20180537 Ver 3_Phase II B-NW 12 CovLet_20190129

Vaughn & Inelion
Consulting Engineers
January 29, 2019
Mn William Elliott, Regulatory Specialist
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714
Subject: 4041401 Nationwide 12 Permit Application
PSNC Energy — M-64 Natural Gas Pipeline from Forest City to Marion
Phase 1I B — M-64 Natural Gas Pipeline from US 64/1-Judlow Road Intersection in
the Mount Vernon Community to 1-40 (Exit 85) near Marion
Rutherford & McDowell Counties
NCDWR Major Permit Fee: $570
Dear Mr, Elliott:
Vaughn & Melton Consulting Engineers has been retained by PSNC Energy to survey, design,
conduct environmental evaluations, obtain right of way, and permit approximately 39 linear miles
of 12 -inch coated steel natural gas transmission pipeline and approximately 7,400 linear feet of 6 -
inch steel natural gas distribution main in Rutherford and McDowell counties. The pipelines will
be installed by a combination of existing easement, NCDOT encroachment and new pipeline
easement (see attached mapping). The project corridor is approximately 35 to 50 -feet wide, The
proposed project is planned in three phases and each phase has independent utility as determined
by the USA,CE during our meeting conducted on December 20, 2017.
Phase H B begins at the new regulator station near the intersection of Hudlow Road and US 64 in
the Mount Vernon Community and proceeds in a northly direction along NCDOT right of way
along the west and east side of Hudlow Road, then along the west side of US 221 to near the
bridge over the Second Broad River, then on the east side of US 221, then along the west side of
US 221 to the intersection of US 221 and Mudcut Road, then along the south side of Mudcut
Road to the intersection of Old US 221, then along the west side of Old US 221 to a new
regulator station at the intersection of Ashworth Road and Old US 221. Phase 11 B will continue
from the new regulator station approximately 1.4 miles northward along Old US 221 and US 221
with a new 6 -inch steel distribution line to a new regulator station, which will connect to an
existing 6 -inch line near Rockwell Drive northwest of the intersection of US 221 and 1-40 (Exit
85) near Marion. The completion of Phase 11 will tie the transmission/distribution systems
together between Forest City and Marion and provide low cost energy alternatives to many new
potential customers along this 14 -mile route.
I have enclosed an agent authorization letter, PCN application, Preliminary Jurisdictional
Determination Forms and exhibits, permit drawings, SHPO approval letter, NC Division of
Mitigation Services Mitigation Acceptance Letter, plan sheets showing the proposed work,
pipeline construction processlprocedures, a USGS topographical map, and other pertinent
information regarding the project.
Threatened and Endangered Species
I lie US f=ish and Wildlife Service (IISFWS) lists 53 species with federal status for Rutherford
and McDowell Counties (updated 6-27-2018) that are known from current records or were known
to occur in the county historically. The Bald Eagle (Hadiaeetus leucocephalus) was delisted in
August 2007 and is protected by the Bald and Golden Eagle Protection Act (BGPA), which
prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes
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"disturb". The bog turtle (Glyptemys muhlenhergii) is listed as threatened due to similarity of
appearance to the northern bog turtle, Ten species, Carolina northern flying squirrel (G'laucomys
.sahrinus coloratus), Gray bat (Myotic grisescens), Indiana bat (Myosis sodalis), Northern long-
eared bat (NLEB, Myosis septentrionalis), Rusty-patched bumble bee (Bombis affr`nis), Dwarf-
flowered heartleaf (Hexastylis naniflora), Mountain golden heather (Hudsonia montana), Small
whorled pogonia (I.sotria medeoloides), White i.risette (Sisyrinchium dichotomum), and Rock
gnome lichen (Gyrnnoder►na lineare), have current records in the counties and are listed as
threatened or endangered.
A query of the North Carolina Natural Heritage Program database, dated September 21, 2018,
indicates only two known species, Northern long-eared bat and Bog turtle, to occur within 1.0
mile of the project study area.
Bog turtle — Threatened (SIA)
Habitat Description: Bog turtle habitat consists of open, groundwater supplied (springfed),
graminoid dominated wetlands along riparian corridors or on seepage slopes. These habitats are
designated as mountain bogs by the NCNHP, but they are technically poor, moderate, or rich fens
that may be associated with wet pastures and old drainage ditches that have saturated muddy
substrates with open canopies. Plants found in bog turtle habitat include sedges, rushes, marsh
ferns, herbs, shrubs (tag alder, hardhack, blueberry, etc.), and wetland tree species (red maple and
silky willow). These habitats often support spliagnum moss and may contain carnivorous plants
(surtdews and pitcherplants) and rare orchids. Potential habitats may be found in western
Piedmont and Mountain counties from 700 to 4500 feet elevation in North Carolina. Soil types
(poorly drained silt loams) from which bog turtle habitats have been found include Arkaqua,
Chewacla, Dellwood, Codorus complex, Hatboro, Nikwasi, Potomac — lotla complex, Reddies,
Rosman, Tate — Cullowhee complex, Toxaway, Tuckasegee — Cullasaja complex, Tusquitee,
Watauga, and Wehadkee_
Recommended Biological Conclusion: A biological conclusion is nvl required.
Wetland habitat is present within the project study area; however, wetland habitats present in the
project area are not suitable to support bog turtles. A review of the North Carolina Natural
Heritage Program Database conducted on September 21, 2018 indicates no known occurrences
within one mile of the project study area.
Carolina Northern Plying Squirrel — Endangered
Habitat Description: There are several isolated populations of the Carolina Northern flying
squirrel in the mountains of North Carolina. This nocturnal squirrel prefers the ecotone between
coniferous (red spruce, Fraser fir, or hemlock) and mature northern hardwood forests (beech,
yellow birch, maple, hemlock, red oak, and buckeye), typically at elevations above 4,500 feet
mean sea level. In some instances, the squirrels may be found on narrow, north-facing valleys
above 4,000 feet mean sea level. Both forest types are used to search for food and the hardwood
forest is used for nesting sites. Mature forests with a thick evergreen understory and numerous
snags are most preferable. In winter, squirrels inhabit tree cavities in older hardwoods,
particularly yellow birch.
Biological Conclusion: No Ef% ci
This project will not affect the Carolina northern flying squirrel, since suitable high elevation
habitats are not available in the project area. A review of the North Carolina Natural Heritage
Program Database conducted on September 21, 2018 indicates no known occurrences within one
utile of the project study area.
Gray bat — Endangered
Habitat Description: Gray bats roost in caves year around. Most winter caves are deep and
vertical; all provide large volume below the lowest entrance and act as cold air traps. A varietyof
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cave types are used during spring and fall transient periods. In summer, maternity colonies prefer
caves that act as warm air traps with restricted rooms or doomed ceiling that can trap the
combined body heat of thousands of clustered individuals. Gray bats generally do not roost in
trees; however, they have been found roosting in buildings and under bridges.
Rec*onrmended Biological Conclusion: No Effect
There are no caves, bridges, or buildings to be affected by the project. A review of the North
Carolina Natural Heritage Program Database conducted on September 21, 2018 indicates no
known occurrences within one mile of the project study area.
Indiana bat — Endangered
Habitat Description. The range of the Indian bat centers on cavernous limestone regions
in the eastern United States. The Indiana bat has different summer and winter habitat
requirements. Winter habitat is in caves and abandoned mines that usually have standing water
on the Moor. The bats migrate to the winter habitat between September and November; they stay
there with occasional periods of activity until they emerge in mid-March to early May.
I libernation only occurs in regions where winter temperatures are stable and around 40 degrees
Fahrenheit. Suitable summer habitat includes roosting, foraging, and commuting areas. Summer
roosting habitat includes forests and woodlots containing potential roost trees, which have
exfoliating bark, cracks, or crevices in trees (alive or dying) or snags that are > 3 inches diameter -
at -breast height (dbh). Roosting habitat may contain dense or loose aggregates of trees with
variable amounts of canopy closure. (While any tree greater than 3" dbh has the potential to be
Indiana bat summer roosting habitat, solid stands of 3" dbh and smaller trees are not considered
suitable roosting habitat; suitable rousting habitat would generally consist of forest patches with
larger trees also present.) Bridges are occasionally used for roosting by Indiana bats in the
summer.
Foraging habitat consists of forested patches, wooded riparian corridors, and natural vegetation
adjacent to these areas. Commuting habitat includes wooded tracts, tree -lines, wooded
hedgerows, streams or other such pathways that are within or connected to roosting or foraging
areas. Streams that have been stripped of their riparian vegetation do not appear to offer suitable
foraging habitat. Rivers as foraging areas and as migration routes are extremely important to this
species.
Recommended Biological Conclusion: May Affect Not Likely to Adversel}, Affect
Summer habitat for the Indiana bat is present within the project study area including roosting,
foraging, and commuting areas. A review of the North Carolina Natural Heritage Program
Database conducted on September 21, 2018 indicates no known occurrences within one mile of
the project study area. Tree clearing along this gas line corridor will be limited due to the use of
disturbed NCDOT right of way; however, PSNC proposes that any clearing, of forest patch
edges, required for project construction will take place during the winter months if possible.
Although summer habitat may be minimally reduced, because of these clearing activities, it is
anticipated that the remaining quantity of summer habitat in the project vicinity will be suitable to
sustain individuals of this species utilizing this area.
Northern long-eared bat - Threatened
Habitat Description: In North Carolina, the Northern long-eared bat (NLEB) occurs in the
mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina,
NLEB spend winter hibernating in caves and mines. Since this species is not known to be a long-
distance migrant, and caves and subterranean mines do not occur in eastern North Carolina, it is
uncertain whether or where NLEB hibernate in eastern North Carolina. During the summer,
NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead
trees (typically ?3 inches dbh). Males and nonreproductive females may also roost in cooler
places, like caves and mines. This bat also been found, rarely, roosting in structures like barns
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and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses.
Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over
water, and along tree -lined corridors. Mature forests may be an important habitat type for
foraging.
Recommended Biological Conclusion:: May Affect [exempt from c?ffeial Biological Conclusion
based on compliance with the 4(d) Rule.]
Tree clearing along this existing gas line corridor will be limited; however, it would be consistent
with the exemption from incidental take for NLEB as outlined in the Final 4(d) Rule and this part
of Rutherford and McDowell Counties are not in a watershed (Red i- UC's) considered to have
maternity trees and/or hibernation sites for the species. There are known records of NLEB in the
Lake Lure watershed in Rutherford County, which lies approximately 16 miles northwest of the
project area. In addition, there are known records of NLEB in the North Fork Catawba River
watershed, which lies approximately 4.50 miles northeast of the project area near Marion. A
review of the North Carolina Natural Heritage Program Database conducted on September 21,
2018 indicates no known occurrences within one mile of the project study area.
Dwarf -flowered heartieaf— Threatened
Habitat Description: Dwarf -flowered heartleaf is endemic to the western Piedmont and foothills
of North and South Carolina. This herbaceous evergreen is found in moist to rather dry forests
along bluffs; boggy areas next to streams and creek heads; and adjacent hillsides, slopes, and
ravines. Requiring acidic, sandy loam soils, the species is found in soil series such as Pacolet,
Madison, and Musella, among others. Occurrences are generally found on a north facing slope.
Undisturbed natural communities such as Piedmont/Coastal blain Heath Bluff, Dry -Mesio Oak
Hickory Forest, and Mesic Mixed Hardwood Forest hold the most viable occurrences. However,
less viable remnant occurrences are found in disturbed habitats, including logged, grazed, mown,
and residential/commercial developed lands, areas converted to pasture, orchards, and tree
plantations; roadside rights-of-way; and on upland slopes surrounding manmade ponds or lakes,
Recommended Biological Conclusion: No llffect
Suitable habitat does exist in the project corridor; however, a review of the North Carolina
Natural Heritage program Database conducted on September 21, 2018 indicates no known
occurrences in the project corridor or within one mile of the project study area. No Hexastylis
was observed during the field surveys conducted on October 29-30, 2018.
Rock gnome lichen — Endangered
Habitat Description. Rock gnome lichen occurs in high elevation coniferous forests (particularly
those dominated by red spruce and Fraser fir) usually on rocky outcrops or cliff habitats. This
squamulose lichen only grows in areas with a great deal of humidity, such as high elevations
above 5,000 feet where there is often fog, or on boulders and large outcrops in deep river gorges
at lower elevations and along streams. Habitat is primarily limited to vertical rock faces where
seepage water from forest soils above flows only at very wet times. The species requires a
moderate amount of sunlight, but cannot tolerate high-intensity solar radiation. The lichen does
well on moist, generally open sites with northern exposures, but requires at least partial canopy
coverage on southern or western aspects because of its intolerance to high solar radiation.
Recommended Biological Conclusion: No Effect
This project will not affect rock gnome lichen since suitable high elevation habitats are not
available in the project area. A review of the North Carolina Natural Heritage Program Database
conducted on September 21, 2018 indicates no known occurrences within one mile of the project
study area.
Busty -patched bumble bee — Endangered
Historically, the rusty patched bumble bee (RPBB) was broadly distributed across the eastern
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United States, Upper Midwest, and southern Quebec and Ontario in Canada, Since 2000, this
bumble bee has been reported from only 13 states and 1 Canadian province: Illinois, Indiana,
Iowa, Maine, Maryland, Massachusetts, Minnesota, North Carolina, Ohio, Pennsylvania,
Tennessee, Virginia, Wisconsin and Ontario, Canada.
Rusty patched bumble bees live in colonies that include a single queen and female workers. The
colony produces male and new queens in late summer. Queens are the largest bees in the colony,
and workers are the smallest. All RPBB's have black heads, but only the workers and males have
a rusty reddish patch centrally located on the back.
Habitar Description:
The rusty patched bumble bee needs three things: nesting habitat, Floral resources to gather pollen
and nectar, and overwintering habitat. Rusty patched bumble bee nests are typically in
abandoned rodent nests or other similar cavities, one to four feet below ground. Nests are thought
to be typically within 0.6 mile of summer foraging areas. Nests locations are likely be in open
areas or near open areas where it is not heavily forested and not too wet (i.e., not marsh, shrub
wetlands, or wetland forest). Rusty patched bumble bee queens search for nesting sites after
emerging in the spring and the nests are occupied by the colony throughout the active summer
and fall flight period. Bumble bees overwinter in small chambers in loose soil and/or leaf litter
just a few inches below the ground or they use compost or rodent hills/mounds. Overwintering
habitat is often in or near woodlands or woodland edges that contain spring blooming herbaceous
plants, shrubs, and trees, which allows proximity to woodland spring blooming flowers,
particularly spring ephemeral wildflowers, a critical early spring food source. Solitary queens
mate in the fall and overwinter roughly from mid-October through mid-March. Bumble bees
gather pollen and nectar from the flowers of a wide variety of plants, typically within 0.6 mile of
nests.
Recommended Biological Conclusion: No Effect
For projects requiring federal actions, a three-step process is outlined for this species. Step l is to
determine project location. If the project is outside of the Midwest region, then proceed to Step 2.
The study area is outside of the Midwest region. Step 2 is a determination of the potential of the
study area to contain rusty patched bumble bee. A GIS based map shows High Potential Zones,
Low Potential 'Zones, and Historic Range, The study area is within the historic range of this
species. Step 3 outlines procedures for projects in each zone. For projects within the Historic
Range, a conclusion of "rusty patched bumble bee not present" is warranted, and documentation
of this information is included in any report. A review of the North Carolina Natural Heritage
Program database conducted on September 21, 2018 indicate no known occurrences of this
species within 1.0 mile ol'the PSA.
Mountain golden heather — Threatened
Habitat Description: Mountain golden -heather, endemic to the Blue Ridge Mountains of
North Carolina, occurs in Pine-Oak/Heath and Montane Acidic Cliff natural communities
on rock cliffs and shrub bolds at elevations of 2,8004,000 feet above mean sea level. This
needle -leaved perennial shrub prefers exposed, windswept quartzite or mica gneiss ledges in a
sparsely vegetated ecotone between bare rock and sand myrtle -dominated heath balds that merge
into a pine/oak forest. Plants require periodic fire to maintain its suitably open habitat, although
they may survive for a while in areas shaded by pine trees.
Recommended Biological Conclusion: No Effect
Suitable habitat for the mountain golden -heather is not present within the project corridor.
Elevations in the project area do not exceed 1,450 feet above mean sea level. A review of the
North Carolina Natural Heritage Program database conducted on September 21, 2018 indicate no
known occurrences of this species within 1,0 mile of the PSA. In addition, no Pine-Oak/Heath
and Montane Acidic Cliff natural communities on rock cliffs or shrub balds were observe during
field reviews,
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Small whorled pogonia — Threatened
Habitat Description: Sinal) whorled pogonia occurs in young as well as maturing (second to
third successional growth) mixed -deciduous or mixed-deciduous/coniferous forests. It does not
appear to exhibit strong affinities for a particular aspect, sail type, or underlying geologic
substrate. In North Carolina, the perennial orchid is typically found in open, dry deciduous
woods and is often associated with white pine and rhododendron. The species may also be found
on dry, rocky, wooded slopes; moist slopes; ravines lacking stream channels; or slope bases near
braided channels of vernal streams. The orchid, often limited by shade, requires small light gaps
or canopy breaks, and typically grows under canopies that are relatively open or near features like
logging roads or streams that create long -persisting breaks in the forest canopy.
Reconunended Biological Conclusion: No Effect
Suitable habitat is lacking along this existing gas line corridor due to routine maintenance
activities such as mowing. A review of the North Carolina Natural Heritage Program Database
conducted on September 21, 2018 indicates no known occurrences within one mile of the project
study area.
White irisette — Endangered
Habitat Description: White irisette, endemic to tate upper Piedmont of North and South
Carolina, is generally found on the southeast to southwest aspect of gentle to very steep, mid -
elevation mountain slopes in thin -canopied, dry-mesic Basic Oak Hickory Forests that are mature,
successional, or recently logged. Occurrences are also found in open, disturbed sites such as
clearings, woodland edges, roadside embankmentslriglits-of way, and power line rights-of-way.
Known populations occur at elevations between 1,312 and 3,280 feet above mean sea level. The
perennial herb prefers rich, basic soils, probably weathered from amphibolite, which are
intermittently saturated with rain but well drained. The species occurs in a variety of soils,
including the Ashe-Cleveland association; the Cvard-Cowee complex; and Brevard, Cowee,
Fannin, Greenlee, and Hayesville series. It may grow on shallow soil sites where down slope
runoff removed the usual deep litter, humus, or mineral soil layers. Partial shade to direct sun is
preferred, and some form of disturbance (e.g., rowing, clearing, grazing, periodic fire) is
necessary to maintain its relatively open habitat.
Recommended Biological Conclusion: No L,ffeci
Suitable habitat may occur along this existing gas line corridor due to routine maintenance
activities such as mowing; however, elevation in the project corridor varies from 900 feet above
mean sea level to approximately 1450 feet above mean sea level. A review of floe North Carolina
Natural Heritage Program Database conducted on September 21, 2418 indicates no known
occurrences within one mile of the project study area.
Rock gnome lichen -- Endangered
Habitat Description: Rock gnome lichen occurs in high elevation coniferous forests (particularly
those dominated by red spruce and Fraser fir) usually on rocky outcrops or cliff habitats. This
squamulose lichen only grows in areas with a great deal of humidity, such as high elevations
above 5,000 feet where there is often fog, or on boulders and large outcrops in deep river gorges
at lower elevations and along streams, Habitat is primarily limited to vertical rock faces where
seepage water from forest soils above flows only at very wet times. The species requires a
moderate amount of sunlight, but cannot tolerate high-intensity solar radiation. The lichen does
well on moist, generally open sites with northern exposures, but requires at least partial canopy
coverage on southern or western aspects because of its intolerance to high solar radiation.
Recommended Biological Conclusion: No Effect
This project will not affect rock gnome lichen since suitable high elevation habitats are not
available in the project area. A review of the North Carolina Natural Heritage Program Database
conducted on September 21, 2019 indicates no known occurrences within one mile of the project
study area.
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Historic Architecture and Archaeological Resources
This project will not impact any historic properties or archaeological sites eligible for listing on
the National Register of Historic Places. The NC State Historic Preservation Office (SHPO)
issued concurrence letters for historic properties and archaeological resources, dated July 24,
2018 and January 28, 2019, respectively (see attached approval letters in the PCN application).
Impacts to Waters of the United States
Phase 11 B of the project will impact streams and wetlands in the Second Broad River
Watershed (DWR Class: WS -V) in the Broad River Basin (HUC 03050105) and the Goose
Creek (DWR Class; C) and North Muddy Creek (DWR Class: C) watersheds in the Catawba
River Basin (HUC 03050101). There are no stream or wetland impacts along Hudlow Road
between the Mount Vernon Community (end of Phase I1 A) and its intersection with US 221.
The stream and wetland crossings will be a combination of open cuts and directional bores. All
stream crossings will be installed within the 75° to 105° threshold required by DWR and
conducted in compliance with PSNC's pipeline construction process/procedures (see attached).
Directional bores of streams and wetlands are not listed in the permit application impact
tables; however, they are included in the permit drawings, but are not labeled as a permit
site. In the permit drawings, the red line represents "open cut"and the blue line represents
"directional bores".
Permits Requested
Vaughn and Melton, on behalf of PSNC Energy, is hereby requesting authorization under
Section 404 of the Clean Water Act to proceed with the construction project outlined above. By
copy of this letter, I am asking Ms. Andrea Leslie, Mountain Habitat Conservation Coordinator,
of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you
concerning the 404 Nationwide Permit request.
I am also requesting authorization under Section 401 of the Clean Water ,Act from the North
Carolina Department of Environmental Quality, Division of Water Resources (DWR). In
addition. I am asking Ms. Leslie to comment directly to me concerning this pennit request.
If you have any questions or need additional information, please contact me at [phone]
Your early review and consideration will be greatly appreciated.
Sincerely,
%
Mark S. D�
avis
Environmental Specialist
Enclosures
cc: Ms. Karen Higgins, Division of Water Resources, NCDEQ, Raleigh
Ms. Sheri Montalvo, Division of Water Resources, NCDEQ, Raleigh
Ms. Amy Annino, Division of Water Resources, NCDEQ, Asheville
Ms. Andrea Leslie, Mountain Habitat Coordinator, NCWRC. Marion
Mr. Bryan Tompkins, Biologist, US Fish & Wildlife Service, Asheville
Mr. William (Mike) Lewis, PE, Regional Engineer, PSNC Energy, Asheville
Mr. Mark Parris, FLS, Project Manager, Vaughn & Melton, Asheville
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