ML050660071
| ML050660071 | |
| Person / Time | |
|---|---|
| Site: | Brunswick  |
| Issue date: | 10/15/2002 |
| From: | - No Known Affiliation |
| To: | Emch R NRC/NRR/DRIP/RLEP |
| Emch R, NRR/DRIP/RLEP, 415-1590 | |
| References | |
| EVC-SUBS-00011, Rev 0 | |
| Download: ML050660071 (14) | |
Text
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-AL AUTHORIZED COP Document Wte Endangered and Threatened Species Document number EVC-SUBS-00011 Applies 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 4.6 SOUTH CAROLINA
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AUTHORIZED COPY 5.0 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 8.6 SOUTH CAROLINA
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AUTHORIZED COPY APPENDIX A: Management of Rare Plants on Progress Energy Line Rights-of-Way..........................
10 FORMS l FRM-SUBS-00063 I Environmental Self-assessment Program Other Items Compliance.
II Checklist I
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0 AN AUTHORIZED COPY
1.0 BACKGROUND
This document is intended to provide guidance for compliance with Environmental Regulations. These regulations apply to any activity on lands and rights-of-way and adjacent 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 the habitat of an endangered or threatened species in a manner that may affect its ability to reproduce, to obtain food, or to have shelter. The following are some examples of such activities:
Mowing and other maintenance operations on Progress Energy rights-of-way that kill, Injure, or alter habitat for endangered or threatened plant populations living in the rights-of-way.
Cutting a red-cockaded woodpecker cavity tree while removing danger trees along a transmission right-of-way.
Creating a disturbance (i.e., operating a chain saw, bulldozer, line truck, or other equipment) in the vicinity of a bald eagle nest or a red-cockaded woodpecker nest cavity.
Discharging oil, chemicals, or sediments into a stream that kill, injure, or alter the habitat 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 conflict between the corporate and NGG or site procedure is believed to exist, it should be brought to the attention of supervision for resolution. If appropriate, a Condition Report should be written 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 any part, 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 significant portion of its range.
Plant -
Any member of the plant kingdom, including seeds, roots, and other parts thereof.
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AUTHORIZED COPY Take -
The Endangered Species Act prohibits the taking of any species listed on the Federal Endangered 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 it illegal to possess, sell, deliver, carry, transport, or ship by any means whatsoever, any species 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 the foreseeable 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 of endangered or threatened species early in the planning and design phases of any proposed new construction project or operational change affecting Company lands and rights-of-way and adjacent waters. The Environmental Services Section (ESS) should be contacted to conduct biological surveys of any proposed new construction site. Surveys may need to be conducted during the entire growing season to ensure there are no endangered plants present. The surveys may require up to a year to complete.
All employees must follow all conservation guidelines for the protection of the Federally-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 observations of endangered or threatened species of animals around electric generating facilities or associated structures. ESS personnel will report your observation to state and/or federal wildlife officers.
3.3 FLORIDA State-listed threatened and endangered species and Species of Special Concern listed in Florida (http:/lwww.floridaconservation.orqlpubslendanger.htmifnume) are forwarded protection status under state regulations to ensure conservation of the species. Protection measures are species-specific.
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AUTHORIZED COPY 3.4 GEORGIA Species of Special Concern listed in Georgia (http:/lwww.dnr.state.ga.us/dnrlwild/naturallspan.htm) are forwarded protection status under state regulations to ensure conservation of the species. Protection measures are species specific.
3.5 NORTH CAROLINA State-listed threatened and endangered species and Species of Special Concern listed in North Carolina (http://www.ncaqr.com/plantind/planticonserv/cons.htm
[site for plants]) are forwarded protection status under state regulations to ensure conservation of the species. Protection measures are species specific.
A Memorandum of Understanding (MOU) has been signed between Progress Energy Carolinas, Inc. and the NC Department of Environment, Health, and Natural Resources regarding the management of rare plants on the Company's power line rights-of-way. This MOU commits Progress Energy Carolinas, Inc. to the preservation and protection of these sites.
In an effort to protect rare plants on Progress Energy Carolinas, Inc. lands, the following responsibilities have been established:
ESS personnel are responsible for identifying rare plant sites and for providing information on these locations and associated management practices. ESS serves as the liaison with the North Carolina Natural Heritage Program.
Personnel from each Customer Services Region or Transmission Area are responsible for installing, maintaining, and monitoring stakes and signs at the sites.
Construction and maintenance personnel, including contractors, are responsible for familiarizing themselves with any identified rare plant sites in their work area and the management practices which have been designed to avoid harming these areas (see Appendix A for lists of rare plants on Progress Energy Carolinas, Inc. rights-of-way and information on management practices).
Failure to comply with the ESA -can result in substantial penalties: Civil penalties can be as high as twenty-five thousand dollars ($25,000) per violation and criminal penalties can go up to fifty thousand dollars ($50,000) andlor one year in jail. There is a citizen suit provision in the ESA that allows environmental groups or individuals to sue for violations of the Act, and the ESA contains a "bounty hunter" provision that allows the government to pay rewards to any person who furnishes information leading to an arrest, penalty, or loss of property. Both Progress Energy Carolinas, Inc. and its contractors may be held accountable and individual Company employees can be held personally responsible.
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AUTHORIZED COPY 3.6 SOUTH CAROLINA State-listed threatened and endangered species and Species of Special Concern listed in South Carolina are forwarded protection status under state regulations to ensure 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 Conservation Commission for the capture, tagging, and relocation of sea turtles. ESS is responsible 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 and relocation of sea turtles. The Crystal River Nuclear Plant is responsible for compliance 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 the North Carolina Wildlife Resources Commission for the capture, tagging, and relocation of sea turtles from the Brunswick Nuclear Plant's intake canal. The Brunswick Nuclear Plant is responsible for obtaining this permit and compliance with the 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 and relocation of sea turtles. The Brunswick Nuclear Plant is responsible for compliance with the provisions of the incidental take statement.
4.6 SOUTH CAROLINA N/A EVC-SUBS-0001 1 Rev. 0 (10/02)
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AUTHORIZED COPY 5.0 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 and reports 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 l EVC-SU8S-00011 l
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AUTHORIZED COPY 6.5 NORTH CAROLINA Brunswick Nuclear Plant maintains records of incidental takes of sea turtles and provides an annual report to NCWRC.
6.6 SOUTH CAROLINA N/A 7.0 SELF-ASSESSMENTS Self-assessment form Environmental Self-assessment Program Other Items Compliance Checklist (FRM-SUBS-00063) addresses Endangered and Threatened Species.
8.0 REFERENCES
8.1 COMPANY None 8.2 FEDERAL Federal Legislation:
Endangered Species Act of 1973 Endangered 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 Laws Title 50, Chapter 15)
APPENDIX A: MANAGEMENT OF RARE PLANT SITES ON PROGRESS ENERGY POWER LINE RIGHTS OF WAY EVC-SUBS-00011 Rev. 0 (10102)
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AUTHORIZED COPY APPENDIX A MANAGEMENT OF RARE PLANT SITES ON PROGRESS ENERGY POWER LINE RIGHTS-OF-WAY (Page 1 of 5)
RARE PLANT SITES ON PROGRESS ENERGY.POWER LINE RIGHTS-OF-WAY
- 1.
Brunswick County - Transmission Line Rough-leaved loosestrife (Lysimachia asperulaefolia), a federally-listed endangered species, 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 species including the yellow fringeless orchid (Habenaria integra), a species threatened in North Carolina.
- 3.
Franklin County - Distribution Line Michaux's sumac (Rhus michauxii), a federally-listed endangered species and one of the rarest 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 rare plant species. One of these nine species is Smooth Coneflower (Echinacea laevigata), a federally-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 endangered species, 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 (a candidate species is one that has been proposed for listing under the Federal Endangered Species 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 including a rare lily (Lilium sp.) which may be an entirely new species.
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AUTHORIZED COPY APPENDIX A' MANAGEMENT OF RARE PLANT SITES ON PROGRESS ENERGY POWER LINE RIGHTS-OF-WAY (Page 2 of 5)
- 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. This perennial herb grows in moist woods. Progress Energy Carolinas, Inc. donated $60,000 toward this site's preservation.
- 9.
Onslow Countv - Transmission Line (Federal lands, Camp Lejeune)
Rough-leaved loosestrife (Lysimachia asperulifolia), a federally-listed endangered species, 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 in moist bogs and savannas. A newly identified species of sedge, with only five known locations, also grows here.
- 11.
Wake Countv-Distribution Line Michaux's sumac (Rhus michauxit), a federally-listed endangered species and one of the rarest 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 gentle slopes frequently in association with asters and other sunflowers. It blooms in September to October.
13 Moore County - Transmission Line - Site Two Sandhills bog lily (new species) (Lilium sp. nov.), an unnamed species of lily that will be a likely candidate for endangered species status. It is extremely rare and the largest populations appear to be under Progress Energy Carolinas, Inc. power lines. It grows in open streamhead seepage bogs.
- 14.
Richmond County-Transmission Line Sandhills bog lily (new species) (Lilium sp. nov.), an unnamed species of lily that will be a likely candidate for endangered species status. It is extremely rare and the largest populations appear to be under Progress Energy Carolinas, Inc. power lines. It grows in open streamhead seepage bogs.
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AUTHORIZED COPY APPENDIX A MANAGEMENT OF RARE PLANT SITES ON PROGRESS ENERGY POWER LINE RIGHTS-OF-WAY (Page 3 of 5) 15 Cumberland County - Transmission Line Rough-leaf loosestrife (Lysimachia asperulifolia), a federally listed endangered species is protected at this site. It grows in upland bogs and without the managed mowing and openness 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 a likely candidate for endangered species status. It is extremely rare and the largest populations appear to be under Progress Energy Carolina, Inc. power lines. It grows in open streamhead seepage bogs.
Caution: Most of these sites-particularly the wet boggy areas-that contain rare plants can not tolerate extensive foot traffic, heavy equipment, or compacted soils. Therefore equipment in these 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. Hand cutting is recommended. Further, if possible, approach the posted areas from the edge of the right-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 apprised of the exact location of these plants.
Some of the plants are quite showy and to discourage poaching and collecting of these plants, do not 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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AUTHORIZED COPY APPENDIX A MANAGEMENT OF RARE PLANT SITES ON PROGRESS ENERGY POWER LINE RIGHTS-OF-WAY (Page 4 of 5)
BEST MANAGEMENT PRACTICES FOR RARE PLANTS Learn about the rare plant sites in your work area. Progress Energy's construction and maintenance crews, both Company and contract, must be aware of the sites in their particular area.
Appropriate personnel from each Customer Services Region or Transmission Area are responsible for installing, maintaining, and monitoring stakes and signs at the right-of-way sites where rare plants have been Identified. Each rare plant site must be delineated with white-topped metal stakes and marked with signs. The signs, available from the Progress Energy warehouse, state:
SENSITIVE HABITAT AREA USE CAUTION NO MOWING BETWEEN APRIL 1 AND OCTOBER 31 NO HERBICIDES Progress 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 Carolina Natural 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 An6 mowing-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 of these 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 the appropriate information, so you should contact your engineering staff for more information.
Rare and endangered plants require special protection from mowing, herbicide applications, 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. It is this ground disturbance that can alter.drainage and subsequently.alter.the habitat. When you come to an area that is soft or wet, try to find another way to access the site, use mats, or work the site by hand.
You should schedule construction, regular maintenance, or other activities during the late fall through the early spring at these sites. All maintenance and construction work planned for these areas must take place in late fall through early spring to avoid the growing and reproductive season for these rare plants. Any work orders or descriptions of work that may include these sites should include a description and location of the site and specifically instruct the contract or company crew to avoid that area between April 1 and October 31.
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AUTHORIZED COPY APPENDIX A MANAGEMENT OF RARE PLANT SITES ON PROGRESS ENERGY POWER LINE RIGHTS-OF-WAY (Page 5 of 5)
It is unlawful to take or impact an endangered species on federal property. If work needs to take place on federal property where there is a rare plant, then the appropriate personnel must be contacted before proceeding. Refer to EVC-SUBS-00030, Environmental Organization and Contacts, 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 you proceed 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 of the problem. You should contact appropriate personnel (ESS, Environmental Coordinator, and/or Contract Administrator) before proceeding and impacting the site. They can help you minimize your impact to the rare plant by suggesting alternative methods or providing specific plant locations.
If there is an emergency and these contacts cannot be made, then the work must proceed with caution. These emergencies include outages to critical customers such as hospitals, public safety 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 must exercise caution to minimize any impact to the rare plant site by trying to find another way to access the site, using mats, or working the site by hand. As soon as possible after the incident contact ESS with a full report of actions taken. A state biologist, a U.S. Fish & Wildlife Service representative, and/or the local person responsible for endangered species will be contacted to report the incident and discuss mitigation.
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