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HomeMy WebLinkAbout20170925 Ver 2_PCN Form Submission_20190507DR 02*10n of Water R"Ourc" Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20170925 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review 1a. Name of project: Belews Creek Saddle Dike 1 Vegetation Removal 1a. Who is the Primary Contact?* Joyce Dishmon 1b. Primary Contact Email:* joyce.dishmon@duke-energy.com Date Submitted 5/7/2019 Nearest Body of Water Dan River Basin Roanoke Water Classification WS -IV Site Coordinates Latitude: Longitude: 36.31484604 -80.04010773 A. Processing Information County (or Counties) where the project is located: Stokes Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F_ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? V Nationwide Permit (NWP) r- Regional General Permit (RGP) r- Standard (IP) Version# * 2 What amout is owed?* r $240.00 * $570.00 Select Project Reviewer* Sue Homewood:eads\slhomewood 1c. Primary Contact Phone:* (336)623-0238 1c. Has the NWP or GP number been verified by the Corps? 6 Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: rJ 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F- Individual Permit 39 - Commercial/Institutional Developments r- 401 Water Quality Certification - E)press F- Riparian Buffer Authorization 1e. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: f Yes 6 No For the record only for Corps Permit: r Yes 6 % 1f. Is this an after -the -fact permit application?* r- Yes F No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r- Yes r- No Acceptance Letter Attachment 1h. lathe project located in any of NC's twenty coastal counties? f Yes B No 1j. Is the project located in a designated trout watershed? r- Yes r No B. Applicant Information 1d. Who is applying for the permit? F_ Owner rJ Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? r Yes r- No 2. Owner Information 2a. Name(s) on recorded deed: Duke Energy Corporation 2b. Deed book and page no.: Book 0535, Page 0965 2c. Responsible party: 2d. Address Street Address 0 Steam Station Road Address Line 2 City Belews Creek Postal / Zip Code 27009 2e. Telephone Number: (336)632-0238 2g. Email Address:* joyce.dishmon@duke-energy.com 3. Applicant Information (if different from owner) 3a. Name: Joyce Dishmon State / Rovince / Pegion NC Country USA 2f. Fax Number: 3b. Business Name: Duke Energy Corporation 3c.Address Street Address 864 South Edgewood Road Address Line 2 cfty Eden Postal / Zip Code 27288 3d. Telephone Number: (336)623-0238 3f. Email Address:* joyce.dishmon@duke-energy.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) NA 1c. Nearest municipality/ town: Walnut Cove 2. Project Identification 2a. Property Identification Number: 6982-64-2715 2c. Project Address Street Address 0 Steam Station Road Address Line 2 aty Belem Creek postal / Zip Code 27009 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Dan River 3b. Water Resources Classification of nearest receiving water:* WS -Iv 3c. What river basin(s) is your project located in?* Roanoke 3d. Please provide the 12 -digit HUC in which the project is located. 030101030304 4. Project Description and History State / Fravince / Pe9ion NC (buntry USA 3e. Fax Number: 2b. Property size: 6099 State / Rovince / Pagron NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The Belem Creek facility consist of a commercial -industrial area and areas of undeveloped forested and scattered dwellings. The commercial -industrial area is located at the edge of Belem Lake in the west central portion of the facility property. This project is located within the northern portion of the property, at the base of the Belews Lake Saddle Dike 1. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? r Yes r No r Unknown 4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) 5_USGS_Topo.pdf 3.5MB 4e. Attach an 8 1/2X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 3_NRCS_Soils.pdf 4.53MB 4f. List the total estimated acreage of all existing wetlands on the property: 29 4g. List the total estimated linear feet of all existing streams on the property: 124980 4h. Explain the purpose of the proposed project:* The project purpose is to remove approximately 12 trees and root balls to maintain the structural integrity of the dam and for visual inspections by NC Dam Safety. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Typical construction equipment including dump trucks, excavators, etc. will be used. 4j. Please upload project drawings for the proposed project. Layout_ XS_update.pdf 284.53KB Plan_View.pdf 515.89KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5dl. Jurisdictional determination upload 4_WOTUS.pdf 6. Future Project Plans Wood (formerly Amec Foster Wheeler) Wood Formerly Amec Foster Wheeler 4.41 MB 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): V Wetlands r Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts !a. Site #* (?) 2al Reason(?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area* >SS Fill P Headwater Forest SSS Yes Corps 0.003 (acres) 29. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.003 2h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.003 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The design has been reduced to those specific trees by Dam Safety, as needed to be removed. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Duke Energy will matt the wetland area as necessary to remove tree/root balls. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Impacts to wetlands are at 0.003, and therefore, less than a 1/10th of an acre. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: Project is not located within a protected riparian buffer basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: Comments: There are no impervious surfaces associated with this project and no generation of stormwater as a result of this project. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federallstate/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* C Yes r No 3b. If you answered "no," provide a short narrative description. Project will not involve the construction of any impervious surfaces. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR forth is project?* r Yes r No r N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Onsite habitat evaluations, inspection of online GIS data from the US Fish & Wildlife Service (IPaC), Raleigh Ecological Field Services Office website, and inspection of online GIS data and mapping from the N.C. Natural Heritage Program. Consultation Documentation Upload IPaC_Species List Asheville Ecological Services Field Office.pdf 526.01KB NCNHP_project _report _belews_ creek _ saddle_ dike_18034_18034.pdf 749.09KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Inspection of online data and mapping from the South Atlantic Habitat and Ecosystem IMS website. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Inspection of online GIS data and mapping from the N.C. State Historic Preservation website. 7c. Historic or Prehistoric Information Upload 7_Cultural.pdf 4.91VIB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* The project does not include the placement of additional fill in the floodplain. Therefore, current FEMA flood elevations will not be impacted. Miscellaneous Comments Miscellaneous attachments not previously requested. PCN1_Belews Creek Saddle Dike 1_05.07.2019.pdf 39.77MB Signature * m By checking the box and signing below, I certify that: . I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); . I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND . I intend to electronically sign and submit the PCN form. Full Name: Richard Harmon Signature Date 5/7/2019 Meyer, Laura From: Dishmon, Joyce Martin <Joyce.Dishmon@duke-energy.com> Sent: Tuesday, May 07, 2019 2:51 PM To: Meyer, Laura Subject: RE: Belews Creek Saddle Dike 1 Vegetation Removal Project Laura, I hereby authorize Wood to submit the application for Belews Creek Saddle Dike 1 Vegetation Removal Project on behalf of Duke Energy Carolinas, LLC. Thank you, Joyce Dishmon Permitting and Compliance, Carolinas Office: 336-623-0238 Cell: 336-394-5524 Email: joyce.dishmon@duke-energy.com From: Meyer, Laura [mailto:laura.meyer@woodplc.com] Sent: Tuesday, May 7, 2019 2:29 PM To: Dishmon, Joyce Martin <Joyce.Dishmon @duke-energy.com> Cc: Harmon, Richard G <richard.harmon@woodplc.com> Subject: Belews Creek Saddle Dike 1 Vegetation Removal Project *** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click links from unknown senders or unexpected email. *** Hi Joyce, I am attempting to submit the PCN on the DWR's new online form, which was requested by Sue Homewood for this PCN, and it is requiring that we include an authorization letter from the applicant. I believe an email with from you with authorization to submit the PCN for the Belews Creek Saddle Dike 1 Vegetation Removal project should suffice. Would you please respond with your authorization? Thank you, Laura Laura J. Meyer, PWS Environmental Scientist Direct: +1 (919) 765-9982 Mobile: +1 (518) 225-1854 1 www.woodpic.com laura.meyer@woodpic.om wood. This message is the property of John Wood Group PLC and/or its subsidiaries and/or affiliates and is intended only for the named recipient(s). Its contents (including any attachments) may be confidential, legally privileged or otherwise protected from disclosure by law. Unauthorized use, copying, distribution or disclosure of any of it may be unlawful and is strictly prohibited. We assume no responsibility to persons other than the intended named recipient(s) and do not accept liability for any errors or omissions which are a result of email transmission. If you have received this message in error, please notify us immediately by reply email to the sender and confirm that the original message and any attachments and copies have been destroyed and deleted from your system. 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USGS Topographic Map I Bellows Creek Stream Station Saddle Dike PCN Stokes County, NC Legend Project Ash Basin Site Boundary 4DUKE co) ENERGY. wood. Job No. 7812150293 Drawn By: JAH Reviewed Elv LJM Date: 517/2019 The map shown here has been created with all due and reasonable care and is strictly for use with Wood project number 7812150293. Wood assumes no liability, direct or indirect, whatsoever for any such third party or unintended use. `5 0 -G K I M) r- Belews Lake �J Sources: Esri, HERE, Del-orme, USGS, Intermap, increment P Corp_ NRCAN, EsriJapan, METIE, in, (Hong Kong), Eari (Thailand), Mapmylndia, 0 OpenStreetMap contributors, and he G.U Community Pine Hall e0 _ 0.75 1.5 mop Miles Figure 3. NRCS Soils Map Belews Creek Steam Station Saddle Dike PCN Stokes County, NC Legend ® Project Area Soils MSite Boundary DUKE ENERGY,, wood. Job No. 7812150293 Drawn BY: JAH Reviewed By: LJM Date: 5/7/2019 The map shown here has been created with all due and reasonable care and is strictly for use with Wood project number 7812150293. Wood assumes no liability, direct or indirect, whatsoever for any such third party or unintended use. Belews Creek Cross Section Belews Creek Steam Station Saddle Dike PCN Stokes County, NC DUKE ENERGY. wood. Job No. 7812150293 Drawn By, JAH Reviewed By: LJM Date: 5/7/2019 The map shown here has been created with all due and reasonable care and is strictly for use with Amec Foster Wheeler project number 7812150293. Amec Foster Wheeler assumes no liability, direct or indirect, whatsoever for any such third party or unintended use. Wetland SSS Impact 0.003 ac (148.20 sq ft) Stream 137 No Impact Wetland SSS XS West East Stream 137 690' 688' 686' 684' Stream (Western Extent) 137 Edge) (Eastern Edge) Wetland SSS Wetland SSS (Eastern Edge) (Western Edge) i — — LOD (Eastern Extent) — — _ 000 LOD (Western 682' .00 i 680' 678' 676' 674' 0 10 20 30 40 50 60 70 80 90 100 Feet D e 0 0.175 0.35 Miles Plan View Belews Creek Steam Station Saddle Dike PCN Stokes County, NC Legend Project LOD Project Area ---- Wetland—SSS—XS Wetland Impact Site Boundary LWetlands . Streams DUKE ENERGY, wood. Job No. 7812150293 Drawn Bw JAH Reviewed By: LJM Date: 5/7/2019 The map shown here has been created with all due and reasonable care and is strictly for use with Wood project number 7812150293 Wood assumes no liability, direct or indirect, whatsoever for any such third party or unintended use. Wetland SSS Impact 0.003 ac (148.20 sq ft) O W W 1 in= 15ft �•� XS Wetland SSS Sources Esri, HERE, DeLorme, USGS, Inlermap, increment P Corp., "1111r Esd Japan, METI, Esd China (Hong Kong), Esri (Thailand), Mapmylndia, © Opens reetMap contributors, and the GIS User Community Pine Hall 100 - 0.75 1.5 I Miles Figure 4. Jurisdictional Waters Belews Creek Steam Station Saddle Dike PCN Stokes County, NC Legend ® Project Area Wetlands Streams Site Boundary ('DUKE ENERGY.. wood. Job No. 7812150293 Drawn By: JAH Reviewed By: LJM Date: 5/7/2019 The map shown here has been created with all due and reasonable care and is strictly for use with Wood project number 7812150293. Wood assumes no liability, direct or indirect, whatsoever for any such third party or unintended use. y � h a A� F . 6 0 ;a. I)k IL • •. i � .,,, 1� �~. � �1 y'�,rv- ,gyp! � S '�„', VOL 141 d ;y t FA SSS i .4, t •f •.. SSS i Maycd Gln ~� Madison t03.75 es e iles U Figure 7. Cultural Resources Map Belews Creek Stream Station Saddle Dike PCN Stokes County, NC Legend ® Project Area NRHP Listed Archaeological Sites - Determined Eligible NCSHPO Location • DOEHD SD ■ Study List NCSHPO Location • SLD • SLHD Surveyed NCSHPO Location Determined Eligible NCSHPO Q National Register NCSHPO Ash Basin Site Boundary Site Buffer (0.5 mile) DUKE ENERGY® wood. Job No. 7812150293 Drawn By: JAH Reviewed By: UM Date: 5/7/2019 Amos Miller House The map shown here has been created with all due and reasonable care and is strictly for use with Wood project number 7812150293. Wood assumes no liability, direct or indirect, whatsoever for any such third party or unintended use. Lytle Isom House Ralls House■ Turtle Ridgeftd House Lewis Withers Blackwell Farm (Gone) / Drum Rd Ren o F� Bridge #53 Bill Blackwell Gas Station & Store Shoe Buckle Plantation Tenant House A0 Luther Blackwell House I c Hairston Sauratown Plantation Joseph Scott Blackwell House�0 n ghl Rd e` ■ / Harry HintondWilliamson House Eden U 111,e Rd / 4 Pine'Hall Pole Bridge School (Pine Hall Colored) r' ■al,13-ge Inas Bailey House Bailey H Shoe Buckle Plantation Tenant house #2 (Gone) lid Shoe Buckle Plantation Tenant house # 1 (Gone)* a House House1e Hyl V:aimn rope - Fulton -Greene House Smith -Smith House (Gone) oVaughn House - Pinecrest School erling Adams House (Gone) o �ZR. A. Hedgecock House (Gone) Hairston Family Summer House HH�ouse (Gone) Ilton -Sands House Hairston Family Summer House (Gone) Fulton -Mitchell House Snyder Harrington House Joseph Robert Isom House E 0Oscar Southern Rent House E illjVaughn House I O"Bowles House R � e Cabin J�s`e Will Hairston House A°`° s Riverview Golf Course /Pine Hall Brick Company (Gone)* I. W. Ashburn House l House N, v Cashr$tore 91 Ba�rk_er,H'ouse Po Amos Miller House Marshall -Middleton Hous Cole -Jones House,(Gone)" k"'y Jr Rd ER 12-0693 R Harry Sanders House od Eugene Mendenhall - Wheeler House (Gone) Dry Hollow School Q Martin Dan Joyce House (Approximate site) (Gone?)U E ° Ga s U 0 Fulp-Marshall House N"�s°cN ------------------------- House (Gone) C orge W. ReidHouse 0 Hous 9" s'y HouseHouse spa Dalton Farm s `John Galloway° Hand House 346 '< a H�ou„� Project Area hurch South 0 Hilton Rd House o Thomas & Pollie Payne House °s a House O �°'r+ons Pa •E" 0°c5 ,,ddle6r°° Angel -Shelton Farm ° Angel Farm o 0 ja a Gideon Grove U. M. Church York -Perdue Cemetery s°"^SeAcres ftd L.A. and Bettie(Southern House (Gone) ng h.�_m_ Q�4 GWlford House Tobacco Barn Tobacco Barn Boone Homeplace (Green Pond Post Office)(Gone) 46bacco Ba nr suer Rd LA House Business Barn Hous( House y Snrin9J�`c MedryO� 0 Neal Cemetery /mea - - _ House==�Hoilse House Neal Garage Olevoreek House o se �tJHouse and Outbuil JL�merandIla Neal HouseO�\ Bridge #181;,(Replaced) �� Hous Ouse Barn House ale • - ea House F House A.W. Preston and Son General Store House M� Aye�House Housp-ey House House " House Flynn -Carter House z °\ House(, House House Ouse- Eaton House HouseYHouse House Flot.Se Hese N, v 91 Po Qa v R ° a z House O �°'r+ons Pa •E" 0°c5 ,,ddle6r°° Angel -Shelton Farm ° Angel Farm o 0 ja a Gideon Grove U. M. Church York -Perdue Cemetery s°"^SeAcres ftd L.A. and Bettie(Southern House (Gone) ng h.�_m_ Q�4 GWlford House Tobacco Barn Tobacco Barn Boone Homeplace (Green Pond Post Office)(Gone) 46bacco Ba nr suer Rd LA House Business Barn Hous( House y Snrin9J�`c MedryO� 0 Neal Cemetery /mea - - _ House==�Hoilse House Neal Garage Olevoreek House o se �tJHouse and Outbuil JL�merandIla Neal HouseO�\ Bridge #181;,(Replaced) �� Hous Ouse Barn House ale • - ea House F House A.W. Preston and Son General Store House M� Aye�House Housp-ey House House " House Flynn -Carter House z °\ House(, House House Ouse- Eaton House HouseYHouse House Flot.Se Hese ■ ■■■ Roy Cooper. Governor ME NC DEPARTMENT OF Susi Hamilton, Secretary women NATURAL AND CULTURAL RESOURCES 0 son Walter Clark, director, Land and Water Stewardship NCNHDE-8761 April 16, 2019 Laura Meyer Wood Environment & Infrastructure Solutions, Inc. 4021 Stirrup Creek Drive Durham, NC 27703 RE. Belews Creek Saddle Dike Dear Laura Meyer. The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butlerWncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR71MENT OF NATURAL AND CULTURAL RESOVRCES Q 121 W. JON E5 STREET. RALEIGH. NC 77603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 77699 OFC 919.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Belews Creek Saddle Dike April 16, 2019 NCNHDE-8761 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Group servation Occurrence Date Rank Crustacean 31214 Orconectes North Carolina Spiny 2001-03-13 E carolinensis Crayfish Dragonfly or 33770 Somatochlora Coppery Emerald 2004 -Pre H? Damselfly georgiana Freshwater 14749 Lasmigona subviridis Green Floater 2017-08-22 E Bivalve Freshwater 31200 Villosa constricts Notched Rainbow 2017-04-13 Bivalve Freshwater Fish11228 Etheostoma Riverweed Darter 2015-11-17 podostemone Vascular Plant 27842 Agastache nepetoides Yellow Giant -hyssop 1958-07-26 Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Mepresentational Rating ROA/Dan River Aquatic Habitat R1 (Exceptional) No Managed Areas are Documented Within a One -mile Radius of the Project Area E E X? Accuracy Federal State Global State Status tatus Rank Rank 3 -Medium --- Special G3 S3 Concern 5 -Very --- Significantly G3G4 S2? Low Rare 3 -Medium --- Endangered G3 S2 3 -Medium --- Threatened G3 S3 3 -Medium --- Significantly G4 S2 Ra re 3 -Medium --- Significantly G5 S1 Ra re Peripheral ctive Rating C1 (Exceptional) Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.org/content/helr). Data query generated on April 16, 2019; source: NCNHP, Q1 Jan 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-8761: Belews Creek Saddle Dike I • I -D+s 13ui RC Community Rd ' I Pine Hall c I I I I � � B -L_. s La k? Chismam Rwr I View GoM ry P� �'• Cour® Sac AYe I I w � I Bw r M 818 fl Co i ;pF I'f I 'yc to r : I � I a I� Q- KniQ-�/ �+v I P I �, a I I �d I 9cANP6 am. aeo t, I N 00 I $ I wE P R ' • `� S i April 16, 2019 Project Boundary Buffered Project Boundary E3 NHP Natural Area (NHNA) Page 3 of 3 1.20,711 0 0.175 0.35 0.7 mi 0 0.275 0.55 1.1 km SourcesEsri, HERE, Garmin, Intermap, increment P Corp-, GEBCO, USGS, ENO, NPS, NRCAN, Geri IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), —stopo, © OpenStreei contributors, and the GIS User Community ", r xi i n" u IJ1L3M. United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/countyfr.html In Reply Refer To: May 03, 2019 Consultation Code: 04EN1000-2019-SLI-0299 Event Code: 04EN 1000-2019-E-00799 Project Name: Duke Energy Belews Creek Saddle Dike 1 Tree Removal Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc_counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations htlps://www.fws.gov/asheville/htmls/Troject review/Recommendations.html Optimal Survey Times for Federally Listed Plants htips://www.fws-gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance htips://www.fws.gov/asheville/htmls/Troject review/NLEB—in—WNC.html Predictive Habitat Model for Aquatic Species htlps://www.fws.gov/asheville/htmls/Maxent/Maxent.html 05/03/2019 Event Code: 04EN1000-2019-E-00799 2 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.fzov/asheville/htmis/project_review/assessment guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http.// www.fws.aov/endanaered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eafzleso. Wind energy projects should follow the wind energy guidelines (http://www.fws.fzov/windenerfz ) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: Mg.// 05/03/2019 Event Code: 04EN1000-2019-E-00799 3 www.fws. og v/mi rg atorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; hn://www.towerkill.com; and hlW://www.fws. og v/migratoiybirds/CurrentBirdlssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Wetlands 05/03/2019 Event Code: 04EN1000-2019-E-00799 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 05/03/2019 Event Code: 04EN1000-2019-E-00799 2 Project Summary Consultation Code: 04EN1000-2019-SLI-0299 Event Code: 04EN I 000-2019-E-00799 Project Name: Duke Energy Belews Creek Saddle Dike 1 Tree Removal Project Type: DAM Project Description: Tree/stump removal at the Saddle Dike 1 outfall location. Project Location: Approximate location of the project can be viewed in Google Maps: ht s: www.google.com/maps/place/36.314798797738106N80.04015553456324W kC� Counties: Stokes, NC 05/03/2019 Event Code: 04EN1000-2019-E-00799 3 Endangered Species Act Species There is a total of 4 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws. oe v/ecp/species/9045 Clams NAME STATUS James Spinymussel Pleurobema collina Endangered No critical habitat has been designated for this species. Species profile: htips:Hecos.fws. og v/ecp/species/2212 Flowering Plants NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: htips:Hecos.fws. og v/ecp/species/3849 Small-anthered Bittercress Cardamine micranthera Endangered No critical habitat has been designated for this species. Species profile: htips:Hecos.fws. og v/ecp/species/3462 05/03/2019 Event Code: 04EN1000-2019-E-00799 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 05/03/2019 Event Code: 04EN1000-2019-E-00799 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E -bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. haps://ecos.fws. og v/ecp/species/1626 Eastern Whip -poor -will Antrostomus vociferus Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. 05/03/2019 Event Code: 04EN1000-2019-E-00799 2 BREEDING NAME SEASON Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the l Okm grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4 -week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) 05/03/2019 Event Code: 04EN1000-2019-E-00799 3 Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence = breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC NNBald on BCCgVulnerable 4111111111111L --�— —11111111111111! Eastern Whip -poor- +­+ ++++ +—++'�-- — ---- —�—+ +++— ___4__ will BCC Rangewide (CON) Red-headed 4-4- ++++ +—++ ----—""""""""'-- —"+ +++— --+— Woodpecker BCC Rangewide (CON) Wood Thrush +—+ ++++ +—++ — — — — —--+— BCC Rangewide (CON) Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concem.php ■ Measures for avoiding and minimizing impacts to birds http://www.fws.2ov/birds/ mana eg ment/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws. og v/mi rg atoiybirds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. 05/03/2019 Event Code: 04EN1000-2019-E-00799 4 Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the l Okm grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your 05/03/2019 Event Code: 04EN1000-2019-E-00799 5 project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that 05/03/2019 Event Code: 04EN1000-2019-E-00799 6 overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 05/03/2019 Event Code: 04EN1000-2019-E-00799 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.