HomeMy WebLinkAbout20150998 Ver 6_Individual_20190807August 6, 2019
Ms. Karen Higgins
NCDEQ-DWR
401 and Buffer Permitting Branch
512 North Salisbury Street
Raleigh, NC 27604
uuaur o s lois
Subject: Sutton Lake Dam Rearmament and Vegetation Removal Project
Section 404 and 401 Individual Permit Application
L. V. Sutton Energy Complex
New Hanover County, North Carolina
Ms. Higgins,
On behalf of Duke Energy, Wood Environment & Infrastructure Solutions, Inc. (Wood) is
submitting attached Joint Individual Permit Application for the L.V. Sutton Energy Complex
Sutton lake dam Rearmament and Vegetation Removal Project located at the H.F. Lee Energy
Complex in New Hanover County, North Carolina. Attached is the Application for Department
of the Army Permit Eng Form 4345, supporting documentation, and figures. Included with this
letter is a check for $570.00 for permit fees associated with the permit application.
Please do not hesitate to contact me if you have any questions at (919)-381-1366 or
Richard.harmon@woodplc.com.
Sincerely,
Wood
Dicky Har on, PWS
Senior Associate Scientist
CC: Steve Cahoon, Duke Energy
Wood Environment & Infrastructure Solutions, Inc.
4021 Stirrup Creek Drive, Suite 100
Durham, North Carolina 27703
Tel (704) 357-8600
fax (704) 357-8638
www.woodpic.com 0 0 0
wood.
August 6, 2019
Ms. Rachel Capito
USACE — Wilmington District
Wilmington Field Office
69 Darlington Avenue
Wilmington, NC 28403
Subject: Sutton Lake Dam Rearmament and Vegetation Removal Project
Section 404 and 401 Individual Permit Application
L. V. Sutton Energy Complex
New Hanover County, North Carolina
Ms. Higgins,
On behalf of Duke Energy, Wood Environment & Infrastructure Solutions, Inc. (Wood) is
submitting attached Joint Individual Permit Application for the L.V. Sutton Energy Complex
Sutton lake dam Rearmament and Vegetation Removal Project located at the H.F. Lee Energy
Complex in New Hanover County, North Carolina. Attached is the Application for Department
of the Army Permit Eng Form 4345, supporting documentation, and figures.
Please do not hesitate to contact me if you have any questions at (919)-381-1366 or
Richard.harmon@woodplc.com.
Sincerely,
Wood A
Dicky Ha mon, PWS
Senior Associate Scientist
CC: Steve Cahoon, Duke Energy
Wood Environment & Infrastructure Solutions, Inc.
4021 Stirrup Creek Drive, Suite 100
Durham, North Carolina 27703
Tel (704) 357-8600
Fax (704) 357-8638
wwwwoodplc.com 'i- 0 0
U.S. Army Corps of Engineers (USACE)
ENG
FormApproved -
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
OMB No. 0710-0003
33 CFR 325. The proponent agency is CECW-CO-R.
Expires: 01-08-2018
The public reporting burden for this collection of information, OMB Control Number 0710-0003, is estimated to average 11 hours per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or burden reduction suggestions to the Department of Defense, Washington Headquarters Services,
at whs.mc-alex.esd.mbx.dd-dod-information-collectionsO-mail.mil. Respondents should be aware that notwithstanding any other provision of law, no person shall
be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT
RETURN YOUR APPLICATION TO THE ABOVE EMAIL.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act,
Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this form
will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and
local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information
is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good
reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or instructions)
and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned.
System of Record Notice (SORN). The information received is entered into our permit tracking database and a SORN has been completed (SORN #A1 145b)
and may be accessed at the following website: htto://dpcld.defense.gov/Privacy/SORNslndex/DOD-wide-SORN-Article-View/Article/570115/al 145b-ce.aspx
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED
4. DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BYAPPL/CAN7)
5. APPLICANT'S NAME
8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required)
First - Steve Middle - Last - Cahoon
First - Richard Middle -G Last - Harmon
Company - Duke Energy
Company - Wood E&IS
E-mail Address-steve.cahoon@duke-energy.com
E-mail Address-ricdard.harmon@woodplc.com
6. APPLICANTS ADDRESS:
9. AGENT'S ADDRESS:
Address- 410 South Wilmington Street
Address- 4021 Stirrup Creek Dr., Suite 100
City - Raleigh State - NC Zip - 27601 Country -USA
City - Durham State - NC Zip - 27703 Country -
7. APPLICANT'S PHONE NOs. WAREA CODE
10. AGENTS PHONE NOs. w/AREA CODE
a. Residence b. Business c. Fax
a. Residence b. Business c. Fax
919-546-7457 919-546-3669
919-381-1366
STATEMENT OF AUTHORIZATION
11. 1 hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application.
SIGNATURE OF APPLICANT DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Sutton Lake Rearmament and Vegetation Removal
13. NAME OF WATERBODY, IF KNOWN (if applicable)
14. PROJECT STREET ADDRESS (if applicable)
Sutton Lake
Address 249 and 801 Sutton Steam Plant Road
15. LOCATION OF PROJECT
Latitude: -N 34.286136 Longitude: -W -77.996774
City - Wilmington State- NC Zip- 28401
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
State Tax Parcel ID R02300-002-001-000 Municipality
Section - Township - Range-
ange-
ENG FORM 4345, MAY 2018 PREVIOUS EDITIONS ARE OBSOLETE. Page 3 of 1
17. DIRECTIONS TO THE SITE
From the North: Head south on US 421 and turn west (right) on Sutton Steam Plant Road. A guard house marks the entrance to the property.
From the South: Head north on US 421 and turn west (left) on Sutton Steam Plant Road. A guard house marks the entrance to the property.
18. Nature of Activity (Description of project, include all features)
Armoring both sides of the Sutton Lake Dam with rip rap to strengthen it to its original design. Vegetation will be removed at the base of the
dam and 15 feet from the toe of the dam for construction of the project. The first six feet from the toe of the dam will also be armored with
rip rap to conduct dam safety inspections. The'; remaining nine feet of the cleared vegetation will be allowed to return to its natural state.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The purpose of the Project is dam rearmament and vegetation removal at the Sutton Lake Dam.
USE BLOCKS 20-231F DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Rearmament with rip rap will go into wetlands on the exterior side of the dam. Rip rap is necessary to strengthen the dam to its original
design and provide the necessary area for dam safety inspections.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
Rip rap; 8,809 (wetlands) Sand and silt; 2,581 (wetlands) Rip rap; 10,325 (open water)
22. Surface Area in Acres of Wetlands or Other Waters Filled (see Instructions)
Acres 2.73 (wetlands); 3.20 (open water, maintenance)
or
Linear Feet
23. Description of Avoidance, Minimization, and Compensation (see instructions)
Three methods of armoring the Sutton Lake Dam were considered: rip rap, fibriform, and hydroturf. Rip rap is the final option because
fabriform and hydroturf would have increased the amount of impervious surfaces for the Sutton Lake Dam. Armoring of the area adjacent to
the toe of the dam was reduced from 10 feet to six feet for dam safety inspections. Mitigation requirements will be satisfied by the purchase of
riparian wetland mitigation credits through the Lower Cape Fear Umbrella mitigation bank.
ENG FORM 4345, MAY 2018 Page 3 of 2
24. Is Any Portion of the Work Already Complete? M Yes 0 No IF YES, DESCRIBE THE COMPLETED WORK
25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody rd more canon be entered hero, please attach a supplemental llstj
a. Address- CAMERON, BRUCE B., 5401 US HWY 421 N
City- Wilmington Slate- NC Zip -28401
b. Address -
City - State - Zip -
c. Address -
City - Stale - Zip -
It. Address -
City - State - Zip -
a. Address -
City - State - Zip -
26. List or Other Certificates or ApprovalslDentals received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
NUMBER
Would include but is not restricted to zoning, building, and flood plain permits
27. Application is hereby made for permit or permits to authorize the work described In this appitcation. I certify that this Information in this application is
complete and ac Ia. 1 f her rtify that I possess the authority to undertake the work described here?
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
Permit Drawings are included in Appendix A of the attached supporting document
wood.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Prepared for
('DUKE
ENERGY
L.V. Sutton Energy Complex
Wilmington, North Carolina
Prepared by
Wood Environment & Infrastructure Solutions, Inc.
4021 Stirrup Creek Drive, Suite 100
Durham, North Carolina 27703
5 August 2019
Project No. 7812190167
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Ramova|
_
Project No. 78121901.67
`^-
�
TABLE. OF CONTENTS
` `
.
1.1
BACKGROUND ............................ ...... ,............................... ...... ............................... ...... ,.......
1-1
`
1�2
ANoOoJsCT�E----..-.-----------....'..—.---_--_-_--'.,-'_--1-1
` � ` `
. 2'0
PROJECT PURPOSE AND NEED ..................................................................................................
2-
2.1
PROJECT PURPOSE `'-.--`----_---.--'�.........................................................................
24
'
2�|
PROJECT NEED —.-------..�_'-----.-----'._—�_----.---.---.'`-'�__.2-1
'
'
3.0
' '
PROPOSED PROJECT DEVELOPMENT --.~.......~.......-_^.---__...........-�..~----3-
�
PROJECT {y/ERVEVV.�..----.---------.------.----_--'.._----------3-
�
.
PROJECT COMPON ` -----..---------_-------_—^.—'�_-_—.-------'3-
. �
4.0
ALTERNATIVES
ANALYSIS .........................................................................................................
4~
�
4.1
�
BACKGROUND INFORMATION ............................. _................................... ,_...........................
4-1
4.2
REGULATORY AUTHORITY ..........................................................................................................
4-1
4.3
ACTION ALTERNATIVES -----.—_—.-----..----.-----'-------'--,_—,_'-
4-2
4.3.1
No -Build A�annybve-------`-------------...-------------.---4-3
4\3.2
Rip Rap with GootextileAfternobmy.................................... ....................................................
4-3
4\3.3
Fobrifoxm Alt*mebve..............................................................................................................
4'3
4.3.4
Hydroturf Alternative `-------------------------.---------.--4-4
�'.
4,4
AVOIDANCE AND MINIMIZATION OF|MPA[TG................................ ................................. —........
4-4
.5.0
WATERS OF THE UNITED STATES ..............................................................................................
5~
5.1
. OVERVIEW ...............................................................................................................................
5-
5.2
RELEVANT BACKGROUND INFORMATION .---..--------_-----.—.._-------_.-'5-1
5.2.1
Land L6x* ' . —...�... '
----.--------.---------------------.— _--
5'Y
5.2.2Geology-and
Topography ----------------.---.----------.-_--..5-f
/i2
Do0u--------_.----.-------.......................................................................
5-2
5.24
Terrestrial Communities ............................................................................................................
5-3
5.2.!
—_...........
5.26
Streams ......................................................................................................................................
5'O
5.2.7
Riparian B -------.—.-----..--------.----------------.5-S
'
5.2.8
Open Waters ...................................................--------.---.--.-----.---..5-7
�
�5.2.9
' '
Floodplains ----'_----.---.----�—_------------_--------..5-7.
�
5.210Surface
............................. .............................................................................. .......
f-8
5.2.11
Groundwater .............................. `........................................................................................
5-9
�
' 6.0
PROPOSEDX8UPACTS TO WATERS OFTHE UNITED STATES ...............................................
6-
.
�1�
�
EXTENT OF|MPA[T�.------.--------.--_-------.—.---�—_---.--_-'5-1
6��
CUMULATIVE IMPACTS ----.—.------_------_------------_.:---'0'2
' '
7�0
.
COK8PENSATORYNX0[UGAT0�N--.'--'.----_--------_--.----------------_-.-...'7'
.
�
7. 1
MITIGATION REQUIREMENTS ............................... ..................................... .............................
7-
7. 2
MITIGATION PLAN --.—.----__—_---------__-_.---.--__.--.___--'7-
8.0����E��EO/��E��U��.---------~------_----------~
` ` ......................................... ...........
8-
�
8.1
'BACKGROUND ......... ................................................................................................................
8- .1
'
82
AFFECTED ENVIRONMENT ........................................................................ ...................................
8-4
�
Duke Energy L.V. Sutton Energy Complex`
Section 404/401 Individual
Sutton Lake Dam Rearmament and Vegetation Removal ,
-Project No 7812100187` wood.
9.1...............................
............................................................................... ............ S-
9.2
AFFECTED ENVIRONMENT ............................................................................................................
8'2
10.0ENVIRONMENTAL
J ' E .~..............~.......-........~..............~_..,..........~........10-1
'
`�
10�
BACKGROUND ........ ..................................................................................................... ...... .....
1O'
10.2
AFFECTED ENVIRONMENT ........ ,........ ........................................................................................
1O-
11'0
NOISE .............................. ........................................ ......................................................................
1Y'1
11.1
BACKGROUND ........................................................................................................................
11-1,
'
11.2
AFFECTED ENVIRONMENT ............ ....... .-----.—_--.—_—.-----.--.--..`-�—/.—.114
'
12.0
AIR QUALITY ......................................... ................................. ................................. �...—.12'11
12.1
BACKGROUND ............ ...................................... ...................................................................
12-
12.2
AFFECTED ENVIRONMENT ............................... .......................... .............................................
12-1
12.3
FEDERAL. REGULATORY REQUIREMENTS FOR AIR QUALITY ...... ...................................................
12-2
12.3.1....
.............................................................................. .............
Y2-2
12.3.2
General ...---.-------__-----------^.-----.----/2-2
12A
STATE REGULATORY REQUIREMENTS FOR AIR QUALITY ............................................................
12'3.
12.5
PROPOSED MITIGATION MEASURES ..................................... ....................................................
12-4
12.6
ASSESSMENT .................................................................................................................. .........
12-4
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood.' Project No. 7812190167
LIST OF TABLES
Page.
Table 1 Soil types occurring within the Sutton Lake Dam Rearmament and Vegetation
Removal Project Area, L.V. Sutton Energy Complex, New Hanover County, North
Carolina............................. :................... ................................................................ 5-3
Table 2 Wetlands within the Sutton Lake Dam Rearmament and Vegetation Removal
Project Area, L.V. Sutton Energy Complex, New.Hanover County, North Carolina
...................... ............................................................................................5-6
Table 3 Proposed impacts to jurisdictional wetlands for the Sutton Lake Dam Rearmament
and Vegetation Removal Project Area, L.V. Sutton Energy Complex, New
Hanover County, North Carolina......................................................................... 6-1
Table 4 Proposed maintenance repair. area to jurisdictional open water for the Sutton Lake
Dam Rearmament and Vegetation Removal Project Area, L.V. Sutton Energy
Complex, New Hanover County, North Carolina . .............................................. 6-2
Table 5 Potential mitigation costs for impacts to WOUS, Sutton Lake Dam Rearmament
-` and Vegetation Removal Project Area, L.V. Sutton Energy Complex, New
Hanover County, North Carolina .................. :........................7-2
............................
Table 6 Potential for effect for federally listed animal and plant species within the Sutton
Lake Dam Rearmament and Vegetation Removal Project Area, L.V. Sutton
Energy Complex; New Hanover County,. North Carolina .... :............................. 8-2.
Table 7 Comparative analysis of 2010 population and race dynamics in percentage (and
individuals) for the'Sutton Lake Dam Rearmament and Vegetation Removal
Project Area, L.V. Sutton Energy Complex, New Hanover County, North Carolina
......:..................................:.......................:...........................................::........10-2
Table 8 Comparative analysis of 2012 population and poverty dynamics for the Sutton
Lake Dam Rearmament and Vegetation Removal Project Area, L.V. Sutton
Energy,Complex, New Hanover County, North Carolina .......................... ....10-3
Table 9 . EPA standard noise levels for various community types...................................11-1
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
wood.
S. '
LIST.OF FIGURES
(Figures are located after the text of the report). .
Figure 1
Site Location Map
Figure 2
Site Aerial Map
Figure 3
USGS Topographic Map
Figure 4
NRCS Soil Map
Figure 5
Jurisdictional Waters Map'
Figure 6
Floodplain Map.
Figure 7
Cultural Resources Map
S. '
C I
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167 .
LIST,OF APPENDICES
Appendix A Permit Impact Drawings
Appendix B Nationwide Permit for Permanent. Breach Repairs
Appendix C NCWAM Data Forms
Appendix D USFWS and NCNHP Database Queries
wood.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167 .
wood.
LIST OF ABBREVIATIONS AND ACRONYMS
%
Percent
pg/m3
Micrograms per cubic meter
BGEPA
Bald and Golden Eagle Protection Act
CEQ
Council on Environmental Quality.:
CFR
Code of Federal Regulations
cfs
Cubic feet per second
CO
Carbon monoxide
CWA
Clean Water Act
dB
decibels
dBA
A -weighted decibels
DFIRM
Digital Flood Insurance Rate Map
E
Endangered
EPA
U.S. Environmental Protection Agency
EO
Executive Order
ESA
Endangered Species Act
E&SC
Erosion & Sediment Control
FEMA
Federal Emergency Management Agency
FHWA
Federal Highway Administration
FIRM ..
Flood Insurance Rate Map
FR
Federal Register
FTA
Federal Transit Administration
GIS
Geographic Information Systems
HUC
Hydrologic Unit Code
IP
Individual Permit
IPaC
Information for Planning.and Conservation
JD
Jurisdictional Determination
Ldn
Day/Night Levels
NAAQS
National Ambient Air Quality Standards
NCAC
North Carolina Administrative Code
NCDEQ
North Carolina: Department of Environmental Quality
NCDMS
North Carolina Division of Mitigation Services
NCDWR
North Carolina Division: of Water Resources ..
NCGS
North Carolina Geologic Survey
NCNHP
North Carolina Natural Heritage Program
NCSHPO
North Carolina State Historic Preservation Office
NC WAM
North Carolina Wetlands. Assessment Method...
NEPA
National Environmental Policy Act
NFIP
National Flood Insurance Program
NHPA
National Historic Preservation Act ,'.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
.Project No. 7812190167
NLEB
Northern long-eared bat..
NO2
Nitrogen dioxide
NPDES
National Pollutant Discharge Elimination System
NRCS
Natural Resources Conservation Service
NRHP
National Register of Historic Places
NCDMS
North Carolina Division of Mitigation: Services
Os
Ozone
PM2.5
fine particulate matter
PM10
particulate matter
RCW
Red -cockaded woodpecker
SIP
State Implementation Plans
SOP
Standard Operating Procedure
SO2
Sulfur dioxide
T
Threatened
U.S.
United States
USACE
U.S. Army Corps of Engineers
USC
U.S. Code
USCB
U.S. Census Bureau
USFWS
U.S. Fish and Wildlife Service
USGS
U.S. Geological Survey
WMP
Wetland Master Plan
WOUS
Waters of the U.S.
wood.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood.
Project No. 7812190167
EXECUTIVE SUMMARY
The L.V: Sutton Energy Complex (plant) was a 5757megawatt coal-fired plant and three oil -
fueled combustion turbine power generators: The coal-fired plant was retired in November 2013,
with demolition of the coal plant and older combustion turbines completed in 2017. The L.V.
Sutton Energy Complex is now a 625 -megawatt natural'gas combined -cycle. plant, which came
online in 2013. The facility is in northern New Hanover County along the Cape Fear River
(Figures 1, 2a, 2b, 2c, and 2d). The Cape Fear River abuts the Western edges of the plant
property. The plant property is accessed from Sutton.Steam Plant Road, which is north of the
natural gas combined -cycle plant and south of Sutton. Lake.
On the morning of September 14, 2018, Hurricane Florence made landfall in southeastern North
Carolina. More than two days, of historic rainfall and flooding, coupled with tropical storm winds,
created infrastructure issues throughout the eastern part of the state. Three breaches occurred
in the Sutton Lake Dam due to Hurricane. Florence. The breaches have been fixed, but the
effects of Hurricane Florence have focused Duke Energy's existing plan to increase the
structural integrity of the Sutton Lake Dam. Duke Energy wants to complete the rearmament of
the Sutton Lake Dam before the next hurricane hits. Wilmington, NC. Since 'it is impossible to
predict when the next storm will impact the Cape Fear region, Duke. Energy will complete the
work quickly upon issuance of federal and state permits.
Since its construction in 1972, trees and shrubbery have grown unchecked around the base of
the dam. To restore the integrity of the Sutton Lake Dam, Duke Energy proposes to remove
vegetation off the slope of the dam and a 15 -foot zone from the We of the dam. Trees within the
15 -foot zone will be cut at the .base of the tree and the root ball left intact to minimize potential
wetland impacts. The first six -feet of the .15 -foot zone will be permanently armored. Maintaining
this six-foot clearing will assist in regular dam safety inspections: The remainder of the 15 -foot
clearing will be temporarily impacted during construction and allowed to return to its native state
after completion of the project.
The rearmament and vegetation removal activities will require.a Joint Section 404/401 Individual
Permit application. Project purpose and need are based on the following:
• To clear volunteer vegetation from. the dam slope and 15 -foot zone
• To facilitate regular dam safety inspections
• Improve structural integrity of the Sutton Lake Dam by armoring the dam with geotextile
fabric and rip to withstand. future hurricane events
• To ensure the health and safety of. citizens living downstream of the L.V. Sutton Energy
Complex
A set of functional criteria was established by Duke Energy to determine the .suitability of
potential methods for the Sutton Lake Dam Rearmament and Vegetation Removal Project. The
functional criteria are requirements for meeting the Project Purpose and Need, and served as
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood.Project No. 7812190167
the principal component of the screening process to identify potentially suitable methods for the
project. The functional criteria are presented below.
Design constructability and practicality based on
1. building materials resources.
2. implement construction efficiency
3. increase structural! integrity of the dam
Minimize impacts to waters of the U.S. (WOUS).
Maximize pervious surfaces in the.design to minimize stormwater runoff
There are three proposed design :plans for rearmament:of the Sutton Lake Dam. All action
alternatives include rip -rap and geotextile placed along the entire (3.6 miles) interior slope
(cooling lake side) of the dam for rearmament. The three plans, are: based on the materials used
to solidify the crest and exterior slope of the dam above the elevation of eight -feet. The three
design plans call for rip -rap and geotextile to be placed within the six-foot offset from the'toe of
the dam: _The three design plans for the crest are:
• Rip -rap with Geotextile
• Fabriform
• Hydroturf
The Fabriform and, Hydroturf design plans will increase the impervious surface area of the
project and:would have to be addressed in the stormwater management plan. Therefore, the rip -
rap with.geotextile is the preferred method.
Wetland E, a riverine swamp forest, occurs'within the project area.(Figures 5a, 5b, and 5c) and
coincides with the 15 -foot zone from the toe of the dam, which will be permanently affected by
dam rearmament and temporarily impacted by vegetation removal. Total wetland impacts due to
the Sutton Lake Dam. Rearmament and Vegetation Removal Project is 6.38 acres (See.
Appendix A — Permit Impact Drawings). 2-* 93 acres will be permanently impacted, and 3.45
acres will be temporarily impacted. The oen water repair area to Sutton Lake including the
Intake Canals equals 3.20 acres (Appendix A — Permit Impact Drawings).
Compensatory mitigation for the proposed impacts is. required under the Section 404 Individual
Permit. Appropriate avoidance and practicable minimization efforts have been conducted
through the analysis of rearmament materials. However, unavoidable impacts to on-site WOUS
are necessary to complete the proposed action.
Mitigation requirements for the Sutton Lake Dam Rearmament and Vegetation Removal Project .
will be satisfied by the:purchase of riparian wetland mitigation credits through the Lower Cape
Fear Umbrella mitigation bank. In -lieu fee, -on-site mitigation, and off --site mitigation opportunities
were not explored because the mitigation bank option was already available.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood..Project No. 7812190167
General field reconnaissance of the Sutton .Lake Dam Rearmament and Vegetation Removal
Project area was conducted on September 28, 2018, and March 20, 2019. No federally
protected species for New Hanover County were observed during those visits. There were no
reported element occurrences of federally. listed species within the.project area based on. the
results of the March -6, 2019, USFWS IPaC or April 30, 2019, NCNHP database queries.
According to NCSHPO office's GIS Services website and the 2015 L.V. Sutton Energy Complex.
Natural Resources Technical Report (Wood E&IS) no architectural; sites have been identified
within a half -mile radius of the project area. According to the North Carolina Office of State
Archaeology Records, the project area has not been. surveyed for archaeological resources.
An examination of the 2010 and 2012 US Census Bureau (USCB) data was conducted
to determine minority and low-income population percentages.in the affected area of the,
project to facilitate the qualitative assessment of potential environmental justice impacts.
The avoidance of adverse impacts upon minority and/or low-income communities is an
important component -6f the Sutton Lake Dam Rearmament and.Vegetation Removal
Project. The data used in this analysis are a combination of USCB 2010 Census, along
with 2012 estimated poverty levels for the City of Wilmington, New Hanover County,
and North Carolina, where 2010 data were not available. The City of Wilmington was
analyzed and compared with New Hanover County and North Carolina statistics. The
Sutton Lake Dam Rearmament and Vegetation Project area is in Wilmington, NC
28401..
The proposed project actions will occur entirely within the property of the Sutton Lake Dam
Rearmament and Vegetation Removal Project area and will not occur within or near residential
communities. No impacts to vehicular, bicycle or foot traffic access to medical facilities, school
or employment are anticipated. Access to.food and fiber production or firewood (fuel) Will not be
impacted. No disproportionately high adverse impacts to human health or environment of
minority or low-income populations are expected.
The L.V. Sutton Energy Complex operates under North Carolina Air Quality Title V Permit No.
01318T33, effective from December 5, 2017, until June 30, 2019. Construction equipment and
haul trucks transporting rock and rip -rap can be expected to generate particulates from fugitive
dust emissions via travel on unpaved roads.," Fugitive dust emissions" refers to particulate
matter that does not pass through a process stack or vent and is generated within plant property
boundaries.from activities such as: unloading and loading areas, process areas, stockpiles,
stockpile Working, plant parking lots, and plant roads. (including access roads and haul roads).
Due to the limited travel distance for construction equipment and haul trucks, the project is not
anticipated to create substantive fugitive dust emissions to "cause.or contribute to substantive
complaints or excess visible emissions beyond the property boundary". Operations associated
with the Sutton Lake Dam Rearmament and Vegetation Removal Project are not expected to
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood.
Project No. 7812190167
impact air quality, either locally or regionally, as the project is not located in a nonattainment or
maintenance area for any criteria pollutants and given the fugitive dust mitigation measures.
A
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
1.0 INTRODUCTION
1.1 BACKGROUND
wood.
The L.V. Sutton Energy Complex (plant) originally consisted of a 575 -megawatt coal-fired plant
.and three oil -fueled combustion turbine power generators. The coal-fired plant was retired in
November, 2013, with demolition.of the coal plant and oil -fueled combustion turbines completed
in 2017: In .2017, a 625 -megawatt natural gas combined -cycle plant came online. The facility is
in northern New Hanover County along the Cape Fear River (Figures 1, 2a, 2b, 2c, and,2d). The
Cape Fear River abuts the western edges of the plant property.'The plant property is accessed
from Sutton Steam Plant Road,, which is north of the natural gas combined -cycle plant and
south of Sutton Lake.
On the morning of September 14, 2018, Hurricane Florence made landfall in southeastern North
Carolina. More than two days of historic rainfall and flooding, coupled with tropical storm winds,
created infrastructure issues throughout the eastern part of the state. Due to Hurricane
Florence, three breaches occurred in the -Sutton Lake Dam. The breaches have been repaired,
but the effects of Hurricane Florence have focused Duke Energy's attention to increasing the
structural integrity of the Sutton Lake Dam. To increase the structural integrity of the Sutton
Lake Dam, Duke Energy will armor the dam and wants to complete the rearmament before the
next hurricane hits Wilmington, NC. Since'it is impossible to project when the next storm will
impact the Cape Fear region, Duke Energy will complete the work quickly upon issuance of
federal and state permits.
Since the construction of the Sutton Lake Dam in 1972, volunteer vegetation has become
established at the toe of the dam and adjacent to the -toe on the exterior side of the dam. To
ensure the integrity of the dam and to facilitate dam safety inspections, Duke Energy proposes
to clear vegetation.extending out 15 -feet from the toe. Trees within the 15 -foot zone will be cut
at the base, and removed from the work area. The root ball of each cut tree will be left intact to
minimize potential wetland impacts. The first six -feet of the 15 -foot vegetation cleared zone from
the toe of the dam. will .be permanently armored. Maintaining this six-foot clearing will help
facilitate regular dam safety inspections. The remainder of the 1.&- foot clearing will be,
temporarily impacted during construction. These impacted areas will be re-contoured as
necessary and allowed to return to native vegetative states after completion of the project.
1.2 PURPOSE AND OBJECTIVE
The discharge of dredged or fill material into waters .of the U.S. (WOUS) arid -'most categories of
work in navigable water bodies require United States Army Corps of Engineers (USACE).
authorization under. Section 404 of the Clean Water Act, (CWA), This Wetland Master Plan
(WMP) is to provide the Wilmington District of the USACE with a basis to evaluate and issue an
Individual Permit (IP) and associated certifications for the proposed action. The project is
identified as Sutton..Lake Dam Rearmament and Vegetation Removal Project in this WMP. The
1-1
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
.Project No. 7812190167
wood.
impetus for the alternatives analysis is the need for the rearmament and to visually inspect the
toe of the dam. Even though the Sutton Lake Dam is exempt from the 1967 Dam Safety Law,
Duke Energy applies the same standards to repairs .and work as if under jurisdiction of the 1967
Dam Safety Law.
The purpose of this WMP is to -serve as a source of supplemental information for the Section
404 IP application, and to provide documentation of the current ecological.arid physical
condition of jurisdictional waters and other resources that occur.within the site. Further, this
document describes the approach to wetland mitigation outlined in the CWA Section 404 (b)(1)
guidelines and followed by the State of North Carolina, to include avoidance, minimization, and
compensation. The objective of this investigation and the WMP is to provide the USACE
Wilmington District;:the North Carolina Department of Environmental Quality (NCDEQ), and
other commenting and reviewing agencies, a basis to evaluate and issue a Section 404 IP and
associated certifications for the proposed action.
1-2
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
2.0 PROJECT PURPOSE AND NEED
wood.
2.1 PROJECT PURPOSE
The purpose of the. project is dam rearmament and vegetation removal at the', Sutton Lake Dam.
The proposed action will impact wetland, areas. Project details are discussed'in Section 3.0 —
Proposed Project Development.
2.2 PROJECT NEED.
The purpose of the project and the necessity for the Joint Section 404/401 IP application is
based on the following need:
• To strengthen .the Sutton Lake Dain to withstand future hurricane events that. impact the
Cape Fear region and to provide the means to regularly inspect the dam. Maintaining
structural integrity of the dam, at the level it was designed, is important to ensure the
health and safety of citizens of Wilmington living downstream of L.V. Sutton Energy
Complex.
2-1
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Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
.Project No. 7812190167
3.0 PROPOSED PROJECT DEVELOPMENT
3.1 PROJECT OVERVIEW
wood.
The Sutton Lake Dam will be reconfigured to near as -built conditions. Sections of the dam that
are no longer at an elevation of 14 -feet will be restored to that elevation. Only the newly
designed spillway in the southern portion of the dam will be maintained at an.elevation of 11 -
feet. The spillway will provide a path for water to leave Sutton Lake during'storm events without.
impacting the structural integrity of the dam.
3.2 PROJECT COMPONENTS '
The primary driver -for the schedule and sequence of project components is to complete the
rearmament of the dam before another hurricane impacts the region.
The primary project components are the rearmament'of Sutton Lake Dam and vegetation
removal to facilitate -future dam inspections.. According to NCDEQ. Dam Safety Division,.half of
the height of the dam must remain clear.of vegetation for proper safety inspections. Accordingly,
a minimum'of a six-foot vegetation cleared zone from the toe of the dam should remain clear for
safety inspections. Trees and volunteer vegetation obscure the toe of the dam and have grown
on the dam slope since 1972. Duke Energy has developed plans to clear vegetation within a 15 -
foot zone from the toe of the dam. and to armor the first six feet of the cleared zone with a
geotextile fabric and rip -rap. This action will ensure that the area at the toe of the dam remains
open for safety inspections. The remaining nine feet of the cleared:zone will be re-contoured as
necessary and allowed to naturally revegetate after completion of'the project.
Erosion of soil in wetlands that occurred at Breach 1 has resulted in scouring of the wetlands.
The new lower surface elevation has allowed water to pool at the base of Breach 1. The
scoured area, which' is 0.20 acre, will be filled with sand and silt to.replicate natural conditions
instead of filling the void with stone: Duke Energy proposes to restore the wetland elevation in
the scoured area to its condition (bottom elevation) prior to Hurricane Florence to ensure the
structural integrity of the dam at permanent Breach 1 repair.
A Pre -Construction Notification was submitted to the USACE on January 28, 2019, for
permanent repairs to all three breaches in the Sutton'Lake Dam in the aftermath of Hurricane
Florence. The Nationwide Permit'(SAW 2011-00858) was issued on March 20, 2019,, and is
included in Appendix -B. Open water repairs will occur along the interior of the dam in Sutton
'Lake and in the Intake Canal/Intake Bay. The total open water, repair area of 3.20 acres will
occur ori .concrete or sand cement, not natural substrate. The design for the Breach 1 repair
includes lowering the elevation of the crest of the dam to 11 -feet to. act as a spillway should a
large storm event like Florence occur in the future. There was no peak flow data from.the Cape
Fear River during Hurricane Florence because the water level surpassed the height of the
gauge. The river gauge was set to record up to 500 -year storm events. Peak flow in the Cape
Fear River was estimated to be between. 180,000 and 200,000, cubic feet per second, (cfs). The
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Project No. 7812190167
spillway is designed to take effect when thellow in the Cape Fear. River reaches 200;000 cfs,
which is estimated to occur between 500=year and 800 -year storm events.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood.
Project No. 7812190167"
4.0 ALTERNATIVES ANALYSIS
4.1 BACKGROUND INFORMATION
The Sutton Lake Dam Rearmament and Vegetation Removal Project is important for the health
.and safety of the City of Wilmington and anyone living downstream of the L.V. Sutton Energy
Complex. The normal water level storage capacity of.SUtton Lake is estimated to be 6,900 acre-
feet. It is important to maintain the structural integrity of the dam to prevent discharge from
Sutton Lake during hurricanes, thereby reducing floodwaters flowing downstream into. ..
Wilmington.
The alternatives analysis comprises three action alternatives for the rearmament of the Sutton
Lake Dam. The No -Build Alternative (No Action Alternative) is presented in Section 4.3.1.
4.2 REGULATORY AUTHORITY'
In the evaluation of CWA Section 404 permit applications to discharge dredged or fill material
into WOUS, the USACE is required to analyze alternatives that could achieve purpose and
need. The USACE conducts this -analysis pursuant to two main requirements:
� 1) National Environmental Policy Act of 1969 (NEPA)
NEPA requires federal agencies to consider environmental impacts of the proposed actions and
a range of reasonablealternatives to those actions. Reasonable alternatives do not require
consideration of every conceivable variation of an alternative (40 Code of Federal Regulations
[CFR] §1502.14) and must be capable of achieving the basic project goal.. The Council on
Environmental Quality (CEQ) describes "reasonable" alternatives as those.that are practical or
feasible from the technical or economic standpoint and use common sense; rather than simply
list desirable alternatives from the standpoint of the applicant (CEQ 1981). For alternatives
eliminated from further study, a project's environmental documentation must "briefly discuss the
reasons -for having been eliminated" (CEQ 1981).
2) CWA Section 404(b)(1) Guidelines
CWA Section 404(b)(1) Guidelines state "no discharge of dredged or fill material shall be
permitted if there is a practicable alternative to the proposed discharge which would have less
adverse impact on the aquatic ecosystem, so long as the alternative does not -have other
significant adverse environmental consequences" (40 CFR § 230.10a). Practicable means
available and capable:of being done after.taking into consideration, cost, existing technology,
and logistics considering the overall projectpurpose.
The foremost objective of the CWA is to restore and maintain the chemical, biological, and
physical integrity of the nation's waters through the elimination of discharges of pollutants (33
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
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Project No. 7812190167
U.S. Code [USC] § 466 et seq.). Pollutants. include dredged and -fill materials [40 CFR230.3(o)],
while the nation's waters, or. WOUS, include wetlands [40 CFR 230.3(s) (7)]. The United States
Environmental Protection Agency (EPA) 404(b)(1) Guidelines (40 CFR 230) provide the criteria
that are used in reviewing USACE permit applications, with respect to the authorization of
discharge of dredged or fill material into WOUS, including wetlands. Under EPA Guidelines, the
principalscreening action to assess the 'necessity of permitting a dischargeof dredged or fill
material, into WOUS is the analysis of practicable alternatives [40 CFR 230,10(a)].
According to 40 CFR Section 230.10(a), a discharge of dredged or fill material will be -permitted
by the USACE if no practical alternatives to the proposed discharge will have less adverse
impact on the aquatic ecosystem, and there are no other significant adverse environmental
consequences. Under 40 CFR Section 230.10(a)(2), a practicable alternative is an alternative
site that is available and capable of being developed after considering costs, existing
technology; and logistics considering overall project purposes. The permit applicant is only
required to evaluate alternatives that are considered practicable based on costs, technical
factors, or logistical factors that are capable of achieving the overall purpose of the proposed
activity.
According to the USACE Standard Operating Procedures for the Regulatory Program (SOP),
dated October 15, 1999, the amount of information necessary and the level of scrutinyrequired
by the EPA 404(b)(1) Guidelines is to commensurate with the severity of the environmental
impact and the scope/cost of the project. The SOP provides that the compliance evaluation
procedures under the EPA 404(b)(1) Guidelines vary to reflect .the degree of potential for:
adverse impacts on the aquatic ecosystems. The alternatives considered for the proposed
action were evaluated pursuant to the SOP.
4.3 ACTION ALTERNATIVES
Biologists and engineers, with input from Duke Energy, examined the action plan (rearmament
and vegetation removal alternative) to accomplish the rearmament of Sutton Lake Dam. This
alternative was examined with respect to project practicability limits and the need to avoid
and/or minimize impacts to WOUS. Wetland impacts were calculated using geographic
information system (GIS) applications and overlaying: the action alternative. footprint onto the
database of surveyed WOUS boundaries. These surveyed jurisdictional boundaries were based
on the results of the Verification of Jurisdictional Determination conducted by the USACE
Wilmington District' Office.
Proposed Sutton Lake Dam Rearmament and Vegetation Removal Criteria
A set of functional criteria was established by Duke Energy to determine the suitability of
potential.methods for the Sutton. Lake Dam Rearmament and Vegetation Removal Project. The
functional criteria are requirements for meeting the Project Purpose and Need and serve as the
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Section 404/401 Individual Permit '
Sutton Lake Dam Rearmament and Vegetation Removal Awood.' Project No. 7812190167'
principal component of the screening process to develop potentially suitable methods for the
Sutton Lake Dam Rearmament and Vegetation Removal Project. The functional criteria are
presented below in no particular. order.
Ease of constructability with the design and materials used. The easier it is to implement
the design plan during the; construction phase, the less time it will take:to complete the
project, and therefore more likely the project will be completed before another hurricane
impacts the,region.
2. Design rearmament in a manner that will increase structural integrity of the dam and will
also allow dam safety inspections.
3. Minimize impacts to WOUS.
4. Maximize pervious surfaces in the design to minimize stormwater runoff.
.4.3.1 No -Build Alternative
Under the No -Build Alternative, the Sutton Lake Dam would remain in its current condition and .
no vegetation would be cleared at the toe of the dam; therefore, there would be no impacts to
WOUS. However, under this scenario Duke Energy would not be able to properly inspect the
} dam and keep it structurally sound during storm conditions.
All action alternatives include the, placement of rip -rap and geotextile on the' cooling pond side of
the dam for rearmament. Rip -rap and geotextile will be placed along the entire interior slope of
the dam which will result in open water impacts to Sutton Lake.' Differences in the three plans
entail the materials used to solidify the crest and exterior slope of the dam.
4.3.2 Rip Rap with.-Geotextile Alternative
The rip -rap with geotextile alternative would have the. crest of the dam comprised of #4 ballast
stone to a minimum thickness, of three -inches. Voids would be filled with aggregate base
course, or ABC stone. Geotextile would be placed on the exterior slope of the dam and covered
.with two -feet of rip -rap. Rip -rap and geotextile fabric would extend to the six-foot offset from the
toe of dam to ensure adequate space for future dam safety inspections. ' .
4.3.3 Fabriform Alternative
The Fabriform alternative would entail armoring the crest with fabric formed concrete down to an
elevation of eight -feet along the -exterior slope of the.dam. The exterior slope of the dam below
an elevation of eight -feet would be covered with Geotextile fabric and two -feet of rip -rap to the
six-foot offset from the toe of the dam. The constraints to implementation include the -following:
• Increase of impervious surfaces compared to the rip -rap with geotextile alternative
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
4.3.4 Hydroturf Alternative
wood.
The Hydroturf alternative would involve the placement of a Hydroturf geomembrane with
concrete infill armoring the crest and down to an elevation of eight -feet along'the exterior slope
of the dam. The exterior slope of the dam.,below an elevation of ..eight -feet would be covered
with Geotextile fabric and two -feet of rip-rap.to the six-foot offset from the toe of the dam. The
constraints to implementation include the following:
• Increase in impervious surfaces compared to the rip -rap wifh geotextile alternative
4.4 AVOIDANCE AND MINIMIZATION OF IMPACTS
Appropriate and practicable steps to minimize potential adverse impacts to wetlands and:
streams were considered through analysis of the development concepts during project planning
for the Sutton Lake Dam Rearmament and Vegetation Removal Project. The complete
avoidance of WOUS is not practicable during rearmament of the dam. Armoring of the interior
and exterior slopes of the dam will impact.open water and wetlands. The complete avoidance of
WOUS is not practicable to armor the dam and have the required space for dam safety
inspections. Additional steps to minimize and avoid impacts to wetlands are listed below:
• Utilize materials that are pervious to minimize stormwater impacts
• Only place rip -rap with geotextile in six -feet of the 15 -foot offset to minimize wetland
impacts, wetland type will change from forested to herbaceous in the remaining nine -feet
but will still provide habitat and hydrologic functions.
• Original designs included armoring a 10 -foot buffer with. rip rap and geotextile, but it was
determined that six -feet :would be enough. for dam safety inspections and reduce.
permanent wetland impacts.
• Construction work will be conducted. from the crest of the dam to limit temporary wetland
impacts from construction machinery.
All development projects in North Carolina that disturb an acre or greater of land require an
approved Erosion & Sediment Control (E&SC) Plan. E&SC Plans must be produced in
accordance with the North Carolina Erosion and Sediment Control Planning and Design
Manual, dated May 2013. New. Hanover County is not in National Pollutant Discharge
Elimination System (NPDES) Phase I area. However, the county enacted a stormwater
ordinance in 2000 and requires stormwater controls and plans be submitted and approved by
the county., New Hanover County, relies upon the NCDEQ Wilmington Regional Office to'
oversee and enforce the North Carolina Coastal Stormwater Regulations. The Sutton Lake Dam
Rearmament and Vegetation' Removal Project will be completed in. accordance with New:
Hanover County stormwater regulations and the NCDEQ Wilmington Regional Office water
quality rules and regulations. .
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood.Project No. 7812190167
5.0 WATERS OF THE UNITED STATES
5.1 OVERVIEW
The rearmament of the Sutton Lake Dam will result in impacts to WOUS within the affected
environment of the-L.V. Sutton Energy Complex property. The wetlands and surface waters
within the affected environment of the property are discussed in this section. In addition,
relevant background information is presented and includes natural resources and physical
features that occur within the property and the affected environment. The topics include land
use, geology and topography, soils, terrestrial communities, wetlands, streams, riparian buffers,
open waters, floodplains, surface waters, and groundwater.
5.2 RELEVANT BACKGROUND INFORMATION
5.2.1 Land Use
The L.V. Sutton Energy Complex property contains the following features: power generation
plant (natural gas combined -cycle) and associated operations buildings, trailers, sheds, and
parking areas; electrical power transmission line corridors; paved and unpaved, roadways; two
inactive and excavated coal ash basins; a LOLA area; a coal ash landfill; Sutton Lake; natural
vegetated areas, including forested. and non -forested uplands and wetlands; and
stream/drainage features. Forested and non -forested areas abut portions of the property
boundaries. The Cape Fear River abuts, or occurs near, portions of the northern, western, and
southern property boundaries. Surrounding land use includes low-density residential and._
commercial and industrial properties. The L:V. Sutton Energy Complex is accessed from Sutton
Lake Road:or Sutton Steam Plant Road on the eastern side of the property.
Affected Environment:
The Sutton Lake Dam Rearmament and Vegetation Removal Project area encompasses
forested wetlands, forested uplands, an earthen embankment (i.e., Sutton Lake dam feature),
and a gravel/concrete access road constructed on top of the embankment (berm). The
embankment extends along the northern, western, and southe.rn'sides of Sutton Lake and is
partly maintained via mowing: The land within the project area is zoned as "Heavy Industrial' (I-
2 Zone District) (New Hanover County 2019a). The proposed work activities would not require a
change in zoning.
5.2.2 Geology and Topography
The L.V. Sutton Energy Complex is in the•Inner Coastal Plain Physiographic Province -of North
.Carolina, and within the Middle Atlantic Coastal Plain Level III Ecoregion of North Carolina
(Griffith et al. 2002). The property occurs within the Mid -Atlantic Floodplains and Low Terraces
Level IV Ecoregion, which includes: major river floodplains and associated low terraces; low
gradient streams with. sandy and silty substrates, oxbow lakes, ponds, and swamps. The
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Section 404/401 Individual Permit
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Project No. 7812190167
surficial material and,bedrock include: Holocene (geologic Epoch) alluvial silt, clay, gravelly
sand, local swamp deposits and organic muck; late Pleistocene (epoch) alluvial and estuarine
sand and, silt (Griffith et al. 2002). With respect to geologic formations, the property is in the
Peedee Formation (Cretaceous Period and Mesozoic Era). The rock type is sedimentary; i.e.,
marine sedimentary. rock. The most common sediment types are sand, clayey sand, and clay,
which are observed as greenish gray to olive black,,massive, glauconitic, locally fossiliferous
and calcareous material (North Carolina Geologic Survey [NCGS] 1985, NCDEQ 2019a).
Topography across, the L.V. Sutton Energy Complex ranges from 5 to 25 feet above mean sea
level (Figure 3).
Affected Environment
The Sutton Lake Dam Rearmament and, Vegetation Removal Project will have no effect on the
local geologic features of the property but will alter the topography as contours will be slightly
redesigned to complete the proposed site activities. These alterations to site topography are not
presumed to be substantial as the area of affect encompasses previously disturbed topography.
The predominant topographic feature within the project area is the earthen embankment that
borders the northern, western,' and southern sides of Sutton Lake. The crest of the dam ranges
from an elevation of 12 to 14 feet. The establishment of this feature permanently altered the
topography within the- construction footprint. The proposed site activities will not entail the
removal of the dam; plans are to raise the crest of the dam to the original as -built conditions of
an elevation of 14 feet.
5.2.3 Soils
Figure 4 depicts the soil types (map units) occurring within and in the vicinity. of the Sutton Lake
Dam Rearmament and Vegetation Removal Project area of the`L.V. Sutton Energy Complex
(NRCS 2019a). The singular soil type within the project area is Dorovan muck (DO map unit).
The Dorovan muck soils type is a. hydric soil map unit; i.e., map unit components that are
frequently ponded for long duration or very long duration during the growing season (NRCS
2019b). This soil type is typically associated with floodplains. Furthermore, with respect to the
L.V. Sutton Energy.Complex, the soil type is generally associated with the forested wetlands
that encompass the Cape Fear River and abut the waterward toe of slope of the embankment
(i.e., western and southwestern property boundaries). Sutton Lake is mapped. as Water (W map
unit) by the Natural Resources Conservation Service (NRCS).
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood.
Project No. 7812190167
Table 1. Soil types occurring within the Sutton Lake Dam Rearmament and Vegetation
Removal Project Area, L.V. Sutton Energy Complex, New Hanover County,
North Carolina.
:Soil Type
Map Unit Symbol
Hydric / Non -hydric
Dorovan muck
DO
Hydric
Affected Environment
A hydric soil, Dorovan muck (DO map unit), encompasses the entirety of the. Sutton Lake Dam
Rearmament and Vegetation Removal Project area (see Figure 4).. The embankment is
underlain by this hydric map unit; however, the fill material that comprises the embankment
does not exhibit hydric soil characteristics.
5.2.4 Terrestrial Communities
The forested upland terrestrial communities on the L.V. Sutton Energy Complex are upland
hardwood. forest, mixed pine -hardwood upland forest, and pine forest. Forested wetland
communities include basin wetland and riverine swamp forest. Shrub and brushland and
herbaceous areas also occur on the property, which encompass disturbed/altered land within
the property. Open areas include maintained areas, which are typically grassed and/or
landscaped. Information on the terrestrial communities and species composition within the
Sutton Lake Dam Rearmament and Vegetation Removal Project is: presented below..
Affected Environment
The singular upland terrestrial'community within the Sutton Lake Dam Rearmament and
Vegetation Removal Project area is pine forest. The pine forest community occurs at the
southern end of the project area. The canopy stratum is dominated by loblolly.pine (Pinus
taeda). The midstory and shrub layers consist of loblolly pine, laurel oak (Quercus laurifolia),
black cherry (Prunus serotina), southern. magnolia (Magnolia grandiflora); and wax myrtle
(Morella cerifera). The groundstory vegetation comprises Japanese honeysuckle (Lonicera
japonica), Carolina jessamine _(Gelsemium sempervirens), greenbrier (Smilax sp.), muscadine
(Vitis rotundifolia), blackberry (Rubus sp.), and hardwood seedlings. Botanical taxonomic
nomenclature is in accordance with Weakley (Weakley 2015).
The singular wetland terrestrial community within the. project area is riverine swamp forest.
Riverine swamp forests are often found along the wettest portions of large river floodplains, as
is the case with the:Cape Fear River floodplain which abuts the embankment of Sutton Lake.
The floodplain wetlands in the vicinity of the L.V. Sutton Energy Complex are identified as
Dollisons Swamp on the U.S. Geological Survey (USES) topographic mapping (USGS 2019).
1 The hydroperiod ranges from seasonal to semi-permanent inundation. Flooding generally
occurs from tides, and to a lesser extent, groundwater and overland runoff from rain events. The
Duke Energy L.V. Sutton Energy Complex
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Project No. 7812190167"
Canopy stratum within the project area includes bald cypress (Taxodium distichum), water
tupelo (Nyssa aquatica), swamp tupelo (Nyssa biflora), red maple (Acerrubrum), sweetgum
(Liquidambar styracif/ua), and sycamore (Platanus occidentalis). The midstory and shrub layers
consist of red maple, sweetgum, swamp bay. (Persea palustris), coastal Carolina hornbeam
(Carpinus caroliniana var. caroliniana), sweetbay (Magnolia virginiana), river birch (Betula
nigra), tupelo, and wax myrtle. The groundstory vegetation comprises Japanese honeysuckle,
greenbrier; cross -vine (Bignonia capreolata), switchcahe (Arundinaria tecta),'common reed
(Phragmites australis); pennywort (Hydrocotyle sp.), netted chain fern (Woodwardia areolata),
smartweed (Persicaria sp.), lanceleaf arrowhead (Sagittaria lancifolia), woolgrass bulrush
(Scirpus:cyperinus), mermaid -weed (Proserpinaca pectinata), and sedges (Carex sp.).
The Sutton Lake embankment, above an elevation of eight -feet,: is •primarily vegetatedmith forbs
and grasses, including evening -primrose (Oenothera sp.), curly dock (Rumex crispus),
Japanese- honeysuckle, southern Carolina crane's -bill (Geranium carolinianum), henbit (Lamium
amplexicaule), vetch (Vicia sp.-),and panicgrass (Panicum sp.). Below an elevation of eight -feet,
trees from the rivenne swamp forest have volunteered on the slope of the dam. The
embankment extends"along the northern, western, and southern sides of Sutton Lake and is
partly maintained via mowing.
5.2.5 Wetlands
WOUS; including ponds, streams, and wetlands, are:defined by 33 CFR Part. 328.3 et al. and
are protected by Section 404 and other applicable sections of the CWA (33 USC 1344). Impacts
to regulated resources under Section 404 of the CWA are administered and enforced by the
USACE Wilmington District.
On January 2 and April 15-22, 2015, on-site evaluations for the presence of potentially
jurisdictional surface waters within the L.V. Sutton Energy Complex were conducted. Potentially
jurisdictional wetland areas were delineated (flagged) using the Routine On -Site Determination
Method.as defined in the USACE Wetland Delineation Manual' and the Atlantic and Gulf
Coastal Plain Regionz. This technique uses a multi=parameter approach which requires positive
evidence of three criteria: hydrophytic vegetation, hydric soils, and wetland hydrology.. Areas
exhibiting wetland characteristics within the L.V. Sutton Energy Complex boundary were
considered. potentially jurisdictional waters. The landward limits of wetlands were subsequently
marked in the field with labeled survey tape tied to vegetation or. stakes. The location of each
.flag point was acquired by a Global Positioning System (GIS) device.
Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-
1. US Army Engineer Waterways Experiment Plant. Vicksburg MS.
Environmental Laboratory. 2010. "Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
Atlantic and Gulf Coastal Plain Region (Version, 2.0),"Technical Report ERDC/EL TRA 0-20. US Army Engineer
Waterways Experiment Plant. Vicksburg, MS.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood.Project No. 7812190167
As part of the 2015 jurisdictional waters evaluation, the in-house review included the US.
Department of Agriculture NRCS New Hanover County Soil Survey GIS data (Figure 4), the
NRCS New Hanover County Soil Survey — hardcopy version (NRCS 1977)-, the USGS digital
7.5' topography (Figure 3), and the USGS. topographic map — print:version (Leland, North
Carolina Quadrangle). These maps were. used to direct the on-site investigation and highlight
areas having listed hydric soils or. topographic configurations suggesting the presence of
wetlands or streams.
A request for Verification of Jurisdictional. Determination (JD) was submitted to the USACE
Wilmington Regulatory Field Office for the delineated. wetland areas within .the property. This
request -for. Verification of JD included the work areas'within the project area. Tom Charles and
John Policarpo of the. USACE conducted a site inspection of the. L.V. Sutton Energy Complex on
February 9, 2016. -The USACE has not issued an Approved JD at this time. The landward limits
of the jurisdictional wetlands (flag points) within the L.V: Sutton Energy Complex property were
surveyed by WSP, a registered Professional Land Surveyor.
Affected Environment
Based on the field approved jurisdictional feature delineation, one jurisdictional wetland area,
Wetland E, occurs'within or adjacent to the -Sutton Lake Dam Rearmament and Vegetation
Removal Project area (Figure. 5). The wetland was classified as riverine swamp forest. The
classification was based on the North Carolina Wetland Assessment Method (NC WAM) per the
methodology outlined in the NC WAM User Manual' (Version 5); effective February 2016. The
level of function of Wetland E (relative to reference condition) was assessed using NC WAM on
March 20, 2019. Three NC WAM forms were completed for Wetland E to illustrate the
differences in functionality of the same large wetland. NC WAM forms were'completed to
separately characterize the wetlands extending along Breach 1 / Area of Slope Movement, the
wetlands on the north -side of Sutton Lake near Breach 3 that include an embedded ditch, and
the remainder of Wetland E. Information on the size, NC WAM classification and rating, and
riparian nature of Wetland E within the project area -is presented in Table 2. The NCWAM
Wetland Assessment Forms for Wetland E .are in Appendix C.
' N.C. Wetland Functional Assessment Team. 2016: "N.C. Wetland Assessment Method (NC WAM) User Manual, Version
5". North Carolina Wetland Functional Assessment Team. Raleigh, NC. February 2016.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood.
Project No. 7812190167
Table 2. Wetlands''within the Suttori Lake Dam Rearmament and Vegetation Removal
Project Area, L.V. Sutton Energy Complex, New Hanover County, North
Carolina.
Wetland ID
NC WAM
Size
Riparian / Non -'riparian
NCWAM Rating
Classification
(acres)
Riverine Swamp:
Wetland E
Forest
164.62
Riparian
High
Total Acreage
164.62
*Two Portions of Wetland E received a lower NCWAM rating than the majority of Wetland E due to the Area of Slope Movement
(caused by Hurricane Florence) and an existing ditch near Breach 3.
5.2.6 Streams
A potential jurisdictional drainage feature at the L.V. Sutton Energy Complex was evaluated
during the on-site wetland evaluation timeframe using the NCDEQ Division of Water Resources
(NCDWR) Methodology for Identification of Intermittent and Perennial Streams and Their
Origins' (Version 4.11), effective September 1, 2010. The drainage feature abuts the northern
boundary of Sutton Lake. The USACE Stream Quality Assessment Worksheet was also
completed for the drainage feature. The extents of the stream were delineated and included in
the request for Verification of JD to the USAGE Wilmington Regulatory Field Office. The USACE
determined that the drainage feature was'a ditch that was created to build an access road
easement for the neighboring company, Invista. The ditch is incorporated into Wetland E and is
not considered a separate jurisdictional feature.
Affected Environment
Based 'on the field approved jurisdictional feature delineation, no jurisdictional streams occur
within or adjacent to the Sutton Lake Dam Rearmament and Vegetation Removal Project area
(Figure -5).
5.2.7 Riparian Buffers
The L.V. Sutton Energy Complex.is located within the Cape Fear River Basin (Hydrologic Unit
Code [HUC] 03030005). Review of the State of North. Carolina Buffer Regulations indicates that
the property is not.located within a river basin with buffer rules and: is not subject to state:
riparian buffer regulations. In addition, the property is not located within the City of Wilmington
municipal limits.
A review of the New Hanover County Zoning Ordinance (specifically, Section 55.1-6: Vegetated
Buffer Controls for Conservation [1/20/04]) indicates that a vegetated buffer (extending 35 feet
North Carolina Division of Water Quality. 2010. "Methodology for Identification of Intermittent and Perennial
Streams and their Origins, Version 4.11". North Carolina Department of Environment and Natural Resources,
Division of Water.Quality. Raleigh, NC.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167 .
wood.'
landward from the'edge of a conservation resource) is required if a parcel proposed for
development is located,wholly or partially within a Conservation Overlay District and if the
fol lowi no. conservation resources are associated with the parcel: salt marsh, brackish marsh,
freshwater marsh, and/or primary nursery.area (New Hanover County 2019b).
Affected. Environment
The Sutton Lake Dam.Rearmament and Vegetation Removal Project area is not located within
a Conservation Overlay District and does.not encompass any of the aforementioned
conservation resources. Wetland:E is a riverine swamp forest.
5.2.8 Open Waters
The largest waterbody within the L.V. Sutton Energy Complex is Sutton Lake. Sutton Lake is a
cooling pond that is now managed by the North Carolina Wildlife Resources Commission.
Sutton Lake is a WOUS. In addition to Sutton Lake, four small waterbodies are shown on the
USGS topographic,map (USGS 2019). These four smaller features, however, are jurisdictional
basin wetlands (i.e., not open waters) and occur outside the working limits of the Sutton Lake
Dam Rearmament and Vegetation Removal Project area.
Affected Environment
Sutton Lake, the Intake Canal and the Intake Bay are the only USACE (CWA Section 404)
jurisdictional open water areas located within the Sutton Lake Dam Rearmament and
Vegetation Removal Project area. All rearmament that occurs in open water will occur on sand
cement or concrete. No native substrate/habitat will.be impacted by the Sutton Lake Dam
Rearmament and Vegetation Removal Project.
5.2.9 Floodplains-
Floodplain management is conducted in compliance with Executive Order (EO) 11988. The
National Flood Insurance Program (NFIP).was created in 1968 to protect lives and property and
to reduce the financial burden of providing. disaster assistance. The NFIP is administered by the
Federal Emergency Management Agency (FEMA). In partnership with FEMA,.the State of North.
Carolina has produced flood maps in accordance with FEMA standards. Wood reviewed Digital
Flood Insurance Rate Maps (DFIRM) to determine whether any.portion of the L.V. Sutton
Energy Complex property lies within the regulatory 100 -year floodplain (Flood Insurance Rate
Map [FIRM] Panels 3720320000L, 3720229000L, 3720219900L, 3720310900L, and
3720311900K [effective date August 28, 2018, all panels]) (FEMA 2019). Based on this review,
Sutton Lake and wetland areas (riverine swamp forest) abutting .the western and southern
property boundaries are within the regulated 100 -year floodplain (refer to Figure 6).
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
.Project No. 7812190167
Affected Environment
L"1970no
The review'of the FEMA DFIRM. delineated flood boundaries identified that jurisdictional waters
within the Sutton Lake, Dam Rearmament and Vegetation Removal. Project area lie within the
100 -year flood zone.(Figure 6). Both Wetland E and Sutton Lake lie entirely within the100-year
flood zone.
Wood reviewed the.New Hanover County Flood Damage Prevention Ordinance for local
government requirements for work in floodplains (New Hanover. County 2019c). A Floodplain
Development Permit is typically required under the provisions of Article 4, Section B (Floodplain
Development Application, Permit and Certification Requirements) of the New Hanover County
Flood Damage Prevention Ordinance prior to the commencement of any development: activities
.within Special Flood Hazard Areas determined in accordance with the provisions of the
ordinance (New Hanover County 2019c). The application for the Floodplain Development Permit
must be submitted for review by the county before development activity begins. Work conducted
within the 100-yearfloodplain requires review/consultation with the New Hanover County
Floodplain Administrator. Consultation between New Hanover County regulatory staff and the
permit applicant would confirm whether or not a Floodplain Development Permit would be
required for work conducted within and limited to the Sutton Lake Dam Rearmament and
Vegetation Removal Project area.
5.2.10 Surface Waters
Surface waters include streams, rivers, lakes, and reservoirs. The L.V. Sutton Energy Complex
property is located entirely within the Cape Fear River Basin (NCDEQ 2019b) and the Inner
Coastal Plain Physiographic Province: The Cape Fear. River abuts, or occurs near, portions of
the northern, western, and southern property boundaries. The surface water classification listed
for the Cape Fear River on the most recent NCDEQ surface water data (NCDEQ 2019c), as it
occurs adjacent to the L.V. Sutton Energy Complex, is ".0 (aquatic.life, secondary recreation,
fresh water); Sw (swamp waters)". The "C" classification includes waters protected for uses
such as second ary.recreation, fishing, wildlife, fish consumption; aquatic life including
propagation, survival and maintenance of biological integrity, and agriculture. Secondary
recreation includes wading; boating, and other uses involving human body.contact with water
where such activities take place in an infrequent, unorganized, or incidental manner. This
classification of the.Cape Fear River encompasses the portion of the river that extends from the
.raw water supply intake at Federal Paper Board Corporation (Riegelwood) to upstream mouth of
Toomers Creek (NCDEQ 2019d). The "Sw" classification is a supplemental classification
intended to recognize those waters which have low. velocities and other natural characteristics
which are different from adjacent streams: The portion of the Cape Fear River that occurs
adjacent to the L.V. Sutton Energy Complex is included on the "2018 Draft 303(d) List' of
impaired waters (NCDEQ 20190). Specifically, the listing identifies four miles of the river from
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood.Project No. 7812190167
..the raw water supply.intake at Riegelwood to Bryant Mill Creek. The assessment criteria status
is presented as "exceeding criteria" with a rating of "fair". The parameter of interest is "benthos".
Affected Environment
.No impacts will occur to the Cape Fear River for the Sutton Lake Dam Rearmament and.
Vegetation Removal Project. Furthermore, the project area (working limits) :does not encompass
the Cape Fear River. Sutton Lake, the Intake Canal 'and the Intake Bay are surface waters that
will be impacted by the project. All rearmament that occurs in those surface waters will occur on
sand cement or concrete. No native substrate/habitat will be impacted by the Sutton .Lake Dam
Rearmament and Vegetation Removal Project.
5.2.11 Groundwater
Groundwater refers to subsurface hydrologic resources that are used for domestic, agricultural,
and industrial purposes. Groundwater is stored in natural geologic formations. called aquifers. In
the coastal plain, an aquifer is typically composed of one to several layers of eastward:
thickening, permeable sands or limestone split by discontinuous, clay -rich materials (NCDEQ
20190. 'Confining units, consisting of clay -rich sediments, exist above and below an aquifer.
These confining units are more continuous clay layers and separate the aquifers. The surficial
or unconfined aquifer overlies all the confined aquifers in the coastal plain. The L.V. Sutton
Energy. Complex is located within the Lower Cape Fear aquifer. This aquifer is present at
elevations -of -71 to -3267 feet, averaging -770 feet (referenced to mean sea level) (NCDEQ
2019f). The Lower Cape Fear aquifer ranges from 23 to 2730 feet in thickness and averages
403 feet. The aquifer is composed of fine. to coarse sands. Wells typically yield 200 to 400
gallons. per: minute.
Affected Environment:
The Sutton Lake Dam' Rearmament and Vegetation Removal Project area occurs within the
Lower Cape Fear Aquifer. The proposed action will not draw water from
subsurface/groundwater sources'. Therefore,, the project should have no substantial effect on the
Lower Cape Fear Aquifer.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
wood.
6.0 PROPOSED IMPACTS TO WATERS OF THE UNITED. STATES
6.1 EXTENT OF IMPACTS
Wetland E occurs within the northern, western, and southern portions of the Sutton Lake Dam
Rearmament and Vegetation Removal Project area. Some impacts to wetlands from. the. project
operations are classified as permanent, while others are classified as temporary impacts. Table
3 presents acreage values of the proposed permanent and temporary impacts to jurisdictional
wetlands within the project area. Table 4' presents acreage values of the proposed maintenance
repair area to jurisdictional open waters within the project area. Additional minimization of
wetland impacts was not practicable due to the need for the establishment of open areas (i.e.,
areas with 'no vegetative obstruction) to facilitate dam safety inspections. The' Plan View and
Cross-section drawings of the impacts to 1 VOUS are provided in .Appendix A.
Table 3. Proposed impacts to jurisdictional wetlands for the Sutton Lake Dam
Rearmament and. Vegetation Removal Project Area, L.V. Sutton Energy Complex, New
Hanover County, North Carolina.
*Two Portions of Wetland E a received a JoWer NCWAM rating than the majority of Wetland E.
Proposed Impacts
Resource,Type
Wetlands —
Wetlands —
NCWAM Overall
Permanent
Temporary
(acres)*
(acres)
Rating
Wetland E.
2.51
2.56
High
Wetland E
(Breach 1/Area of
0.05.
0.21
Medium
Slope Movement)
Wetland E
(Breach 3/Ditch
0.17
0.68
Low
in Wetland)
Total
2.73
3.45
Project Total
I. . 6.18
*Two Portions of Wetland E a received a JoWer NCWAM rating than the majority of Wetland E.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
wood.-
Table4.
Proposed maintenance repair -area to jurisdictional open water for the'Sutton
Lake Dam Rearmament and Vegetation Removal Project Area, L.V. Sutton Energy
Complex, New Hanover County, North Carolina.
Resource Type
Proposed Permanent Repair
Open Water (acres)
Sutton Lake *and
Intake
.3.20
Canal/Intake Bay
Total
3.20
*All proposed permanent repair to open water will occur on sand cement or.
concrete, not native substrate or habitat.
6.2 CUMULATIVE IMPACTS
The USACE is required to determine both potential short-term and long-term effects of a
proposed discharge of dredged and fill material on the physical, chemical; and biological
components of an aquatic environment, including the effects of cumulative impacts. A review of
potential cumulative impacts to WOUS because of the construction of the Sutton Lake Dam
Rearmament and Vegetation Removal Project indicates that the proposed. discharge would
have no substantial adverse effects on the aquatic ecosystem. The rationale for this .
presumption is based on the following considerations:
• Although the total amount of proposed wetland impacts for the project is 6.18 acres, the.
impacts will, be spread along the entire length of the dam, which is 3.6 miles. The
permanent six-foot offset of rip -rap will be 2.73 acres and will have a limited impact on the
function of the riverine swamp forest that is between the dam and the Cape Fear River.
The remaining 3.45 acres -of temporary impact for vegetation removal will change the plant
community structure/composition to herbaceous wetlands; however, the wetlands will
eventually return to a forested ecosystem.
• The proposed maintenance repairs within the WOUS from the Sutton Lake Dame.
Rearmament and Vegetation Removal construction have no effect on the quality of other
jurisdictional waters occurring within the L.V. Sutton Energy Complex or beyond the plant
property. This presumption is based on the review of environmental documentation
regarding known current -and past federal and rion-federal actions at the plant.
• The repairs .along the interior slope of Sutton Lake, including the Intake Canal/Intake Bay,
will occur within the original footprint of the Sutton Lake Dam design and will occur on
sand cement or concrete 'of the original dam; not on native substrate. These factors will
.allow the project maintenance repairs to fall under a Nationwide Permit 3 — Maintenance;
instead of impacts covered by the IP. Open water repair values have been included in this
WMP to streamline information and the permitting process for federal and state agencies.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
7.0 COMPENSATORY MITIGATION
7.1 MITIGATION REQUIREMENTS
wood.
On April 10, 2008, the Department of Defense, in conjunction with the EPA, issued
Compensatory Mitigation for Losses of Aquatic Resources; Final Rule (33 CFR Parts 325 and
332; 40 CFR Part 230). This mitigation rule is designed to improve planning and management of
compensatory mitigation projects for impacts which are authorized under.Department of the
Army permits. The rule stresses a watershed approach to mitigation project locations and
-requires ecological performance standards and annual monitoring of an implemented mitigation
plan.
7.2 MITIGATION PLAN
Compensatory mitigation for the proposed impacts will be required by the USACE under the
Section 404 IP regulatory process. Appropriate avoidance and practicable minimization efforts
have been conducted through the design of. the Sutton Lake Dam,. Rearmament and Vegetation
Removal Project. However, unavoidable impacts to on-site WOUS are necessary to complete
the proposed action. The details of the proposed compensatory mitigation plan for these
unavoidable impacts are presented below for the preferred alternative.
The compensatory mitigation options evaluated for the proposed action included: (1) credit
purchase from an approved private mitigation bank or (2) credit purchase through the North
Carolina Division of Mitigation Services (NCDMS) In -Lieu Fee Program. Riparian wetland
credits are available for purchase through the Lower Cape Fear Umbrella Mitigation Bank. On-
site mitigation and off-site mitigation opportunities were not explored because the private
mitigation bank option was already available. No compensatory mitigation is proposed for
temporary impacts.:No compensatory mitigation is proposed for•:open water repairs in Sutton
-Lake and the Intake Canal/Intake Bay.
Suggested mitigation ratios are provided below. Final mitigation ratios will be confirmed by the
USACE:
• A mitigation ratio of 2:1' was applied for riparian wetlands with a NC WAM overall rating of
high.
• Mitigation is not being pursued for riparian wetlands with a NC WAM overall rating of low
or medium. The functionality of those wetlands in the narrow impact area has been
severely altered due to the slope movement near Breach 1 and. the ditch adjacent to
Breach 3.
The L.V. Sutton Energy Complex is within the Cape Fear River Basin watershed and is a
watershed where Riparian Buffer Rules are not in affect or administered by -the State of North
Carolina. Therefore, mitigation is not included in Table 5 for impacts to riparian buffers. The cost
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167 .
wood.
estimates presented below are preliminary estimates based on mitigation ratios that have not
been verified by the USACE.
Table 5. Potential mitigation costs for impacts to WOUS, Sutton Lake Dam Rearmament
and Vegetation Removal Project Area, L.V. Sutton Energy Complex, New Hanover
County, North Carolina.
Fee Category
Features
. Impact Total
NCDMS Unit Cost
Total Cost'
Riparian Wetland (Cape
Wetland E
(NC WAM High
2.51. acre
$60,187.45..:$302,141.00
Fear HUC 03030005)
Rating)
(2:1 ratio)
Riparian Wetland (Cape
Wetland E
(NC.WAM
0.05 acre
$60,187.45
$02
Fear HUC 03030005
Medium Rating)
(0:1 ratio)
Riparian Wetland (Cape
Wetland E
(NC WAM Low
0.17 acre
$60,187.45
.-$02
Fear HUC 03030005)
Rating)
(0:1 ratio)
Total
$302,141.00
Total cost not approved by the USACE or NCDWR as. of this draft.
z Mitigation is not being pursued for riparian wetlands with NCWAM overall rating of low/medium; functionality of those wetlands in
the narrow impact area has been severely altered due to the slope movement near Breach 1 and the ditch adjacent to Breach 3.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit '
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
8.0 PROTECTED SPECIES
8.1 BACKGROUND
wood.
Certain plant and animal species are protected by the Federal Endangered Species Act (ESA)
.of 1973 (16 USC 1531-1544, December 28,.1973, as amended 1976-1982, 1984, and 1.988),
which is administered and enforced by the US Fish and Wildlife Service (USFWS), Region 4.
USACE IP and Nationwide Permit General Condition 11, require that projects authorized by the
USACE do not adversely affect federally protected species. Should a finding of adverse effect
be presumed by the USACE, coordination with the USFWS is typically required to avoid impacts
or minimize impacts to the practicable extent (Section 7 Consultation).
A records search was conducted to identify documented federally -protected species (threatened
or endangered) and federal Species of Concern which have elemental occurrences in New
Hanover County. As specifically related to the North.Carolina Natural Heritage Program
(NCNHP) database search, the query of elemental occurrences encompassed a one -mile radius
of the Sutton Lake Dam Rearmament and Vegetation Removal Project area. Both federal and
state databases were reviewed:
• NCNHP database query request (NCNHP 2019)
• USFWS Information for Planning and Conservation (IPaC) database (USFWS' 2019a)
• USFWS Raleigh Ecological Services Field Office website (USFWS 2019b)
The purpose of the records search was to determine whether federally listed plant and animal
species or designated critical habitat may be near the L.V. Sutton Energy Complex and,
specifically, near the Sutton Lake Dam Rearmament and Vegetation Removal Project area.
Table 6 presents the results of the records search for New Hanover County. Known habitats
used by the species listed in Table 6 were.compared with the habitats occurring within .the
project area to determine the potential for occurrence for each -species and the potential for
effect that the implementation, of the proposed project activities would have on these species.
The potential for effect that the project activities would have on the:species listed in Table 6 was
based on the following factors:
• A'comparison of the known habitat uses by these species
• The habitats (if present) within the plant property
• The quantity, quality, and proximity of these habitats
• Observations of these species or their sign during field reconnaissance
• The proposed site activities (construction materials and equipment)
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
wood.
Table 6. Potential for effect for federally listed animal and plant species within the Sutton
Lake Dam Rearmament and Vegetation Removal. Project Area, L.V. Sutton
Energy Complex, New Hanover County; North Carolina.
Common Name
Federal
General' Habitat Description
Potential
(Scientific Name).*
Status
for Effect
Mammals
Summer habitat includes deciduous forests and
mixed evergreen -deciduous forests, with bats
roosting singly or in colonies underneath bark, in
cavities, or in crevices of both live and dead
May affect,
Northern long-eared bat
trees. Specifically, dead, or partially dead,
but not likely
(Myotis septentrionalis)
T
hardwood trees with exfoliating bark are
to.adversely
preferred (suitable roost trees). Winter
affect
hibernating habitat (hibernacula) includes caves
and mines, typically with large passages and
entrances, constant temperatures, and high
humidity with no air currents.
Warm waters of estuaries and river mouths. The
species inhabits both salt and fresh waterof
sufficient depth (5 feet to usually less than 20
feet). Found in canals, rivers, estuarine habitats,
and saltwater bays.. Between October and April,
West Indian manatee
E
manatees concentrate in areas of warmer water.
No Effect
(Trichechus manatus)
When water temperatures drop below 21 to 22
C°, they migrate to south Florida or form large
aggregations in natural springs and industrial
outfalls. During warmer months they appear to
choose areas based on an adequate food
supply, water depth, and proximity to fresh water.
Birds
Forestedhabitats for nesting.pnd:roosting, and
May affect,
Bald eagle .,
expanses of shallow fresh or salt water for
but not likely
(Haliaeetus'
BGEPA
foraging. Nesting. habitat generally consists of
to adversely
leucocephalus)
densely forested areas of mature trees that are
affect
isolated from human disturbance.:
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
0 0=10 lei
Common Name_ .
Federal
General Habitat Description
Potential
(Scientific Name)
Status
for Effect
Mature pine forests, specifically those with
longleaf pines (Pinus palustris) averaging 80 to
120 years old and loblolly pines (Pinus taeda)
Red -cockaded
averaging 70 to 100 years old. Pine trees with
woodpecker (RCW)
E
red -heart disease are preferred for cavity .
No Effect
(Picoides borealis)
nesting. :Suitable foraging habitat typically
exhibits sparse understory (minimal hardwood
regeneration). Fire (control burning) is important
in maintaining suitable foraging and nesting
habitat.
Transient (during migration) and winter resident
along the coast. Knots favor tidal water for
Red knot
foraging, such as ocean and inlet beaches, or
(Calidds canutus Tufa)
T
other sand flats; however, they are not as
No Effect
numerous on the extensive wet mud of tidal flats.
Knots also forage in shallow water of coastal
impoundments and pools.
Ocean beaches and island -end flats. North
Carolina is at the northern extent of the wintering
range and is an important stopover area during
spring and fall migration. In addition, North
Carolina is the only state on the Atlantic coast
Piping lover
p g P
T
where the breeding range overlaps with the
No'Effect
(Charadrius melodus)
wintering range. The species breeds on sand
flats, mainly near inlets or overwash areas, and it
forages mostly on sand flats and on sandy
shores, though usually not at the ocean edge.
The.species is very rarely seen inland; i.e.,
almost always on mudflats at reservoirs.
Reptiles
Green sea turtle
T
Nests on beaches; forages in ocean and sounds.
No Effect
(Chelonia mydas)
Hawksbill sea turtle
(Eretmochelys
E
Oceans, ver rarely in sounds.
No Effect
imbricata)
Kemp's Ridley sea turtle
E
Ocean and sounds.
No Effect
(Lepidochelys kempil)
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
.Project No. 7812190167
wood.
Common Name,
Federal
General Habitat Description
Potential
(Scientific Name)
Status
for Effect
Leatherback sea turtle
E
Oceans, rarely in sounds.
No Effect
(Dermochelys coriacea)
Loggerhead sea turtle.
T
Nests. on beaches; forages in ocean and sounds.
No Effect
(Caretta caretta) .
Plants
Ecotones between calcareous wet savannas and
Cooley's meadowrue
E
adjacent swamp forests, shallowly underlain by
No Effect
(Thalictrum cooleyi)
coquina limestone ("marl"), generally within a few
feet of pond cypress and tuliptree.
Ecotones between very wet clay savannas and
Golden sedge,
E
swamp forests, shallowly underlain by coquina
No Effect
(Carex lutea)
limestone, with open canopy of pond cypress
and tuliptree.
Rough -leaved
Low pocosins, high pocosins; streamhead
loosestrife
E
pocosins, savanna-pocosin ecotones, sandhill
No Effect
(Lysimachia
pocosin ecotones..
asperulaefolia)
Seabeach amaranth
T
Ocean beaches, fore -dunes, island end flats,
No Effect
(Amaranthus pumilus)
rarely on sound -side beaches:
Sources: NCNHP List of Rare Species of North Carolina; USFWS IPaC; USFWS Environmental Conservation Online System -
Species Profiles; County list (USFWS Raleigh Ecological Services); NatureServe Explorer.
Notes: E = Endangered; T = Threatened; BGEPA = Bald and Golden Eagle Protection Act.
8.2 AFFECTED ENVIRONMENT
Wood conducted general field reconnaissance of the Sutton Lake Dam Rearmament and
Vegetation Removal Project area on September 28; 2018, and March 20, 2019. No federally
protected species for New Hanover County were observed during the field reconnaissance. A
query of the USFWS IPac database on March 6, 2019, and its results are included in Appendix
D. There were no reported element occurrences of federally listed species within the project
area based on the results of the.NCNHP database query (April 30, 2019). The NCNHP report is
included in Appendix D.
On April 2, 2015, the northern long-eared bat (NLEB) was listed by the USFWS as threatened
under the -ESA. The listing was -primarily due to the impacts of white -nose syndrome on the
species, a disease which has killed millions of cave=hibernating bats. The USFWS also
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood..Project No. 7812190167
developed a final 4(d) rule, which was published in the Federal Register (FR) on January 14,
2016. The summer'habitat of the NLEB includes deciduous forests and mixed evergreen -
deciduous forests, with bats roosting singly or in colonies underneath bark, in cavities, or in
crevices of both live and dead trees. Specifically, dead, or partially dead, hardwood trees. with
exfoliating bark are 'preferred as suitable roost trees. Dead or dying trees with exfoliating bark
are present within the project vicinity, however, the abundance of the dead/dying trees is low.
Live trees with exfoliating bark, -specifically white oak (Quercus alba), are not present within the
project area. Open water habitats (i.e., rivers, lakes, and ponds with insect populations) within or
near the project area include the Cape Fear River and Sutton Lake. These open water features
provide foraging opportunities for the NLEB. Winter hibernating habitat (hibernacula) for the
NLEB includes caves and mines, typically with large passages and entrances, constant
temperatures, and high humidity with no -air currents. No hibernacula are known to occur'at or
within 0.25 mile of the project area based on the NCNHP report (March 6, 2019). Additionally,
tree removal in general does not constitute incidental take unless a tree is a known maternity
roost tree and the removal is performed during the pup season [identified as June 1 to July 31 in
the 4(d) rule]. However, there are no known NLEB maternity roost trees at the project area
based on the aforementioned NCNHP report. With these considerations, the potential for effect
for the NLEB was presumed to.be "May Affect, Not Likely to Adversely Affect" as related to the
work activities for the Sutton Lake Dam Rearmament and Vegetation Removal Project area.
The manatee occurs annually along the'coast of North Carolina, mainly along the southern third
of the coast (Carteret County southward). Manatees tend to be seen inshore of the ocean, such
as along the Intracoastal Waterway or other bays, estuaries, and lower portions of large rivers
(at bay mouths), generally favoring brackish waters. Migration extends up and down the
Intracoastal Waterway. Manatees are less frequently seen in the inshore ocean and seldom or
never seen up -river farther than the embayed portions, such as New Bern. The potential for
effect for the manatee was presumed to be "No Effect" as related to the work activities foe the
Sutton Lake Dam Rearmament and Vegetation Removal Project area.
Red -cockaded woodpecker (RCW) habitat includes forests with trees old enough for roosting,
generally at least 60 to 120 years old, depending on species of pine. For nesting and roosting
'habitat, the. RCW needs open stands of pine containing trees 60 years old and older. The
species• uses live, large older pines in which to excavate their roosting cavities. Longleaf pines
are preferred, but other species of southern pine are also acceptable. Dense stands (stands
that are primarily hardwoods, or that have'a dense hardwood understory) are avoided. Foraging
habitat is provided in pine and, pine -hardwood stands 30 years old or older with foraging
preference for pine trees 10 inches or larger in diameter. In good, moderately -stocked, pine
habitat, sufficient foraging substrate can be provided on 80 to 125 acres. Roosting cavities are
excavated in living pines, and usually in those which are infected with a fungus known as red -
heart disease. Hardwood midstory encroachment substantially lowers the potential for roosting
opportunities. Prescribed burning is the most efficient'and ecologically beneficial method to
accomplish hardwood midstory control. The quality of the existing.forested habitat within, and
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal Awood.'
.Project No. 7812190167
surrounding, the Sutton Lake Dam Rearmament and Vegetation Removal Project area is
substantially less than suitable, or not present, for the RCW. The forested habitat primarily
includes riverine swamp forest, -.which is not suitable for foraging or cavity nesting by the RCW.
The small, upland, pine forest community that occurs at the southern end of the project area is
dominated by loblolly -pine (canopy straturn). This pine area includes dense midstory and shrub
layers, which have developed under the absence of a controlled burning regime. No RCW
cavity holes or start holes were observed in this pine, area during the March 20, 2019, field
reconnaissance. Overall, the potential for.occurrence of the RCW (i.e., foraging or roosting) is
.presumed to be unlikely. With these considerations, the potential for effect for the RCW within
the project area was determined to be "No Effect".
Although no longer afforded protection by the ESA as of June 29, 2007, the bald eagle is: still
.protected under the BGEPA and the Migratory Bird Treaty Act, both of which protect.bald
eagles by prohibiting killing, selling or otherwise disturbing eagles, their nests; or eggs. Habitats
include riparian areas along the coast and near major rivers, wetlands, and reservoirs. Bald
eagles typically nest, in large, tall, open -topped pines near openvaters. They feed primarily on
fish, but will also take a variety of birds, mammals, and turtles. The Cape Fear River, which
abuts, or occurs near, portions of the northern, western, and southern property boundaries,
provides suitable foraging habitat for eagles.. Suitable foraging habitat is also present, at Sutton
Lake. Large pine trees (i.e., potential nesting sites) are uncommon within the forested river
floodplain. No eagle nests are known to occur, or have been observed, within the project area.
With these considerations, the. potential for effect for,the bald eagle within the project area was
determined to be "May Affect, Not Likely to Adversely Affect".
Based on the results of the reconnaissance, there is.no:suitable habitat present within the
Sutton .Lake Dam Rearmament' and Vegetation Removal Project area for sea.turtles, the piping.
plover, or the red knot: The potential for effect for these species within the project area was
determined to be `.`No Effect".
Suitable, habitat for Cooley's rrmeadowrue, golden sedge, rough -leaved loosestrife, and
seabeach amaranth was either not present.or very limited (i.e.,' very low in quantity and/or
quality). The Sutton Lake embankment, which extends- along the northern, western, and
southern.sides of Sutton Lake; is primarily vegetated with forbs, vines, and grasses. The
embankment is routinely maintained via mowing. No ecotone is present between the toe .of the
maintained embankment and the riverine. swamp community that abuts the embankment. None
of the above listed plant species was observed during the March 20, 2019,.field
reconnaissance. With these considerations, the potential for effect for these species within the
project area was determined to be "No Effect".
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167 wood.
9.0 CULTURAL RESOURCES
9.1 BACKGROUND
Section 404 of the CWA requires that projects authorized by the USACE do not adversely affect
historical properties which are listed or eligible for listing on the National Register of Historic
Places (NRNP). Cultural resources are protected by Section 106 of the National Historic
Preservation Act.
The Section 106 process consists of consultation with state and federal agencies, consultation
with Native American tribes by the lead federal agency, and the identification and evaluation of
cultural resources for inclusion in the NRHP. Section 106 of the National Historic Preservation
Act, 36 CFR Part 800 (as amended), requires that impacts to cultural resources (archaeological
sites and historic structures/properties) be considered during a federal undertaking or when a
federal permit is needed for a project. Impacts to cultural resources are regulated by the lead
federal agency in cooperation with the North Carolina State Historic Preservation Office
(NCSHPO). For a cultural resource to be listed on the NRHP, it must meet at least one of the
following four criteria for significance:
• Associated with events that have made a significant contribution to broad patterns of
history
• Associated with the lives of persons significant in our past
• Embodies the distinctive characteristics of a type, period, or method of construction, or
that represent the work of a master, or that possess high artistic values, or that represent
a significant and distinguishable entity whose components may lack individual distinction
• Have yielded, or may be likely to yield, information important in prehistory or history
Wood conducted a cultural resource screening to assess the presence/absence of known
cultural resources and NRHP-listed resources within a half -mile search radius of the Sutton
Lake Dam Rearmament and Vegetation Removal Project area. The research included a review
of the online NCSHPO Web GIS Service (http://gis.ncdcr.gov/hpoweb/) and the May 15, 2015
Natural Resources Technical Report prepared by Wood for the L.V. Sutton Energy Complex
(Amec Foster Wheeler 2015, NCSHPO 2019). The investigation did not include field efforts to
identify or verify cultural resources identified by the online NCSHPO Web GIS Service, and no
visits to the NCSHPO office or formal coordination with the NCSHPO office were included in this
review. The May 15, 2015, Natural Resources Technical Report prepared by Wood for the L.V.
Sutton Energy Complex included both a review of archaeological files at NCSHPO office and
the online NCSHPO Web GIS Service (http://gis.ncdcr.gov/hpoweb/).
According to the North Carolina Office of State Archaeology records reviewed during a visit to
the NCSHPO office for the previously mentioned 2015 report, the study area has not been
formally surveyed for archaeological resources. No sites have been identified within the L.V.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood.Project No. 7812190167
Sutton Energy Complex. As a part of the permit process, required and routine consultation with
the NCSHPO under Section 106 of the National Historic Preservation Act (NHPA) will'be
undertaken by the USACE Wilmington District.
9.2 AFFECTED ENVIRONMENT
According.to NCSHPO office's GIS Services web site and the 2015 Natural Resources
Technical Report, no architectural sites have been identified within a half -mile radius of
the Sutton Lake Dam.Rearmament and Vegetation Removal Project area. According to..
the North Carolina Office of State Archaeology Records, none of the project area has
been surveyed for archaeological resources.
The implementatiori.of the Sutton Lake Dam Rearmament and Vegetation Removal
Project. operations is not expected to affect NRHP cultural resources or historical
properties. Federal permits shall be sought for the project. As a part of the permit
process, required and :routine consultation with NCSHPO under. Section 106 of the
NHPA will be undertaken by the USACE Wilmington District. Consultation with
NCSHPO may be a necessary part of the USACE IP process.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood.
Project No. 7812190167
10.0 ENVIRONMENTAL JUSTICE
10.1 BACKGROUND
Environmental justice considers sensitive.minority and low-income populations in the community
to determine whether a proposed action and its alternatives may have a disproportionately high
and adverse human health or environmental effect on those populations. Environmental Justice
analysis is conducted in compliance with EO 12898 (59 FR 7629), Federal -Actions to Address .
Environmental Justice'in Minority Populations and Low-income Populations. Based on. guidance
from the CEQ, minority populations should be identified where either (a) the minority population
of the area exceeds 50 percent (%o), or (b) the minority population percentage of the affected
area is substantially greater than the minority population percentage in the'general population or
other appropriate unit of geographic analysis (CEQ 1997). Hispanic or Latino populations are
not defined_as a racial designation, but rather an ethnic: population. Hispanics.or Latinos may be
white, black or any race. According to the US Census definitions contained in the 2010 Census .
Summary File 1, origin can be viewed as the heritage, nationality group, lineage, or country of
birth of the person or the person's parents or ancestors before their arrival in the United States
(USCB 2012). The origin of Hispanics or Latinos is generally regarded as Spanish speaking
countries in Central or South' America, Spain or the Dominican Republic.
Low-income populations are defined as those below the federal poverty thresholds identified
using statistical poverty thresholds from the US Census. EPA guidance states, "The
composition of the population should then be compared to the characteristics of the population
(e.g., percentage of minority populations residing near a proposed project versus the
percentage of minority populations located within a single or multiple -county area surrounding
the proposed project)" (EPA 1998). Applying this methodology, the percentage of low-income
and minority populations near the Sutton Lake Dam Rearmament and Vegetation Removal
Project (City of Wilmington and New Hanover County) is compared to the percentage of low-
income. and minority populations located within North Carolina. A low-income or minority
population is identified when an area has a poverty rate or minority population percentage that
is substantially greater than the state.
To summarize, EO 12898 instructs federal agencies.to identify and address, within the scope of
the proposed programs, policies and activities that may have disproportionately high adverse
effects on human health or environmental. effects on minority and low-income populations.
Furthermore, according to CEQ guidelines, USCB data are typically used to determine minority
and low=income population percentages in the affected area of a project to conduct a qualitative
assessment of potential environmental justice impacts.
'10.2 AFFECTED ENVIRONMENT
Wood examined 2010 and 2012 USCB data to determine minority and low-income population
percentages in the affected area of the project to facilitate the qualitative assessment of.:
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167 .
wood.
potential environmental justice impacts. The avoidance of adverse impacts upon minority and/or
low-income communities is an important component of the Sutton Lake Dam Rearmament and
Vegetation Removal Project. The data used in this analysis are a combination of USCB 2010
Census, along with 2012 estimated poverty levels for the City of.Wilmington, New Hanover
County and North Carolina, where 2010 data were not available.. City of Wilmington statistics
were analyzed and compared with New Hanover County and North Carolina statistics. The
Sutton Lake Dam Rearmament and Vegetation Project area is in Wilmington,' NC 28401.
The project area is -.to the northwest of the Wilmington and in the northwestern portion.of New
Hanover. County. It is located between the Cape Fear River and the Northeast Cape Fear River
in an industrial zoned area, with the nearest residentially zoned district over two miles away.
The 2010 Census reported that the City of Wilmington's population was 106,476, while New
Hanover County's. population was 202,667 and North Carolina's -population was 9,535,483
(USCB 2019). Minority populations of the City of Wilmington and New Hanover County are the
same or lower than at the state level for all listed races. According to the 2010 Census, the
project will not cause. disproportionately high and adverse human, health or environmental
effects on minorities. Table 7 summarizes the percentages and total number of individuals for
each race at the city, county, and state levels.
-Table 7. Comparative analysis of 2010 population and race. dynamics in percentage (and
individuals) for the Sutton Lake Dam Rearmament and Vegetation Removal
Project Area, L.V. Sutton Energy Complex, New Hanover County, North Carolina.
Poverty data were. not -available from 2010 to compare with the. US: Census data, so 2012
estimates were used -in the assessment. Although the data do not'directly correlate with -the
population and minority data analyzed above, it is the closest data available and should provide
a good representation of what.trends occurred in 2010.. According to Census data, children are
under 18 years old and seniors are at least 65 years old.
American
Native
Black or
Indian
Hawaiian
Two or
White
African,.
and:
Asian
and
Other
More
Total
American-
Alaska
Other
Races
Native
Pacific
City of
73.5
19.9.
0.5
1.2
0.1
2.6
. 2.2
'100
Wilmington
(78,286)
(21,158)
(514)
(1,263)
(78)
(2,817)
.(2,360)
(106,476)
New
79.1
14.8
0.5
1.2
0.1
2.4
2.0
100
Hanover
(160,298) -
(29,907)
(1,005)
(2,410)
(130).
(4,852)
(4,065)
(202,667)
County
North
68.5
21.5.
1.3
2.2
0.1
4.3
2.2
100
Carolina
(6,528,950)
(2,048,628)
(122,110)
(208,962)
(6,604)
(414,030)
(206,199)
.(9,535,483)
Poverty data were. not -available from 2010 to compare with the. US: Census data, so 2012
estimates were used -in the assessment. Although the data do not'directly correlate with -the
population and minority data analyzed above, it is the closest data available and should provide
a good representation of what.trends occurred in 2010.. According to Census data, children are
under 18 years old and seniors are at least 65 years old.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167 .
wood.
The City of Wilmington has 6,771 children in poverty, which is 33.7% of the child population.
New Hanover County and North Carolina have lower rates of children in poverty at 21.6% and
23.8%, respectively. Poverty for.seniors in Wilmington. is lower than children, with 971
individuals or 6.9% of the senior population living below the poverty line. That poverty rate is
comparable to New' Hanover County, 6.8%; and lower than North Carolina, 10.2%. The City of
Wilmington: has a higher rate of poverty for the entire. population, 22.9%, than :New Hanover
County, 16.0%, and North Carolina, 16.8% (USCB 2019). Although Wilmington has higher rates ..
for poverty in children and the general population than its county or state, the project Js in an
industrially zoned area and is two miles from the nearest residential area. The project.is not
anticipated -to cause disproportionately high and adverse human health or environmental effects .
on people living in poverty. Table 8 summarizes the total number of individuals and percentage
rate of poverty for children, seniors and the total population at the city, county, and state. levels.
Table 8. Comparative Analysis of 2012 population and poverty dynamics for the Sutton
Lake Dam Rearmament and Vegetation Removal Project Area, L.V. Sutton
Energy Complex, New Hanover County, North Carolina.
The proposed project. actions will occur entirely within the property of the L.V. Sutton Energy
Complex (e.g., Sutton- Lake Dam Rearmament and Vegetation Removal Project area) and will
not occur within or near residential communities. No impacts to vehicular, bicycle or foot traffic
access to medical facilities, school or employment are anticipated. Access to food and. fiber
production or firewood (fuel) will not be impacted. No disproportionately high adverse. impacts to
human.heaith or environment of minority or low-income, populations are expected.
Children
Children
Seniors
Seniors
Total
Total
in
Total
in
in
Total
in
Population
Population
Poverty
Children
Poverty .
Poverty
Seniors
Poverty
in Poverty
in Poverty
M
(%)
{%)
City of
6,771
20,119.
33.7
971
14,071
6.9
23,736
22.9
Wilmington
New
Hanover
8,663
40,080
21.6
1,883
27,780
6.8
31,847
16.0
County
North
535,502
2,245,364
23.8
123,243
1,206,606
10.2
1,563,464
16.8
Carolina
The proposed project. actions will occur entirely within the property of the L.V. Sutton Energy
Complex (e.g., Sutton- Lake Dam Rearmament and Vegetation Removal Project area) and will
not occur within or near residential communities. No impacts to vehicular, bicycle or foot traffic
access to medical facilities, school or employment are anticipated. Access to food and. fiber
production or firewood (fuel) will not be impacted. No disproportionately high adverse. impacts to
human.heaith or environment of minority or low-income, populations are expected.
Duke Energy.L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
.Project No. 7812190167 .
11.0 NOISE
11.1 BACKGROUND
wood.
Noise is sound that.is produced at levels that can be harmful and may be considered unwanted
.by the surrounding community, properties, and residences. The Noise Control Act of 1972 (PL
92-574) and EO 12088 require: that federal agencies assess the impact of noise to the
environment (EPA 2019). Guidelines for noise have been established by the EPA based on a
calculation of noise by the daytime and nighttime averages, referred to as the Day/Night. Levels
,(Ldn) (EPA 1974): The Ldn is reported as A -weighted decibels (dBA) that occur within a 24-hour
period. Table 9 presents EPA standard noise levels for various community types. Noise levels
can vary depending. on setting, built environment, and distance to the noise source. Noise levels
by environment can .be variable with levels at 40 decibels (dB) for wilderness areas and 90 dB
for urban areas. Rural communities typically have lower.. dB than their urban. counterparts with
rural communities around 50 dB or less. The EPA has calculated that an individual exposed to a.
noise level of 73 dB for eight hours a day for.40 years would have a hearing loss smaller:than 5
dB for 96% of the population.
Table 9. EPA standard noise levels for various community types.
Community
Day/Night Average
(Ldn-dBA)
Rural
30 to 55
Quiet Suburb
50
Normal Suburb
55
Urban Residential
60
Noisy Urban
65
Very Noisy Urban
70
Source: EPA 1974.
11.2 AFFECTED ENVIRONMENT
'Chainsaw operations are the noisiest activities with equipment generating noise levels as high
as 110 dBA within 50 feet of their operation. Distance would rapidly attenuate noise, and it is not.
anticipated that the construction will occur close enough to residential areas two miles from the
project area to cause'disturbances. In addition, these operations Would occur during daytime
hours when residents are away from their homes; therefore, those living near the L.V. Sutton
Energy Complex are not likely.to be affected by noise generated by the proposed action. Noise
impacts will be generally localized at the vicinity of the work areas. Earth -moving equipment and
.other construction machinery and vehicles -'will create localized increases in noise levels..These
temporary,noise impacts should not disrupt normal plant operations, as power generation is -
south of the project area. Noise levels generally dissipate as distance from their origin
increases. Distance from the work areas must be considered when evaluating potential noise
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal Nwood.'
.Project No. 7812190167
impacts to land uses adjacent to or near'the project area. The Sutton Lake Dam Rearmament
and Vegetation Removal Project will take place entirely within the property boundaries of the
plant. The project area is approximately two miles from the closest residential properties. This
distance would reduce noise exposure to off-site residents during project activities. Because of
this distance, the project is not expected to impact noise -sensitive land uses.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal Awood.'
Project No. 7812190167
12.0 AIR QUALITY
12.1 BACKGROUND
The EPA classifies. source emitted air pollutants that cause health, environmental, and. property
.damage as "criteria air pollutants", as the agency has developed criteria (science -based
guidelines)'as the basis for setting permissible levels: in 'ambient air. One set of limits (primary
standard) protects human health; another set of limits (secondary standard) protects human
Welfare by preventing environmental and property damage.
The EPA, has established National Ambient Air Quality Standards (NAAQS) in 40 CFR 50 for
the following criteria pollutants: sulfur dioxide (SO2), particulate matter (with an aerodynamic
diameter of less than. 10 microns) (PM,o), fine particulate matter (with an aerodynamic diameter
of less than 2.5 microns) (PM2.5), carbon monoxide (CO), ozone (Os), nitrogen dioxide (NO2),
and lead. A geographic area that meets or is better than the primary NAAQS ,is classified as an
attainment area; areas that do not meet the primary NAAQS are classified as nonattainment
areas. Areas that were originally designated as nonattainment, .but which have improved their
air quality sufficiently to have been re -designated to attainment, are classified as maintenance
areas.
In addition to the federal NAAQS for criteria pollutants, the NCDEQ has adopted ambient air
quality standards in North Carolina Administrative Code (NCAC) Title 15A Subchapter 2D
Section 0400. Regulations that limit air pollution emissions from stationary sources located
within North Carolina. a: codified under NCAC Title 15A - Environment and Natural Resources,
Chapter 02 — Environmental Management, Subchapter 02D - Air Pollution Control
Requirements (15A NCAC 02D). (NCDEQ 2018a). Stationary source air quality permitting
procedures are codified under'Subchapter 02Q — Air Quality Permit Procedures (15A NCAC
02Q) (NCDEQ 2018b).
12.2 AFFECTED ENVIRONMENT
The L.V. Sutton Energy Complex is located, approximately four miles northwest of the
Wilmington metropolitan region. The entirety of the facility is located in New Hanover County,
along the boundary with Brunswick County. The area. is part of the tidewatersection of the
Coastal Plain Physiographic Province, with generally flat and swampy characteristics and soil
comprised of soft sediment. The regional climate is primarily influenced by the Atlantic'.Ocean,
located. 15 miles to the southeast, and is affected by coastal fronts and moderating winter air
temperatures associated with the Gulf Stream. The Bermuda High is a predominant
climatological feature during the summer months, providing calm winds and clear conditions that
can result in a degradation of air quality (North Carolina Climate Office 2018). Winds are
predominantly from the west in North Carolina, which, can result in pollution: transport from
upwind states. Although localized, easterly winds occur. in New Hanover County due to the
*� " onshore sea breeze.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood.
Project No. 7812190167
12.3 FEDERAL REGULATORY REQUIREMENTS FOR AIR QUALITY
EPA promulgated two sets of.regulations to implement Section 176(c) of the 1990 Clean Air Act
Amendments. The two regulations, the Transportation Conformity Regulations and the General
Conformity Regulations, were established. to: ensure that federal• actions and projects conform
with applicable State Implementation Plans (SIP) in nonattainment or maintenance areas; thus,
not adversely impacting the area's progress toward attaining NAAQS standards.
12.3.1 Transportation Conformity
The Transportation Conformity rule is codified in 40 CFR Part 51, Subpart T and Part 93,
SubpartA..The rule is applicable.to transportation plans, improvement projects, and highway
and transit projects funded or approved by the Federal Highway.Administration (FHWA) and the
Federal Transit Administration (FTA). Conformity is required for areas that do not currently
meet, or'previously did not meet, air quality standards for Os, CO, PM10, PM2.e, or NO2.
However, a transportation conformity determination is not required under this rule for individual .
projects that are not FHWA/FTA projects, unless such projects are regionally significant (58 FR
62188).
As the -proposed Sutton Lake Dam Rearmament and Vegetation. Removal Project is not a
transportation project funded by FHWA or FTA, nor of a size that could reasonably be
determined: to be regionally significant, the Transportation Conformity rule is not applicable, and
a Transportation Conformity determination is not required for the proposed action.
12.3.2 General Conformity
The General Conformity rule is codified in 40 CFR Part 51, Subpart W and Part 93, Subpart B,
"Determining Conformity of General Federal Actions to'State or Federal Implementation Plans"
("General Conformity Rule"). General Conformity is applicable to. most federally funded or
approved actions that are not. applicable to Clean Air.Act Transportation Conformity regulations,
and covers direct and indirect emissions of criteria pollutants, or their precursors, caused by the
action. The General Conformity rule can.be summarized as consisting of three parts:.
applicability, procedure, and analysis. Applicability is an assessment of whether a proposed
action is. -subject to the General Conformity rule (58 FR 63214).
New Hanover County is not currently, nor has previously been, designated as nonattainment for
.any criteria pollutants. As the proposed Sutton Lake Dam Rearmament and Vegetation
Removal Project is not located'.in an area designated as nonattainment or maintenance for any
criteria pollutant, as of May 15; 2019, the General Conformity rule is not applicable, and a
General Conformity Determination is not required for the project:..
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal wood.Project No. 7812190167
12.4 STATE REGULATORY REQUIREMENTS.FOR AIR QUALITY
The proposed Sutton Lake Dam Rearmament and Vegetation Removal Project consists of
strengthening the banks of the dam with a geotextile fabric and rip -rap. During the construction
phase, strengthening.is expected to include replacement of sand cement on the dam crest with
gravel. Construction equipment and haul trucks transporting sand cement and replacement
gravel can. be expected to generate particulates from fugitive dust emissions .via travel on
unpaved roads. "Fugitive dust emissions" refers to particulate matter that does not pass through
a process stack or vent and that is generated within plant property boundaries from activities
such as unloading and loading areas, process areas, stockpiles, stock pile working, plant
parking lots, and plant roads (including access roads and haul roads).
The entire project location is located within the L.V. Sutton Energy Complex property.'
boundaries. The nearest public access location to the project area, which is also an expected
primary access point for haul trucks, is US Highway 421, approximately 0.25 miles from the
northern terminus of the project area. Construction is expected to occur along an approximately
two-mile route along the project area. The short travel distance associated with construction of
the proposed activity is not expected to significantly impact fugitive dust emissions, and
therefore does not affect maintenance of Emission Source 167 as an Insignificant Activity. As an
Insignificant Activity, the proposed activity does not require revising the existing air quality
permit.
Due to.the limited travel distancefor construction equipment and haul trucks, the proposed
activity is not anticipated to create substantive fugitive dust emissions to "cause or contribute to
substantive complaints or excess visible emissions beyond the property boundary", as defined
in the NC Division of Air Quality Fugitive Dust Control Requirement (15A NCAC 02D .0540).
Therefore, submittal of a fugitive dust plan is; not anticipated for this project.
As the proposed Sutton Lake -Dam Rearmament and Vegetation Removal. Project is a
construction activity only, air quality impacts from operational activity is not anticipated.
At the state level, New Hanover County is part of the Wilmington Air Monitoring Region. Air
quality monitoring stations in New Hanover County include PM2.5 monitoring station 37-129-002 .
at 6028 Holly Shelter Road. In the most recent data available (2011 Ambient Air Quality Report)
Site 37-129-002 reported a 98th percentile: concentration of 24-hour values, averaged over the
three-year period from 2009-2011 of 33..1 micrograms per cubic meter of air (Ng/m3),. and an
annual mean, averaged over the. same three-year period, of 8.58 pg/m3 (NCDEQ, 2013). Both
values are below the primary 24-hour and primary 1 -year PM2.5 NAAQS standards of 35.0 pg/m3
and 12.0 pg/m3, respectively, achieving attainment. Particulates associated with fugitive. -dust
emissions from project activities are not anticipated to impact the PM2.5 attainment status of New
��'�Hanover County. .
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal Awood.'
Project No. 7812190167
As NCDEQ's general conformity rules, codified in 15A NCAC Subchapter 02D Section 1600,
expired on February 1, 2016, pursuant to"General Statute 1506-21.3A, a state general
conformity analysis is not required for the Sutton Lake. Dam Rearmament and Vegetation
Removal Project.
12.5 PROPOSED MITIGATION MEASURES
During the Sutton Lake Dam .Rearmament and Vegetation Removal Project construction phase,
additional emissions control measures will include the suppression of fugitive dust emissions.
Frequent water spraying on unpaved roadways, limited traffic speeds, and covered haul trucks
will serve as fugitive dust suppression methods to ensure that vehicle traffic does not spread
dust.
12.6 ASSESSMENT
As the .project is not located in a nonattainment or maintenance area for any criteria pollutants,
and given the fugitive dust mitigation measures, operations associated with the Sutton Lake
Dam Rearmament and Vegetation Removal -Project are not expected to impact air quality, either
locally or. regionally.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
13.0 REFERENCES
wood.
40 CFR § 50. Code of Federal Regulations. National Primary and Secondary Ambient Air
Quality Standards, 2018.
58 FR 62188. Air Quality: Transportation Plans, Programs, and Projects; Federal or State
Implementation Plan Conformity, November 24, 1993.
58 FR 63214, Determining Conformity of General Federal Actions to State or Federal
Implementation Plans, November 30, 1993.
Amec Foster Wheeler Environment & Infrastructure, Inc. 2015. Natural Resources Technical
Report, Sutton Energy Complex, Wilmington, North Carolina. May 15, 2015.
CEQ. 1981. Council on Environmental Quality. Scoping Guidance, Memorandum of General
Councils, NEPA Liaisons and Participants Scoping. April 30, 1981. Notice of availability
published in 46 FR 25461, May 7, 1981.
CEQ. 1997. Council on Environmental Quality. Environmental Justice Guidance under the
National Environmental Policy Act.
https://www.energy.gov/sites/prod/files/nepapub/nepa documents/RedDont/G-CEQ-
EJGuidance.pdf. December 10, 1997.
Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical
Report Y-87-1. US Army Engineer Waterways Experiment Plant. Vicksburg, MS. Duke
Energy.
Environmental Laboratory. 2010. "Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0)," Technical
Report ERDC/EL TR -10-20. US Army Engineer Research and Development Center.
Vicksburg, MS. November 2010.
EPA. 1974. US Environmental Protection Agency. Information on Levels of Environmental Noise
Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety.
Report 550/9-74-004, Washington, D.C. https://archive.epa.gov/epa/aboutepa/epa-
identifies-noise-levels-affecting-health-and-welfare.html. Website accessed on May 16,
2019.
EPA. 1998. US Environmental Protection Agency. Final Guidance for Incorporating
Environmental Justice Concerns in EPA's NEPA Compliance Analyses.
https:Hwww.epa.gov/sites/production/files/2015-04/documents/ei-guidance-nepa-
compliance-analyses.pdf. Issued April 1998.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167 wood.
EPA. 2019. US Environmental Protection Agency. Summary of the Noise Control Act.
https://www.epa.gov/laws-regulations/summary-noise-control-act. Website accessed
May 16, 2019.
Executive Order 11988. 1977. Floodplain Management. May 24, 1977.
Executive Order 12088. 1978. Federal Compliance with Pollution Control Standards. October
13, 1978.
Executive Order 12898. 1994. Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations. February 11, 1994.
FEMA. 2019. Federal Emergency Management Agency — Flood Map Service Center.
https://msc.fema.gov/portal. Website accessed on April 2, 2019.
Griffith, G.E., Omernik, J.M., Comstock, J.A., Schafale, M.P., McNab, W.H., Lenat, D.R.,
MacPherson, T.F., Glover, J.B., and Shelburne, V.B. 2002. Ecoregions of North Carolina
and South Carolina. Reston, Virginia. US. Geological Survey.
NC Wetland Functional Assessment Team. 2016. "N.C. Wetland Assessment Method (NC
WAM) User Manual, Version 5". North Carolina Wetland Functional Assessment Team.
Raleigh, NC. Effective February 2016.
NCDEQ. 2013. North Carolina Department of Environmental Quality. 2011 Ambient Air Quality
Report. https://ncdenr.s3.amazonaws.com/s3fs-
public/Air%20Quality/monitor/reports/2013-01.pdf . Website accessed May 16, 2019.
NCDEQ. 2018a. North Carolina Department of Environmental Quality. Air Pollution Control
Requirements, 15A NCAC 02D. 2018.
NCDEQ 2018b. North Carolina Department of Environmental Quality. Air Quality Permit
Procedures, 15A NCAC 02Q. 2018.
NCDEQ. 2019a. North Carolina Department of Environmental Quality. Interactive Geologic
Maps. https://deg.nc.gov/about/divisions/energy-mineral-land-resources/north-carolina-
geological-survey/interactive-geologic-maps. Website accessed on March 25, 2019.
NCDEQ. 2019b. North Carolina Department of Environmental Quality. Office of Environmental
Education and Public Affairs - River Basin Interactive Map.
https://www.eenorthcarolina.org/resources/interactive-maps-and-gis-resources. Website
accessed on April 3, 2019.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167 wood.
NCDEQ. 2019c. North Carolina Department of Environmental Quality. River Basin Classification
Schedule. https:Hdeg.nc.gov/river-basin-classification-schedule. Website accessed on
April 4, 2019.
NCDEQ. 2019d. North Carolina Department of Environmental Quality. Surface Water
Classifications.
https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6el25ad7628f49469
4e259c80dd64265. Website accessed on April 4, 2019.
NCDEQ. 2019e. North Carolina Department of Environmental Quality. 303(d) Files.
https://deq.nc.qov/about/divisions/water-resources/planninq/classification-
standards/303d/303d-files. Website accessed on April 4, 2019.
NCDEQ. 2019f. North Carolina Department of Environmental Quality. North Carolina Aquifers.
http://www.ncwater.org/?page=525. Website accessed on April 27, 2019.
NCDWR. 2010. "Methodology for Identification of Intermittent and Perennial Streams and their
Origins, Version 4.11 ". North Carolina Department of Environment Quality, Division of
Water Resources. Raleigh, NC. Effective Date: September 1, 2010.
NCGS. 1985. Geologic Map of North Carolina. Available at:
https:Hdeg. nc.gov/about/divisions/energy-mineral-land-resources/north-carolina-
geological-survey/ncgs-maps/1985-geologic-map-of-nc. Website accessed on March 25,
2019.
NCNHP. 2019. North Carolina Department of Environmental Quality, Natural Heritage Program
Data Services. http://ncnhp.org/web/nhp/database-search. Website accessed on March
6, 2019.
NCSHPO. 2019. North Carolina State Historic Preservation Office. SHPO GIS Web Service
http://gis.ncdcr.gov/hpoweb/. Website accessed May 15, 2019.
New Hanover County. 2019a. Planning and Land Use. Zoning Districts Interactive Map.
https:Hplanning.nhcgov.com/currentplanning-and-zoning/. Website accessed on March
22, 2019.
New Hanover County. 2019b. New Hanover County Zoning Ordinance.
https://planning.nhcqov.com/wp-content/uploads/2017/07/NHC-Zoning-Ordinance-
Updated-4.4.17-Edit.pdf. Updated April 5, 2017.
Duke Energy L.V. Sutton Energy Complex
Section 404!401 Individual Permit wood.
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
New Hanover County. 2019c. New Hanover County Flood Damage Prevention Ordinance.
http://laserfiche. nhcgov.com/weblink/0/edoc/3407899/Flood%20Damage%20Prevention
%200rdinance-Adopted%202018.pdf. Adopted July 9, 2018.
North Carolina Climate Office. 2018. General Synopsis web page https://www.nc-
climate.ncsu.edu/climate/synopsis#aq. Website accessed May 16, 2019.
NRCS. 1977. US Department of Agriculture, Natural Resources Conservation Service. New
Hanover County Soil Survey. April 1977.
NRCS. 2019a. US Department of Agriculture, Natural Resources Conservation Service. New
Hanover County Soil Survey Geographic Information System. Accessed March 25,
2019.
NRCS. 2019b. US Department of Agriculture, Natural Resources Conservation Service. NRCS
State Hydric Soils List. https://www.nres.usda.gov/wps/portal/nres/main/soils/use/hydric/.
Website accessed on March 25, 2019.
SL 2014-122 (Senate Bill 729). 2013. General Assembly of North Carolina Session 2013,
Session Law 2014-122, Senate Bill 729.
https://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S729v8.pdf. Website accessed
September 28, 2018.
SL 2016-95 (House Bill 630). 2015. General Assembly of North Carolina Session 2015,
Session Law 2016-95 House Bill 630.
https://www. ncleg. net/Enacted Legislation/Session Laws/HTML/2015-2016/SL2016-
95.html. Website accessed September 28, 2018.
USCG. 2012. US Census Bureau. 2010 Census Summary File 1: 2010 Census of Population
and Housing. https://www.census.gov/prod/cen2010/doc/sfl.pdf. Issued September
2012.
USCB. 2019. US Census Bureau. American Fact Finder, North Carolina Statistics.
https://factfinder.census.gov/faces/nav/isf/pages/community facts. xhtmI?src=bkmk.
Website accessed May 1, 2019.
USFWS. 2019a. US Fish and Wildlife Service. Information for Planning and Conservation
(IPaC) database. http://ecos.fws.gov/ipac/. Website accessed on March 6, 2019.
USFWS. 2019b. US Fish and Wildlife Service. Raleigh Ecological Services Field Office.
http://www.fws.gov/raleigh/. Website accessed on March 6, 2019.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
APPENDICES
wood.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
.Project No. 7812190167
APPENDIX A
Permit Impact Drawings
wood.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
wood.
USGS. 2019. US Geological Survey. Leland, North Carolina digital 7.5'topography. Accessed
March 27,-2019.
Weakley, A.S. 2015. Flora of the Southern and Mid -Atlantic States.. UNC Herbarium, North
Carolina Botanical Garden, University of North Carolina at Chapel Hill. 1320 pp.
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
.Project No. 7812190167
FIGURES
wood.
Figure 1. Project Site Location
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
Project Area
Site Boundary
***, DUKE
*'ENERGY,
wood.
I„ob No. 7812190167
I Drawn By: JAH I
(Reviewed By: ---!
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
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Figure 2a. Site Index Map
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
Mapping Index
r7Project Area
'(�•. DUKE
**'ENERGY,
wood.
.ab No. 7812190167
Drawn BY: JAH
Reviewed By:
Date: 6/2712019
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
y_
1140
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Figure 2b. Aerial Map 1
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
Mapping Index
® Project Area
•f•� DUKE
ENERGY;
wood.
t.,Jb No. 7812190167
(Drawn By. JAH
The map shown here has been
created with all due and
reasonable pre and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
Figure 2c. Aerial Map 2
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
Mapping Index
® Project Area
(' DUKE
ENERGY;
wood.
.,)b No 7812190167
Drawn By JAH
Reviewed By
Date: 6/19/2019
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
i 1140 ` =
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0111111111 1 Miles
Figure 2d. Aerial Map 3
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
Mapping Index
Project Area
(•� DUKE
�C ENERGY
wood.
The map shown here has been
created with all due and
reasonable pre and is strictly for
use with Wood project number
7812190187. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
righisUol
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Figure 3. USGS Topographic Map
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
® Project Area
� — --� Ash Basin
Site Boundary
•( DUKE
ENERGY.
wood.
I-ob No. 7812190167
Drawn By- JAH
Reviewed Bv- ---
The map shown here has been
created with all due and
reasonable pre and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
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Figure 7. Cultural Resources Map
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
® Project Area
. Determined Eligible NCSHPO
Location
■ Study List NCSHPO Location
0 Surveyed NCSHPO Location
Determined Eligible NCSHPO
Ash Basin
Site Boundary
Site Buffer (0.5 mile)
•,(a DUKE
'*'ENERGY,
wood.
7812190167
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
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Permit Figure A
Bay 1 Plan View
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
–r— • XS
– - • — Waterline
QWetlands
Temporary Impact
Working Area
Permanent Impact
- -- Repair Area
Repair Area
(' DUKE
I ENERGY.
wood.
,.ob No. 7812190167
Drawn Ely: JAH
Reviewed By:
Dates 7/1/2019
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
ZBay 1 XS Wetland E
I
1 in=50ft . ,, a . # # • e #
O OpenStreelMap (and) contribulors. CC-SY-SA
Wetland Impact
(Permanent)
Wetland Impact
(Temporary)
Slope Repair Area
QWetlands
Temporary Impact
Working Area
Permanent Impact
- -- Repair Area
Repair Area
(' DUKE
I ENERGY.
wood.
,.ob No. 7812190167
Drawn Ely: JAH
Reviewed By:
Dates 7/1/2019
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
ZBay 1 XS Wetland E
I
1 in=50ft . ,, a . # # • e #
O OpenStreelMap (and) contribulors. CC-SY-SA
Permit Figure B
Bay 1 Cross Section
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
Wetland Impact
(Permanent)
Wetland Impact
(Temporary)
Slope Repair Area
Temporary Impact
Working Area
Permanent Impact
Repair Area
DUKE
ENERGY,
wood.
Drawn By: JAH
Reviewed By-
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Amec Foster Wheeler
project number 7812190167.
Amec Foster Wheeler assumes no
liability, director indirect,
whatsoever for any such third
party or unintended use.
20'
18'
16'
14'
12'
10'
8'
6'
4'
2'
0'
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
South
Bay 1 XS Wetland E
North
Sutton Lake Water Edge
Slope Repair Area
Wetland E (N Extent)
LOD (N Extent)
Wetland Fill Impact
Vegetation Removal /
Temporary Impact / `�-------------,
LOD (S Extent) /
0 20 40 60 80 100 120 140 160 180 200
Feet
Permit Figure C
Bay 2 Plan View
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
- —r•
XS
– • • — Waterline
QWetlands
Temporary Impact
-- -- ---- Working Area
- Permanent Impact
Repair Area
Repair Area
t
DUKE
IENERGY.
wood.
Drawn By: JAH
Reviewed By:
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
• • e s
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
Wetland Impact
(Permanent)
Wetland Impact
(Temporary)
Slope Repair Area
QWetlands
Temporary Impact
-- -- ---- Working Area
- Permanent Impact
Repair Area
Repair Area
t
DUKE
IENERGY.
wood.
Drawn By: JAH
Reviewed By:
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
• • e s
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
0
1 in=50ft
y' Bay 2 XS Wetland E
0 OpenStreetMap (and) contributors, CC -BY -SA
• •
4
s A
a
a
a
a
a
a
a
•
•
•
•
•
• •
0
1 in=50ft
y' Bay 2 XS Wetland E
0 OpenStreetMap (and) contributors, CC -BY -SA
Permit Figure D
Bay 2 Cross Section
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
Wetland Impact
(Temporary)
Slope Repair Area
Temporary Impact
Working Area
Permanent Impact
Repair Area
CoDUKE
t
ENERGY
wood.
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Amec Foster Wheeler
project number 7812190167.
Amec Foster Wheeler assumes no
liability, director indirect,
whatsoever for any such third
party or unintended use.
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
Bay 2 XS Wetland E
Southwest Northeast _
20' Sutton Lake Water Edge
18' Slope Repair Area
16' LOD (NE Extent)
Wetland E (NE Extent) � � —
14'
Wetland Fill Impact
12'
10' Vegetation Removal —— — — — — — — — — —
_ _ _
Temporary Impact
8'
LOD (SW Extent)
4' , 000 i
2' i
0'
0 20 40 60 80 100 120 140 160 180 200
Feet
Permit Figure E
Bay 3 Plan View
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
XS
—
— • • — Waterline
Wetlands
Temporary Impact
---- Working Area
Permanent Impact
Repair Area
Repair Area
(' DUKE
ENERGY.
wood.
)b No. 7812190167
Drawn Bw JAH
Reviewed By:
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
:- • • z • • e m :s r ; • • a c e: i •
• • • • • • • • • • • • • • • • • • • • • e -
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
• •
. . . . . . . . . . . . .
• • • • • • • • • • • • • • • • • • e
7 . • • • • • • • • • • • • • . • • • • ,
• • • • • • • • • • • • • • • • • • • h
O
UUM
1 in=50ft
i
I
I
. — . — . — . — . i. . . . . . . . . . ..
i Bay 3 XS Wetland E
0 OpenSlreetMap (and) contributors, CC -BY -SA
Wetland Impact
(Permanent)
Wetland Impact
(Temporary)
Slope Repair Area
Wetlands
Temporary Impact
---- Working Area
Permanent Impact
Repair Area
Repair Area
(' DUKE
ENERGY.
wood.
)b No. 7812190167
Drawn Bw JAH
Reviewed By:
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
:- • • z • • e m :s r ; • • a c e: i •
• • • • • • • • • • • • • • • • • • • • • e -
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
• •
. . . . . . . . . . . . .
• • • • • • • • • • • • • • • • • • e
7 . • • • • • • • • • • • • • . • • • • ,
• • • • • • • • • • • • • • • • • • • h
O
UUM
1 in=50ft
i
I
I
. — . — . — . — . i. . . . . . . . . . ..
i Bay 3 XS Wetland E
0 OpenSlreetMap (and) contributors, CC -BY -SA
Permit Figure F
Bay 3 Cross Section
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
8�����.� • • .
Wetland Impact
(Temporary)
Slope Repair Area
Temporary Impact
Working Area
Permanent Impact
Repair Area
(' DUKE
ENERGY,
wood.
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Amec Foster Wheeler
project number 7812190167.
Amec Foster Wheeler assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
Bay 3 XS Wetland E
West Sutton Lake Water Edge East
20'
18' Slope Repair Area
16' LOD (E Extent)
14' Wetland E (SE Extent)
12'Ar—
Wetland Fill Impact
10' Vegetation Removal �� ♦-------_--------_
81 Temporary Impact 00* /
LOD (W Extent) 0-0 .00
6' Ole
4'
21 ----
0'
0 20 40 60 80 100 120 140 160 180 200
Feet
— — US 421
NSD�S -
ro111+3 --
e 0 X0.5 1Mile_
Miles
Permit Figure G
Bay 4 Plan View
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
—•— • XS
— • • — Waterline
Wetland Impact
(Permanent)
Wetland Impact
(Temporary)
Slope Repair Area
Wetlands
Temporary Impact
----------' Working Area
Permanent Impact
Repair Area
Repair Area
It�DUKE
ENERGY,
wood.
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
• R
0 •
• 1 in=50ft
i
I
I
I
I
I
I
I
I
I
I
I
Bay 4 XS Wetland E
I
I
I
I
I
I
I
I
I
I
I
I
I
I
i
i
I
I
0 OpenSlreetMap (and) contributors, CC -BY -SA
•
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
• R
0 •
• 1 in=50ft
i
I
I
I
I
I
I
I
I
I
I
I
Bay 4 XS Wetland E
I
I
I
I
I
I
I
I
I
I
I
I
I
I
i
i
I
I
0 OpenSlreetMap (and) contributors, CC -BY -SA
Permit Figure H
Bay 4 Cross Section
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
7AWetland Impact
(Temporary)
Slope Repair Area
- Temporary Impact
Working Area
Permanent Impact
Repair Area
<446)
' DUKE
ENERGY,
wood.
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Amec Foster Wheeler
project number 7812190167.
Amec Foster Wheeler assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
20'
18'
16'
14'
12'
10'
8'
6'
4'
2'
0'
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
West
Bay 4 XS Wetland E
Sutton Lake Water Edge East
Wetland E (E Extent) Slope Repair Area
Wetland Fill Impact
Vegetation Removal LOD (E Extent)
Temporary Impact
LOD (W Extent)
i
'�,— — ��/
i
0 20 40 60 80 100 120 140 160 180 200
Feet
Permit Figure I
Bay 5 Plan View
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
— • • — Waterline
QWetlands
Temporary Impact
------' Working Area
Permanent Impact
Repair Area
Repair Area
4' DUKE
ENERGY,
wood.
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
/.
1 in=50ft
Wetland Impact
(Permanent)
Wetland Impact
(Temporary)
Slope Repair Area
QWetlands
Temporary Impact
------' Working Area
Permanent Impact
Repair Area
Repair Area
4' DUKE
ENERGY,
wood.
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
/.
1 in=50ft
/.
/ Bay 5 XS Wetland E
/
/
/
0 OpenStreetMap (and) contributors, CC -BY -SA
/
/.
/.
/ Bay 5 XS Wetland E
/
/
/
0 OpenStreetMap (and) contributors, CC -BY -SA
Permit Figure J
Bay 5 Cross Section
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
1".4 - 0.
rWetland Impact
(Temporary)
Slope Repair Area
Temporary Impact
Working Area
Permanent Impact
- -- Repair Area
(� DUKE
ENERGY,
wood.
)b No. 7812190167
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Amec Foster Wheeler
project number 7812190167.
Amec Foster Wheeler assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
20'
18'
16'
14'
12'
10'
8'
6'
4'
2'
0'
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
Bay 5 XS Wetland E
Northwest Southeast
Sutton Lake Water Edge
Wetland E (SE Extent)
Wetland Fill Impact Slope Repair Area
Vegetation Removal LOD (SE Extent)
Temporary Impact
LOD (NW Extent) loe
i
i
.0 i
0 20 40 60 80 100 120 140 160 180 200
Feet
Permit Figure K
Bay 6 Plan View
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
XS
–
– • • — Waterline
Wetlands
1 Temporary Impact
-----' Working Area
- _ Permanent Impact
-- Repair Area
Repair Area
(� DUKE
ENERGY,
wood.
Reviewed BY: --
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
'� • • • • • • • • • • • • • r • • • • • • • • •
• • r • • • • • • • • • • • r • • • • • • • • • •
Total Permanent Wetland E Impact • r • • r • • • • r • • • r • r r r •
2.73 ac . . . • /'
Total Temporary Wetland E Impact • • • . • . /
3.45 ac /•.
Total Slope Repair Area
2.02 ac
1 in=50ft
I%
Bay 6 XS Wetland E
9 OpenStreetMap (and) contributors. CC -BY -SA
Wetland Impact
(Permanent)
Wetland Impact
(Temporary)
Slope Repair Area
Wetlands
1 Temporary Impact
-----' Working Area
- _ Permanent Impact
-- Repair Area
Repair Area
(� DUKE
ENERGY,
wood.
Reviewed BY: --
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
'� • • • • • • • • • • • • • r • • • • • • • • •
• • r • • • • • • • • • • • r • • • • • • • • • •
Total Permanent Wetland E Impact • r • • r • • • • r • • • r • r r r •
2.73 ac . . . • /'
Total Temporary Wetland E Impact • • • . • . /
3.45 ac /•.
Total Slope Repair Area
2.02 ac
1 in=50ft
I%
Bay 6 XS Wetland E
9 OpenStreetMap (and) contributors. CC -BY -SA
Permit Figure L
Bay 6 Cross Section
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
Wetland Impact
r �+ (Temporary)
Slope Repair Area
Temporary Impact
Working Area
Permanent Impact
Repair Area
.(� DUKE
ENERGY,
wood.
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Amec Foster Wheeler
project number 7812190167.
Amec Foster Wheeler assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
20'
18'
16'
14'
12'
10'
8'
6'
4'
2'
0'
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
Bay 6 XS Wetland E
Northwest Southeast
Wetland Fill Impact Sutton Lake Water Edge
Vegetation Removal
Temporary ImpactSlope Repair Area
LOD (NW Extent) LOD (SE Extent)
Wetland E (SE Extent) 000
i
i
i�
i
�------_ —moi
---�-►moi
0 20 40 60 80 100 120 140 160 180 200
Feet
us .t:
IQ os 1 --- — I
Miles Q
Permit Figure M
Intake Canal Plan View
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
--•XS
— • • — Waterline
Slope Repair Area
f; DUKE
ENERGY -
wood.
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Wood project number
7812190167. Wood assumes no
liability, direct or indirect,
whatsoever for any such third
party or unintended use.
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
1 in=50ft
1
=`
1
•,
1
-\
Intake Canal XS '
0
1
0 OpenStreetMap (arid) contributors, CC -BY -SA
Permit Figure N
Intake Canal Cross Section
L.V. Sutton Energy Complex
Sutton Lake Dam Rearmament
and Vegetation Removal Project
New Hanover County, NC
Legend
Slope Repair Area
(.� DUKE
ENERGY.
wood.
The map shown here has been
created with all due and
reasonable care and is strictly for
use with Amec Foster Wheeler
project number 7812190167.
Amec Foster Wheeler assumes no
liability, director indirect,
whatsoever for any such third
party or unintended use.
Total Permanent Wetland E Impact
2.73 ac
Total Temporary Wetland E Impact
3.45 ac
Total Slope Repair Area
2.02 ac
Southwest
20'
18'
16'
14'
12'
10'
8'
6'
4'
2'
0'
Intake Canal XS
Northeast
LOD (SW Extent) Intake Canal Water Edge (SW)
Intake Canal Water Edge (NE) /LOD (NE Extent)
------ —1-% *-. / 0-0 000
------------------
0 20 40 60 80 100 120 140 160 180 200
Feet
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167'
APPENDIX B
wood.
Nationwide Permit for Permanent Breach Repairs
DocuSign Envelope ID: 13BFAD18-D2C8-46E1-A25A-5FiBE194132E
ROY COOPER
Governor
-',,XRAEL S. REGAN
I -retary
LINDA CULPEPPER
Director
Duke Energy Progress, LLC
Mr. Steve Cahoon
410 South Wilmington Street
Raleigh NC 27601
NORTH CAROLINA
Environmental Quality
March 15, 2019
Brunswick County
DWR Project: 2015-0998v5
Subject Property: L.V. Sutton Energy Complex Hurricane Florence Emergency Response
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Cahoon,
You have our approval, in accordance with the attached conditions and those listed below, to
impact 0.44 acres of open waters in order to permanently repair three breaches on Sutton Lake
dam that occurred during Hurricane Florence as described in the application received by the N.C.
Division of Water Resources (DWR) on January 28, 2019. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number 4139
(GC4139).
In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 Permit. This Certification can also be found on line at:
hi!p://portal.ncdenr.or,iz/web/wq/swp/ws/40 I/certs andpermits.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
North Carolina Department of Environmental Quality I Division of Water Resources
LrJ—D t Q.r/ Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORD4 CARMINA
U9.1Mad Effe """tw 910.796.7215
DocuSign Envelope ID: 13BFAD18-D2C8-46E1-A25A-5F1BE194132E Paget
Brunswick County
2015-0998v5
The Additional Conditions of the Certification are:
1. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If
you change your project, you must notify the Division and you may be required to submit
a new application package with the appropriate fee. If the property is sold, the new owner
must be given a copy of this approval letter and General Certification and is responsible
for complying with all conditions. Any new owner must notify the Division and request
the Certification be issued in their name {15A NCAC 02H .0501 and .0502).
2. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 021-1.0502 (b) and 15A NCAC 02H.0506 (4)] The applicant shall require his
contractors (and/or agents) to comply with all of the terms of this Certification and shall
provide each of its contractors (and/or agents) a copy of this Certification.
3. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 213 .0220. Appropriate sediment and erosion control practices
must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please
notify this Office if any turbidity issues arise at 910.796.7215
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless
of the expiration of this Certification.
5. The permittee shall require its contractors and/or agents to comply with the terms of this
permit in the construction and maintenance of this project and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project a
copy of this certification. A copy of this certification including all conditions shall be
available at the project site during the construction and maintenance of this project. [15A
NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
6. Continuing Compliance:
7. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements
DocuSign Envelope ID: 13BFAD18-D2C8-46E1-A25A-5FiBE194132E Page 3
Brunswick County
2015-0998v5
of State and Federal law. If the Division determines that such standards or laws are not
being met, including, failure to sustain a designated or achieved use, or that State or Federal
law is being violated, or that further conditions are necessary to assure compliance, than
the Division may reevaluate and modify this General Water Quality Certification. [15A
NCAC 02H .0507(d)]
8. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional
Office at 910.796.7215 and after hours and on weekends call (800) 858-0368.
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
9. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
10. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
J,
during normal business hours 15A NCAC 02H.0502(e).
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant and/or
authorized agent is required to return a completed certificate of completion form to the
NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
http: //portal. ncdenr. org/web/wq/swp/ws/401 /ceitsandpennits/apply/forins).
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
DocuSign Envelope ID: 1313FAD18-D2C8-46E1-A25A-5FiBE194132E
Page 4
Brunswick County
2015-0998v5
h4://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for
information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with
the OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition maybe faxed
to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any
applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR
Wilmington Regional Office at (910)796-7379 or Chad. Coburn c-bncdenr.gov.
Sincerely,
E
^�Do``cuSlgned by:
E3ABA14AC7DC434...
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC4139
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2011-00858 County: New Hanover U.S.G.S. Quad: NC -Leland
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Duke Energy
Steve Cahoon
410 S. Wilmington St
Raleigh, NC, 27601
Size (acres) 2187
Nearest Waterway Cape Fear
USGS HUC 03030005
Owner: Carolina Power & Light Co
Duke Energy Progress LLC
249 Sutton Steam Plant Rd
Wilmington, NC 28401
Nearest Town Wilmington
River Basin Cape Fear
Coordinates Latitude: 34.286136
Longitude: -77.996774
Location description: Project area is Sutton Lake, the cooling lake from the now decommissioned coal fired power plant located
to the east of the Cape Fear River in New Hanover County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of 0.44 acre of fill into
jurisdictional open waters for the permanent repair of 3 breaches that occurred during Hurricane Florence.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide/General Permit Number: Permit Number: 39
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 1/31/2019, and the enclosed plans Breach 1, 2, & 3 and impact maps dated
12/14/2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop
work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the tenns and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215.
This Department of the Arany verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Rachel Capito at (910)-251-4487 or Rachel.A.Capito(ni)usace.army.mil
Corps Regulatory Official: Date: 3/20/2019
Expiration Date of Verification: 3/18/2022
Action ID Number: SAW -2011-00858 County: New Hanover
Permittee: Duke Energy, Steve Cahoon
Project Name: Duke Sutton Lake Florence Repairs
Date Verification Issued: 3/20/2019
Project Manager: Rachel Capito
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Rachel Capito
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
APPENDIX C
NCWAM Data .Forms
wood.
NC WAM FIELD ASSESSMENT RESULTS
Evidence of stressors affecting the assessment area (may not be within the assessment area)
Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in
recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following.
• Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.)
• Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic
tanks, underground storage tanks (USTs), hog lagoons, etc.)
• Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.)
• Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.)
Is the assessment area intensively managed? ❑ Yes ® No
Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area.
❑ Anadromous fish
® Federally protected species or State endangered or threatened species
❑ NCDWR riparian buffer rule in effect
❑ Abuts a Primary Nursery Area (PNA)
❑ Publicly owned property
❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer)
❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout
❑ Designated NCNHP reference community
❑ Abuts a 303(d) -listed stream or a tributary to a 303(d) -listed stream
What type of natural stream is associated with the wetland, if any? (check all that apply)
❑ Blackwater
® Brownwater
❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar. ❑ Wind ❑ Both
Is the assessment area on a coastal island? ❑ Yes ® No
Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No
Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No
1. Ground Surface Condition/Vegetation Condition — assessment area condition metric
Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the
assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment
area based on evidence an effect.
GS VS
❑A ®A Not severely altered
®B EIB' Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive
sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure
alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less
diversity [if appropriate], hydrologic alteration)
2. Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric
Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub).
Consider both increase and decrease in hydrology. A ditch 5 1 foot deep is considered to affect surface water only, while a ditch > 1 foot
deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable.
Surf Sub
❑A ®A Water storage capacity and duration are not altered.
❑B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation).
®C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change)
(examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines).
3. Water Storage/Surface Relief — assessment area/wetland type.condition metric (skip for all marshes)
Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT).
AA WT
3a. ❑A ®A Majority of wetland with depressions able to pond water > 1 deep
❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep
®C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep
❑D ❑D Depressions able to pond water < 3 inches deep
3b. ®A Evidence that maximum depth of inundation is greater than 2 feet
❑B Evidence that maximum depth of inundation is between 1 and 2 feet
❑C Evidence that maximum depth of inundation is less than 1 foot
Accompanies user manuai version o.0
USACE AID #
NCDWR#
Project Name
Sutton Lake Dam Rearmament and
Date of Evaluation
3/20/19
Vegetation Removal
Applicant/Owner Name
Duke Energy
Wetland Site Name
Wetland Near Breach 1
Wetland Type
Riverine Swamp Forest
Assessor Name/Organization
Witherspoon/Wood
Level III Ecoregion
Middle Atlantic Coastal Plain
Nearest Named Water Body
Cape Fear River
River Basin
Cape Fear
USGS 8 -Digit Catalogue Unit
03030005
County
New Hanover
NCDWR Region
Wilmington
❑ Yes ® No
Precipitation within 48 hrs?
Latitude/Longitude (deci-degrees)
34.28613/-77.99468
Evidence of stressors affecting the assessment area (may not be within the assessment area)
Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in
recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following.
• Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.)
• Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic
tanks, underground storage tanks (USTs), hog lagoons, etc.)
• Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.)
• Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.)
Is the assessment area intensively managed? ❑ Yes ® No
Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area.
❑ Anadromous fish
® Federally protected species or State endangered or threatened species
❑ NCDWR riparian buffer rule in effect
❑ Abuts a Primary Nursery Area (PNA)
❑ Publicly owned property
❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer)
❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout
❑ Designated NCNHP reference community
❑ Abuts a 303(d) -listed stream or a tributary to a 303(d) -listed stream
What type of natural stream is associated with the wetland, if any? (check all that apply)
❑ Blackwater
® Brownwater
❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar. ❑ Wind ❑ Both
Is the assessment area on a coastal island? ❑ Yes ® No
Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No
Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No
1. Ground Surface Condition/Vegetation Condition — assessment area condition metric
Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the
assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment
area based on evidence an effect.
GS VS
❑A ®A Not severely altered
®B EIB' Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive
sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure
alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less
diversity [if appropriate], hydrologic alteration)
2. Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric
Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub).
Consider both increase and decrease in hydrology. A ditch 5 1 foot deep is considered to affect surface water only, while a ditch > 1 foot
deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable.
Surf Sub
❑A ®A Water storage capacity and duration are not altered.
❑B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation).
®C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change)
(examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines).
3. Water Storage/Surface Relief — assessment area/wetland type.condition metric (skip for all marshes)
Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT).
AA WT
3a. ❑A ®A Majority of wetland with depressions able to pond water > 1 deep
❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep
®C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep
❑D ❑D Depressions able to pond water < 3 inches deep
3b. ®A Evidence that maximum depth of inundation is greater than 2 feet
❑B Evidence that maximum depth of inundation is between 1 and 2 feet
❑C Evidence that maximum depth of inundation is less than 1 foot
4. Soil Texture/Structure - assessment area condition metric (skip for all marshes)
Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature.
Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional
indicators.
4a. ®A Sandy soil
❑B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres)
❑C Loamy or clayey soils not exhibiting redoximorphic features
❑D Loamy or clayey gleyed soil
❑E Histosol or histic epipedon
4b. ®A Soil ribbon < 1 inch
❑B Soil ribbon z 1 inch
4c. ❑A No peat or muck presence
®B A peat or muck presence
5. Discharge into Wetland - opportunity metric
Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples
of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc.
Surf Sub
®A ®A Little or no evidence of pollutants or discharges entering the assessment area
❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the
treatment capacity of the assessment area
❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and
potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive
sedimentation, odor)
6. Land Use - opportunity metric (skip for non -riparian wetlands)
Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining
to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M),
and within 2 miles and within the watershed draining to the assessment area (2M).
WS 5M 2M
❑A ❑A ❑A > 10% impervious surfaces
❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants
❑C ❑C ❑C z 20% coverage of pasture
❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land)
❑E ❑E ❑E >_ 20% coverage of maintained grass/herb
❑F ❑F ❑F >_ 20% coverage of clear-cut land
®G ®G ®G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance ir,
the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the
assessment area.
Wetland Acting as Vegetated Buffer - assessment area/wetland complex condition metric (skip for non -riparian wetlands)
7a. Is assessment area within 50 feet of a tributary or other open water?
❑Yes ®No If Yes, continue to 7b. If No, skip to Metric 8.
Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland.
Record a note if a portion of the buffer has been removed or disturbed.
7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make
buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.)
❑A z 50 feet
❑B From 30 to < 50 feet
❑C From 15 to < 30 feet
❑D From 5 to < 15 feet
❑E < 5 feet or buffer bypassed by ditches
7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width.
0515 -feet wide ❑> 15 -feet wide ❑ Other open water (no tributary present)
7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water?
❑Yes ❑No
7e. Is stream or other open water sheltered or exposed?
❑Sheltered - adjacent open water with width < 2500 feet and no regular boat traffic.
❑Exposed - adjacent open water with width >- 2500 feet or regular boat traffic.
Wetland Width at the Assessment Area - wetland type/wetland complex condition metric (evaluate WT for all marshes and
Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest
only)
Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and
the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries.
WT WC
®A ®A z 100 feet
❑B ❑B From 80 to < 100 feet
❑C ❑C From 50 to < 80 feet
❑D ❑D From 40 to < 50 feet
❑E ❑E From 30 to < 40 feet
❑F ❑F From 15 to < 30 feet
❑G ❑G From 5 to < 15 feet
❑H ❑H <5feet
9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands)
Answer for assessment area dominant landform.
❑A Evidence of short -duration inundation (< 7 consecutive days)
❑B Evidence of saturation, without evidence of inundation
®C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more)
10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes)
Consider recent deposition only (no plant growth since deposition).
❑A Sediment deposition is not excessive, but at approximately natural levels.
❑B Sediment deposition is excessive, but not overwhelming the wetland.
®C Sediment deposition is excessive and is overwhelming the wetland.
11. Wetland Size — wetland type/wetland complex condition metric
Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the
size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User
Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select " K" for the FW column.
WT WC FW (if applicable)
❑A ❑A ❑A z 500 acres
®B ®B ®B From 100 to < 500 acres
❑C ❑C ❑C From 50 to < 100 acres
❑D ❑D ❑D From 25 to < 50 acres
❑E ❑E ❑E From 10 to < 25 acres
❑F ❑F ❑F From 5 to < 10 acres
❑G ❑G ❑G From 1 to < 5 acres
❑H ❑H ❑H From 0.5 to < 1 acre
❑I El ❑I From 0.1 to < 0.5 acre
❑J ❑J ❑J From 0.01 to < 0.1 acre
❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut
12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only)
❑A Pocosin is the full extent (z 90%) of its natural landscape size.
❑B Pocosin type is < 90% of the full extent of its natural landscape size.
13. Connectivity to Other Natural Areas — landscape condition metric
13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric
evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous
naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line
corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300
feet wide.
Well Loosely
®A
❑A
z 500 acres
❑B
❑B
From 100 to < 500 acres
❑C
❑C
From 50 to < 100 acres
❑D
❑D
From 10 to < 50 acres
❑E
❑E
< 10 acres
❑F
❑F
Wetland type has a poor or no connection to other natural habitats
13b. Evaluate for marshes only.
❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands.
14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland)
May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include
non -forested areas z 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider
the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut,
select option "C:'
❑A 0
®B 1 to 4
❑C 5to8
15. Vegetative Composition —assessment area condition metric (skip for all marshes and Pine Flat)
❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate
species, with exotic plants absent or sparse within the assessment area.
®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species
characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing.
It also includes communities with exotics present, but not dominant, over a large portion of the expected strata.
❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non -
characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at
least one stratum.
16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only)
❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics).
❑B Vegetation diversity is low or has > 10% to 50% cover of exotics.
❑C Vegetation is dominated by exotic species (> 50 % cover of exotics).
17. Vegetative Structure — assessment area/wetland type condition metric
17a. Is vegetation present?
®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18.
17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands.
❑A z 25% coverage of vegetation
❑B < 25% coverage of vegetation
17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider
structure in airspace above the assessment area (AA) and the wetland type (WT) separately.
TAA WT
o [--]A [:]A Canopy closed, or nearly closed, with natural gaps associated with natural processes
m ®B ®B Canopy present, but opened more than natural gaps
U ❑C ❑C Canopy sparse or absent
L'
g ❑A ❑A Dense mid-story/sapling layer
CD
®B ®B Moderate density mid-story/sapling layer
❑C ❑C Mid-story/sapling layer sparse or absent
❑A ❑A Dense shrub layer
=013 ®B Moderate density shrub layer
U) ❑C ❑C Shrub layer sparse or absent
-a ❑A ❑A Dense herb layer
❑B ❑B Moderate density herb layer
®C ®C Herb layer sparse or absent
18. Snags — wetland type condition metric (skip for all marshes)
®A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability).
❑B Not A
19. Diameter Class Distribution — wetland type condition metric (skip for all marshes)
®A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are
present.
❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH.
❑Q Majority of canopy trees are < 6 inches DBH or no trees.
20. Large Woody Debris — wetland type condition metric (skip for all marshes)
Include both natural debris and man -placed natural debris.
®A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability).
❑B Not A
21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only)
Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned
areas indicate vegetated areas, while solid white areas indicate open water.
❑A ❑B ❑C ❑D
�ki� +"2;yJ•f�if'�Iy.,E 1 � ` io
�
22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only)
Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion,
man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D.
❑A Overbank and overland flow are not severely altered in the assessment area.
❑B Overbank flow is severely altered in the assessment area.
®C Overland flow is severely altered in the assessment area.
❑D Both overbank and overland flow are severely altered in the assessment area.
Notes
Assessment area located at Breach 1 and the Slope Movement Area of the Sutton Lake Dam. The assessment area has been heavily impact by
sediment from damage to the dam caused by Hurrican Florence flooding. Overland flow is altered by the excessive sediment deposited in the
wetland.
NC WAM Wetland Rating Sheet
Accompanies User Manual Version 5.0
Wetland Site Name Wetland (Near Breach 1) Date of Assessment
3/20/19
Wetland Type Riverine Swamp Forest Assessor Name/Organization
Witherspoon/Wood
Notes on Field Assessment Form (Y/N)
YES
Presence of regulatory considerations (YIN)
YES
Wetland is intensively managed (Y/N)
NO
Assessment area is located within 50 feet of a natural tributary or other open water (Y/N)
NO
Assessment area is substantially altered by beaver (Y/N)
NO
Assessment area experiences overbank flooding during normal rainfall conditions (Y/N)
NO
Assessment area is on a coastal island (Y/N)
NO
Sub -function Rating Summary
Condition
Function Sub -function Metrics
Rating
Hydrology Surface Storage and Retention Condition
LOW
Sub -surface Storage and
Opportunity Presence (Y/N)
Retention Condition
HIGH
Water Quality Pathogen Change
Condition
LOW
Hydrology
Condition/Opportunity
LOW
Water Quality
Opportunity Presence (Y/N)
NO
Particulate Change
Condition
LOW
Condition/Opportunity
LOW
Habitat
Opportunity Presence (Y/N)
NO
Soluble Change
Condition
MEDIUM
Condition/Opportunity
MEDIUM
Opportunity Presence (Y/N)
NO
Physical Change
Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence (Y/N)
NO
Pollution Change
Condition
NA
Condition/Opportunity
NA
Opportunity Presence (Y/N)
NA
Habitat Physical Structure
Condition
MEDIUM
Landscape Patch Structure
Condition
HIGH
Vegetation Composition
Condition
MEDIUM
Function Rating Summary
Function
Metrics
Rating
Hydrology
Condition
MEDIUM
Water Quality
Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence (Y/N)
NO
Habitat
Condition
HIGH
Overall Wetland Rating MEDIUM
NC WAM FIELD ASSESSMENT RESULTS
Hccom
user manuai version om
USACE AID # NCDWR#
Project Name Sutton Lake Dam Rearmament and Date of Evaluation 3/20/19
Vegetation Removal
Applicant/Owner Name Duke Energy Wetland Site Name Wetland E (Near Makeup
Pumps)
Wetland Type
Level III Ecoregion
River Basin
County
❑ Yes ® No
Riverine Swamp Forest
Middle Atlantic Coastal Plain
Cape Fear
New Hanover
Precipitation within 48 hrs?
Assessor Name/Organization Witherspoon/Wood
Nearest Named Water Body Cape Fear River
USGS 8 -Digit Catalogue Unit 03030005
NCDWR Region Wilmington
34.30235/-78.01155
Evidence of stressors affecting the assessment area (may not be within the assessment area)
Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in
recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following.
• Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.)
• Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic
tanks, underground storage tanks (USTs), hog lagoons, etc.)
• Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.)
• Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.)
Is the assessment area intensively managed? ❑ Yes ® No
Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area.
❑ Anadromous fish
® Federally protected species or State endangered or threatened species
❑ NCDWR riparian buffer rule in effect
❑ Abuts a Primary Nursery Area (PNA)
❑ Publicly owned property
❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer)
❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout
❑ Designated NCNHP reference community
❑ Abuts a 303(d) -listed stream or a tributary to a 303(d) -listed stream
What type of natural stream is associated with the wetland, if any? (check all that apply)
❑ Blackwater
® Brownwater
❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both
Is the assessment area on a coastal island? ❑ Yes ® No
Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No
Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No
1. Ground Surface Condition/Vegetation Condition — assessment area condition metric
Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the
assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment
area based on evidence an effect.
GS VS
®A ®A Not severely altered
❑B ❑B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive
sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure
alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less
diversity [if appropriate], hydrologic alteration)
2. Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric
Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub).
Consider both increase and decrease in hydrology. A ditch s 1 foot deep is considered to affect surface water only, while a ditch > 1 foot
deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable.
Surf Sub
®A ®A Water storage capacity and duration are not altered.
❑B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation).
❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change)
(examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines).
3. Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes)
Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT).
AA WT
3a. ®A ®A Majority of wetland with depressions able to pond water > 1 deep
❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep
❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep
❑D ❑D Depressions able to pond water < 3 inches deep
3b. ®A Evidence that maximum depth of inundation is greater than 2 feet
❑B Evidence that maximum depth of inundation is between 1 and 2 feet
❑C Evidence that maximum depth of inundation is less than 1 foot
4. Soil Texture/Structure —assessment area condition metric (skip for all marshes)
Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature.
Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional
indicators.
4a. ®A Sandy soil
❑B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres)
❑C Loamy or clayey soils not exhibiting redoximorphic features
❑D Loamy or clayey gleyed soil
❑E Histosol or histic epipedon
4b. ®A Soil ribbon < 1 inch
❑B Soil ribbon z 1 inch
4c. ❑A No peat or muck presence
®B A peat or muck presence
5. Discharge into Wetland — opportunity metric
Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples
of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc.
Surf Sub
®A ®A Little or no evidence of pollutants or discharges entering the assessment area
❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the
treatment capacity of the assessment area
❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, *or soluble) entering the assessment area and
potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive
sedimentation, odor)
6. Land Use — opportunity metric (skip for non -riparian wetlands)
Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining
to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M),
and within 2 miles and within the watershed draining to the assessment area (2M).
WS 5M 2M
❑A ❑A ❑A > 10% impervious surfaces
❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants
❑C
❑C
❑C
z 20% coverage of pasture
❑D
❑D
❑D
z 20% coverage of agricultural land (regularly plowed land)
❑E
❑E
❑E
>_ 20% coverage of maintained grass/herb
❑F
❑F
❑F
>_ 20% coverage of clear-cut land
®G
®G
®G
Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance it
From 30 to < 40 feet
❑F
❑F
the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the
❑G
❑G
From 5 to < 15 feet
assessment area.
7. Wetland Acting as Vegetated Buffer — assessment area/wetland complex condition metric (skip for non -riparian wetlands)
7a. Is assessment area within 50 feet of a tributary or other open water?
❑Yes ®No If Yes, continue to 7b. If No, skip to Metric 8.
Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland.
Record a note if a portion of the buffer has been removed or disturbed.
7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make
buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.)
❑A >_ 50 feet
❑B From 30 to < 50 feet
❑C From 15 to < 30 feet
❑D From 5 to < 15 feet
❑E < 5 feet or buffer bypassed by ditches
7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width.
❑<_ 15 -feet wide ❑> 15 -feet wide ❑ Other open water (no tributary present)
7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water?
❑Yes ❑No
7e. Is stream or other open water sheltered or exposed?
❑Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic.
E] Exposed — adjacent open water with width z 2500 feet or regular boat traffic.
8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and
Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest
only)
Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and
the wetland complex
at the assessment area (WC). See User Manual for WT and WC,boundaries.
WT
WC
®A
®A
z 100 feet
❑B
❑B
From 80 to < 100 feet
❑C
❑C
From 50 to < 80 feet
❑D
❑D
From 40 to < 50 feet
❑E
❑E
From 30 to < 40 feet
❑F
❑F
From 15 to < 30 feet
❑G
❑G
From 5 to < 15 feet
❑H
❑H
<5feet
9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands)
Answer for assessment area dominant landform.
❑A Evidence of short -duration inundation (< 7 consecutive days)
❑B Evidence of saturation, without evidence of inundation
®C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more)
10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes)
Consider recent deposition only (no plant growth since deposition).
®A Sediment deposition is not excessive, but at approximately natural levels.
❑B Sediment deposition is excessive, but not overwhelming the wetland.
❑C Sediment deposition is excessive and is overwhelming the wetland.
11. Wetland Size — wetland type/wetland complex condition metric
Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the
size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User
Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column.
WT WC FW (if applicable)
❑A ❑A ❑A z 500 acres
®B ®B ®B From 100 to < 500 acres
❑C ❑C ❑C From 50 to < 100 acres
❑D ❑D ❑D From 25 to < 50 acres
❑E ❑E ❑E From 10 to < 25 acres
❑F ❑F ❑F From 5 to < 10 acres
❑G ❑G ❑G From 1 to < 5 acres
❑H ❑H ❑H From 0.5 to < 1 acre
❑I ❑I ❑I From 0.1 to < 0.5 acre
❑J ❑J ❑J From 0.01 to < 0.1 acre
❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut
12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only)
❑A Pocosin is the full extent (> 90%) of its natural landscape size.
❑B Pocosin type is < 90% of the full extent of its natural landscape size.
13. Connectivity to Other Natural Areas — landscape condition metric
13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric
evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous
naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line
corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300
feet wide.
Well Loosely
®A
❑A
>_ 500 acres
❑B
❑B
From 100 to < 500 acres
❑C
❑C
From 50 to < 100 acres
❑D
❑D
From 10 to < 50 acres
❑E
❑E
< 10 acres
❑F
❑F
Wetland type has a poor or no connection to other natural habitats
13b. Evaluate for marshes only.
❑Yes [:]No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands.
14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland)
May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include
non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider
the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut,
select option "C:'
❑A 0
®B 1 to 4
❑C 5to8
15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat)
®A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate
species, with exotic plants absent or sparse within the assessment area.
❑B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species
characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing.
It also includes communities with exotics present, but not dominant, over a large portion of the expected strata.
❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non -
characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at
least one stratum.
16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only)
❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics).
❑B Vegetation diversity is low or has > 10% to 50% cover of exotics.
❑C Vegetation is dominated by exotic species (> 50 % cover of exotics).
17. Vegetative Structure — assessment area/wetland type condition metric
17a. Is vegetation present?
®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18.
17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands.
❑A z 25% coverage of vegetation
❑B < 25% coverage of vegetation
17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider
structure in airspace above the assessment area (AA) and the wetland type (WT) separately.
TAA WT
c ®A ®A Canopy closed, or nearly closed, with natural gaps associated with natural processes
m [313 E:113 Canopy present, but opened more than natural gaps
U ❑C ❑C Canopy sparse or absent
Z
o ❑A
❑A
Dense mid-story/sapling layer
®B
®B
Moderate density mid-story/sapling layer
❑C
❑C
Mid-story/sapling layer sparse or absent
2 EIA[:]A
Dense shrub layer
c ®B
®B
Moderate density shrub layer
❑C
❑C
Shrub layer sparse or absent
❑A
❑A
Dense herb layer
_ ®B
®B
Moderate density herb layer
❑C
❑C
Herb layer sparse or absent
18. Snags — wetland type condition metric (skip for all marshes)
®A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability).
❑B Not
19. Diameter Class Distribution — wetland type condition metric (skip for all marshes)
®A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are
present.
❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH.
❑C Majority of canopy trees are < 6 inches DBH or no trees.
20. Large Woody Debris — wetland type condition metric (skip for all marshes)
Include both natural debris and man -placed natural debris.
®A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability).
❑B Not A
21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only)
Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned
areas indicate vegetated areas, while solid white areas indicate open water.
❑A ❑B ❑C ❑D
��, 'F`�P, n,➢+ �.� aPr' ..d:u,. *' lye"
N",
lq
22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only)
Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion,
man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D.
®A Overbank and overland flow are not severely altered in the assessment area.
❑B Overbank flow is severely altered in the assessment area.
❑C Overland flow is severely altered in the assessment area.
El Both overbank and overland flow are severely altered in the assessment area.
Notes
Assessment area located near the river intake along west side of the Sutton Lake Dam.
NC WAM Wetland Rating Sheet
Accompanies User Manual Version 5.0
Wetland E (Near Makeup
Condition
Wetland Site Name Pumps) Date of Assessment
3/20/19
Wetland Type Riverine Swamp Forest Assessor Name/Organization
Witherspoon/Wood
Notes on Field Assessment Form (Y/N)
YES
Presence of regulatory considerations (Y/N)
YES
Wetland is intensively managed (Y/N)
NO
Assessment area is located within 50 feet of a natural tributary or other open water (Y/N)
NO
Assessment area is substantially altered by beaver (Y/N)
NO
Assessment area experiences overbank flooding during normal rainfall conditions (Y/N)
NO
Assessment area is on a coastal island (Y/N)
NO
Sub -function Rating Summary
Function Sub -function Metrics
Rating
Hydrology Surface Storage and Retention Condition
HIGH
Sub -surface Storage and
Physical Change
Retention Condition
HIGH
Water Quality Pathogen Change
Condition
LOW
Hydrology
Condition/Opportunity
LOW
Water Quality
Opportunity Presence (Y/N)
NO
Particulate Change
Condition
HIGH
Condition/Opportunity
HIGH
Habitat
Opportunity Presence (Y/N)
NO
Soluble Change
Condition
HIGH
Condition/Opportunity
HIGH
Opportunity Presence (Y/N)
NO
Physical Change
Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence (Y/N)
NO
Pollution Change
Condition
NA
Condition/Opportunity
NA
Opportunity Presence (Y/N)
NA
Habitat Physical Structure
Condition
HIGH
Landscape Patch Structure
Condition
HIGH
Vegetation Composition
Condition
HIGH
Function Rating Summary
Function
Metrics
Rating
Hydrology
Condition
HIGH
Water Quality
Condition
HIGH
Condition/Opportunity
HIGH
Opportunity Presence (Y/N)
NO
Habitat
Condition
HIGH
Overall Wetland Rating HIGH
NC WAM FIELD ASSESSMENT RESULTS
Accomoanies User Manual Version 5.0
USACE AID # NCDWR#
Project Name Sutton Lake Dam Rearmament and Date of Evaluation 3/20/19
Vegetation Removal
Applicant/Owner Name
Duke Energy
Wetland Type
Riverine Swamp Forest
Level III Ecoregion
Middle Atlantic Coastal Plain
River Basin
Cape Fear
County
New Hanover
❑ Yes ® No
Precipitation within 48 hrs?
Wetland Site Name Wetland E (Near Breach 1
OW Ditch
Assessor Name/Organization
Nearest Named Water Body
USGS 8 -Digit Catalogue Unit
NCDWR Region
34.31541/-78.00357
Evidence of stressors affecting the assessment area (may not be within the assessment area)
Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in
recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following.
• Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.)
• Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic
tanks, underground storage tanks (USTs), hog lagoons, etc.)
• Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.)
• Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.)
Is the assessment area intensively managed? ® Yes ❑ No
Regulatory Considerations - Were regulatory considerations evaluated? ®Yes []No If Yes, check all that apply to the assessment area.
❑ Anadromous fish
® Federally protected species or State endangered or threatened species
❑ NCDWR riparian buffer rule in effect
❑ Abuts a Primary Nursery Area (PNA)
❑ Publicly owned property
❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer)
❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout
❑ Designated NCNHP reference community
❑ Abuts a 303(d) -listed stream or a tributary to a 303(d) -listed stream
What type of natural stream is associated with the wetland, if any? (check all that apply)
❑ Blackwater
® Brownwater
❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both
Is the assessment area on a coastal island? ❑ Yes ® No
Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No
Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No
1. Ground Surface Condition/Vegetation Condition — assessment area condition metric
Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the
assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment
area based on evidence an effect.
GS VS
❑A ❑A Not severely altered
®B ®B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive
sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure
alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less
diversity [if appropriate], hydrologic alteration)
2. Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric
Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub).
Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot
deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable.
Surf Sub
❑A ❑A Water storage capacity and duration are not altered.
❑B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation).
®C ®C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change)
(examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines).
3. Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes)
Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT).
AA WT
3a. ®A ®A Majority of wetland with depressions able to pond water > 1 deep
❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep
❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep
❑D ❑D Depressions able to pond water < 3 inches deep
3b. ®A Evidence that maximum depth of inundation is greater than 2 feet
❑B Evidence that maximum depth of inundation is between 1 and 2 feet
❑C Evidence that maximum depth of inundation is less than 1 foot
4. Soil Texture/Structure — assessment area condition metric (skip for all marshes)
Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature.
Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional
indicators.
4a. ®A
Sandy soil
❑B
Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres)
❑C
Loamy or clayey soils not exhibiting redoximorphic features
❑D
Loamy or clayey gleyed soil
❑E
Histosol or histic epipedon
4b. ®A
Soil ribbon < 1 inch
❑B
Soil ribbon z 1 inch
4c. ❑A
No peat or muck presence
®B
A peat or muck presence
S. Discharge into Wetland — opportunity metric
Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples
of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc.
Surf Sub
®A ®A Little or no evidence of pollutants or discharges entering the assessment area
❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the
treatment capacity of the assessment area
❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and
potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive
sedimentation, odor)
6. Land Use — opportunity metric (skip for non -riparian wetlands)
Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining
to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M),
and within 2 miles and within the watershed draining to the assessment area (2M).
WS 5M 2M
❑A ❑A ❑A > 10% impervious surfaces
❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants
❑C ❑C ❑C z 20% coverage of pasture
❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land)
❑E ❑E ❑E >_ 20% coverage of maintained grass/herb
❑F ❑F ❑F >_ 20% coverage of clear-cut land
®G ®G ®G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in
the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the
assessment area.
7. Wetland Acting as Vegetated Buffer — assessment area/wetland complex condition metric (skip for non -riparian wetlands)
7a. Is assessment area within 50 feet of a tributary or other open water?
❑Yes ®No If Yes, continue to 7b. If No, skip to Metric 8.
Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland.
Record a note if a portion of the buffer has been removed or disturbed.
7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make
buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.)
❑A >_ 50 feet
❑B From 30 to < 50 feet
❑C From 15 to < 30 feet
❑D From 5 to < 15 feet
❑E < 5 feet or buffer bypassed by ditches
7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width.
❑g 15 -feet wide ❑> 15 -feet wide ❑ Other open water (no tributary present)
7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water?
[]Yes [:]No
7e. Is stream or other open water sheltered or exposed?
❑Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic.
❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic.
8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and
Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest
only)
Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and
the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries.
WT WC
❑A ❑A >_ 100 feet
❑B ❑B From 80 to < 100 feet
❑C ❑C From 50 to < 80 feet
El ❑D From 40 to < 50 feet
❑E ❑E From 30 to < 40 feet
®F ®F From 15 to < 30 feet
❑G ❑G From 5 to < 15 feet
❑H ❑H < 5 feet
9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands)
Answer for assessment area dominant landform.
❑A Evidence of short -duration inundation (< 7 consecutive days)
❑B Evidence of saturation, without evidence of inundation
®C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more)
10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes)
Consider recent deposition only (no plant growth since deposition).
®A Sediment deposition is not excessive, but at approximately natural levels.
❑B Sediment deposition is excessive, but not overwhelming the wetland.
❑C Sediment deposition is excessive and is overwhelming the wetland.
11. Wetland Size — wetland type/wetland complex condition metric
Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the
size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User
Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select " K" for the FW column.
WT WC FW (if applicable)
❑A ❑A ❑A >_ 500 acres
❑B ❑B ❑B From 100 to < 500 acres
❑C ❑C ❑C From 50 to < 100 acres
❑D ❑D ❑D From 25 to < 50 acres
❑E ❑E ❑E From 10 to < 25 acres
❑F ❑F ❑F From 5 to < 10 acres
®G ®G ❑G From 1 to < 5 acres
❑H ❑H ❑H From 0.5 to < 1 acre
El ❑I ❑I From 0.1 to < 0.5 acre
❑J ❑J ❑J From 0.01 to < 0.1 acre
❑K ❑K ®K < 0.01 acre or assessment area is clear-cut
12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only)
❑A Pocosin is the full extent (z 90%) of its natural landscape size.
❑B Pocosin type is < 90% of the full extent of its natural landscape size.
13. Connectivity to Other Natural Areas — landscape condition metric
13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metri
evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguou,,
naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line
corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300
feet wide.
Well Loosely
®A
❑A
>_ 500 acres
❑B
❑B
From 100 to < 500 acres
❑C
❑C
From 50 to < 100 acres
❑D
❑D
From 10 to < 50 acres
❑E
El
< 10 acres
❑F
❑F
Wetland type has a poor or no connection to other natural habitats
13b. Evaluate for marshes only.
❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands.
14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland)
May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include
non -forested areas z 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider
the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut,
select option "C."
❑A 0
❑B 1 to 4
®C 5to8
15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat)
❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate
species, with exotic plants absent or sparse within the assessment area.
❑B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species
characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing.
It also includes communities with exotics present, but not dominant, over a large portion of the expected strata.
®C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of nor
characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in u.,
least one stratum.
16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only)
❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics).
❑B Vegetation diversity is low or has > 10% to 50% cover of exotics.
❑C Vegetation is dominated by exotic species (> 50 % cover of exotics).
17. Vegetative Structure — assessment area/wetland type condition metric
17a. Is vegetation present?
®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18.
17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands.
❑A z 25% coverage of vegetation
❑B < 25% coverage of vegetation
17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider
structure in airspace above the assessment area (AA) and the wetland type (WT) separately.
AA WT
o ❑A EIA Canopy closed, or nearly closed, with natural gaps associated with natural processes
m [113 EIB Canopy present, but opened more than natural gaps
U ®C ®C Canopy sparse or absent
o ❑A
❑A
Dense mid-story/sapling layer
❑B
❑B
Moderate density mid-story/sapling layer
®C
®C
Mid-story/sapling layer sparse or absent
❑A
❑A
Dense shrub layer
.�5 ❑B
❑B
Moderate density shrub layer
Cl) ®C
®C
Shrub layer sparse or absent
n ❑A
❑A
Dense herb layer
_ ®B
®B
Moderate density herb layer
❑C
❑C
Herb layer sparse or absent
18. Snags — wetland type condition metric (skip for all marshes)
®A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability).
❑B Not A
19. Diameter Class Distribution —wetland type condition metric (skip for all marshes)
❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are
present.
❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH.
®C Majority of canopy trees are < 6 inches DBH or no trees.
20. Large Woody Debris — wetland type condition metric (skip for all marshes)
Include both natural debris and man -placed natural debris.
®A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability).
❑B Not A
21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only)
Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned
areas indicate vegetated areas, while solid white areas indicate open water.
[JA ❑B ❑C ❑
i+ ,,` + . i�fir':.'`�'K,. '14.x, (°i r.`�''+•^` ` D2;' E
fa v-4, �p l , iQ �4 th 5 L tl a '! �'� � •{�
22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only)
Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion,
man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D.
❑A Overbank and overland flow are not severely altered in the assessment area.
❑B Overbank flow is severely altered in the assessment area.
®C Overland flow is severely altered in the assessment area.
❑D Both overbank and overland flow are severely altered in the assessment area.
Notes
Assessment area located near Breach 1 of the Sutton Lake Dam. Wetland and this location is an excavated open water ditch bordered to the
south by the Sutton Lake dam and to the north by a maintained vehicle path.
Wetland Site Name
Wetland Type
NC WAM Wetland Rating Sheet
Accompanies User Manual Version 5.0
Wetland E (Near Breach 1) OW
Ditch
Riverine Swamp Forest
Date of Assessment 3/20/19
Assessor Name/Organization Witherspoon/Wood
Notes on Field Assessment Form (Y/N) YES
Presence of regulatory considerations (Y/N) YES
Wetland is intensively managed (Y/N) YES
Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) NO
Assessment area is substantially altered by beaver (Y/N) NO
Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO
Assessment area is on a coastal island (Y/N) NO
Sub -function Rating Summary
Function
Sub -function
Metrics
Rating
Hydrology
Surface Storage and Retention
Condition
LOW
LOW
Sub -surface Storage and
Condition/Opportunity
LOW
Retention
Condition
HIGH
Water Quality
Pathogen Change
Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence (Y/N)
NO
Particulate Change
Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence (Y/N)
NO
Soluble Change
Condition
MEDIUM
Condition/Opportunity
MEDIUM
Opportunity Presence (Y/N)
NO
Physical Change
Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence (Y/N)
NO
Pollution Change
Condition
NA
Condition/Opportunity
NA
Opportunity Presence (Y/N)
NA
Habitat
Physical Structure
Condition
LOW
Landscape Patch Structure
Condition
MEDIUM
Vegetation Composition
Condition
LOW
Function Rating Summary
Function
Metrics
Rating
Hydrology
Condition
MEDIUM
Water Quality
Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence (Y/N)
NO
Habitat
Condition
LOW
Overall Wetland Rating LOW
Duke Energy L.V. Sutton Energy Complex
Section 404/401 Individual Permit
Sutton Lake Dam Rearmament and Vegetation Removal
Project No. 7812190167
APPENDIX D
USFWS and NCNHP Database Queries
wood.
United States Department of the Interior
FISH AND WILDLIFE SERVICE
y Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Consultation Code: 04EN2000-2019-SLI-0566
Event Code: 04EN2000-2019-E-01288
Project Name: Lake Sutton Dam Tree Removal
March 06, 2019
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 etseq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
03/06/2019 Event Code: 04EN2000-2019-E-01288 2
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and hqp://www.fws.gov/mi ratorybirds/CurrentBirdIssues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at john_ellis@fws.gov.
03/06/2019 Event Code: 04EN2000-2019-E-01288 3
Attachment(s):
• Official Species :List
03/06/2019. Event Code: 04EN2000-20.19-E-01288 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request'of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological. Services Field Office
Post Office Box 33.726
Raleigh,.NC 27636-3726
(919) 856-4520
03/06/2019 Event Code: 04EN2000-2019-E-01288 2
Project Summary
Consultation Code: 04EN2000-2019-SLI-0566
Event Code: 04EN2000-2019-E-01288
Project Name: Lake Sutton Dam Tree Removal
Project Type: POWER GENERATION
Project Description: Tree and root ball removal within 10 foot transition zone along base of
Lake Sutton dam.
Project Location:
Approximate location of the project can be viewed in Google Maps: hos:
www.gooiale.com/maps/place/34.30021130199292N78.01173728924542W
Counties: New Hanover, NC
03/06/2019 Event Code: 04EN2000-2019-E-01288
Endangered Species Act Species
There is a total of 16 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries/, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
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: htips:Hecos.fws.gov/ecp/species/9045
West Indian Manatee Trichechus manatus Threatened
There is final critical habitat for this species. Your location is outside the critical habitat.
This species is also protected by the Marine Mammal Protection Act, and may have additional
consultation requirements.
Species profile: hgps:Hecos.fws.gov/ecp/species/4469
03/06/2019
Event Code: 04EN2000-2019-E-01288
Birds
NAME STATUS
Piping Plover Charadrius melodus Threatened
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: hiips://ecos.fws. og v/ecl2/snecies/6039
Red Knot Calidris canutus rufa Threatened
No critical habitat has been designated for this species.
Species profile: h!Ws:Hecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile: h!Ws:Hecos.fws. og v/ecp/species/7614
Reptiles
NAME
STATUS
American Alligator Alligator mississippiensis
Similarity of
No critical habitat has been designated for this species.
Appearance
Species profile: haps://ecos.fws.gov/ecp/species/776
(Threatened)
Green Sea Turtle Chelonia mydas
Threatened
Population: North Atlantic DPS
No critical habitat has been designated for this species.
Species profile: h!Ws:Hecos.fws.gov/ecp/species/6199
Hawksbill Sea Turtle Eretmochelys imbricata Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https:Hecos.fws. og v/ecp/species/3656
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
There is proposed critical habitat for this species. The location of the critical habitat is not
available.
Species profile: hgps://ecos.fws. og v/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: hgps://ecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta Threatened
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: h!Ws:Hecos.fws.gov/ecp/Mecies/1110
03/06/2019 Event Code: 04EN2000-2019-E-01288
Snails
NAME STATUS
Magnificent Ramshorn Planorbella magnifica Candidate
No critical habitat has been designated for this species.
Species profile: hgps:Hecos.fws.gov/ecp/species/6216
Flowering Plants
NAME STATUS
Cooley's Meadowrue Thalictrum cooleyi Endangered
No critical habitat has been designated for this species.
Species profile: hgps://ecos.fws.gov/ecp/species/3281
Golden Sedge Carex lutea Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: hgps:Hecos.fws.gov/ecp/species/6025
Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus Threatened
No critical habitat has been designated for this species.
Species profile: h!Ws:Hecos.fws.gov/ecp/species/8549
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
5
Roy Cooper, Governor
0800 NC NC DEPARTMENT OF Susi Hamilton, Secretary
�quin■NATURAL AND CULTURAL RESOURCES
Menem Walter Clark. Director, Land and Water Stewardship
NCNHDE-8865
April 30, 2019
Laura Meyer
Wood Environment & Infrastructure Solutions, Inc.
4021 Stirrup Creek Drive
Durham, NC 27703
RE: Duke Sutton Lake Dam Rearmament and Vegetation Removal
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.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached 'Documented Occurrences' tables and map.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or 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:
httos://www.fws.goy/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.
Also please note that 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 an occurrence of a Federally -listed species is 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 ney.butler(a-)ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Duke Sutton Lake Dam Rearmament and Vegetation Removal
April 30, 2019
NCNHDE-8865
Element Occurrences Documented Within Project Area
Taxonomic EO ID
Scientific Name
Common Name
Last
Element
Group
Observation
Occurrence
Date
Rank
Reptile 35676
Deirochelys reticularis
Eastern Chicken Turtle
2017-02-13
E
reticularia
Vascular Plant 37923
Oenothera riparia
Riverbank Evening-
2017-06-28
A
primrose
No Natural Areas are Documented within the Project Area
No Managed Areas Documented within the Project Area
Accuracy Federal State Global Stat
Status Status Rank Ran
3 -Medium --- Special G5T5 S2S
Concern
2 -High --- Significantly G2G3 S2S
Rare Limited
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.ora/content/helo. Data query generated on April 30, 2019; source: NCNHP, Q2 Ap
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 7
- Natural Heritage Element Occurrences, Natural Are �, -nd Managed Areas Within a One -mile Radius of the Projer ea
Duke Sutton Lake Dam Rearmament and Vegetation Removal
April 30, 2019 .
NCNHDE-8865
Element Occurrences Documented Within a One -mile Radius of the Project Area
axonomic EO ID Scientific Name Common Name Last Element Accuracy Federal - State Global Stat
Group Observation Occurrence Status Status Rank . Rarl
Date Rank
Bird 15722 - Picoides borealis Red -cockaded 2015 E
__
Woodpecker
Dragonfly or 33738 Somatochlora Coppery Emerald 2004 -Pre H?�
Damselfly georgiana
Freshwater Fish12176 Acipe-nse-r Shortnose Sturgeon
brevirostrum_
Freshwater Fish38937 TAcipenser oxyrinchus Atlantic Sturgeon
oxyrinchus
1993 B
2018-09 E
3 -Medium Endangered Endangered G3
5 -Very --- Significantly G3G4 S2;
LowRare
5 -Very Endangered Endangered G3 _S11.
Low
4 -Low Endangered Endangered G3T3 ...S2
Freshwater Fish 33043 Heterandria formosa Least Killifish
2002-07-19
E
3 -Medium --- Special G5
S2
Concern
Mammal.
__
24390
_
Corynorhinus Eastern Big -eared Bat`
2006 -Pre
E
5 -Very ---
Special
G3G4T
S3
rafinesquii macrotis
Low.
Concern
3
Mammal
32126_Myotis
septentrionalis Northern Long-eared
1994 -Post
E
5 -Very Threatened
Threatened
G1G2
S2;
Bat____
Mammal
17664_
__ _
Trichechus__manatus West Indian Manatee
_ __
2018-08-13
E
5 -Very Threatened .Threatened
G2
511
Low
Natural
15952
Pine/Scrub Oak -==
-- --- -- _.
1993-10-12
_.----
B
- ----- - -- - - - - --- ---- -----
4=Low
-- --- - ---------------------
'Community
Sandhill (Coastal
------Fringe
Subtype)__` -- ----- --
—1993-10-12 —
Natural y
19258
Sand -Barren (Typic. ---
B
4 -Low. ---
---
G2
S2
Community.
Subtype)
_k ural
17973
Small Depression ---
1993-10-12
B
3 -Medium ---
---
G2?
S2S
'N
Drawdown Meadow
(Community
L`
_.(Typic Subtype)
Natural
30781
--
Tidal Freshwater Marsh- -
2002-06-13
B?
3 -Medium ---
---.
G4G5
S3
Community
(Cattail Subtype)
Natural
12990
Tidal Freshwater Marsh--- -
2002-06-13
B?
3 -Medium ---
---
G4
S411
Community
(Giant Cordgrass
Subtype)
Natural
30782'
Tidal Freshwater Marsh--
2002-06-13'
B?
4 -Low ---
---
G2?
Sl
Community
(Mixed Freshwater
Subtype)
Page 3 of 7
Element Occurrences Documented Within a One -mile Radius of the Project Area
k axonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global Stat
Group Observation Occurrence Status "Status Rank Rar�
- Date Rank 1
Natural
37925
Tidal Freshwater Marsh---
2017-06-28
B
2 -High ---
--- G2?
S11
Community
(Cypress. --Gum .
(Mixed Freshwater
mississippiensis
L�
-
Subtype)'.-
ubtype)'.
Natural
4755
Xeric Sandhill Scrub ---
Natural
Natural
37926
-Tidal Freshwater Marsh---
2017-06-28
BC
2 -High ---
--- G1G2.
S1S.
Community
E~
(Narrowleaf Pondlily
Special
G5T5
Subtype)
reti.cularia
Subtype)
9220
Xeric Sandhill Scrub =
2018-08=10
BC
3=Medium ---
Natural
30783
Tidal Freshwater Marsh---
2002-06-13
B?
3 -Medium ---
--- G4
S4I
Community _
6582
(Shrub. Subtype) .
1985-03
C
4 -Low ---
--- G3? S3S
9ommunity
Natural
30780
Tidal• Freshwater Marsh---
2002-06-13
B?
4 -Low ---
==- G3G5
54
Community
D
(Southern Wild Rice
Threatened
G2
S2•
Subtype) .
Natural .37924 Tidal Freshwater Marsh-=- 2017-06-28 B 2=1ligh --- --- .
Community . (Southern Wild Rice -
i Subtype)
Natural
37927
Tidal Swamp ---
2017-06-28
B
3 -Medium ---
--- G3G4 S4
Community.
G5
(Cypress. --Gum .
mississippiensis
Subtype)
-
Natural
4755
Xeric Sandhill Scrub ---
2002-09-12
C
3 -Medium ---
--- G2? 52I
Community
(Coastal Fringe
Eastern Chicken Turtle
-2017-02-13
E~
_
3 -Medium ---
Special
G5T5
Subtype)
reti.cularia
Natural
9220
Xeric Sandhill Scrub =
2018-08=10
BC
3=Medium ---
--- G3? ,..- S3S
Community_
Deirochelys reticularia
(Typic Subtype)
2002-06-19
E.
2 -High ---
Special ..
Natural - -
6582
Xeric Sandhill Scrub---
1985-03
C
4 -Low ---
--- G3? S3S
9ommunity
(Typic Subtype)
_
Reptile
13589
Reptile
3970
Alligator
American Alligator
2018-02-26
E
4 -Lowe Threatened
Threatened
G5
S3
mississippiensis
Similar
-
Appearance_
Reptile 35676 Deirochelys reticularia
Eastern Chicken Turtle
-2017-02-13
E~
_
3 -Medium ---
Special
G5T5
S2S
reti.cularia
concern-.
Reptile
1.7196
Deirochelys reticularia
Eastern Chicken Turtle "
2002-06-19
E.
2 -High ---
Special ..
G5T5
S2S
reticularis
Concern
Reptile
13589
Heterodon simus
Southern Hognose
2009-05-01
D
2 -High ---
Threatened
G2
S2•
-
Snake . •I
Vascular'Plant 22535 AristidaTcondensata
_ _ 1._
Big Three -awn Grass 2015 -Fall Br 3 -Medium --=. Threatened G4? S2.
Vascular Plant " 22533 Aristide condensate
Big Three -awn Grass 1999-11-01 A 3 -Medium --- Threatened G4? S2.
Vascular Plant 22538 Aristida condensate
Big Three -awn Grass 2002-09-12 D 3 -Medium --- Threatened G4? S2
Page 4of7
Element Oc_-. ; ences Documented Within a One -mile Radius of the Projc,_� :?ea
Vascular Plant
EO ID
Scientific Name
Common Name
Last
Element
Accuracy Federal
State
Global
Stat
(axonomic
Group
Observation ..Occurrence
Status
-Status
.Rank
Ra i
Date
Rank
Vulnerable
;Vascular Plant
23399
Aristida tenuispica
Hillsboro Three -awn
1999-11-01
E
3 -Medium ---
Significantly
G5T5
Si!
Vascular Plant
10226
Ludwigia suffruticosa
Grass
1993-10-12 .
C?
3 -Medium,
Rare
G5
S2
(Vascular Plant
26902
Oenothera riparia
—an
_
A
---- --
Peripheral
G2G3
S2S
Vascular Plant
.21842
Asclepias pedicellata
SavnaMilkweAid'
2010-08-22
X?
1 -Very ---
Special.
G4.
S3
Vascular Plant
37923
O__enothera .ri_ paria
Riverbank Evening-
2017-06-28
A
High
Concern
G2G3
S2S
primrose
Vulnerable
!Vascular Plant
26264
Boltonia.asteroides.
White Doll's -daisy.
2002-06-13
E
4 -Low . ---
Significantly
G5TNR
SI,
var. glastifolia
primrose
_
Rare Other
Vascular Plant
26265
Boltonia .asteroides
White Doll's -daisy-
2002-07-12
E
3 -Medium ---
Significantly
G5TNR
S2
var, glastifolia
Rare Other
Vascular Plant
13436
, Crocanthemum nashii
Florida Scrub
2010-08-22
C
1 -Very _ ---
Endangered
G3?
Sl
—=------
..
Spiranthes laciniata
Frostweed ..
2002-05-30
D
High
--- - Special
G4G5
S2
Vascular Plant
17390
- Eleocharis robbinsii
Robbins' Spikerush
1977-06-18
E
3 -Medium
--- Special
G4G5
- S2S
Concern
Vulnerable
jVascularPlant
21585`.
Eleocharis vivipara.
Viviparous Spikerush
2002-05-30.
E
3 -Medium
--- Ehdangered
_
GS
`S1�
Vascular Plant
10226
Ludwigia suffruticosa
Shrubby Seedbox
1993-10-12 .
C?
3 -Medium,
-.-- Threatened
G5
S2
(Vascular Plant
26902
Oenothera riparia
Riverbank Evening=
2017-06-22
A
2 -High
--- Significantly
G2G3
S2S
i
_
primrose
Rare Limited
Vascular Plant
37923
O__enothera .ri_ paria
Riverbank Evening-
2017-06-28
A
2 -High
--- Significantly
G2G3
S2S
primrose
Rare Limited
Vascular Plant
27015
Oenothera riparia
_
Riverbank Evening-
2002-07-12
A
2 -High
--- Significantly
G2G3
S2S?
primrose
_ Rare Limited
Vascular Plant
24757
Peltandra sagittifolia^
Spoonflower ^
_
2006-10-25
E
3-MediumA
-' Significantly.
G3G4
S2S
Rare
Peripheral
Vascular Plant
13929
Spiranthes laciniata
Lace -lip Ladies' -tresses
2002-05-30
D
- 3 -Medium
--- - Special
G4G5
S2
Concern
Vulnerable.
Vascular Plant
16199
Stylisma pickeringii
Pickering's -Dawnflower-.
1958-06-12
H.
3 -Medium
--- Special ..
G4T3
..S3
var. pickeringii
Concern
Vulnerable_
Vascular. Plant
2521
Stylisma pickeringii
Pickering's Dawnflower
2010-08-22 .
A?
2 -High.
--- Special
..G4T3
_ S3
var. pickeringii
Concern
;.
Vulnerable
Page 5 of 7
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name Representational Rating Collective Rating
Indian Creek--Dollisons Swamp R2 (Very High) C4 (Moderate)
Northeast Cape Fear River Floodplain Rl (Exceptional) Cl (Exceptional)
Brunswick River/Cape Fear River Marshes RI (Exceptional) C2 (Very High)
421 Sand Ridge Rl (Exceptional) Cl (Exceptional)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner Owner Type
New Hanover County Open Space New Hanover County: multiple local Local Government
government
Definitions and an explanation of status designations and codes can be found at httpsm//ncnhde.natureserve.org/content/help. Data query generated on April 30, 2019; source: NCNHP, Q2 Ap
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 6 of 7
NCNHDE-8865: Duke Sutton Lake Dam Rearmament and Vegetation Removal
« 1411a„er
N
April 30, 2019
Project Boundary
�]
Buffered Project Boundary
NHP Natural Area (NHNA)
L
Managed Area (MAREA)
Page 7 of 7
1:45.478
0 0.375 0.75 1.5 mi
0 0.5 1 2 km
Scircea. Cwt. NCRE, Garma. Ift"O. k%CF&Mnl P Cap_ GEBCO, USGS.
FAO. NPS. NRCAN GuoBaao. IGN, KuJaokr NL. Ordnance Sway- Ewi Japan.
Mtl J. Fmi can. (Hoop Konp;, (c) Opun%ow wo cmir"a,ra, and Lb. GIS
UW, Cd lr.4*
I ■■■.■ ��I11 Vf�I'�V. I'91\V rVV� Vf�I'1v �1VJVVn V`J I
Walter Clark, Director, Land and Water Stewardship
NCNHDE-8394
March 6, 2019
Laura Meyer
Wood Environment & Infrastructure Solutions, Inc.
4021 Stirrup Creek Drive
Durham, NC 27703
RE: Lake Sutton Dam Tree Removal
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.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached 'Documented Occurrences' tables and map.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or 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:
httos://www.fws.aov/offices/Directory/ListOffices.cfm?statecode
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.
Also please note that 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 an occurrence of a Federally -listed species is 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 ney.butler(c1ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 'A' JON[S _,I�tET, PALDGt 4, N(� �;�_::� l6',I M,:iL SCRVIC[ ' EPJTEP. RI i_E I{:�H. N.,�
LQ OFC 91') 70 `.)'.'!_; • FAX `)i9 7O )1 1
No Natural Areas are Documented within the Project Area
No Managed Areas Documented within the Project Area
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve, org/content/helo. Data query generated on March 6, 2019; source: NCNHP, Q1 Jan
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 7
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Lake Sutton
Dam Tree Removal
March 6, 2019
NCNHDE-8394
Element Occurrences Documented
Within Project Area
Taxonomic EO ID
Scientific Name Common Name'
Last Element Accuracy Federal
State
Global
State
Group
Observation Occurrence Status
Status
Rank
Rank
Date Rank
Reptile 35676
Deirochelys reticularis Eastern Chicken Turtle
2017-02-13 E 3 -Medium ---
Special
GST5
S2S3
reticularia
Concern
Vascular Plant 37923
Oenothera riparia Riverbank Evening-
2017-06-28 A 2 -High ---
Significantly
G2G3
S2S3
primrose
Rare Limited
No Natural Areas are Documented within the Project Area
No Managed Areas Documented within the Project Area
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve, org/content/helo. Data query generated on March 6, 2019; source: NCNHP, Q1 Jan
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 7
Natural Heritage Element Occurrences, Natural Area, and Managed Areas Within a One -mile Radius of the Projec� ,�;-aa
Lake Sutton Dam Tree Removal
March 6, 2019
N CN H D E-8394.
Element Occurrences Documented Within a One -mile Radius of the Project Area
axonomic EO ID -1 Scientific Name Common Name Last Element Accuracy Federal State Global Stat
Group Observation Occurrence Status Status Rank' . Ran
Date Rank
Bird 15722
Picoides borealis
Red -cockaded
s
G3
Woodpecker
__
Dragonfly or 33738
Somatochlora
—Coppery Emerald
Damselfly
georgiana
S2? -
Freshwater Fish12176
Acipenser
Shortnose-Sturgeon
I
I_ brevirostrum
Freshwater Fish.32417 Acipenser oxyrinchus Atlantic Sturgeon
oxyrinchus _
Freshwater Fish33043 He terandria formosa Least Killifish
2015
E
3 -Medium Endangered
Endangered
G3
S2I
J
2004 -Pre
H?
5 -Very ---
Significantly
'G3G4
S2? -
_
Corynorhinus
Eastern Big -eared Bat
Low
Rare
5-Ve.ry ---
Special
1993
- B
5 -Very - Enda
Endangered
G3
_ngered
S1 .f
Low
Concern
3
2012-04-04
E
4 --Low Endangered,
. Endangered
G3T3 ..
S2
2002-07-19 E 3 -Medium --- Special G5 S2
Page 3 of 7
Concern
'
Mammal.-
243.90
_
Corynorhinus
Eastern Big -eared Bat
2006 -Pre
E
5-Ve.ry ---
Special
G3G4T
S3
rafinesquii macrotis
Low .
Concern
3
Mammal
32126
Myotis septentrionalis
Northern Long-eared
1994 -Post
E
5 -Very T -4(d)
Threatened
G1G2
S2 I
L�--
Bat___
Low
Mammal
-
17664
-- --- --_
Trichechus manatus .
___
West Indian Manatee
_
2018-08-13
E
` 5 -Very Threatened
Threatened
G2
S1 N'
Low
Natural
15952
Pine/Scrub Oak
-== --
1993-10-12
B,
4 -Low --- _
---
-- -
G2
----- -
S2
Community
Sandhill (Coastal
(-
Fringe Subtype) —
!
Natural
19258.
Sand -Barren (Typic
_
---
1993-10-12
B
_
4 -Low.. ---
---
G2
S2 -
Community.
Subtype)
Natural
17973
Small Depression
---
1993-10-12
B
3 -Medium ---
---
G2?
S2S3
4Community
Drawdown Meadow
(Typic Subtype) _
Natural
30781
.Tidal Freshwater Marsh---
2002-06-13
B?
3 -Medium ---
---
G4G5
S3
Community
(Cattail Subtype)
Natural
12990
Tidal Freshwater Marsh---
2002-06-13
B?
3 -Medium ---
---
G4
S41
;Community
(Giant Cordgrass
i
Subtype)
Natural
30782
Tidal Freshwater Marsh---
2002-06-13
B?
4 -Low ---
---
G2?
S1
Community
(Mixed Freshwater
Subtype)
Page 3 of 7
Element Occurrences Documented Within a One -mile Radius of the Project Area
axonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State
Group Observation Occurrence Status. Status Rank Ranh
Date Rank J
Natural
37925 Tidal Freshwater Marsh--- 2017-06-28 B 2 -High ---
--- G2? S1 j
Community
(Mixed Freshwater
_S_ubtype)
Natural
37926 .Tidal Freshwater Marsh--- 2017-06-28 BC 2 -High ---
---. . G1G2 . S1S2
Community
(Narrowleaf Pondlily
Subtype)
Natural
30783 Tidal Freshwater Marsh--- v 2002-06-13- B? 3 -Medium - ---
-- _ --- - -y vG4 - S41
Community _ _ (Shrub. Subtype),
Natural 30780 Tidal'Freshwater Marsh--- 2002-06-13 B? 4 -Low --- =-- G3G5 84
Community (Southern Wild Rice
Subtype)
Natural 37k4:__Tidal Freshwater Marsh--- 2017-06-28-- B `2=High --- --- G3G5 S4
`Community -(Southern Wild Rice -
L- Subtype) --------_ _ —
Natural 37927 Tidal Swamp --- 2017-06-28 B 3 -Medium --- --- G3G4 S4
Community. (Cypress --Gum
Subtype)
Naturaf 4755 Xeric Sandhill Scrub --- - 2002-09-12 C 3 -Medium
Community (Coastal Fringe
—_µ—�: Subtype)
Natural 9220 Xeric Sandhill Scrub =-- 2018-08-10 BC 3 -Medium --- --- G3? . S3S4
Community (Typic_ SubtYpe)
_
Natural 6582____ -Xeric Sandhill Scrub --- -- 1985-03 C 4 -Low _ --- _ _ --- -- G3?._ S3S4
;Community (Typic- Subtype)
Reptile 3970 Alligator. American Alligator 2018-02-26 E 4 -Low- Threatened Threatened G5 S3
mississippiensis Similar
Appearance
ppearan_c_ e_
Reptile 35676 Deirochelys reticularia Eastern Chicken Turtle 2017-02-13 E 3 -Medium --- Special G5T5 S2S3
L_ - _ reticularia _ _ Concern
Reptile 17196 Deirochelys reticularia Eastern Chicken Turtle 2002-06-19 E 2 -High --- Special -, G5T5* 52S3
reticularia Concern
- - - - - _ --
--r- - - - - - - - - - --- --- --- - - —_ -- - - - - -- - -- -- - - - --
Reptile 13589 Heterodon simus Southern Hognose 2009-05-01 D 2 -High ---- Threatened -- G2-- lS2 j
j Snake f
Vascular Plant 22538 Aristida condensata Big Three -awn Grass 2015 -Fall Br 3 -Medium ---. Threatened GO S2.
Vj ascular Plant 2_2533_ _Aristid_a_condens_ata_ Big_Three-awn Grass 19_99-11-01 - A- 3 -Medium -Y -- Threatened G4? - S2 -I
Vascular Plant 22538 Aristida condensata Big Three -awn Grass 2002-09-12 D 3 -Medium --- Threatened G4? S2
Page 4 of 7
r`
Element 0(-,-.,"ances Documented Within a One -mile Radius of the ProjE_, —.,ea
Taxonomic EO ID Scientific Name Common Name Last
roup
,Vascular Plant 23399
1
Vascular Plant .21842
Observation
Date
Aristida tenuispica Hillsboro Three -awn 1999-11-01
Grass
Element
Occurrence
Rank
Asclepias pedicellata Savanna Milkweed 2010-08722 X?
Vascular Plant 19822. Astragalus michauxii Sandhills Milk -vetch
I
Vascular Plant 26264 Boltonia asteroides White Doll's -daisy
Vascular Plant. 26265
Vascular Plant 13436
ascular..Plant 17390.
var. glastifolia
'Boltonia asteroides --.White Doll.'s=daisy
var: glastifolia-
Crocanthemum nashii Florida Scrubs
Frostweed
Eleocharis robbinsii . Robbins' Spikerush 1977-06-18'
1946-05-18 H
2002-06-13 E
ccuracy reaerai State k-iiopai stat
Status Status Rank Ran
3 -Medium ---
Significantly
G5T5
S1 I
2002-05-30
Rare
1022_6
Ludwigia suffruticosa
-- - -
--- --- -Peripheral.—
--
.-26902
1-Very ---
Special
G4
S3
High
Concern
�!
Vascular Plant
Vulnerable
Oenothera riparia
_primrose _
Riverbank Evening-
4 -Low . ---
Special
G3
S3
Primrose
Concern
Vascular Plant
27015
Oenothera riparia
Vulnerable
2002-07-12�
4 -Low ---
_
Significantly
_
G5TNR
S2
Vascular Plant
Rare Other
Peltandra sagittifolia
Spoonflower
2002-0.7=12 E 344edium --- Significantly -G5TNR - S2
_ .-Rare Other
2010-08-22 — C 1 -Very --- Endangered G3? S1
Vascular Plant
21585
Eleocharis vivipara
Viviparous Spikerush
2002-05-30
vascular Plant.
1022_6
Ludwigia suffruticosa
. Shrubby"Seedbox _—
1993-10-12
Vascular Plant
.-26902
Oeriothera riparia
Riverbank Evening-
_
2017-06=22
Vulnerable
�!
Vascular Plant
37923
Oenothera riparia
_primrose _
Riverbank Evening-
2017-06-28
C?
-Medium. i^
_
Primrose
S2 !
Vascular Plant
27015
Oenothera riparia
Riverbank Evening-
2002-07-12�
Rare Limited
primrose
Vascular Plant
24757
Peltandra sagittifolia
Spoonflower
2006-10-25
Vascular Plant - 13929 Spiranthes laciniata Lace -lip Ladies' -tresses .2002-05-30
I
vascular Plant 16199 Stylisma pickeringii Pickering's Dawnflower 1958-06-12 H
var. pickeringii
i
I
Page 5 of 7
Ra re I
_ _ Peripheral.
3-M.edium�--- Special . G4G5 S2
Concern
Vulnerable
3 -Medium --- Special G4T3 S3 !
Concern .I
Vulnerable
I
High
E -
3 -Medium ---
, - Special
. G4G5
S2S3
Concern
Vulnerable
�!
E
3 -Medium ---
Endangered
G5
Sl
C?
-Medium. i^
_
Threat_ened
G5.-
S2 !
!_ —__3
A
2 -High ---
—
Significantly
G2G3-
S2S3
Rare Limited
A
2 -High ---
Significantly
G2G3
S2S3
Rare Limited
A
2 -High ---
Significantly
G2G3
S2S3
Rare Limited
E
3 -Medium ---
Significantly
G364
S2S3
I
vascular Plant 16199 Stylisma pickeringii Pickering's Dawnflower 1958-06-12 H
var. pickeringii
i
I
Page 5 of 7
Ra re I
_ _ Peripheral.
3-M.edium�--- Special . G4G5 S2
Concern
Vulnerable
3 -Medium --- Special G4T3 S3 !
Concern .I
Vulnerable
I
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last
Group Observation
Date
Vascular Plant 2521 Stylisma pickeringii Pickering's Dawnflower 2010-08-22
var. pickeringii
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name Representational Rating
Indian Creek--Dollisons Swamp R2 (Very High)
Northeast Cape Fear River Floodplain R1 (Exceptional)
Brunswick River/Cape Fear River Marshes R1 (Exceptional)
421 Sand Ridge R1 (Exceptional)
Element Accuracy Federal
State Global State
Occurrence Status
Status Rank Rank
Rank
A? 2 -High ---
Special G4T3 S3
Concern
Vulnerable
Collective Rating
C4 (Moderate)
C1 (Exceptional)
C2 (Very High)
C1 (Exceptional)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner Owner Type
North Carolina Coastal Land Trust Easement North Carolina Coastal Land Trust Private
New Hanover County Open Space New Hanover County: multiple local Local Government
government
Definitions and an explanation of status designations and codes can be found at httos://ncnhde natureserve ora/content/helg. Data query generated on March 6, 2019; source: NCNHP, Q1 Jan
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 6 of 7
March 6, 2019
n
Project Boundary
0
Buffered Project Boundary
E]
NHP Natural Area (NHNA)
E3
Managed Area (MAREA)
NCNHDE-8394: Lake Sutton Dam Tree Removal
Page 7 of 7
ME
POP
I NOUN,
S,
'ill, t� III
1:45,879
0 0.375 0.75 1.5 mi
0 0.5 1 2 km
Sources Esn, HERE. Garmn. Intarnsp, inaemsnt P Corp., GEBCO, USES,
FAO, NPS. NRCAN, GwBase. IGN, Kadaster NL, Ordnance Survey. Esh Japan,
METE, Esri China (Hong Kong), swisstopo, O OpsnStrsatMap contributors, and
the GIS User Co—unsy