20191285 Ver 1_PCN Form Submission_20190925

1
Benton, Charles
From:Compton, Christel E <[e-mail]>
Sent:Friday, September 20, 2019 11:36 AM
To:Benton, Charles
Cc:Vega, Eddie; Crowther, James K; Pooler, Cary; Mastin, Brian; Collins, Joshua
(Conshohocken); DAugustine, Jenn
Subject:RE:⚠ draft PCN application - Water Intake Channel Sediment Removal Project
Charlie –
I approve.
Thanks –
Christel
From: Benton, Charles [mailto:[e-mail]]
Sent: Monday, August 19, 2019 11:29 AM
To: Compton, Christel E <[e-mail]>
Cc: Vega, Eddie <[e-mail]>; Crowther, James K <[e-mail]>;
Cary Pooler <[e-mail]>; Mastin, Brian <[e-mail]>; Joshua Collins
<[e-mail]>; DAugustine, Jenn <[e-mail]>
Subject:⚠ draft PCN application - Water Intake Channel Sediment Removal Project
External email. Confirm links and attachments before opening.
Christel,
Per our discussion on Friday, please find attached a draft PCN application for the Water Intake Channel
Sediment Removal Project, along with a cover letter to the USACE and figures for your review. Once you
have approved, we can submit the PCN electronically to the USACE and NCDWR to start their review period.
Please let me know if you have any questions or comments.
Best regards,
Charlie Benton, PWS
Natural Resources Department Manager
Impact Assessment and Permitting (IAP)
Environment - Southeast SR
D 1-919-461-1431 | C 1-919-946-3122
[e-mail]
AECOM
1600 Perimeter Park Drive, Suite 400
Morrisville, North Carolina 27560
T 1-919-461-1100 |F 1-919-461-1415
www.aecom.com
2
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DR
02*10n of Water R"Ourc"
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned *
Version#*
20191285
1
Is a payment required for this project?*
* No payment required
What amout is owed?*
* Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office* Select Project Reviewer*
Fayetteville Regional Office - [phone] Chad Turlington:eads\ccturlington
Information for Initial Review
1a. Name of project:
Chemours Fayetteville Works Water Intake Sediment Removal Project
1a. Who is the Primary Contact?*
Charles Benton
1 b. Primary Contact Email:*
[e-mail]
Date Submitted
9/25/2019
Nearest Body of Water
Cape Fear River
Basin
Cape Fear
Water Classification
WS -Iv
Site Coordinates
Latitude:
34.849523
A. Processing Information
Longitude:
-78.826943
County (or Counties) where the project is located:
Cumberland
Bladen
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
1c. Primary Contact Phone:*
[phone]

V Nationwide Permit (NWP)
F- Regional General Permit (RGP)
F- Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
F- 401 Water Quality Certification - Regular
F- Non -404 Jurisdictional General Permit
F- Individual Permit
03 - Maintenance
1e. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
P 401 Water Quality Certification - E)iress
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner FJ Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
The Chemours Company FC LLC
2b. Deed book and page no.:
09585-0296
2c. Responsible party:
James Crowther
2d. Address
Street Address
1007 Market Street
Address Line 2
city
Wilmington
Postal / Zip Code
19899
2e. Telephone Number:
[phone]
29. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
State / Frovince / Pbgion
Delaware
Country
United States
2f. Fax Number:
r Yes r No
r Yes r No

3a. Name:
Christel Compton
3b. Business Name:
Chemours Company
3c. Address
Street Address
1007 Market Street
Address Lire 2
CKY
Wilmington
Postal / Zip Code
19899
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
State / Rovince / Region
Delaware
Cbuntry
United States
3e. Fax Number:
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Fayetteville
2. Project Identification
2a. Property Identification Number:
2b. Property size:
0440-70-6707
10
2c. Project Address
Street Address
22828 NC -87
Address Lire 2
Ory
State / Ravine / Pa9ion
Fayetteville
North Carolina
Postal / Zip Code
Country
28306
United States
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Cape Fear River
3b. Water Resources Classification of nearest receiving water:*
WS -Iv
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12 -digit HUC in which the project is located.
030300050102
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Site contains an eAsting Water Intake pump and infrastructure. Ebsting water intake canal abutting and adjacent to the Cape Fear River. Site contains a man-made 0.5 -acre impounded
sediment settling basin. Maintained road easements and undeveloped woods surround the site. See attached Figures 1 to 4.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No O Unknown
4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Figure 2 Topo_11x17.pdf
2.97MB
4e. Attach an 8 1/2 X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Figure 6 Soils_11x17.pdf 4.39MB
4f. List the total estimated acreage of all existing wetlands on the property:

0
4g. List the total estimated linear feet of all existing streams on the property:
200
4h. Explain the purpose of the proposed project:*
The purpose of this project is to remove sediment from intake channel to restore functionality of the water intake structure.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project will dredge, de-umter, and dispose of sediment excavated from the existing water intake channel. Hydraulic dredging will be conducted from a barge. The sediment will be
dewatered using geotextile tubes and treated with coagulants and flocculent to minimize total TSS, prior to discharge. The dewatered sediment will be stored within the Fayetteville
Works property.
4j. Please upload project drawings for the proposed project.
Figure 4 and 5.pdf 2.22MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
No jurisdictional wetlands were identified within the project site. An existing man-made water intake
channel is located adjacent and abutting to the Cape Fear River.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
r Preliminary r Approved r Not Verified r Unknown r WA
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Charles Benton, PWS
Agency/Consultant Company: AECOM
Other:
5d1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
F Wetlands R Streams -tributaries r Buffers
r Open Waters r Pond Construction
3. Stream Impacts
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact
M Jurisdiction* length*
fl
Dewatering Temporary Dewatering Cape Fear River Perennial Both 100 200
Average (feet) (linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 200
3i. Total stream and ditch impacts:
200
3j. Comments:
Dredging will occur in a man made intake channel adjacent and abutting the Cape Fear River. A turbidity curtain will be installed to minimize sediment
from entering the Cape Fear River from the intake channel during dredging operations.

E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Mitigation measures will be implemented to minimize impacts to the Cape Fear River. A turbidity curtain will be installed to minimize sediment from
entering the Cape Fear River from the intake channel during dredging operations. Sediment will be devatered using geotextile tubes and treated with
coagulants and flocculants to ensure TSS are within regulatory limits.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A turbidity curtain will be implemented along the intake channel confluence with the Cape Fear River to enclose the work area during dredging
operations to reduce impacts to the main Cape Fear River channel. Construction equipment and materials will be staged approximately 600 feet from
the river. All work areas will contain erosion and sediment control BMPs; ground disturbance for this project will be less than one acre.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes
t. No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
In accordance with Nationwide Permit (NWP) 3 and general condition 23, all impacts are temporary in nature and no wetlands were identified on site; therefore, compensatory mitigation
Wil not be required by the USACE.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes
r No
If no, explain why:
The project falls within the Cape Fear River Basin (030300050102) which is not currently subject to NC Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause
degradation of downstream surface waters.*
O Stormwater Management 6 Antidegradation
Plan Calculations
3b. Stormwater Management Plan
3c. Antidegradation Calculations:
Comments:
Project is for dredging an existing water intake channel. No impervious surfaces are proposed.
G. Supplementary Information ^�
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federallstate/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
r Yes r No

3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
Due to the minimal impact resulting from dredging sediment from a man-made intake channel, this project is not anticipated to impact adjacent stream
or downstream water quality; therefore, a detailed indirect cumulative impacts analysis is not necessary.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r No r N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Review of the USFWS IPaC web -based mapping tool. Based on the nature of the project, no impacts to federally listed species are anticipated.
Consultation Documentation Upload
USFWS self cert and Ipac.pdf 348.83KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Habitat Mapper V.3.0 indicated no EFH Areas identified within the project area.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
C' Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NCSHPO HPOWEB GIS website indicated no cultural resources within the project area.
7c. Historic or Prehistoric Information Upload
SHPO map.pdf
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
No new structures are proposed for this project.
8c. What source(s) did you use to make the floodplain determination?*
FEMA FIRM map indicates that the project falls Within the Zone AE Regulatory Floodway.
Miscellaneous
2.81 MB

Comments
Miscellaneous attachments not previously requested.
Figure 2- Project Site.pdf 3.41 MB
Signature
m By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
. I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
. I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
. I intend to electronically sign and submit the PCN form.
Full Name:
Charles Benton
Signature
awa PAJk
Date
9/25/2019
U

September 2019NAD83 NC StatePlaneThis map is for reference only
Cape Fear River BasinHUC 030300050102
Fayetteville WorksWater Intake ChannelSediment Removal Project
0 0.50.25 Miles ³
County
CUMBERLAND
Figure 1bTopographic Map
Project Site34.849523, -78.826943
Legend
Project Site
August 2019NAD83 N C StatePlaneThis map is for reference only
Cape Fear River BasinHUC 030300050102
Fayetteville WorksWater Intake ChannelSediment Removal Project
0 1,000500Feet ³
County
CUMBERLAND
Figure 2Project Site
Project Site34.849523, -78.826943
Cumberland County
Bladen County Ca
pe Fear
Ri
ve
r
ChemoursFayetteville W orks
28 27 26 25
24
23
15
20
25
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
25
26
27
28
29
30 CAPE FEAR
R
IVER
FLOW
HYDRAULIC DREDGE VESSEL STACKED GEOTEXTILE TUBES
TURBIDITY CURTAIN ENCLOSING WORK
AREA DURING DREDGING OPERATIONS
HDPE AND GEOGRID
LINER SYSTEM
CONSTRUCTION EQUIPMENT,
FACILITIES, AND MATERIALS
STAGING AREA
SUMP AND DISCHARGE
PUMP LOCATION
9 STACKED
GEOTEXTILE TUBES
HOSE FROM
DREDGE VESSEL
DISCHARGE HOSE
CLEAR VEGETATION ALONG
SHORELINE FOR DREDGE VESSEL
LAUNCH AND PULL-OUT AREA
APPROXIMATE
SHORELINE LOCATION
CONSTRUCTION
ACCESS ROAD
INTAKE STRUCTURE
6' INTAKE TUNNEL
8' INTAKE CANAL
AREA TO REMAIN CLEAR FOR FACILITY ACCESS. USE
OF AREA DURING CONSTRUCTION SHALL BE LIMITED
TO THE EXTENT PRACTICABLE AND COORDINATED
WITH CHEMOURS SITE REPRESENTATIVE
KEY PLAN
REGISTRATIONANSI D 22" x 34"Last saved by: JOHN.ANGELONE(2019-06-28) Last Plotted: ----Project Management Initials:Designer:Checked:Approved:_______________Filename: \\USCHL1FP001\DATA\PROJECTS\JOBS\REM_ENG\PROJECT FILES\CHEMOURS_FAYETTEVILLE\900-CAD\910 CAD\20 SHEETS\_CONCEPTUAL DESIGN\20190624-FW-CONCEPTUAL DESIGN.DWGPROJECT NUMBER
SHEET TITLE
SHEET NUMBER
I/R DATE DESCRIPTION
ISSUE/REVISION
CONSULTANT
AECOM
www.aecom.com
CLIENT
THE CHEMOURS COMPANY
1007 MARKET STREET
WILMINGTON, DE 19899
www.chemours.com
PROJECT
CHEMOURS FAYETTEVILLE SITE
FAYETTEVILLE, NC
PRELIMINARY
NOT FOR CONSTRUCTION
SHEET TITLE
CONCEPTUAL LAYOUT
SHEET NUMBER
0 3015
GRAPHIC SCALE IN FEET
EW
S
N
Figure 3
Water Intake Channel Sediment Removal
1600 Perimeter Park Drive, STE 400
Morrisville, NC 27560
CAPE FEAR RIVER FLOW10
15
20
25
30
8
9
11121314
16171819
21222324
26272829
10
15
20
25
30
89
11121314
16171819
21222324
26272829
8' INTAKE CANAL
EXISTING GRADE
SURVEY BOUNDARY
EXISTING GRADE VS.
PROPOSED DREDGE GRADE
VOLUME SURFACEINTAKE STRUCTURE
6' INTAKE TUNNEL
-20
-10
0
10
20
30
40
50
60
70
80
-20
-10
0
10
20
30
40
50
60
70
80
0+000+100+200+300+400+500+600+700+800+901+001+101+201+301+401+501+601+701+801+902+002+102+202+302+402+502+602+702+802+903+008.050.0
12.0
SLOPE TO
EXISTING GRADE
(LENGTH VARIES)
15.0
MIN
50.0
12.0
SLOPE TO
EXISTING GRADE
(LENGTH VARIES)
15.0
MIN.
EXISTING GRADE
PROPOSED DREDGE GRADE
EL. 8.0'
EL. 33.0'
DREDGE MATERIAL REMOVED
WATER SURFACE
ELEVATION DURING
SURVEY EVENT (EL. 34.0')
NORMAL WATER SURFACE
ELEVATION (EL. 28.9')ALLOWABLE O.D. DREDGE GRADE
1
2
1
2
1
2
1
2
KEY PLAN
REGISTRATIONANSI D 22" x 34"Last saved by: JOHN.ANGELONE(2019-06-28) Last Plotted: ----Project Management Initials:Designer:Checked:Approved:_______________Filename: \\USCHL1FP001\DATA\PROJECTS\JOBS\REM_ENG\PROJECT FILES\CHEMOURS_FAYETTEVILLE\900-CAD\910 CAD\20 SHEETS\_CONCEPTUAL DESIGN\20190624-FW-DREDGE PLAN.DWGPROJECT NUMBER
SHEET TITLE
SHEET NUMBER
I/R DATE DESCRIPTION
ISSUE/REVISION
CONSULTANT
AECOM
www.aecom.com
CLIENT
THE CHEMOURS COMPANY
1007 MARKET STREET
WILMINGTON, DE 19899
www.chemours.com
PROJECT
CHEMOURS FAYETTEVILLE SITE
FAYETTEVILLE, NC
PRELIMINARY
NOT FOR CONSTRUCTION
SHEET TITLE
DREDGE PLAN
SHEET NUMBER
0 4020
GRAPHIC SCALE IN FEET
E
W
S
N
DREDGE DATA TABLE
INTAKE CANAL
PARAMETER VALUE
NEAT DREDGE AREA (SQ. FT.)12,485
MINIMUM ELEV. IN NEAT DREDGE AREA (MLLW)9.80
MAXIMUM ELEV. IN NEAT DREDGE AREA (MLLW)30.40
MEAN ELEV. IN NEAT DREDGE AREA (MLLW)23.33
TOTAL REQUIRED NEAT DREDGE VOLUME (CY)2,844
ALLOWABLE OVERDEPTH DREDGE VOLUME (CY)345
NOTES:
1.DRAWING DATUM:
1.1.HORIZONTAL: NAD83 NORTH CAROLINA STATE PLANES, US FOOT (NC83F)
1.2.VERTICAL: NAVD88
2.BATHYMETRIC SURVEY WAS CONDUCTED VIA HAND SOUNDINGS ON APRIL 29, 2019 FROM 14:00 TO 15:30. WATER SURFACE ELEVATION FOR THE
DURATION OF THE SURVEYING EVENT WAS ELEVATION 34.00' APPROXIMATE.
3. TYPICAL CANAL SECTIONS SOURCE:
3.1.CLIENT: CHEMOURS AND COMPANY
3.2.PROJECT: FAYETTEVILLE WORKS, RIVER PUMP HOUSE, INTAKE CANAL AND TUNNEL DETAILS, CONCRETE AND CIVIL
3.3.DRAWING NUMBER: FW 392924
3.4.DATE: JANUARY, 1971
A
A'
A A'
Figure 4
Water Intake Channel Sediment Removal
1600 Perimeter Park Drive, STE 400
Morrisville, NC 27560
September 2019NAD83 NC StatePlaneThis map is for reference only
Cape Fear River BasinHUC 030300050102
Fayetteville WorksWater Intake ChannelSediment Removal Project
BrB
DT
VgE
WaB
VgE
W
CaB
DyFWaB
0 12562.5 Feet ³
County
CUMBERLAND
Figure 6Soils Map
Legend
Project Site
Soils
BrB - Bragg sandy loam, 1 to 4 percent slopes
CaB - Candor sand, 1 to 8 percent slopes
DT - Dystrochrepts, steep
DyF - Dystrochrepts, steep
VgE - Vaucluse-Gilead loamy sands, 15 to 25 percent slopes
W - Water
WaB - Wagram fine sand, 0 to 6 percent slopes
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726

Date:__________________________

Self-Certification Letter

Project Name______________________________

Dear Applicant:

Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.

The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:

“no effect” determinations for proposed/listed species and/or
proposed/designated critical habitat; and/or

“may affect, not likely to adversely affect” determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or

“may affect, likely to adversely affect” determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;

“no Eagle Act permit required” determinations for eagles.

Applicant Page 2

We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the “no effect” or
“not likely to adversely affect” determinations for proposed and listed species and
proposed and designated critical habitat; the “may affect” determination for Northern
long-eared bat; and/or the “no Eagle Act permit required” determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at [e-mail] or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.

Sincerely,

/s/Pete Benjamin

Pete Benjamin
Field Supervisor
Raleigh Ecological Services

Enclosures - project review package
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Consultation Code: 04EN2000-2019-SLI-1228
Event Code: 04EN2000-2019-E-02788
Project Name: Fayetteville Works Water Intake

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 et seq.).
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
July 10, 2019
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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 http://www.fws.gov/migratorybirds/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 [e-mail].
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Attachment(s):
▪Official Species List
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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 33726
Raleigh, NC 27636-3726
[phone]
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Project Summary
Consultation Code:04EN2000-2019-SLI-1228
Event Code:04EN2000-2019-E-02788
Project Name:Fayetteville Works Water Intake
Project Type:WATER SUPPLY / DELIVERY
Project Description:Fayetteville Works Water Intake Sediment Removal
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/34.8494459961247N78.82712357880071W
Counties:Cumberland, NC
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Endangered Species Act Species
There is a total of 7 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.
1.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.
Birds
NAME STATUS
Red-cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Endangered
Reptiles
NAME STATUS
American Alligator Alligator mississippiensis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/776
Similarity of
Appearance
(Threatened)
Insects
NAME STATUS
Saint Francis' Satyr Butterfly Neonympha mitchellii francisci
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5419
Endangered
1
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Flowering Plants
NAME STATUS
American Chaffseed Schwalbea americana
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1286
Endangered
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Endangered
Pondberry Lindera melissifolia
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1279
Endangered
Rough-leaved Loosestrife Lysimachia asperulaefolia
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2747
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.