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HomeMy WebLinkAbout20241002_TE_Rpt_4.16.24 ® AP11©U� P I L ❑ T E N V I R ❑ N M E N T A L , I N C April 16, 2024 Mr. Joseph Keller 5830 Wright Road Kannapolis, NC 28081 Reference: Preliminary Threatened and Endangered Species Review Approximate 27-Acre Tract Wright Road Kannapolis, Rowan County, North Carolina Pilot Project 1591.6 Dear Mr. Keller: Pilot Environmental, Inc. (Pilot) is pleased to submit this Preliminary Threatened and Endangered Species Review for the approximate 27-acre tract located north of Wright Road in Kannapolis, Rowan County, North Carolina. A U.S. Geological Survey (USGS) Topographic Map (Drawing 1) and an aerial photograph (Drawing 2) showing the site boundary are included as attachments. Background Congress passed the Endangered Species Act (ESA) in 1973. The purpose of the ESA is to protect and recover imperiled species and the ecosystems upon which they depend. It is administered by the U.S. Fish and Wildlife Service (USFWS) and the Commerce Department's National Marine Fisheries Service (NMFS). The USFWS has primary responsibility for terrestrial and freshwater organisms, while the responsibilities of the Commerce Departments NMFS are mainly marine wildlife. Under the ESA, federally protected species may be listed as either endangered or threatened. "Endangered" means a species is in danger of extinction throughout all or a significant portion of its range. "Threatened" means a species is likely to become endangered within the foreseeable future. All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened. For the purposes of the ESA, Congress defined species to include subspecies, varieties, and, for vertebrates, distinct population segments. The North Carolina Endangered Species Act (G.S. Chapter 113, Article 25) prohibits the taking of state listed species. "North Carolina Endangered" means any native or once native species whose existence is a viable component of the State's fauna is determined by the Wildlife Resource Commission to be in jeopardy. "North Carolina Threatened" means any native or once native species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. The North Carolina Endangered Species Act is administered by the North Carolina Wildlife Resources Commission (NCWRC). PO Box 128, Kernersville, NC 27285 www.pilotenviro.com Preliminary Threatened and Endangered Species Review Pilot Project 1591.6 April 16,2024 Scope of Services Pilot was contracted to perform a Preliminary Threatened and Endangered Species Review for the approximate 27-acre tract located north of Wright Road in Kannapolis, Rowan County, North Carolina. The site is identified by the Rowan County Geographical Information System (GIS) as a portion of parcel number 24913001. The site is being evaluated for proposed use as a mine. The purpose of the Preliminary Threatened and Endangered Species Review is to identify the potential impact to federal and state protected species. The scope of services included a field reconnaissance and a review of available literature to make a preliminary determination of affect to federal/state protected species. Consultation with the USFWS or NCWRC is outside the scope of these services. Site Reconnaissance Pilot personnel completed the site reconnaissance on April 12, 2024. Structures are not located on the site. The site consists of predominately maintained grassed fields and limited areas of immature wooded land. A utility easement and associated overhead high tension powerlines crosses the western portion of the site. The easement and fields contain maintained grasses dominated by fescue rye and bermuda grasses, common dogfennel, broomsedge, dandelion, broad leaf plantain, Korean lespedeza, various foxtail species, johnson grass and Japanese stilt grass. Limited areas of wooded land are located on the southeastern portion of the site. The wooded area consists of immature mixed hardwood/pines estimated to be less than 3 inches diameter at breast height. The area is dominated by loblolly pine, red maple, sweet gum, eastern red cedar, tree of heaven and winged elm. The mid and understories are densely vegetated with similar sapling species to those found in the overstory, Japanese honeysuckle, Japanese stilt grass and common greenbrier. An existing stream crossing is located on the southern portion of the site. It is our understanding that impacts to streams and wetlands will not occur as a result of the proposed project. Federally Listed Threatened and Endangered Species Database and Literature Review The project location was entered into the USFWS Information for Planning and Conservation (IPaC) online mapping system to obtain a resource list of federally protected species and designated or proposed critical habitat that may be affected by the project. The IPaC Resources Trust Report is included as an attachment. Additionally, Pilot reviewed the North Carolina Natural Heritage Program's Geographic Information System (GIS) natural resources data layer that includes the locations of documented 2 Preliminary Threatened and Endangered Species Review Pilot Project 1591.6 April 16,2024 known federal and state listed endangered and threatened species within the Hydrologic Unit Code, (HUC) 03040105 that contains the site for listed species located within two miles of the site (Drawings 4 and 5). The following federally and state protected species are identified: Common Name Scientific Name Federal Status State Status Tricolored Bat Perimyotis subflavus Proposed Endangered Endangered Schweinitz's Sunflower Helianthus schweinitziiIF Endangered Endangered Carolina Darter Etheostoma collis JE� N/A Special Concern Species/Habitat Description Tricolored bat (Perimyotis subflavus) Description: The tricolored bat is a small insectivorous bat that is distinguished by its unique tricolored fur and often appears yellowish to nearly orange. Habitat: During the winter, tricolored bats are often found in caves and abandoned mines, although in the southern United States, where caves are sparse, tricolored bats are often found roosting in road-associated culverts where they exhibit shorter torpor bouts and forage during warm nights. During the spring, summer, and fall, tricolored bats are found in forested habitats where they roost in trees, primarily among leaves of live or recently dead deciduous hardwood trees, but may also be found in Spanish moss, pine trees, and occasionally human structures. Conclusion: Hibernacula, caves, mines or culverts was not observed on the site. Immature trees that could afford low quality suitable summer roosting habitat are present on the southeastern portion of the site. Wooded land that could be considered similar and higher quality suitable habitat is located on adjoining and nearby properties. Based on our observations,we have made a determination that the proposed project is not likely to jeopardize the existence of the tri- colored bat. With the implementation of a seasonal tree clearing measure (avoid tree clearing from April 1—October 15), the proposed project is not likely to adversely affect the TCB, should it become a federally listed species prior to timber removal being completed at the site. If tricolored bat is formally listed prior to clearing, additional consultation with the USFWS, completion of a determination key if available or detailed surveys may be necessary to determine presence/absence and potential affect to TCB by the proposed project. Schweinitz's sunflower (Helianthus schweinitzii) Description: Schweinitz's sunflower is a perennial that regularly grows approximately 6.5 feet tall (though it can be shorter if young or injured) and can occasionally reach heights of 16 feet. It has 3 Preliminary Threatened and Endangered Species Review Pilot Project 1591.6 April 16,2024 thickened roots that are used by the plant to store starch. The stem is purplish in color, and the upper third bears secondary branches at 45-degree angles. The leaves are arranged in pairs on the lower part of the stem but usually occur singly (or alternate) on the upper parts. Leaves are attached to the stem at right angles, and the tips of the leaves tend to droop. The leaves are thick and stiff, with a rough upper surface. The upper leaf surfaces have broad spiny hairs that are directed toward the tip and soft white hairs cover the underside. The plant produces small yellow flowers from late August until frost. This species is able to colonize through the dispersal of seeds that readily germinate without a dormant period. Habitat: Schweinitz's sunflower occurs in full to partial sun and is found in areas with poor soils, such as thin clays that vary from wet to dry. It is believed that this species once occurred in natural forest openings or grasslands. Many of the remaining populations occur along roadsides. Conclusions: The site does not contain potential suitable habitat for Schweinitz's sunflower. Additionally, known populations are not documented within 2-miles of the site. Therefore, we have made a determination of no effect for this species. Carolina Darter (Etheostoma collis) Description: Carolina Darters reach a length of 60 mm (2.4 in.). The fish has a small head and mouth with a highly arched, incomplete lateral line. The brown-spotted sides are marked with a median dark stripe that breaks into blotches on the peduncle. A primary basicaudal spot has two spots of lesser intensity above and below. Breeding males do not develop bright colors but may have breeding tubercles on the pelvic fin spine and rays as well as on all anal fin rays. Habitat: The Carolina Darter inhabits small- to moderate-sized streams in areas of low current velocity. Habitat substrates preferred bythis species are usually characterized by mud, sand, and sometimes bedrock. This darter seems to be tolerant of fine sediments covering the substrate it inhabits Conclusion: The site does not contain suitable habitat for the Carolina Darter. Therefore, we have made a determination of no effect for this species. Conclusions and Opinions This Preliminary Threatened and Endangered Species Review has revealed that it is not likely for the proposed development of the site to impact federally listed threatened/endangered species. If additional information concerning federally listed threatened/endangered species becomes available that makes a material difference in our findings and conclusions, Pilot reserves the right to review applicable information that could alter the conclusions and opinions found within this report. Additional assessment is not recommended at this time. 4 Preliminary Threatened and Endangered Species Review Pilot Project 1591.6 April 16,2024 Closing We appreciate the opportunity to provide our services to you. Please contact us at (336) 310- 4527 if you have questions or require additional information. Sincerely, Catherine L. Carston Bradley S. Luckey, PWS Project Manager Senior Project Manager Attachments: Drawing 1— USGS Topographic Map Drawing 2—Aerial Photograph Drawing 3—Wetland Map Drawing 4— Federal Threatened & Endangered Species Map Drawing 5— North Carolina Threatened & Endangered Species Map IPaC Report 5 71 ? y E�tochviIIe ��•, � � 1. .. �' �_��t `• ROW- 70 - f LEGEND Site Boundary Drawing 1 USGS Topographic Map USGS Topographic Map Wright Road Enochville and Kannapolis, �``:a' .• `•' Approximate 27-Acre Tract NC Quadrangles - Kannapolis, Rowan County, NC Scale: 1" = 2,000' POT IHV�R OMMLNfAL.INC Pilot Project 1591.6 f y. F LEGEND Site Boundary . 2022 Aerial Photograph Drawing 2 Wright Road ESRI Satellite Imagery ` Approximate 27 PI -Acre Tract Scale: 1" = 600' - r Kannapolis, Rowan County, NC PILOT LNf�ROMMLNfSL.INC Pilot Project 1591.6 -14 Ac I _ five PO4krft + U i -Yv Y -- * 'x #f .� Rusty-Patched Bumble Bee 10, ' 4r 4 - r - r f 1 IF •r: till f + r- 4 y ' - aL J ? 1}II * LEGEND C Bald Eagle Site Boundary - r L { _ - - --■ 2-mile Radius T&E Federal Species Drawing 3 Federal Threatened & NC Natural Heritage Program's Endangered Species T&E Species Data Layer ` Wright Road _ r National Geographic Society PI Al Approximate 27-Acre Tract Topographic Map PILOT LNfIROMMLNfAL.INC Kannapolis, Rowan County, NC 1" = 5,200' Pilot Project 1591.6 I tr' . � •`fir�4 44' .:�k +r�i1��f.��•`i_—?'i��-�� �� ,:. � 1 � r oft I 7T 40 .00 r Carolina Darter �' 4 � I Northern Cup-Plant I 4* x do AWN&,'. 3 LEGEND —' Site Boundary Carolina Birdfoot-trefoil - --■ 2-mile Radius T&E State Species _.. ff'�"- Drawing 4 North Carolina ' Yid' .'`�� Threatened & Endangered Species NC Natural Heritage Programs ,4� �;�. .,:r;�,��:,. , T&E Species Data Layer, f Wright Road National Geographic Society PI .�► Approximate 27-Acre Tract Topographic Map PILOT LN�fIROMMLNfAL.INc Kannapolis, Rowan County, NC Scale: 1" = 3,500' Pilot Project 1591.6 pfr pax F7:#i4 uPe NEFm IrE United States Department of the Interior FISH AND WILDLIFE SERVICE '0-9CH 3k$5 Asheville Ecological Services Field Office 160 Zillicoa Street, Suite B Asheville,NC 28801-1082 Phone: (828)258-3939 Fax: (828)258-5330 In Reply Refer To: 04/11/2024 21:25:11 UTC Project Code: 2024-0076166 Project Name: Wright Road Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed 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.). Please note that new species information can change your official species list. 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. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project.A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act(42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other Project code: 2024-0076166 04/11/2024 21:25:11 UTC activities that are caused by the proposed action.A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BABE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws.gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat maybe affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at-risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project- related impacts.Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries ■ Bald & Golden Eagles • Migratory Birds ■ Wetlands 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 2 of 8 Project code: 2024-0076166 04/11/2024 21:25:11 UTC 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: Asheville Ecological Services Field Office 160 Zillicoa Street, Suite B Asheville, NC 28801-1082 (828) 258-3939 3 of 8 Project code: 2024-0076166 04/11/2024 21:25:11 UTC PROJECT SUMMARY Project Code: 2024-0076166 Project Name: Wright Road Project Type: Mine Closure Project Description: Proposed BW Pit Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)35.5182897,-80.68017570400204,14z r r_ k Credf' �f LY Counties: Rowan County, North Carolina 4 of 8 Project code: 2024-0076166 04/11/2024 21:25:11 UTC ENDANGERED SPECIES ACT SPECIES There is a total of 3 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. Note that 1 of these species should be considered only under certain conditions. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, 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. 5 of 8 Project code: 2024-0076166 04/11/2024 21:25:11 UTC MAMMALS NAME STATUS Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered This species only needs to be considered under the following conditions: • This species only needs to be considered if the project includes wind turbine operations. Species profile:https:Hecos.fws.gov/ecp/species/10515 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/3849 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S)MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Actl and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider 6 of 8 Project code: 2024-0076166 04/11/2024 21:25:11 UTC implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treaty Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) THERE ARE NO BALD AND GOLDEN EAGLES WITHIN THE VICINITY OF YOUR PROJECT AREA. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Acti and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats3 should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) THERE ARE NO FWS MIGRATORY BIRDS OF CONCERN WITHIN THE VICINITY OF YOUR PROJECT AREA. WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S.Army Corps of Engineers District. Please note that the NWI data being shown may be out of date.We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE ■ R2UBH ■ R4SBC 7 of 8 Project code: 2024-0076166 04/11/2024 21:25:11 UTC IPAC USER CONTACT INFORMATION Agency: Pilot Environmental, Inc. Name: Catherine Carston Address: PO Box 128 City: Kernersville State: NC Zip: 27285 Email ccarston@pilotenviro.com Phone: 3363104527 8 of 8