Fenton-FWS Species List.pdf

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
'0-9CH 3k$5 Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh,NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: January 04, 2024
Project Code: 2024-0032773
Project Name: Fenton
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 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.). If your project area
contains suitable habitat for any of the federally-listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species'presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
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 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 IPaC system by completing the same process used to receive the enclosed 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

01/04/2024 2
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts)that are major 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)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
https://www.fws.gov/sites/default/files/documents/endangered-species-consultation-
handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act(ESA), 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 U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-
we-do.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project-related stressors or minimize the exposure of birds and
their resources to the project-related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.

01/04/2024 3
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 Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
■ USFWS National Wildlife Refuges and Fish Hatcheries
• Bald & Golden Eagles
■ Migratory Birds
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
[phone]

01/04/2024 4
PROJECT SUMMARY
Project Code: 2024-0032773
Project Name: Fenton
Project Type: Mixed-Use Construction
Project Description: Existing mixed-use development in Cary, NC
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)35.7813193,-78,75674031189962,14z
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ENDANGERED SPECIES ACT SPECIES
There is a total of 9 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.
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.
MAMMALS
NAME STATUS
Tricolored Bat Perimyotis sub flavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile:https://ecos.fws.gov/ecp/species/10515
BIRDS
NAME STATUS
Red-cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/7614
AMPHIBIANS
NAME STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species.Your location does not overlap the critical habitat.
Species profile:https:Hecos.fws.gov/ecp/species/6772
FISHES
NAME STATUS
Carolina Madtom Noturus furiosus Endangered
There is final critical habitat for this species.Your location does not overlap the critical habitat.
Species profile:https://ecos.fws.gov/ecp/species/528

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CLAMS
NAME STATUS
Atlantic Pigtoe Fusconaia masoni Threatened
There is final critical habitat for this species.Your location does not overlap the critical habitat.
Species profile:https://ecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/784
Green Floater Lasmigona subviridis Proposed
There is proposed critical habitat for this species.Your location does not overlap the critical Threatened
habitat.
Species profile:https:Hecos.fws.gov/ecp/species/7541
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
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/5217
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.

01/04/2024 7
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act1 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
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 Treated of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
There are bald and/or golden eagles in your project area.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE
SUMMARY below to see when these birds are most likely to be present and breeding in your
project area.
NAME BREEDING SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern(BCC)in this area,but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain
types of development or activities.
https://ecos.fws.gov/ecp/species/1626
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret
this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season ( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)

01/04/2024 8
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
■probability of presence breeding season survey effort —no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I
Non-BCC
Vulnerable
Additional information can be found using the following links:
■ Eagle Management https://www.fws.gov/program/eagle-management
■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librarr�/
collections/avoiding-and-minimizing-incidental-take-migratory
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-
project-action
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 habitats 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)
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE

01/04/2024 9
SUMMARY below to see when these birds are most likely to be present and breeding in your
project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern(BCC)in this area,but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
htWs:Hecos.fws.gov/ecp/species/1626
Black-billed Cuckoo Coccyzus erythropthalmus Breeds May 15
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Oct 10
and Alaska.
https:Hecos.fws.gov/ecp/species/9399
Cerulean Warbler Dendroica cerulea Breeds Apr 28
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Jul 20
and Alaska.
https:Hecos.fws.gov/ecp/species/2974
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 25
and Alaska.
https://ecos.fws.gov/ecp/species/9406
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 20
and Alaska.
htWs:Hecos.fws.gov/ecp/species/9443
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Jul 31
and Alaska.
https:Hecos.fws.gov/ecp/species/9513
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA Jul 31
and Alaska.
https:Hecos.fws.gov/ecp/species/9439
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Sep 10
and Alaska.
htWs:Hecos.fws.gov/ecp/species/9398
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions elsewhere
(SCRs)in the continental USA
htWs:Hecos.fws.gov/ecp/species/9478

01/04/2024 10
BREEDING
NAME SEASON
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 31
and Alaska.
https://ecos.fws.gov/ecp/species/9431
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret
this report.
Probability of Presence (0)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season ( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
probability of presence breeding season I survey effort —no data
SPECIES JAN FEB l lMlAlRl APPRii MAY JUN JUL
1AyUGl SI EP lOCCTll NOV DECBald Eagl
Non-BCCe FT T *TTT �TTT � I *TTT TT�T �F I I• .4.4 **** T**■
Vulnerable
Black-billed ++++ ++-4 4* -44+ 111 91111++ ++++ ++11 lit+ ttt+ ttt+
Cuckoo
BCC Rangewide
(CON)
Cerulean Warbler BCC Rangewide TTTT I I I I I I I +++ to W+ ++++ ++++ ++++ ++++ ++++ ++++ ++++
(CON)

01/04/2024 11
Chimney Swift BCC Rangewide +ttt ++++ +1 ji jill Jill Jill Jill Jill 1111 list ++++ ++++
(CON)
Kentucky Warbler -4-4 -44 +�++ _4 I t t I,jj ��
BCC Rangewide +1 IF +++t t+tt ttt+ +ttt tt++
(CON) yy ii
Prairie Warbler
BCC Rangewide -4-4 -4-4 +�+T 4# T I I * L*t
�T�� 00+0 sm TT++ ++Ty
+ ++++
(CON) — --
Prothonotary Warbler I I I I-4-4 +�+T *+ +T+I Jill ++T+ ++++ ++++ ++++ ++++
BCC Rangewide
(CON) i iy i
Red-headed
Woodpecker
BCC Rangewide
(CON)
Rusty Blackbird .44
4 1111 T�T+ 1 -4 4* ++++ ++++ ++++ ++++ ++TT TTTT TTT+
BCC-BCR I I T I ITT T T
Wood Thrush BCC Rangewide TTTT I I I I -4-44* o I TT I I I � 44 gill 10T j T+TT OT++ ++++ ++++
(CON) MMM—
Additional information can be found using the following links:
■ Eagle Management https://www.fws.gov/program/eagle-management
■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librarr�/
collections/avoiding-and-minimizing-incidental-take-migratory
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/suPplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-
project-action

01/04/2024 12
IPAC USER CONTACT INFORMATION
Agency: Natural Resource Consultants, LLC
Name: Alec Pierzga
Address: 308 W Millbrook Road
Address Line 2: Ste D # 200
City: Raleigh
State: NC
Zip: 27609
Email [e-mail]
Phone: [phone]