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Home My WebLink About20191352 Ver 1_08_T&E Review Pkg_201910044�p'�HT ❑r r 0 l'�pCN 3.,Sn United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27rr6�366-3726 Date: 81 20I GV 1 9 Self -Certification Letter Project Name Flex Buildings - TW Alexander Dear Applicant: u.a F -3RM s W ILD IFF iilsRviGfi 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. 4321.4347, 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 ❑I "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; "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.f\vs.gov/raleigh/pp.himl. If you have any questions, you can write to us at Raleighh,@fws.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 PROTECTED SPECIES ASSESSMENT > MPP-18020 creating experiences through experience 1 of 7 August 20, 2019 Raleigh Ecological Services Field Office U.S. Fish and Wildlife Service Via raleigh@fws.gov RE: Protected Species Assessment Flex Buildings – TW Alexander Durham, Durham County, NC To Whom it May Concern: McAdams conducted a protected species assessment for the proposed Flex Buildings – TW Alexander site in support of an anticipated application for a Section 404 Clean Water Act permit. The 51-acre site lies in the southwest quadrant of the intersection of TW Alexander Drive and South Miami Boulevard in Durham, North Carolina. The proposed project is a residential subdivision. Figure 1 depicts the location of the project study area on the US Geological Survey (USGS) Durham Southeast, NC 7.5-minute quadrangle topographic maps. Figure 2 shows the location of the project study area on the Web Soil Survey map. White Store sandy loam, 2 to 6 percent slopes map unit occupy much of the study area. The site consists mainly of mixed pine-hardwood forest, including the Stirrup Iron Creek Tributary B floodplain which crosses the property from the northwest corner to the property’s southeast corner. The existing site conditions are shown on the attached Aerial Map (Figure 3) and Jurisdictional and Jurisdictional and Isolated Water Delineation Map (Figure 4). On July 23, 2019, McAdams used the US Fish and Wildlife (USFWS) Information for Planning and Consultation (IPaC) website to obtain a list of threatened and endangered species that may occur in the proposed project location and/or may be affected by the proposed project. This process generates an Official Species List that is summarized in Table 1. No critical habitat was identified within one mile of the project area. A list of natural heritage resources was obtained from the NC Natural Heritage Program (NCNHP) on July 23, 2019. No managed area records are documented within one mile of the project area, as depicted in the attached annotated Natural Heritage Map. No rare species element occurrence was documented within one mile of the project area. One natural area (Stirrup Iron Creek Marsh and Sloughs) is documented within one mile of the project study area. Information regarding the appearance and habitat for each species identified were compiled. McAdams staff routinely visits the NC Botanical Garden to observe protected plant species identified on Official Species Lists during different stages of their life cycle including into senescence. Before beginning a field survey for the protected plant species that may occur within the project study area, McAdams staff visited the North Carolina Botanical Gardens to visit populations of Michaux’s sumac and smooth coneflower to help establish the most appropriate search image PROTECTED SPECIES ASSESSMENT > MPP-18020 creating experiences through experience 2 of 7 for these species. McAdams staff evaluated the site for potential protected species habitat on April 4, 2019 and July 19, 2019. Photographs taken during the field evaluations are provided in Appendix A. Descriptions of protected species and their habitats and biological opinions for each species are provided below. Table 1. Federally Protected Species for the Project Study Area (8/6/2019) Scientific Name Common Name Federal Status Amphibians Necturus lewisi Neuse River Waterdog Proposed Threatened Clams Fusconaia masoni Atlantic Pigtoe Proposed Threatened Alasmidonta heterodon Dwarf Wedgemussel Endangered Fishes Noturus furiosus Carolina Madtom Proposed Endangered Flowering Plants Rhus michauxii Michaux’s Sumac Endangered Echinacea laevigata Smooth Coneflower Endangered Neuse River Waterdog (Necturus lewisi) – Proposed Threatened Biological Opinion: No effect Description: “The Neuse River waterdog (Necturus lewisi) is a permanently aquatic salamander. It can grow up to 11 inches long. It has a reddish brown body with an irregular pattern of large blue or black spots. The waterdog has a laterally compressed tail the same coloration as the body; however, the belly is typically a dull brown or gray color with spots similar to those seen elsewhere on the body. Adult Neuse River Waterdogs have elongated heads with squared-off noses, cylindrical trunks, and tails that are laterally compressed and ridged. Three dark-red, bushy gills project from either side of the head and a dark line runs through the eye. The skin is smooth, slimy and a light rusty brown color, with the belly being a paler brown or grayish. There are dark brown or blackish spots throughout the surface that are smaller on the underside. The limbs are rather small, and the front and hind feet have four toes each (unlike most salamanders, which have five toes on each back foot).” (USFWS 2019) Habitat: “The Neuse River waterdog specific habitat characteristics include low to moderate gradient streams and low current velocity. It is a fully aquatic salamander, never leaving the water. It lacks lungs, getting oxygen from the water via external gills and needs clean, flowing water with high dissolved oxygen concentrations. The species dwells in streams wider than 15 meters but has been found in smaller creeks. “The species thrives in cold water, and is much more active in colder seasons and when water is near-freezing. Researchers have documented activity decreasing after the water temperature rises above 18ºC. waterdogs spend about 85% of the time under large granite rocks or in burrows. In early spring they move into leaf beds over mud banks on the low-energy sides of riffles and where leaves were intact or only slightly decomposed and many small critters are in the leaf litter.” (USFWS 2019) PROTECTED SPECIES ASSESSMENT > MPP-18020 creating experiences through experience 3 of 7 The project area lacks large, swift-flowing headwater streams and thus does not contain suitable habitat for the Neuse River waterdog. Atlantic Pigtoe (Fusconaia masoni) – Proposed Threatened Biological Opinion: No effect “Appearance: The shell of the Atlantic pigtoe is a chunky, rhombus shape, like that of a pig’s hoof/toe. There is a distinct posterior ridge. The outer surface of the shell is yellow to dark brown and parchment-like, while the inner layer is iridescent blue to salmon, white, or orange. Although larger specimens exist, the Atlantic pigtoe rarely exceeds 2 inches in length. Young individuals may have greenish rays across the entire shell surface. When collected fresh, the interior surface (nacre) in the shell tends to be salmon colored and sometimes iridescent. Atlantic pigtoe has interlocking hinge “teeth” on the inside of the shell to help keep the two valves in proper alignment.” (USFWS 2018) “Habitat: The preferred habitat of the Atlantic pigtoe is coarse sand and gravel, and rarely in silt and detritus. Historically, the best populations existed in small creeks to larger rivers with excellent water quality, where flows were sufficient to maintain clean, silt-free substrates.” (USFWS 2018) The project area lacks medium to large, swift-flowing perennial streams and thus does not contain suitable habitat for the Atlantic pigtoe. Dwarf Wedgemussel (Alasmidonta heterodon) – Endangered Biological Opinion: No effect “Description: The dwarf wedgemussel is a small bivalve, rarely exceeding 45 mm in length. Clean young shells are usually greenish-brown with green rays. As the animal ages, the shell color becomes obscured by diatoms or mineral deposits and appears black or brown. The shell is thin but does thicken somewhat with age, especially toward the anterior end. The anterior end is rounded while the posterior end is angular forming a point near the posterio- ventral margin. The ventral margin is only slightly curved. The nacre is bluish-white, appearing whiter in the thicker anterior end. The most distinctive shell character of the dwarf wedgemussel is the arrangement of the lateral teeth. There are two lateral teeth in the right valve and one in the left valve. The typical arrangement for most freshwater mussel species consists of two lateral teeth in the left valve and one in the right valve. The incurrent and excurrent apertures and their associated papillae are usually white. The foot and other organs are also white. Maximum age for the dwarf wedgemussel is around twelve years. The species is a bradytictic breeder, meaning that females become gravid in the early fall and glochidia are released by mid-spring. The tessellated darter (Etheostoma olmstedi), johnny darter (Etheostoma nigrum), and mottled sulpin (Cottus bairdi) have been identified as hosts for the dwarf wedgemussel. An anadromous fish may also serve as a host species but this has not been documented for the dwarf wedgemussel in the southern portion of its range. “Habitat: The dwarf wedgemussel appears to be a generalist in terms of its preference for stream size, substrate and flow conditions – it inhabits small streams less than five meters wide to large rivers more than 100 meters wide; it is found in a variety of substrate types including clay, sand, gravel and pebble, and sometimes in silt depositional areas near banks; and it usually inhabits hydrologically stable areas, including very shallow water along streambanks and PROTECTED SPECIES ASSESSMENT > MPP-18020 creating experiences through experience 4 of 7 under root mats, but it has also been found at depths of 25 feet in the Connecticut River. Dwarf wedgemussels are often patchily distributed in rivers.” (USFWS 2017) The project area lacks perennial streams with highly stable banks and extensive root systems holding soils in place and thus does not contain suitable habitat for the dwarf wedgemussel. Carolina Madtom (Noturus furiosus) – Proposed Endangered Biological Opinion: No effect Description: “The Carolina madtom is a small catfish, reaching a maximum length of nearly five inches. When compared to other madtoms, the Carolina madtom has a short, chunky body and a distinct color pattern. Three dark saddles along its back connect a wide, black stripe along its side extending from its snout to the base of its tail. The adipose fin has a dark blotch that does not quite reach the fin’s edge, giving the impression of a fourth saddle. Yellowish to tan blotches space the saddles, while the rest of the fish is tan. The belly is un-speckled, and the tail has crescent-shaped brown bands near its edge and center. Its pectoral spines have well-defined serrated (saw-like) projections along both margins. Stinging spines in its pectoral fins, earn this fish the “furiosus” title that is part of its scientific name.” (USFWS 2019) Habitat: “The species occurs in riffles, runs, and pools in medium to large streams and rivers. Ideally, it inhabits fresh waters with continuous, year-round flow and moderate gradient in both the Piedmont and Coastal Plain physiographic regions. Optimal substrate for the Carolina madtom is predominantly silt-free, stable, gravel and cobble bottom habitat, and it must have cover for nest sites, including under rocks, bark, relic mussel shells, and even cans and bottles.” (USFWS 2019) The project area lacks medium to large, swift-flowing perennial streams and thus does not contain suitable habitat for the Carolina madtom. Michaux’s Sumac (Rhus michauxii) – Endangered Biological Opinion: May affect, not likely to adversely affect “Description: Michaux's sumac is a rhizomatous, densely hairy shrub, with erect stems from one to three feet in height. The compound leaves contain evenly serrated, oblong to lanceolate, acuminate leaflets. Most plants are unisexual; however, more recent observations have revealed plants with both male and female flowers on one plant. The flowers are small, borne in a terminal, erect, dense cluster, and colored greenish yellow to white. Flowering usually occurs from June to July, while the fruit, a red drupe, is produced through the months of August to October.” (USFWS 2017a) “Habitat: Michaux's sumac grows in sandy or rocky open woods in association with basic soils. Apparently, this plant survives best in areas where some form of disturbance has provided an open area” (USFWS 2017b). Although the USFWS website states that Michaux’s sumac grows in open woods in association with basic soils, the species recovery plan states that the species grows in “open woods on acidic soils with low cation exchange capacity” (USFWS 1993). PROTECTED SPECIES ASSESSMENT > MPP-18020 creating experiences through experience 5 of 7 Periodically mowed sanitary sewer easements within the project area contain suitable habitat for Michaux’s sumac. NCNHP data from July 2019 indicates no documented occurrences of Michaux’s sumac within one mile of the project study area. The optimal survey window for this species is May to October. McAdams staff conducted a field survey of the suitable habitat as described above during the optimal survey window for this species and did not observe Michaux’s sumac within the area of suitable habitat. Smooth Coneflower (Echinacea laevigata) – Endangered Biological Opinion: May affect, not likely to adversely affect “Description: Smooth coneflower is a perennial herb in the Aster family (Asteraceae) that grows up to 3.3 feet tall from a vertical root stock. The large elliptical to broadly lanceolate basal leaves may reach eight inches in length and three inches in width and taper into long petioles toward the base. They are smooth to slightly rough in texture. The stems are smooth, with few leaves. The mid-stem leaves are smaller than the basal leaves and have shorter petioles. Flower heads are usually solitary. The rays of the flowers (petal-like structures) are light pink to purplish in color, usually drooping, and 2 to 3.2 inches long. Flowering occurs from late May through mid-July and fruits develop from late June to September. The fruiting structures often persist through the fall. Reproduction is accomplished both sexually (by seed) and asexually (by rhizome). “Habitat: Smooth coneflower is typically found in open woods, glades, cedar barrens, roadsides, clearcuts, dry limestone bluffs, and power line rights-of-way, usually on magnesium and calcium rich soils associated with amphibolite, dolomite or limestone (in Virginia), gabbro (in North Carolina and Virginia), diabase (in North Carolina and South Carolina), and marble (in South Carolina and Georgia). Smooth coneflower occurs in plant communities that have been described as xeric hardpan forests, diabase glades or dolomite woodlands. Optimal sites are characterized by abundant sunlight and little competition in the herbaceous layer. Natural fires, as well as large herbivores, historically influenced the vegetation in this species' range. Many of the herbs associated with Smooth coneflower are also sun-loving species that depend on periodic disturbances to reduce the shade and competition of woody plants.” (USFWS 2017b) Periodically mowed sanitary sewer easements within the project area contain suitable habitat for smooth coneflower. NCNHP data from July 2019 indicates no documented occurrences of smooth coneflower within one mile of the project study area. The optimal survey window for this species is late May to October. McAdams staff conducted a field survey of the suitable habitat as described above during the optimal survey window for this species and did not observe smooth coneflower within the area of suitable habitat. Northern Long-eared Bat (Myotis septentrionalis) – Threatened Biological Opinion: No Effect “Appearance: The northern long-eared bat is a medium-sized bat with a body length of 3 to 3.7 inches but a wingspan of 9 to 10 inches. Their fur color can be medium to dark brown on the back and tawny to pale-brown on the underside. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis.” PROTECTED SPECIES ASSESSMENT > MPP-18020 creating experiences through experience 6 of 7 “Winter Habitat: Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They use areas in various sized caves or mines with constant temperatures, high humidity, and no air currents. Within hibernacula, surveyors find them hibernating most often in small crevices or cracks, often with only the nose and ears visible.” “Summer Habitat: During the summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities or in crevices of both live trees and snags (dead trees). Males and non-reproductive females may also roost in cooler places, like caves and mines. Northern long-eared bats seem to be flexible in selecting roosts, choosing roost trees based on suitability to retain bark or provide cavities or crevices. This bat has also been found rarely roosting in structures, like barns and sheds.” (USFWS SE Region 2018) NLEB is not listed on the USFWS Durham County species list. Conclusions The project area contains suitable habitat for Michaux’s sumac and smooth coneflower. A biological opinion of “may affect, not likely to adversely affect” was determined for these two species because no individuals were observed during a field survey conducted within the optimal survey windows for these species. A biological opinion of “no effect” was determined for the Neuse River waterdog, Carolina madtom, Atlantic pigtoe and dwarf wedgemussel based on a lack of suitable habitat within the project area. We request your review and comments on this protected species assessment. Sincerely, MCADAMS Kelly Roth Environmental Consultant II, Water Resources Attachments: Figure 1. USGS Map Figure 2. Soil Survey Map Figure 3. Aerial Map Figure 4. Delineation Map USFWS Official Species List (7/23/2019) NCNHP Site Information (7/23/2019) Appendix A. Habitat Photographs Species Conclusions Table PROTECTED SPECIES ASSESSMENT > MPP-18020 creating experiences through experience 7 of 7 Literature Cited U.S. Fish and Wildlife Service. 2018. “Northern Long-Eared Bat Fact Sheet.” Northern Long-Eared Bat | Species Information, 12 Mar. 2018, www.fws.gov/midwest/endangered/mammals/nleb/nlebFactSheet.html. U.S. Fish and Wildlife Service/Southeast Region. 2019. Neuse River Waterdog | Species Profile, https://www.fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/. U.S. Fish and Wildlife Service/Southeast Region. 2018. Atlantic Pigtoe | Species Profile, https://www.fws.gov/southeast/wildlife/mussels/atlantic-pigtoe/. U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017. Dwarf wedgemussel | Species Information, https://www.fws.gov/raleigh/species/es_dwarf_wedgemussel.html. U.S. Fish and Wildlife Service/Southeast Region. 2019. Carolina Madtom | Species Profile, https://www.fws.gov/southeast/wildlife/fishes/carolina-madtom/. U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017(a). Michaux’s Sumac | Species Information, www.fws.gov/raleigh/species/es_michauxs_sumac.html. U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017(b). Smooth Coneflower | Species Information, www.fws.gov/raleigh/species/es_smooth_coneflower.html. 0 2,0001,000 Feet1 inch = 2,000 feet $ FIGURE 1. USGS TOPOGRAPHIC MAPFLEX BUILDINGS - TW ALEXAND ERDURHAM, DURHAM COUNTY, NC NOTES:1. USGS; 7.5 MINUTE, QUAD, DURHAM SE, NORTH CAR OLINA; 20162. LAT: 35.921868, LONG: -78.850071 11/6/2018 burdetteMPP-18020DATE:JOB NO:DRAWN BY: X:\Projects\MPP\MPP-18020\Storm\Wetlands\GIS\MPP18020_Figure 1 USGS.mxd, 11/6/2018 2:39:06 PM, burdette PR OJECT AREA 1VERSION: 0 1,320660Feet1 inch = 1,320 feet $ FIGURE 2. NRCS SOIL SURVEYFLEX BUILDINGS - TW ALEXAND ERDURHAM, DURHAM COUNTY, NC NOTES:1. NRCS; SOIL SURVEY SH EET 32 AN D 36, DURHAM COUNTY, NC2. LAT: 35.921868, LONG: -78.850071 X:\Projects\MPP\MPP-18020\Storm\Wetlands\GIS\MPP18020_Figure 2 Soil Survey.mxd, 11/6/2018 3:07:40 PM, burdette PR OJECT AREA 11/6/2018 burdetteMPP-18020DATE:JOB NO:DRAWN BY: 1VERSION: MIAMI BLVDT W A L E X A N D E R D R STIRRUP CREEK DRWECK DR Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID , IGN, and the GIS User Community 0 200100Feet1 inch = 200 feet $ LEGEND Project Are a 2-ft C ontours Pa rce ls FIGURE 3. EXIST ING CONDITION SFLEX BUILDINGS - TW ALEXANDERDURHAM, DURHAM COUNTY, N ORTH CAR OLINA X:\Projects\MPP\MPP-18020\Storm\Wetlands\GIS\MPP18020_Figure 3 Aerial Map.mxd, 11/6/2018 3:20:33 PM, burdette 11/6/2018 burdette MPP-18020DATE:JOB NO:DRAWN BY: 1VERSION: Wetland H(+/- 0.044 AC ) Wetland J(+/- 0.016 AC ) Wetland F(+/- 0.129 AC ) Wetland D(+/- 0.035 AC ) Wetland C(+/- 0.002 AC ) Wetland B(+/- 0.010 AC ) Wetland A(+/- 0.001 AC ) End Stream A(continues off site) Start Stream C(+/- 165 LF) End Stream Cat Stream A End Stream Bat Stream A Start Stream B4(+/- 292 LF) Stop Stream B Stop Stream B Start Stream B3(+/- 366 LF) Start Stream B2(+/- 34 LF) Stop Stream B Start Stream B1at culvert(+/- 876 LF) Start Stream A2(+/- 1,154 LF) Stop Stream A Start Stream A1 at culvert(+/- 836 LF) Open Water A(+/- 0.275 AC ) Wetland E(+/- 8.276 AC ) Wetland G(+/- 0.798 AC ) 0 200100Feet1 inch = 200 feet $ LEGEND Stream 2-ft contours Ju risd ictio nal w etlan d 50-ft rip arian buffer Open water Proje ct Area FIGURE 4. VERIFIED PRELIMINARY JURISDICATIONAL DETERMINATION MAPFLEX BUILDINGS - TW ALEXANDERDURHAM, DURHAM COUNTY, NORTH CAROLINA(Verified by Ross Sullivan, USACE on May 1, 2019) X:\Projects\MPP\MPP-18020\Storm\Wetlands\GIS\MPP18020_Figure 4 PJD Map.mxd, 8/20/2019 11:51:11 AM, roth 8/20/2019 rothMPP-18020DATE:JOB NO:DRAWN BY: 3VERSION: United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2019-SLI-1317 Event Code: 04EN2000-2019-E-02986 Project Name: Flex Buildings - TW Alexander Subject:Updated 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 July 23, 2019 07/23/2019 Event Code: 04EN2000-2019-E-02986 2 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 seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.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/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/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. 07/23/2019 Event Code: 04EN2000-2019-E-02986 3 Attachment(s): ▪Official Species List 07/23/2019 Event Code: 04EN2000-2019-E-02986 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 07/23/2019 Event Code: 04EN2000-2019-E-02986 2 Project Summary Consultation Code:04EN2000-2019-SLI-1317 Event Code:04EN2000-2019-E-02986 Project Name:Flex Buildings - TW Alexander Project Type:DEVELOPMENT Project Description:The proposed development includes industrial flex buildings with surface parking adequate to support the proposed building square footages (30-108,000sf). Buildings will be oriented with sufficient spacing and take into account internal vehicular circulation. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.91649908150006N78.84909511728938W Counties:Durham, NC 07/23/2019 Event Code: 04EN2000-2019-E-02986 3 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. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , 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. Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6772 Proposed Threatened Fishes NAME STATUS Carolina Madtom Noturus furiosus There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/528 Proposed Endangered Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5164 Proposed Threatened Dwarf Wedgemussel Alasmidonta heterodon No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/784 Endangered 1 07/23/2019 Event Code: 04EN2000-2019-E-02986 4 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Endangered Smooth Coneflower Echinacea laevigata No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3473 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. V loan Poy Cooper, Governor !r •NC DEPARTMENT OF ■nKmo NATURAL AND CULTURAL lZE50UPCE5 Susi Flamiitan. Secretary ■ REG Walter Clark, Director, Land and Water Stewardship NCNHDE-9750 July 23, 2019 Alec Pierzga The John R. McAdams Company Inc. 2905 Meridian Pkwy Durham, NC 27713 RE. Flex Buildings - TW Alexander Revision, MPP -18020 Dear Alec Pierzga: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. 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 found within the project area or is 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: https://www.fws.gov/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. 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 Federally -listed species are 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.butlerWncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES ►21 W. JONES STREET. RALEIGH, NC 27603 - 1651 MAIL SERVICE CF-PJTER, RALEIGH. WC 27699 OFC 919.7075120 • FAX 913.707.4121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Flex Buildings - TW Alexander Revision Project No. MPP -18020 July 23, 2019 NCNHDE-9750 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific NameCommon Name W Element Accuracy Federal State Global State Group Observation 0 Occurrence Status Status Rank Rank 6- Date Rank i Natural 28456 Mesic Mixed Hardwood--- 1995 -Pre E 2 -High --- --- G3G4 S4 Community Forest (Piedmont Subtype) Natural 28457 Piedmont/Mountain --- 2010 E 3 -Medium --- --- G4? S4 Community Semipermanent Impoundment (Piedmont Marsh Subtype) Natural 30638 Piedmont/Mountain --- 2010 E 3 -Medium --- --- G4 S4 Community Semipermanent Impoundment (Shrub Subtype) Natural Areas Documented Within a One -mile Radius of the Project Area Site Name entational Rating _Collective Rating Stirrup Iron Creek Marsh and Sloughs R5 (General) C5 (General) 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 httr)s://ncnhde.natureserve.ora/content/hely). Data query generated on July 23, 2019; source: NCNHP, Q2 Apr 2019. 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 3 Powered by TCPDF (www.tcpdf.org) Page 3 of 3 PROTECTED SPECIES ASSESSMENT > MPP-18020 creating experiences through experience 1 of 2 Appendix A. Habitat Photographs Photo 1. Beaver pond along Stream A (4/4/2019) Photo 2. Channelized portion of Stream A upstream of beaver pond, facing upstream (4/4/2019) PROTECTED SPECIES ASSESSMENT > MPP-18020 creating experiences through experience 2 of 2 Photo 3. Stream A facing downstream toward beaver pond (4/4/2019) Species Conclusions Table Project Name: Flex Buildings – TW Alexander Date: 08/20/2019 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Neuse River Waterdog Necturus lewisi No suitable habitat present No effect Habitat assessment indicates no potential habitat present (large, swift-flowing headwater streams are absent from the project area) Carolina Madtom Noturus furiosus No suitable habitat present No effect Habitat assessment indicates no potential habitat present (medium to large, swift-flowing streams are absent from the project area) Atlantic Pigtoe Fusconaia masoni No suitable habitat present No effect Habitat assessment indicates no potential habitat present (medium to large, swift-flowing streams are absent from the project area) Dwarf Wedgemussel Alasmidonta heterodon No suitable habitat present No effect Habitat assessment indicates no potential habitat present (perennial streams with highly stable banks and extensive root systems holding soils in place are absent within the project area) Michaux’s Sumac Rhus michauxii Suitable habitat present, species not present May affect, not likely to adversely affect April 4 and July 19, 2019 survey by McAdams consultant indicates absence Smooth Coneflower Echinacea laevigata Suitable habitat present, species not present May affect, not likely to adversely affect April 4 and July 19, 2019 survey by McAdams consultant indicates absence Critical Habitat No critical habitat present No effect Bald Eagle Haliaeetus leucocephalus Unlikely to disturb nesting bald eagles No Eagle Act permit required No known nest within action area and not within 9 miles Northern Long-eared Bat Myotis septentrionalis Suitable habitat present No effect NLEB not listed for Durham County 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. _______________________________________________________________ 8/20/2019 Signature /Title Date