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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 t 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 Duke Energy L.V. Sutton Energy Complex Section 404/401 Individual Permit Sutton Lake Dam Rearmament and Vegetation Removal Nwood.' 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 Sutton Lake Dam Rearmament and Vegetation Removal wood. 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 Duke Energy L.V. Sutton Energy Complex 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 Duke Energy L.V. Sutton Energy Complex Section 404/401 Individual Permit Sutton Lake Dam Rearmament and Vegetation Removal wood. 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 Section 404/401 Individual Permit Sutton Lake Dam Rearmament and Vegetation Removal wood. 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. 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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. = s Cape Fear River O' I i 'k Sutton Steam Plant Rd I x x NC 133 LO NC 133 o-� J '40010 too Gordon Rr.a• Ey US'I NC 1, 74 EJ1 74 1 US 74 76 _ us 17 -� ►AeritestteM ? .. 1 us US 74 -V- US 76 - NC 133 iiij US17J Ous _ _ US 74 - - - 76 -- WilmingtonV US Gordon Rr.a• Ey US'I NC 1, r^"ra Mips 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 S . _._ e 0� 2 4 Miles 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 ` = 037 eo 2 a 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 s r 17 e 0 2 4 7 Miles t• 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. !?o luso its SW.Imp Dcllitsons Swamp � 0 1,400 2,800 N Feet Lake Sutton Lake Sutton V% t q. HERE, Del-orme, USGS, Interma \ P p, increment P Corp., NRCAN, Esd Japan, METI, Esn China (Hong Kong), Esri (Thailand), Mapmylntlia, ®OpenStieatMap contributors, and the GIS User Community w a esn papualwun jo !lied pnyi Bons hue Joi Janaosleym 'loaf pw jo ioej!p 'pp!gep ou sawnsse pooM'L9LO6LZL8L jagwnu ioafad pooh pm asn jol Apouis s! pue aim elgeuoseaj pue enp pe yi!m peieero ueaq seg aiaq umoys dew ayl HVf ::AQ UMeld L9L06LZL8LoN qo^ •pooh 'XO3N3 . A.. 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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. Project, Reeves AME Zion Church10 VNIP!! IIIIIIIIIIIIIIIIIIIIIll�2"9.97�50�OM5T0-0-03 Feet Mears Cemetery O Mt. Calvary Cemetery 1Navassa Railroad Bridge Building W.A. Kerr Family House My o 17 Rockhiti Rd c►� 1= � Y Russell -Humphrey House Moore House G 0 Bordeaux House lie Marine Railway E 0 Iz it 2 Kerr -Walker House 0 Godwin House C4 Railroad Bridge, Vehicular Bridge 0 _ 4"= U5a- IJipfiS=_-` yt7f71/T _ � e 0 _ -0.5 1 a__ ... Miles 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