20201997 Ver 1_US FWS Letter 3-12-21_20210323

Via E-Mail

March 12, 2021

U.S. Fish & Wildlife Service
Asheville NC ES Field Office
160 Zillicoa Street
Asheville, NC 28801

Attention: Ms. Janet Mizzi, Field Supervisor

Re: Request for Information and Comment
Proposed Development
10695 Hambright Road
Huntersville, Mecklenburg County, North Carolina
H&H Job No. SVG-001

Dear Janet:

Hart & Hickman, PC (H&H) is requesting information concerning protected species and habitats
on or near the above-referenced site (hereafter referred to as the “Site”). This request is
submitted to satisfy property due diligence actions for land redevelopment, which could involve
wetlands permitting. The anticipated permitting actions will not involve the use of Federal
funds.

The Site consists of one parcel of land that totals approximately 23.14 acres of land
(Mecklenburg County Parcel Number 01740104) in Huntersville, Mecklenburg County, North
Carolina (Site or subject Site; see Figure 1). The Site parcel is located at 10695 Hambright
Road.

The subject Site is located in a residential and commercial area. The Site currently consists of
forested land on the western portion of the Site and a maintained, grassy area on the eastern
portion of the Site. A lawn area associated with the former residence is located on the
southwestern portion of the Site. The Site also includes one sewerline and one powerline rights-
of-way. A stream is located in the northeastern portion of the Site, and a wetland is located in
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the east-central portion of the Site. Surrounding properties include a commercial manufacturer
to the north, Mount Holly-Huntersville Road to the east with two commercial properties beyond,
Hambright Road to the south with residential and undeveloped land beyond, and undeveloped
land to the west. Representative Site photos are attached to this letter.

In order to investigate the potential presence of protected flora and fauna on the Site, H&H
completed the following activities:

• contacted the NC Wildlife Resources Commission (WRC) by a similar letter;
• reviewed the Federal Threatened and Endangered Species List for Mecklenburg County
in North Carolina on the U.S. Fish and Wildlife Service (US FWS) website
http://www.fws.gov/endangered/;
• reviewed the North Carolina Department of Environmental Quality (DEQ) Natural
Heritage Program on-line database for records of Federal Threatened and Endangered
species occurrences for Mecklenburg County on the DEQ website
https://ncnhde.natureserve.org/;
• reviewed the Federal Registry and the US FWS information pertaining to Federally-
Designated Critical Habitats at the US FWS website http://crithab.fws.gov; and
• conducted an on-Site visual survey in order to field screen the Site and peripheral areas
for federally protected species or their habitats.

NC WRC
H&H requested comment on the potential presence of protected flora and fauna on the Site from
the NC WRC by a similar letter. A response from NC WRC is pending.

Federal Threatened and Endangered Species
H&H reviewed the US FWS Federal Threatened and Endangered Species List for Mecklenburg
County, North Carolina which includes the following protected species:
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• Northern long-eared bat (Myotis septentrionalis) – Threatened with a 4(d) rule (historic)
• Carolina heelsplitter (Lasmigona decorata) – Endangered (current)
• Rusty-patched bumble bee (Bombus affinis) – Endangered (historic)
• Michaux’s sumac (Rhus michauxii) – Endangered (current)
• Schweinitz’s sunflower (Helianthus schweinitzii) – Endangered (current)
• Smooth coneflower (Echinacea laevigata) – Endangered (current)

North Carolina Department of Environmental Quality Natural Heritage Program (NHP)
H&H reviewed the North Carolina NHP on-line database for records of Federal Threatened and
Endangered species for Mecklenburg County, North Carolina which includes the following
protected species:

• Rusty-patched bumble bee (Bombus affinis) – Endangered (historic)
• Smooth coneflower (Echinacea laevigata) – Endangered (current)
• Schweinitz’s sunflower (Helianthus schweinitzii) – Endangered (current)
• Carolina heelsplitter (Lasmigona decorata) – Endangered (current)
• Michaux’s sumac (Rhus michauxii) – Endangered (current)

Critical Habitats
H&H reviewed federal registry information pertaining to Federally-Designated Threatened and
Endangered Species Critical Habitats for the aforementioned species on-line at the US FWS
critical habitats on-line mapper. No Federally-Designated Critical Habitats were identified in the
Site area.

Visual Survey
In November 2020, H&H conducted a visual survey of the Site. Areas of potential habitat for
Federally protected species were investigated on the subject Site. Photographs of the Site are
attached.
Ms. Janet Mizzi
March 12, 2021
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H&H did not observe evidence of the Northern long-eared bat (Myotis septentrionalis) or its
habitat. Although H&H observed undeveloped wooded areas on-Site, few intermediate and
mature growth trees are located within these areas, and the wooded areas are highly fragmented
and surrounded by urban development. H&H also observed sanitary sewer manholes in the
western portion of the Site that indicates that the Site may have been disturbed during the
installation of a sanitary sewer line. H&H did not observe caves on-Site, and therefore,
hibernaculum does not exist on-Site. H&H has determined that it is unlikely that the Northern
long-eared bat exists at the project Site.

H&H did not observe evidence of the Carolina heelsplitter (Lasmigona decorata) or its habitat
on the subject Site. Although H&H observed a perennial portion of an unnamed tributary of
Torrence Creek on-Site, the Carolina heelsplitter exists in clean, stable, and silt-free streams,
which was not observed within the unnamed tributary of Torrence Creek. Populations of the
Carolina heelsplitter have been reported to exist within Goose Creek and Waxhaw Creek in
North Carolina and within Gills Creek and Flat Creek in South Carolina. The project Site is not
located in nor is it hydraulically connected to Goose Creek, Waxhaw Creek, Gills Creek, or Flat
Creek. H&H has determined that the potential for the Carolina heelsplitter to be present at the
project Site is low.

H&H did not observe evidence of the Rusty-patched bumble bee (Bombus affinis) or its habitat
within the project Site. According to the US FWS and the North Carolina NHP on-line database,
the Rusty-patched bumble bee was historically present within Mecklenburg County. According
to the US FWS Rusty-patched bumble bee guidance on the endangered species act
implementation website, the Rusty-patched bumble bee has likely been extirpated from
Mecklenburg County. Therefore, H&H has determined that the potential for the Rusty-patched
bumble bee to be present at the project Site is low.

H&H did not observe evidence of Michaux’s sumac (Rhus michauxii), Schweinitz’s sunflower
(Helianthus schweinitzii), and Smooth coneflower (Echinacea laevigata), or their habitats on the
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subject Site. Michaux’s sumac and Schweinitz’s sunflower occur in areas of full to partial sun
and are often associated with periodic habitat disturbance, such as land clearing, fires, or grazing.
Smooth coneflower occurs in open wooded areas with abundant sunlight and is often associated
with areas of periodic disturbance to reduce the amount of competition in the herbaceous layer.
H&H evaluated the Site and did not identify occurrences of these species during the visual
survey. The forested area has a dense canopy and does not contain any areas with periodic
habitat disturbance. Furthermore, the herbaceous layer within the forested area is often
dominated by invasive English ivy (Hedera helix), which is known to out-grow and out-compete
native species. The field areas in the eastern and southern portion of the Site are mowed
regularly and are comprised of only grass species. The sewerline right-of-way located in the
western portion of the Site is dominated by a competitive woody understory which includes
goldenrod (Salidago altissima), field raspberry (Rubus argutus), sweetgum (Liquidambar
styraciflua) saplings, and eastern sea myrtle (Baccharis halimifolia). This competitive woody
understory would outcompete Michaux’s sumac and Schweinitz’s sunflower and, therefore, the
sewerline right-of-way is not suitable habitat. Due to the lack of observed species and the
presence of a competitive woody understory, H&H determined that suitable habitat does not
exist for these species.

During the survey, H&H did not observe evidence of federally listed species or their suitable
habitats on the Site.

Ms. Janet Mizzi
March 12, 2021
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Please review the above information and provide a written response as to the potential for this
project to affect protected species. If possible, please respond to this request within 30 days.

If you have any questions, please do not hesitate to contact us.

Sincerely,

Hart & Hickman, PC

Matt Bramblett, PE Julia McGuire
Principal Staff Environmental Scientist

Attachments

Copyright:© 2013 National Geographic Society, i-cubed
SITE LOCATION MAP
HUNTERSVILLE SPORTS VILLAGE
HUNTERSVILLE, NORTH CAROLINA
DATE: 12-7-20
JOB NO: SVG-001
REVISION NO: 0
FIGURE NO: 1
2923 South Tryon Street - Suite 100
Charlotte, North Carolina 28203
704-586-0007 (p) 704-586-0373 (f)
License # C-1269 / # C-245 Geology
TITLE
PROJECT
0 2,000 4,000
SCALE IN FEET
SITE
Path: S:\AAA-Master Projects\Sports Village Land Group - SVG\SVG-001\GIS\Figure-1_ArcMap_.mxdN
U.S.G.S. QUADRANGLE MAP
CORNELIUS, NORTH CAROLINA 2013
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
Photograph 1: Soils observed at TP-1.SVG-001HUNTERSVILLE SPORTS VILLAGE
HUNTERSVILLE, NORTH CAROLINA
Photograph 2: Soils observed at TP-2.
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
704.586.0007(p) 704.586.0373(f)
Photograph 3: Wetland Area ‘A’ as viewed from the east.SVG-001HUNTERSVILLE SPORTS VILLAGE
HUNTERSVILLE, NORTH CAROLINA
Photograph 4: Stream Channel ‘A’ –Intermittent as viewed from the east.
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
704.586.0007(p) 704.586.0373(f)
Photograph 5: Stream Channel ‘A’ –Perennial as viewed from the south.SVG-001HUNTERSVILLE SPORTS VILLAGE
HUNTERSVILLE, NORTH CAROLINA
Photograph 6: General view of upland areas on the Site.
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
704.586.0007(p) 704.586.0373(f)