at
8287258-3939, Ext. 229. In my future correspondence concerning this project, please reference
our Log Number 4-2-04-126.
Sincerely,
&4(? P Z'
Brian P. Cole
Field Supervisor
Enclosure

ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND FEDERAL
SPECIES OF CONCERN, STOKES COUNTY, NORTH CAROLINA
This list was adapted from the North Carolina Natural Heritage Program's County Species List. It is a
listing, for Stokes County, of North Carolina's federally listed and proposed endangered, threatened, and
candidate species and Federal species of concern (for a complete list of rare species in the state, please
contact the North Carolina Natural Heritage Program). The information in this list is compiled from a
variety of sources, including field surveys, museums and herbaria, literature, and personal
communications. The North Carolina Natural Heritage Program's database is dynamic, with new records
being added and old'records being revised as new information is received. Please note that this list
cannot be considered a definitive record of listed species and Federal species of concern, and it should
not be considered a substitute for field surveys.
Critical habitat: Critical habitat is noted, with a description, for the counties where it is designated or
proposed.
Aquatic species: Fishes and aquatic invertebrates are noted for counties where they are known to occur.
However, projects may have effects on downstream aquatic systems in adjacent
counties.
COMMON NAME SCIENTIFIC NAME STATUS
STOKES COUNTY
Vertebrates
Orangefm madtom Noturus gilberti FSC
Rustyside sucker Moburnia hamiltoni FSC
Invertebrates
Green floater Lasmigona subviridis FSC
James spinymussel Pleurobema collina Endangered
Diana fritillary butterfly Speyeria Jana FSC*
Vascular Plants
Small-anthered bittercress Cardamine micranihera Endangered
Schweinitz's sunflower Helianthus schweinitzii Endangered
Butternut Juglans cinerea FSC .
Sweet pinesap Monotropsis odorata FSC
KEY:
Status Definition
Endangered A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
FSC A Federal species of concern--a species that may or may not be listed in the future (formerly
C2 candidate species or species under consideration for listing for which there is insufficient
information to support listing).
Species with 1, 2, 3, or 4 asterisks behind them indicate historic, obscure, or incidental records.
*Historic record - the species was last observed in the county more than 50 years ago.
**Obscure record - the date and/or location of observation is uncertain.
***Incidental/migrant record - the species was observed outside of its normal range or habitat.
""Historic record - obscure and incidental record.
November 11, 2003 Page 1 of I
S&IVIE
April 5, 2004
U.S. Fish and Wildlife Services
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
Attention:. Mr. Brian Cole, Field Supervisor
Reference: Protected Species Assessment
Proposed Craig Road Ash Landfill
Belews Creek, North Carolina
S&ME Project No. 1356-03-544
Dear Mr. Cole:
S&ME, Inc. (S&ME), is pleased to submit the results of the Protected Species Assessment
recently performed on a portion of the Belews Creek Steam Station (BCSS) property, owned by
Duke Power (Figure 1). The study area has been proposed for future use as an ash landfill for
the BCSS. The opinions presented in this report are based on information obtained during the
study and our professional experience. This letter summarizes observations made on the date
noted using the procedures described herein, within the subject property outlined in Figure 2.
The study area is a portion of the Belews Creek USGS topographic quadrangle located within
Stokes County, North Carolina (36°15'56"N, 80°04'12"W).
Endangered and threatened species are protected under the Endangered Species Act (ESA) of
1973 (16 USC 1531-1543) and the North Carolina General Statute 113-331 et seq. 106-202.12.
Endangered species are defined as those plants and animals whose prospects of survival are in
immediate danger. Threatened species are those species that may become endangered if
conditions related to their existence continue to deteriorate (e.g., loss of suitable habitat).
S&ME, Inc. I Mailing address: I [phone]
9751 Southern Pine Blvd. P.O. Box 7668 )704) 525-3953 fax
Charlotte, North Carolina 28273 I Charlotte, North Carolina 28241-7668 ::+:+v..srtcee;ac.?.3 n
USFWS Response
BCSS - Proposed Craig Road Ash Landfill
S&ME Project No. 1356-03-544
April 5, 2004
The proposed project involves construction of two landfill cells for ash byproducts generated at
the BCSS. Construction of the landfill cells will involve clearing approximately 100 acres of
wooded land. The purpose of this protected species review and vegetative communities
assessment was to evaluate whether current site conditions are suitable for those protected
species whose presence may be currently or historically documented in Stokes County, and to
provide a general description of vegetative communities identified within the study area.
Scope of Services
S&ME's review of potential protected species habitat and vegetative community assessment in
the study area consisted of three tasks. Task 1 entailed a review of existing records obtained
from federal and state sources to identify documented records of protected species within the
study area. The North Carolina Natural Heritage Program (NCNHP) database was consulted for
a listing of protected species documented within Stokes and Forsyth Counties. Additionally,
scoping letters were submitted to the U.S. Fish and Wildlife Service (USFWS) and NCNHP to
solicit comments on the proposed project. Agency correspondence is attached to this letter
report for your review.
Task 2 involved a field reconnaissance for the assessment of vegetative communities and general
habitat types of the study area. Habitat characteristics were based on vegetation type, location in
the landscape, past disturbances, and hydrologic features.
Task 3 of the assessment consisted of researching protected species identified during the records
search, and comparing the habitats identified in Task 2 with those protected species
requirements.
Study Methods
Prior to the site visit, S&ME personnel reviewed available supporting information including the
1991 Belews Creek, NC USGS Topographic Quadrangle map, and a 2003 aerial photograph
from the Stokes County GIS website. The purpose of reviewing this supporting information was
to characterize drainage, soils and vegetation on the subject property. During site
2
USFWS Response
BCSS - Proposed Craig Road Ash Landfill
S&ME Project No. 1356-03-544
April 5, 2004
reconnaissance, S&ME personnel integrated the information obtained from this supporting
documentation with field evaluation for the presence of protected species or potential protected
species habitat. Portions of the study area that matched descriptions of preferred habitat for
terrestrial protected species listed in Table 1 were classified as potential protected species
habitat. An assessment of potential habitat for terrestrial protected species in the study corridor
was conducted by performing a field review on March 1, 2004.
Additionally, S&ME reviewed the NCNHP Database for records of protected species within
Stokes and Forsyth Counties. The purpose of the search was to identify current and historic
documented occurrences of protected species located within these counties.
Listed species and their respective Federal, State, and County status are identified in Table 1.
Explanations of Federal and State rankings are included at the end of the table.
TABLE 1
PROTECTk SPECIES SUMMARY
Species. Federal Status= St-ate Status Coon ' Status;
Bog turtle T T Forsyth - current
(GI tem s muhlenber ii Stokes - no record
James spinymussel E SR Forsyth - no record
(Pleurobema collina) Stokes - current
Red-cockaded woodpecker E E Forsyth - historic
(Picoides borealis) Stokes - no record
Schweinitz's sunflower E E Forsyth - no record
(Helianthus schweinitzii) Stokes - historic
Small-anthered bittercress E E Forsyth - historic
(Cardamine micranthera) Stokes - current
T = Threatened, E = Endangered, SR = Significantly Rare
Existing Site Conditions and Habitat Characterization
S&ME conducted an inventory of existing site conditions and dominant vegetative community
types in the study area. Photographs of the study areas are included as an attachment to this
report. Vegetative communities in the study area were distinguished by plant species, location in
the landscape, past disturbances and hydrologic characteristics. For the purpose of this report,
USFWS Response S&ME Project No. 1356-03-544
BCSS - Proposed Craig Road Ash Landfill April 5, 2004
only habitats directly within the study area are summarized. These areas would be most likely to
be impacted by the proposed project.
The study area is currently wooded, and is traversed by a paved road that runs approximately
north-south through the eastern portion of the study area. Generally, ridges and uplands are
characterized by scrub pine (Pinus virginiana) in the canopy with a subcanopy of hardwoods
including white oak (Quercus alba), northern red oak (Q. rubra), sourwood (Oxydendrum
arboretum), red maple (Acer rubrum), and Eastern red cedar (Juniperus virginiana). Herbaceous
vegetation in upland areas was characterized by spotted wintergreen (Chimaphila maculata),
downy oat grass (Danthonia sericea), rattlesnake plantain (Goodyera pubescens), and Japanese
honeysuckle (Lonicera japonica).
Steep slopes and lower areas are predominantly vegetated with deciduous hardwood species in
the canopy, including white oak, black oak (Q. velutina), and American beech (Fagus
grandifolia).
An old homesite in the central portion of the study area was dominated by non-native, invasive
species including English ivy (Hedera helix), periwinkle (Vinca minor), and kudzu (Pueraria
lobata).
In addition to these vegetative species, the following animal species were also observed during
the field review: mourning dove (Zenaida macroura), white-tail deer (Odocoileus virginianus),
turkey (Meleagris gallopavo), and squirrel (Sciurus carolinianus).
Protected Fauna
The NCNHP database identified one federally protected species with a documented population
within Stokes County: the James spinymussel (Pleurobema collina). This population is listed as
a current record for Stokes County. The NCNHP database identified two federally protected
species known to occur within Forsyth County: the red-cockaded woodpecker (Picoides
borealis) and the bog turtle (Glyptemys muhlenbergii). The red-cockaded woodpecker is listed
4
USFWS Response
BCSS - Proposed Craig Road Ash Landfill
S&ME Project No. 1356-03-544
April 5, 2004
as a historic record for Forsyth County, indicating that it has not been observed there within at
least the past 20 years. The bog turtle is listed as a current record for Forsyth County. A brief
description of each species and its respective habitat requirements are included below.
James spinymussel - Federally Listed Endangered, State Listed Significantly Rare
The James spinymussel is listed as a current record for Stokes County, and is known from the
Dan River Basin, which includes Belews Lake. This mussel is characterized by a rhomboidal,
convex shell with spines, and is most often found in second or third order channels with a cobble
or sand substrate (Bogan, 2002). The current scope of work did not include field review for
aquatic species; however, it should be noted that mandatory 50-foot buffers will be maintained
along channels and along the edge of the lake within the study area.
Bog Turtle - Federally Listed Threatened, State Listed Threatened
The bog turtle is a habitat specialist that is most commonly found in bogs, swamps, and wet
meadows with grassy cover and full sunlight. This turtle often burrows in the mud and is
considered an elusive species that may be difficult to find. No areas resembling the habitat
requirements for this species were observed in the study area, and it is unlikely that the bog turtle
occurs within the study area.
Red-cockaded woodpecker - Federally Listed Endangered, State Listed Endangered
The red-cockaded woodpecker is a black and white bird measuring approximately seven inches
long. The bird displays black and white horizontal stripes on its back. The cheeks and
underparts are white and the sides are streaked in black. The cap and stripe on the throat and
neck of the bird are black. Male individuals of the species have a small red spot on each side of
the black cap and display a red crown patch after the first post-fledgling molt. The
woodpecker's diet consists primarily of insects and seasonal wild fruit.
The red-cockaded woodpecker's range is closely linked to the distribution of southern pines.
Loblolly and longleaf pines that are 60-plus years old are generally selected for nesting sites.
1 Bogan, A.E., 2002. Workbook and key to the freshwater bivalves of North Carolina. North Carolina Freshwater
Mussel Conservation Partnership, Raleigh, NC 101 pp, 10 color plates.
5
r USFWS Response S&ME Project No. 1356-03-544
BCSS - Proposed Craig Road Ash Landfill April 5, 2004
However, other species of southern pines are sometimes used for nesting. The woodpecker
usually excavates nest cavities in trees infected with a fungus that produces red-heart disease.
Preferred nesting sites generally include relatively open, mature pine stands with an undeveloped
or low understory layer. Foraging habitat is frequently limited to pine or pine-hardwood stands
that are 30 years or older, with a preference for pine trees with a diameter of 10 inches or larger.
The USFWS indicates that the maximum foraging range for the red-cockaded woodpecker is
approximately one-half mile.
The site does not contain suitable nesting and foraging habitat for the red-cockaded woodpecker.
There are no relatively open pine stands with an undeveloped or low understory located within
the site. Accordingly, the proposed project is not expected to impact this species.
Protected Flora
The NCNHP database identified two federally protected plant species with a documented
population within either Stokes County or Forsyth County: the Schweinitz's sunflower
(Helianthus schweinitzii) and small-anthered bittercress (Cardamine micranthera). A habitat
assessment was performed for these species on March 1, 2004. A description of Schweinitz's
sunflower and small-anthered bittercress, and typical habitat associated with each species are
provided below.
Schweinitz's sunflower - Federally Listed Endangered State Listed Endangered
Schweinitz's sunflower is a perennial herb in the aster family that generally grows up to 1.5
meters in height. This plant has tuberous roots, with each stem attached to a single tuberous root.
The stems are scabrous and generally reddish in color. The leaves are soft pubescent below and
scabrous on the upper surface. The ray flowers are yellow, while the disk flowers are purplish.
Schweinitz's sunflower blooms during the month of September. The habitat of Schweinitz's
sunflower is open woods, roadsides, and power line ri ghts-of-way (R/W), often on basic soils
with bare spots or a gravel component. The preferred si.tes are characterized by abundant sunlight
6
< - USFWS Response
BCSS - Proposed Craig Road Ash Landfill
S&ME Project No. 1356-03-544
April 5, 2004
and little competition in the herbaceous layer. This plant is listed as a historic record for Stokes
County.
The edge habitat around the wooded areas, the margins of old logging roads, the road R/W, and
other isolated areas of potential habitat were reviewed for the presence of Schweinitz's
sunflower. No individuals of Schweinitz's sunflower were observed during field review, and it
is unlikely that this plant occurs within the study area.
Small-anthered bittercress - Federally Listed Endangered, State Listed Endangered .
Small-anthered bittercress is a winter annual and a member of the mustard family. It is most
often found in wet areas such as streambanks, seeps, wet rock crevices, and wet woods. This
plant has small white flowers and is characterized by its small anthers.
The proposed project will maintain 50-foot buffers along channels and along the edge of the lake
in the study area. No seeps or wet rock outcroppings were observed in the study area, and it is
unlikely that this plant occurs there.
Results
No appropriate habitat for protected terrestrial animal species was identified during field review.
Potential habitat for one federally protected plant species was assessed in the study area, located
in Stokes County, North Carolina.
None of the listed species were observed in the study area during the field assessment. Although
limited areas of potential habitat were observed for Schweinitz's sunflower, intensive field
review of these areas did not reveal individuals of this species. Considering the limited amount
of potential habitat in the study area, the likelihood that these species are present in the study
area is remote. Consequently, the proposed project is not anticipated to result in adverse direct
impacts to protected species.
In addition to potential direct impacts to protected species, consideration has also been given to
potential indirect and cumulative impacts. The proposed project is not a growth-inducing
USFWS Response
BCSS - Proposed Craig Road Ash Landfill
S&ME Project No. 1356-03-544
April 5, 2004
project, and does not involve upgrades to the BCSS that would result in an increased capacity or
ability to generate power. Rather, the proposed project will provide space for the ash byproducts
that are currently generated at BCSS. The existing ash landfill is approaching capacity and can
not accommodate the volume of ash currently generated at BCSS.
We hope that this letter addresses any concerns you may have regarding the potential for
protected species on the subject property. Should you have any questions or require additional
information, please feel free to contact us at 704.523:4726.
Sincerely,
S&ME, Inc.
CAU"CA) J? Ak,
Catherine McRae
Natural Resources Project Manager
CAMILJB/cam
Attachments: Figure 1: USGS Topographic Map
Figure 2: 2003 Aerial Photograph
Agency Correspondence
Photographs
Qualifications of the Surveyor
Lisa Beckstrom, C.W.B., C.E.
Natural Resources Department Manger
8
Scale:
1" = 1760'
Checked by..
UE
Drawn by: SLK
Date:
2-2-04
ENGINEERING - TESTING
ENVIRONMENTAL SERVICES
USGS TOPOGRAPHIC MAP
Proposed Craig Road Ash Landfill
Belews Creek Steam Station
Stokes County, North Carolina
Proiect No.: 1356-03-544
Figure No.
1
0 Approximate limits of study area Source: TopoZone, Copyright ©1999-2003 Maps a la Carte, Inc.
Source Data: USGS 1:50,000 Detail: UTM Zone 17 Datum NADI
0
Approximate limits of study area
Stream channel
Scale:
As Shown
Checked by:
LJB
Drawn by: SLK
Date:
2-2-04
e0am
ENGINEERING • TESTING
ENVIRONMENTAL SERVICES
Road
Source: Stokes County GIS Website 2003 Aerial Photograph
2003 AERIAL PHOTOGRAPH Figure No.
Proposed Craig Road Ash Landfill
Belews Creek Steam Station
Stokes County, North Carolina
No.: 1356-03-544
Photo 5: Habitat dominated by a deciduous canopy and
relatively flat topography.
03-01-04
Taken by: JoL
Checked by: LJB
Project No. 1356-03-544
Photo 6: Photograph of steep deciduous slopes taken during the
growing season.
Proposed Craig Road Ash Landfill Attachment
Belews Creek Steam Station I
Protected Species Review
Stokes County, North Carolina
Photo 1: Young scrub pine-dominated habitat down to banks
of Belews Lake.
Photo 2: Area with pine canopy and deciduous saplings.
Photo 3: View of deciduous vegetation. Note pines in
background.
Photo 4: Steep topography and deciduous slopes.
. . Y
Qualifications of the Surveyor
Catherine McRae serves as a Project Manager in the Natural Resources Department
of S&ME's Charlotte office. Ms. McRae earned her Bachelor of Science degree in
Biology from the University of North Carolina at Chapel Hill, and her Masters in Biology
from the University of North Carolina at Charlotte. Ms. McRae's five years of experience
in the natural resources field include protected species reviews, environmental
assessments, wetland delineation, stream assessments using USACE and NCDWQ
protocol, habitat management, and prairie, stream and wetland mitigation - and
monitoring.. Ms. McRae's expertise includes plant community identification and
assessment and proficiency in plant keying and the use of technical plant identification
manuals. Her field experience includes prairie, stream, and wetland mitigation and
monitoring and protected species reviews and management, including past work with
species including smooth coneflower (Echinacea laevigata), Schweinitz's unflower
(Helianthus schweinitzh), and dwarf-flowered heartleaf (Hexastylis naniflora). - Ms.
McRae is a member of the Ecological Society of America.
a . • r
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 ZiIlicoa Street
Asheville, North Carolina 28801
May 27, 2004
Ms. Catherine McRae
Natural Resources Project Manager
S&ME, Inc.
P.O. Box 7668
Charlotte, North Carolina 28241-7668
Dear Ms. McRae:
Subject: Protected Species Assessment for a Proposed Ash Landfill, South of Belews Creek
Steam Station, Stokes County, North Carolina (S&ME Project No. 1356-03-544A)
We received your e-mail message of May 7, 2004, in which you forwarded your resume to -us so
that we could review your qualifications for conducting surveys for the federally threatened
Schweinitz's sunflower (Helianthus schweinitzii). We have reviewed the information you
presented and are providing the following comments in accordance with the provisions of
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
In our letter of April 29, 2004, we voiced our concern about a survey being conducted for
Schweinitz's sunflower at a time of year (March 1, 2004) when it would be extremely difficult to
identify. Therefore, we did not concur with your assessment that this project would not affect
Helianthus schweinitzii. We recommended resurveying the project area between late August and
October to ensure that no Schweintz's sunflowers would be impacted. However, based on your
unique expertise with this species, both in academia and as a consultant, we believe you would
have recognized Helianthus schweinitzii had it occurred in the project area. Therefore, we
believe the requirements of section 7 of the Act have been satisfied. We remind you that
obligations under section 7 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 maybe affected by the
identified action.
i
If we can be of any assistance or if you have any questions, please do not hesitate to contact
Mr. Allen Ratzlaff of our staff at 828/258-3939, Ext. 229. In any future correspondence
concerning this project, please reference our Log Number 4-2-04-126.
Sincerely,
Brian P. Cole
Field Supervisor

S&ME
February 5, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
State Historic Preservation Office
4617 Mail Service Center
Raleigh, N.C. 27699-4617
Attention: Mr. David Brook, Deputy State Historic Preservation Officer
Reference: Request for Comment
Proposed Ash Landfill
Duke Energy
Stokes County, North Carolina
S&ME Project No. 1356-03-544A
Dear Mr. Brook:
S&ME, Inc. (S&ME) is in the process of permitting and site layout for a proposed ash landfill to
be located approximately one mile south of the Belews Creek Steam Station in Stokes County,
North Carolina. The study area is approximately a 100-acre tract of land generally located east
of West Belews Creek, west of East Belews Creek and Craig Road, and north of the Stokes and
Forsyth County boundary. Craig Road extends north and south through the eastern portion of the
proposed site. The study site is currently wooded with abandoned roads that accessed residential
housing which previously existed on site. The location of the study area is depicted on a portion
of the Belews Lake, NC USGS Topographic Map, dated 1991, presented as Figure 1, and a 2003
aerial photograph depicting the project area, presented as Figure 2.
The proposed project entails the clearing of approximately 100 acres of (hardwood and pine)
forested area. The landfill is to serve the Belews Creek Steam Station for disposal of ash by-
products.
S&ME, Inc. I Mailing address: I [phone]
9751 Southern Pine Blvd. P.O. Box 7668 [phone] fax
Charlotte, North Carolina 28273 Charlotte, North Carolina 28241-7668 www.smeinc.com
Request for Comment S&ME Project No. 1356-03-544A
Proposed Ash Landfill, Stokes County, North Carolina February 5, 2004
The proposed landfill will be comprised of two phases. A 30-foot wide access road is proposed
to be constructed around the perimeter of the project. A perennial stream will separate the two
phases, with a 50-foot buffer separating the stream from the two phases of the landfill. The
project is currently in a conceptual phase until further information can be obtained. Agency
input will assist in the permitting process and layout of the project. To accurately and effectively
address concerns that your agency may have regarding the proposed landfill, we are hereby
requesting that you respond in writing to this request for information. We hope that through
early coordination, we will be able to adequately address the respective concerns of your agency.
If you have concerns that you would like to see addressed please provide us with written
correspondence including: 1) specific concerns the project may pose for your agency; 2) items
which should be considered within the project, and; 3) information you can provide that will
assist S&ME.
Please do not hesitate to contact us if we can provide additional information.
Sincerely,
S&ME, Inc.

Suzanne L. Knudsen
Natural Resources Staff Professional
Natural Resources Department Manager
i
Lisa J. Beckstr' E.
m .W.B., C
Attachments
t f 7 X
1" = 1760'
Checked by.
LJB
Drawn by: SLK
ENGINEERING • TESTING
Date: ENVIRONMENTAL SERVICES
2-2-04
TOPOGRAPHIC MAP
Proposed Ash Landfill -
Stokes County, North Carolina
Job No.: 1356-03-544A
Figure No.
1
Approximate limits of study area Source: TopoZone, Copyright ©1999-2003 Maps a la Carte, Inc.
Source Data: USGS 1:50,000 Detail: UTM Zone 17 Datum NADI
r
0 Approximate limits of study area
Road
Stream channel
Source: Stokes County GIS Website 2003 Aerial Photograph
Scale: As Shown AERIAL PHOTOGRAPH Figure No.
Checked by. L JB le 0 Proposed Landfill
Drawn by:
SLK ENGINEERING • TESTING Stokes County, North Carolina
Date: ENVIRONMENTAL SERVICES
2-2-04
Job No.: 1356-03-544A

North Carolina Department of Cultural Resources
State Historic Preservation Office
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
Office of Archives and History
March 12, 2004
Lisa j. Beckstrom
Suzanne L. Knudsen
S&ME
P.O. Box 7668
Charlotte, NC 28241-7668
Division of Historical Resources
David L. S. Brook, Director
Re: Ashe Landfill, Duke Energy, about a mile south of Belews Creek Steam Station,
Stokes County, ER04-0419
Dear Ms. Beckstrom and Ms. Knudsen:
Thank you for your letter of February- 5, 2004, concerning the above project.
We have conducted a review of the proposed undertaking and are aware of no historic
resources which would be affected by the project. Therefore, we have no comment on the
undertaking as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation
Act and the Advisory Council on Historic Preservation's Regulations for Compliance with
Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the
above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at
919/733-4763. In all future communication concerning this project, please cite the above-
referenced tracking number.
Sincerely,
7
avid Brook
www.hpo.dcrstate.nc.us
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh, NC 276994617 [phone].733-8653
RESTORATION 515 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh, NC 27699-4617 [phone].715-4801
SURVEY & PLANNING 515 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh, NC 27699-4617 [phone].715-4801