wte endangered and threatened species · listed in south carolina are forwarded protection status...

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AUTHORIZED COPDocument Wte

Endangered and Threatened SpeciesDocument number

EVC-SUBS-00011Applies to: Progress Energy Carolinas, Inc.; North Carolina Natural Gas Corporation; Progress Energy Florida, Inc.;

Progress Energy Service Company, LLC

Keywords: environmental; environmental compliance manual - common

0 -TABLE OF CONTENTS

y

Q S 1.0 BACKGROUND ........................ 4

2.0 DEFINITIONS.........................4

3.0 PROGRAM REQUIREMENTS .. 5

3.1 COMPANY ................. 5

3.2 FEDERAL ..... 5

3.3 FLORIDA .5

3.4 GEORGIA ................ 6

3.5 NORTH CAROLINA ................ 6

3.6 SOUTH CAROLINA .7

4.0 PERMITS & CERTIFICATION ................... 7

4.1 COMPANY .7

4.2 FEDERAL .7

4.3 FLORIDA .7

4.4 GEORGIA ............................................................................................................. 7

4.5 NORTH CAROLINA ............. ; .7


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AUTHORIZED COPY5.0 TRAINING REQUIREMENTS ................... 8

5.1 COMPANY ................. 8

5.2 FEDERAL .8

5.3 FLORIDA .8

5.4 GEORGIA .8

5.5 NORTH CAROLINA ................. 8

5.6 SOUTH CAROLINA .............. . .. .8

6.0 RECORD KEEPING REQUIREMENTS ........................ .. 8

6.1 COMPANY .8

6.2 FEDERAL .8

6.3 FLORIDA .8

6.4 GEORGIA ................ 8

- 6.5 NORTH CAROLINA .............. 9

6.6 SOUTH CAROLINA ............ 9

7.0 SELF-ASSESSMENTS .. 9

8.0 REFERENCES .............. 9

8.1 COMPANY .9

8.2 FEDERAL ......... 9

8.3 FLORIDA .9

8.4 GEORGIA ........ ; ;.; ; 9

8.5 NORTH CAROLINA .9


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APPENDIX A: Management of Rare Plants onProgress Energy Line Rights-of-Way .......................... 10

FORMS

| FRM-SUBS-00063 I Environmental Self-assessment Program Other Items Compliance .II Checklist I

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0 AN AUTHORIZED COPY1.0 BACKGROUND

This document is intended to provide guidance for compliance with EnvironmentalRegulations. These regulations apply to any activity on lands and rights-of-way andadjacent waters that results in the Injury or death of an endangered or threatened species,that has the potential to annoy an endangered or threatened species, or that changes thehabitat of an endangered or threatened species in a manner that may affect its ability toreproduce, to obtain food, or to have shelter. The following are some examples of suchactivities:

." Mowing and other maintenance operations on Progress Energy rights-of-way thatkill, Injure, or alter habitat for endangered or threatened plant populations living inthe rights-of-way.

* Cutting a red-cockaded woodpecker cavity tree while removing danger trees along atransmission right-of-way.

* Creating a disturbance (i.e., operating a chain saw, bulldozer, line truck, or otherequipment) in the vicinity of a bald eagle nest or a red-cockaded woodpecker nestcavity.

* Discharging oil, chemicals, or sediments into a stream that kill, injure, or alter thehabitat of endangered or threatened fish or freshwater mussels living in the stream.

* Possessing the feathers, talons, beak, or any other body parts of a bald eagle.

All facilities must be in compliance with applicable environmental regulations. If a conflictbetween the corporate and NGG or site procedure is believed to exist, it should be broughtto the attention of supervision for resolution. If appropriate, a Condition Report should bewritten by the nuclear sites to document the conflict and to track its resolution.

2.0 DEFINITIONS

Animal-Any member of the animal kingdom including, without limitation, any mammal, fish, bird,amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate, and including anypart, product, egg, or the dead body or parts thereof.

Endangered -Any species of animal or plant which is in danger of extinction throughout all or a significantportion of its range.

Plant -Any member of the plant kingdom, including seeds, roots, and other parts thereof.

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AUTHORIZED COPYTake -The Endangered Species Act prohibits the taking of any species listed on the FederalEndangered Species List. "Take" includes harass, harm, pursue, hunt,, shoot, wound, trap,kill, capture or collect, or attempt to engage in any such activities. The Act also makes itillegal to possess, sell, deliver, carry, transport, or ship by any means whatsoever, anyspecies unlawfully taken within the United States or on the high seas.

Threatened -Any species of animal or plant which is likely to become an endangered species within theforeseeable future throughout all or a significant portion of its range.

3.0 PROGRAM REQUIREMENTS

3.1 COMPANY

None

3.2 FEDERAL

All employees have the responsibility to comply with the Endangered Species Act(ESA). Engineers and planners have the responsibility to consider the presence ofendangered or threatened species early in the planning and design phases of anyproposed new construction project or operational change affecting Company landsand rights-of-way and adjacent waters. The Environmental Services Section (ESS)should be contacted to conduct biological surveys of any proposed new constructionsite. Surveys may need to be conducted during the entire growing season to ensurethere are no endangered plants present. The surveys may require up to a year tocomplete.

All employees must follow all conservation guidelines for the protection of theFederally-listed threatened and endangered species(http:Ilecos.fws.qovlwebPacelwebpa e usa lists.html?state=all).

All employees have the responsibility to immediately report to ESS any observationsof endangered or threatened species of animals around electric generating facilitiesor associated structures. ESS personnel will report your observation to state and/orfederal wildlife officers.

3.3 FLORIDA

State-listed threatened and endangered species and Species of Special Concernlisted in Florida (http:/lwww.floridaconservation.orqlpubslendanger.htmifnume)are forwarded protection status under state regulations to ensure conservation ofthe species. Protection measures are species-specific.

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AUTHORIZED COPY3.4 GEORGIA

Species of Special Concern listed in Georgia(http:/lwww.dnr.state.ga.us/dnrlwild/naturallspan.htm) are forwarded protectionstatus under state regulations to ensure conservation of the species. Protectionmeasures are species specific.

3.5 NORTH CAROLINA

State-listed threatened and endangered species and Species of Special Concernlisted in North Carolina (http://www.ncaqr.com/plantind/planticonserv/cons.htm[site for plants]) are forwarded protection status under state regulations to ensureconservation of the species. Protection measures are species specific.

A Memorandum of Understanding (MOU) has been signed between Progress EnergyCarolinas, Inc. and the NC Department of Environment, Health, and NaturalResources regarding the management of rare plants on the Company's power linerights-of-way. This MOU commits Progress Energy Carolinas, Inc. to thepreservation and protection of these sites.

In an effort to protect rare plants on Progress Energy Carolinas, Inc. lands, thefollowing responsibilities have been established:

* ESS personnel are responsible for identifying rare plant sites and forproviding information on these locations and associated managementpractices. ESS serves as the liaison with the North Carolina Natural HeritageProgram.

* Personnel from each Customer Services Region or Transmission Area areresponsible for installing, maintaining, and monitoring stakes and signs at thesites.

* Construction and maintenance personnel, including contractors, areresponsible for familiarizing themselves with any identified rare plant sites intheir work area and the management practices which have been designed toavoid harming these areas (see Appendix A for lists of rare plants onProgress Energy Carolinas, Inc. rights-of-way and information onmanagement practices).

Failure to comply with the ESA -can result in substantial penalties: Civil penalties canbe as high as twenty-five thousand dollars ($25,000) per violation and criminalpenalties can go up to fifty thousand dollars ($50,000) andlor one year in jail. Thereis a citizen suit provision in the ESA that allows environmental groups or individualsto sue for violations of the Act, and the ESA contains a "bounty hunter" provision thatallows the government to pay rewards to any person who furnishes informationleading to an arrest, penalty, or loss of property. Both Progress Energy Carolinas,Inc. and its contractors may be held accountable and individual Company employeescan be held personally responsible.

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3.6 SOUTH CAROLINA

State-listed threatened and endangered species and Species of Special Concernlisted in South Carolina are forwarded protection status under state regulations toensure conservation of the species. Protection measures are species specific.

4.0 PERMITS & CERTIFICATIONS

4.1 COMPANY

N/A

4.2 FEDERAL

N/A

4.3 FLORIDA

ESS in Florida holds a permit issued annually by the Fish and Wildlife ConservationCommission for the capture, tagging, and relocation of sea turtles. ESS isresponsible for obtaining this permit and compliance with the permit conditions.

The Crystal River Nuclear Plant in Florida has an 'incidental take statement"issued by the National Marine Fisheries Service which authorizes the capture andrelocation of sea turtles. The Crystal River Nuclear Plant is responsible forcompliance with the provisions of the incidental take statement.

4.4 GEORGIA

N/A

4.5 NORTH CAROLINA

The Brunswick Nuclear Plant in North Carolina holds a permit issued annually by theNorth Carolina Wildlife Resources Commission for the capture, tagging, andrelocation of sea turtles from the Brunswick Nuclear Plant's intake canal. TheBrunswick Nuclear Plant is responsible for obtaining this permit and compliance withthe permit conditions.

The Brunswick Nuclear Plant in North Carolina has an "incidental take statement"issued by the National Marine Fisheries Service which authorizes the capture andrelocation of sea turtles. The Brunswick Nuclear Plant is responsible for compliancewith the provisions of the incidental take statement.

4.6 SOUTH CAROLINA

N/A

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AUTHORIZED COPY5.0 TRAINING REQUIREMENTS

5.1 COMPANY

None required

5.2 FEDERAL

None required

5.3 FLORIDA

None required

5.4 GEORGIA

None required

5.5 NORTH CAROLINA

None required

5.6 SOUTH CAROLINA

None required

6.0 RECORD KEEPING REQUIREMENTS

6.1 COMPANY

NIA

6.2 FEDERAL

Crystal River Nuclear Plant maintains records of incidental takes of sea turtles andreports annually to National Marine Fisheries.

6.3 FLORIDA

Each sea turtle stranding occurrence is reported to the state by ESS.

6.4 GEORGIA

N/A

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AUTHORIZED COPY6.5 NORTH CAROLINA

Brunswick Nuclear Plant maintains records of incidental takes of sea turtles andprovides an annual report to NCWRC.

6.6 SOUTH CAROLINA

N/A

7.0 SELF-ASSESSMENTS

Self-assessment form Environmental Self-assessment Program Other Items ComplianceChecklist (FRM-SUBS-00063) addresses Endangered and Threatened Species.

8.0 REFERENCES

8.1 COMPANY

None

8.2 FEDERAL

Federal Legislation: ' Endangered Species Act of 1973Endangered Species Act Amendments of 1978, 1979,and 1982

Federal Regulation:. 50 Code of Federal Regulations, Parts 17, 402, and 424.

8.3 FLORIDA

Florida Legislative: Administrative Code, Rule 39

8.4 GEORGIA

Georgia Regulation: Administrative Code, Chapter 391

8.5 NORTH CAROLINA

North Carolina Regulation: Administrative Code, Title 15A.

8.6 SOUTH CAROLINA

South Carolina Regulation: Endangered Species Act (South Carolina Code of LawsTitle 50, Chapter 15)

APPENDIX A: MANAGEMENT OF RARE PLANT SITES ON PROGRESS ENERGY POWERLINE RIGHTS OF WAY

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MANAGEMENT OF RARE PLANT SITES ON PROGRESS ENERGY POWER LINERIGHTS-OF-WAY

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RARE PLANT SITES ON PROGRESS ENERGY.POWER LINE RIGHTS-OF-WAY

1. Brunswick County - Transmission Line

Rough-leaved loosestrife (Lysimachia asperulaefolia), a federally-listed endangeredspecies, is protected at this site. This perennial herb grows in upland bogs.

2. Craven County - Transmission Line (Federal lands, Croatan National Forest)

This site supports an exemplary savanna with many insectivorous and showy speciesincluding the yellow fringeless orchid (Habenaria integra), a species threatened in NorthCarolina.

3. Franklin County - Distribution Line

Michaux's sumac (Rhus michauxii), a federally-listed endangered species and one of therarest shrubs in the eastern U.S., is protected at this site.

4. Granville Count -Transmission Line (Federal lands, U.S. Department of Agriculture)

The Granville County site supports a unique plant community with approximately nine rareplant species. One of these nine species is Smooth Coneflower (Echinacea laevigata), afederally-listed endangered species. This site is the largest known population of this plant.

5. Hoke County - Distribution Line - Site One (Federal lands, Fort Bragg)

Rough-leaved loosestrife (Lysimachia asperulaefolia), a federally-listed endangeredspecies, is protected at this site. This perennial herb grows in upland bogs.

6. Moore County- Distribution Line

-Bog spicebush (Lindera subcoriacea), a very rare federal candidate species (acandidate species is one that has been proposed for listing under the Federal EndangeredSpecies Act), is protected at this site.

7. Moore County - Transmission Line - Site One

The Moore County site supports a savanna-like area with several showy species includinga rare lily (Lilium sp.) which may be an entirely new species.

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8. Nash County - Distribution Line

The Nash County site supports the largest of only six populations of Carolina least trillium(Trillium pusillum var. pusillum), a species listed as endangered in North Carolina. Thisperennial herb grows in moist woods. Progress Energy Carolinas, Inc. donated $60,000toward this site's preservation.

9. Onslow Countv - Transmission Line (Federal lands, Camp Lejeune)

Rough-leaved loosestrife (Lysimachia asperulifolia), a federally-listed endangeredspecies, Is protected at this site. This perennial herb grows in upland bogs.

10. Onslow Countv - Transmission Line

The Onslow County site supports one of only twelve populations of Cooley's meadowrue(Thafictrum cooleyi), a federally-listed endangered species. This perennial herb grows inmoist bogs and savannas. A newly identified species of sedge, with only five knownlocations, also grows here.

11. Wake Countv- Distribution Line

Michaux's sumac (Rhus michauxit), a federally-listed endangered species and one of therarest shrubs in the eastern U.S., is protected at this site.

12. Randolph County -Distribution Line

Schweinitz's Sunflower (Helianthus schweinitzi), a federally-listed endangered species.Grows in open areas on poor soils including pastures, usually in upland areas on gentleslopes frequently in association with asters and other sunflowers. It blooms in Septemberto October.

13 Moore County - Transmission Line - Site Two

Sandhills bog lily (new species) (Lilium sp. nov.), an unnamed species of lily that will be alikely candidate for endangered species status. It is extremely rare and the largestpopulations appear to be under Progress Energy Carolinas, Inc. power lines. It grows inopen streamhead seepage bogs.

14. Richmond County-Transmission Line

Sandhills bog lily (new species) (Lilium sp. nov.), an unnamed species of lily that will be alikely candidate for endangered species status. It is extremely rare and the largestpopulations appear to be under Progress Energy Carolinas, Inc. power lines. It grows inopen streamhead seepage bogs.

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15 Cumberland County - Transmission Line

Rough-leaf loosestrife (Lysimachia asperulifolia), a federally listed endangered speciesis protected at this site. It grows in upland bogs and without the managed mowing andopenness of the site, the population would decline.

16. Harnett Count -Transmission Line

Rough-leaf loosestrife (Lysimachia asperulifolia), a federally listed endangered species,and Carolina Grass-of-Parnassus (Pamassia caroliniana), a federal species of concern,are protected at this site.

17. Hoke County - Distribution Line - Site Two

Sandhills bog lily (new species) (Lilium sp. nov.), an unnamed species of lily that Will be alikely candidate for endangered species status. It is extremely rare and the largestpopulations appear to be under Progress Energy Carolina, Inc. power lines. It grows inopen streamhead seepage bogs.

Caution: Most of these sites-particularly the wet boggy areas-that contain rare plants can nottolerate extensive foot traffic, heavy equipment, or compacted soils. Therefore equipment inthese areas is not recommended even during the non-growing season when plants are dormant,which for posting purposes is defined as after October 31 and before April 1 each year. Handcutting is recommended. Further, if possible, approach the posted areas from the edge of theright-of-way to avoid creating paths in the area and further compacting the soils. No herbicides*are to be used in the posted areas. Contractors and company workers need to be fully apprisedof the exact location of these plants.

Some of the plants are quite showy and to discourage poaching and collecting of these plants, donot reveal their location to those that do not need to know.. Likewise, you should not organize

.show and tell" field trips for school groups, citizen groups, or the media.

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BEST MANAGEMENT PRACTICES FOR RARE PLANTS

Learn about the rare plant sites in your work area. Progress Energy's construction andmaintenance crews, both Company and contract, must be aware of the sites in their particulararea.

Appropriate personnel from each Customer Services Region or Transmission Area areresponsible for installing, maintaining, and monitoring stakes and signs at the right-of-waysites where rare plants have been Identified. Each rare plant site must be delineated withwhite-topped metal stakes and marked with signs. The signs, available from the ProgressEnergy warehouse, state:

SENSITIVE HABITAT AREAUSE CAUTIONNO MOWING BETWEEN APRIL 1 AND OCTOBER 31NO HERBICIDESProgress Energy Carolinas, Inc.

The 6-foot metal stakes, unpainted, are available from the Warehouse (Part Number 306-449-00).They must be painted in the field. These sites are managed cooperatively with the North CarolinaNatural Heritage Program and, in some Instances, with the N.C. Department of Transportation(NCDOT) and/or the landowner. The NCDOT uses white topped stakes to delineate their An6mowing- areas. You should be especially sensitive to other signs on or near the power line right-of-way that refer to rare or endangered species. Contact ESS if you have questions about any ofthese signs.

Research any permits and their special conditions that apply to the work you are doing.Review your files on each line to find these permits. Your local files may not contain all theappropriate information, so you should contact your engineering staff for more information.

Rare and endangered plants require special protection from mowing, herbicideapplications, and other disturbances during their reproductive stages. In all situations,including outages and other emergencies (no grading, creating ruts, etc.) in the rare plant site. Itis this ground disturbance that can alter.drainage and subsequently.alter.the habitat. When youcome to an area that is soft or wet, try to find another way to access the site, use mats, or workthe site by hand.

You should schedule construction, regular maintenance, or other activities during the latefall through the early spring at these sites. All maintenance and construction work planned forthese areas must take place in late fall through early spring to avoid the growing and reproductiveseason for these rare plants. Any work orders or descriptions of work that may include these sitesshould include a description and location of the site and specifically instruct the contract orcompany crew to avoid that area between April 1 and October 31.

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It is unlawful to take or impact an endangered species on federal property. If work needs totake place on federal property where there is a rare plant, then the appropriate personnel must becontacted before proceeding. Refer to EVC-SUBS-00030, Environmental Organization andContacts, for ESS personnel and their phone numbers or contact your Environmental Coordinator.They will have to call upon a state biologist, a U.S. Fish and Wildlife Service representative,.and/or the local person responsible for endangered species on those Federal lands before youproceed with your work.

The following BMPs apply to rare plant sites that are not on federal lands:

Operational or maintenance situations must be assessed as to the urgency and severity ofthe problem. You should contact appropriate personnel (ESS, Environmental Coordinator,and/or Contract Administrator) before proceeding and impacting the site. They can helpyou minimize your impact to the rare plant by suggesting alternative methods or providing specificplant locations.

If there is an emergency and these contacts cannot be made, then the work must proceedwith caution. These emergencies include outages to critical customers such as hospitals, publicsafety facilities, etc., and situations where worker or public safety are jeopardized. In proceeding,you should attempt to avoid the rare plant site. If the site cannot be avoided, then you mustexercise caution to minimize any impact to the rare plant site by trying to find another way toaccess the site, using mats, or working the site by hand. As soon as possible after the incidentcontact ESS with a full report of actions taken. A state biologist, a U.S. Fish & Wildlife Servicerepresentative, and/or the local person responsible for endangered species will be contacted toreport the incident and discuss mitigation.

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