HomeMy WebLinkAbout20210824_Endangered_Species_reportSoil & Environmental Consultants, PA
8412 Falls of Neuse Road. Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467
sandec.com
November 9, 2018
S&EC Project No.: 12632.W4
To: Hanson Aggregates Southeast, LLC
Attn: Jack Garvey
2101 Gateway Centre Boulevard, Suite 100,
Morrisville, NC 27560
Re: ENDANGERED SPECIES REPORT
Hanson Princeton Quarry & Additional Properties (+/- 775 acres)
Johnston County, NC
Dear Mr. Garvey:
In September & October 2018, Soil & Environmental Consultants, PA (S&EC) evaluated all properties
associated with the Princeton Quarry shown on the attached maps for potential endangered species.
These properties included those within the existing mining permit boundary, as well as properties owned
by Hanson north of the Little River, and the Holt-Lottman Farms properties west of Rains Mill Road,
totally approximately 775 acres. Here after referred to as the "project area".
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. The results of the search are discussed below.
Hanson Princeton - S&EC Endangered Species Report
Page 1 of 4
November 9, 2018
S&EC Project #12632.W4
RESULTS:
The FWS official species list identified the following species:
• Red -cockaded Woodpecker (Picoides borealis), Endangered
• Michaux's Sumac (Rhos michauxii), Endangered
• Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened
• Dwarf Wedgemussel (Alasmidonta heterodon), Endangered
• Tar River Spinymussel (Elliptio steinstansana), Endangered
• Yellow Lance (Elliptio lanceolata), Threatened
Of the species identified on the official species list, the NHP report only identified Atlantic Pigtoe
(Fusconaia masoni) within the project area or within 1 mile of the project area. This was from a
historical observation from June 12, 1983 (per the report). Other State listed species were found within
the project area as listed in the attached NHP report.
FRESHWATER BIVALVE SPECIES & LITTLE RIVER
Our surveys did not include a survey of the river for any of the freshwater bivalve species, as no direct
impacts to the river are proposed and appropriate mitigative measures are anticipated (e.g., protection of
50' Neuse River Buffer, as well as other stormwater BMPs, water quality measures and buffers required
under the mining permit). The smaller tributary streams within the project area did not appear to contain
suitable habitat. The FWS may request a survey of the river by experts, and/or may require additional
mitigative conditions.
Given the known, historic population of Atlantic Pigtoe and suitable habitat, we concluded that the
project "may affect" this species but would most likely not adversely affect the species if impacts to the
river are avoided and appropriate mitigation measures are incorporate into the project designs.
Given the lack of known populations of the other bivalve species, we concluded that the project would
"not likely adversely affect" these species.
Hanson Princeton - S&EC Endangered Species Report
Page 2 of 4
November 9, 2018
S&EC Project #12632.W4
RED -COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and
individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual
RCWs within the project area. The NHP report did not list any known elemental occurrence within the
project area. We found no ideal suitable habitat (e.g., Long Leaf pine forests) within the project area.
We did find marginally suitable habitat (loblolly pine stands and individual older pine trees) within the
project area. Given the lack of species present, but presence of marginally suitable habitat we
concluded that the project would "not likely adversely affect" RCWs.
MICHAUX'S SUMAC (Rhus michauxii) :
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux's sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux's Sumac species within the project area. The NHP report
did not list any known elemental occurrence within the project area. We found suitable habitat within
the project areas to include primarily disturb open areas along field edges. Other sumac species
identified on site included Winged sumac (Rhus copallinum). Given the lack of species present, but
presence of suitable habitat and other sumac species, we concluded that the project would "not likely
adversely affect" Michaux's sumac.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the
FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely to
adversely affect any federally -listed endangered or threatened species, their formally designated
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.
Hanson Princeton - S&EC Endangered Species Report
Page 3 of 4
November 9, 2018
S&EC Project #12632.W4
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Digitally signed by Bob Zarzecki
Bob Zarzecki DN: cn=Bob Zarzecki, o=S&EC, PA, ou=Wetlands
Department, email=bzarzecki@sandec.com, c=US
Date: 2018.11.0916:20,02 -05'00'
Bob Zarzecki
Wetlands Department Manager
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Vicinity Map
4. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. November 9, 2018.
5. NHP report re: Hanson Princeton Quarry & Additional Properties. November 9, 2018.
6. S&EC — FWS Species Conclusion Table. Updated & signed 11/9/18.
7. S&EC — FWS Self -Certification Letter. Signed 11/9/18.
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masoni). Version
1.2. March, 2017. Atlanta, GA.
Hanson Princeton — S&EC Endangered Species Report
Page 4 of 4
Project Number:
12632.W7
Project Manager:
BZ
Scale: 1qv = 1250
Date:
11 /912018
0
Map Title:
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United States Department of the Interior
A FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office F
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 8564520 Fax: (919) 856-4556
In Reply Refer To:
Consultation Code: 04EN2000-2019-SLI-0131
Event Code: 04EN2000-2019-E-00286
November 09, 2018
Project Name: HANSON PRINCETON QUARRY & ADDITIONAL PROPERTIES
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
11/09/2018 Event Code: 04EN2000-2019-E-00286
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 seg.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fivs.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/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws. og v/mi rg atorybirds/CurrentBirdlssues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at john_ellis@fws.gov.
11/09/2018 Event Code: 04EN2000-2019-E-00286
Attachment(s):
■ Official Species List
• 11/09/2018 Event Code: 04EN2000-2019-E-00286
1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
(919) 856-4520
11/09/2018 Event Code: 04EN2000-2019-E-00286 2
Project Summary
Consultation Code: 04EN2000-2019-SLI-0131
Event Code: 04EN2000-2019-E-00286
Project Name: HANSON PRINCETON QUARRY & ADDITIONAL PROPERTIES
Project Type: MINING
Project Description: Existing quarry and surrounding areas. Potential mining permit
expansion.
Project Location:
Approximate location of the project can be viewed in Google Maps: htt sue://
www,google.com/maps/place/35.477144706984745N78.14319724825842 W
Counties: Johnston, NC
11/0912018
Event Code: 04EN2000-2019-E-00286
Endangered Species Act Species
There is a total of 6 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.
1PaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, 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 Endangered
No critical habitat has been designated for this species.
Species profile: htWs://ecos.fws. ov/ecp/species/7614
Clams
NAME STATUS
Atlantic Pigtoe Fusconaia masoni Proposed
No critical habitat has been designated for this species. Threatened
Species profile: hHps://ccos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon Endangered
No critical habitat has been designated for this species.
Species profile: htMs://ecos.fws. og v/ecp/species/784
Tar River Spinymussel Elliptio steinstansana Endangered
No critical habitat has been designated for this species.
Species profile: h!Ws://ecos.fws. og v/ecp/species/1392
Yellow Lance Elliptio lanceolata Threatened
No critical habitat has been designated for this species.
Species profile: h_pt s://ecos.fws. og v/ecp/species/4511
1110912018 Event Code: 04EN2000-2019-E-00286
Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile: hops://ecos.fws.gov/ecp/species/5217
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
SOpN Roy Cooper, Governor
111ONLE NC DEPARTMENT OF Susi Hamilton. Secretary
11001111111 NATURAL AND CULTURAL RESOURCES
Nowns Walter Clark. Director, Land and Water Stewardship
N CN H DE-7494
November 9, 2018
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Hanson Princeton Quarry & Additional Properties
Dear Robert Zarzecki
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached 'Documented Occurrences' tables and map.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httos://www.fws.00v/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water
Management Trust Fund easement, or an occurrence of a Federally -listed species is documented
near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodnev butler(a)ncdcr.00v or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Hanson Princeton Quarry & Additional
Properties
November 9, 2018
NCNHDE-7494
Element Occurrences Documented
Within Project Area
Taxonomic EO ID
Scientific Name
Common Name
Last Element Accuracy Federal
State
Global
Stat(
Group
Observation Occurrence
Status
Status
Rank
Ran4
Date
Rank
Amphibian 19065
Necturus lewisi
Neuse River Waterdog
2016-03-04
AB 3-Medium ---
Special
G2
S2
Concern
Freshwater 14419
Elliptio roanokensis
Roanoke Slabshell
2011-05-20
E 3-Medium ---
Special
G3
S3
Bivalve
Concern
Freshwater 31093
Fusconaia masoni
Atlantic Pigtoe
1983-07-12
H? 3-Medium ---
Endangered
G2
S3
Bivalve
Freshwater 8479
Lampsilis radiata
Eastern Lampmussel
2011-05-22
E 3-Medjum ---
Threatened
G5
S3
Bivalve
Freshwater 13596
Strophitus undulatus
Creeper
2011-07-27
E 3-Medium ---
Threatened
G5
S3
Bivalve
Freshwater Fish36876
Notropis chalybaeus
Ironcolor Shiner
2005-08-04
E 3-Medium ---
Significantly
G4
S2Se
Rare
Freshwater Fish3858
Noturus furiosus
Carolina Madtom
2005-07-18
E 3-Medium ---
Threatened
G2
S2
Freshwater or 38007
Lioplax subcarinata
Ridged Lioplax
1983-07-12
H? 3-Medium ---
Special
G4G5
S3
Terrestrial
Concern
Gastropod
Natural Areas Documented Within Project Area
Site Name
Representational Rating
Collective Rating
j
NEU/Little River (Franklin/Wake/Johnston/
Wayne)
R2 (Very High)
C2 (Very High)
Aquatic Habitat
No Managed Areas Documented within the Project Area
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.nature=_erve.ora/content/help. Data query generated on November 9, 2018: source: NCNHP, 04
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 5
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Hanson Princeton Quarry & Additional Properties
November 9, 2018
NCNHDE-7494
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID
Scientific Name
Common Name
Last
Element Accuracy Federal
State
Global
StatE
Group
Observation
Occurrence Status
Status
Rank
RanH
Date
Rank
Amphibian 19065
Necturus lewisi
Neuse River Waterdog
2016-03-04
AB
3-Medium ---
Special
G2
S2
Concern
Dragonfly or 33753
Somatochlora
Coppery Emerald
2004-Pre
H?
5-Very ---
Significantly
G3G4
S2?
Damselfly
georgiana
Low
Rare
Freshwater 14419
Elliptio roanokensis
Roanoke Slabshell
2011-05-20
E
3-Medium ---
Special
G3
S3
Bivalve
Concern
Freshwater 31093
Fusconaia masoni
Atlantic Pigtoe
1983-07-12
H?
3-Medium ---
Endangered
G2
S3
Bivalve
Freshwater 8479
Lampsilis radiata
Eastern Lampmussel
2011-05-22
E
3-Medium ---
Threatened
G5
S3
Bivalve
Freshwater 13596
Strophitus undulatus
Creeper
2011-07-27
E
3-Medium ---
Threatened
G5
S3
Bivalve
Freshwater Fish36876
Notropis chalybaeus
Ironcolor Shiner
2005-08-04
E
3-Medium ---
Significantly
G4
S2S:
Rare
Freshwater Fish3858
Noturus furiosus
Carolina Madtom
2005-07-18
E
3-Medium ---
Threatened
G2
S2
Freshwater or 38007
Lioplax subcarinata
Ridged Lioplax
1983-07-12
H?
3-Medium ---
Special
G4G5
S3
Terrestrial
Concern
Gastropod
Natural Areas Documented
Within a One -mile Radius of the Project Area
Site Name
Representational Rating
Collective Rating
NEU/Little River (Franklin/Wake/Johnston/
Wayne) R2 (Very High)
C2 (Very High)
Aquatic Habitat
No Managed Areas are Documented Within a One -mile Radius of the Project Area
Definitions and an explanation of status designations and codes can be found at httos,//ncnhde.natureserve.org/content/`help. Data query generated on November 9. 2018: source: NCNHP, 04
Page 3 of 5
NCNHDE-7494: Hanson Princeton Quarry & Additional Properties
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Page 5 of 5
Species Conclusions Table
Project Name: Hanson Princeton Quart' & Additional Properties
Date: November 9, 2018
Species / Resource Name
Conclusion
ESA Section 7 / Eagle Act
Notes / Documentation
Determination
Picoides borealis
Suitable habitat present,
Not likely to adversely affect
9-12-2018 survey conducted by S&EC staff
(Red -cockaded Woodpecker)
species not present
Fusconaia masoni
Species (proposed)
May affect.
No survey conducted; See NHP report;
(Atlantic Pigtoe)
present
historical, last observation 1983.
Alasmidonta heterodon
Suitable habitat present,
Not likely to adversely affect
No survey conducted
(Dwarf Wedgemussel)
species not present.
E1liptio steinstansana
Suitable habitat present,
Not likely to adversely affect
No survey conducted
(Tar River Spinymussel)
species not present.
Elliptio lanceolate
Suitable habitat present,
Not likely to adversely affect
No survey conducted
(Yellow Lance)
species not present.
Rhus michauxii
Suitable habitat present,
Not likely to adversely affect
9-12-2018 survey conducted by S&EC staff
(Michaux's sumac)
species not present
Nlyotis septentrionalls
Suitable habitat present,
Not likely to adversely affect
No survey conducted
(Northern long-eared bat)
species not present.
Haliseetus leucocephalus
Unlikely to disturb nesting
No Eagle Act Permit Required
No nest within action area
(Bald Eagle)
bald eagles.
Critical habitat
No critical habitat present
No effect
Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an
informed decision about impacts in the immediate and surrounding areas.
Digitally signed by Bob Zarzecki
Bob Zarzecki DN: cn=Bob Zarzecki, o=5&EC, PA, ou=Wetlands
Department, email=bzarzecki@sandec.com, c=US
Date: 2018.11.091536:55-05'00'
Signature /Title Date
{T OFVAL
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
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Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: November 9, 2018
Self -Certification Letter
Project Name Hanson Princeton Quarry & Additional Properties
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. 43214347, 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
171 "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;
0 "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 Raleigh6Dfws.gov 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