20191125 Ver 1_00_MarvinRoadway_USFWS Concurrence Req_COMPLETE_20191014

Kimley»>Horn
September 26, 2019
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Re: Marvin Publix Off -Site Roadway
Waxhaw, Union County, North Carolina
T&E Species Survey Concurrence Request
Dear Mr. Hamstead,
On behalf of our client, Publix North Carolina, LP, Kimley-Horn (KH) is submitting this letter requesting
concurrence regarding the results of the pedestrian survey performed for the above -referenced
project in accordance with the methodologies recommended by USFWS. The pedestrian survey was
conducted by KH staff Chris Tinklenberg, PWS on September 26, 2019.
Background Information
The project area is the roadway right-of-way, extending from the intersection of New Town Road and
Providence Road South, in Waxhaw, Union County, North Carolina. The area evaluated for the
approximately 7-acre project site consists of roadway right-of-ways, undeveloped forested land, and
a maintained power transmission easement. Existing land use in the vicinity of the project includes,
residential neighborhoods, commercial development, and undeveloped forested/maintained
properties.
Publix North Carolina, LP , as required by the Village of Marvin and in coordination with NCDOT,
proposes to conduct intersection improvements at Providence Road (NC16) and New Town Road
in order to enhance traffic flow and traffic safety. In an effort to improve driver safety and add
capacity to enhance the flow of thoroughfare traffic, the project will add capacity by widening for
additional turn lanes, lengthening turn lanes, reconfigure land striping, and adjusted signal timing.
Authorization from the US Army Corps of Engineers (USACE) is required to conduct construction
activities within potentially jurisdictional waters of the U.S. to meet the needs of the project;
therefore, Publix North Carolina, LP contracted with KH to perform the pedestrian survey within areas
of potentially suitable habitat in the project area to identify and document occurrences of federally
listed threatened and/or endangered species.
Methodology and Findings
As of June 27, 2018, the United States Fish and Wildlife Service (USFWS) lists the Schweinitz's
sunflower (Helianthus schweinitzii) and Michaux's sumac (Rhus michauxii) as a federally endangered

Kimley>Morn Page 2
species in Union County. A brief description of this species' habitat requirements follows, along with
the Biological Conclusion rendered based on survey results in the study area. Habitat requirements
for this species are based on the current best available information from referenced literature and/or
USFWS.
Schweinitz's Sunflower
USFWS Optimal Survey Window: late August -October
Habitat Description: Schweinitz's sunflower, endemic to the Piedmont of North and South Carolina.
The few sites where this rhizomatous perennial herb occurs in relatively natural vegetation are found
in Xeric Hardpan Forests. The species is also found along roadside rights -of -way, maintained power
lines and other utility rights -of -way, edges of thickets and old pastures, clearings and edges of upland
oak -pine -hickory woods and Piedmont longleaf pine forests, and other sunny or semi -sunny habitats
where disturbances (e.g., mowing, clearing, grazing, blow -downs, storms, frequent fire) help create
open or partially open areas for sunlight. It is intolerant of full shade and excessive competition from
other vegetation. Schweinitz's sunflower occurs in a variety of soil series, including Badin, Cecil, Cid,
Enon, Gaston, Georgeville, Iredell, Mecklenburg, Misenheimer, Secrest, Tatum, Uwharrie, and Zion,
among others. It is generally found growing on shallow sandy soils with high gravel content; shallow,
poor, clayey hardpans; or shallow rocky soils, especially those derived from mafic rocks.
Biological Conclusion: No Effect
Potentially suitable habitat for Schweinitz's sunflower is present throughout the entire project area
within the cleared areas and along maintained roadsides. However, all areas of potentially suitable
habitat are maintained by frequent mowing or the application of herbicides and present only
marginally suitable habitat. Surveys were conducted by Kimley-Horn biologists throughout areas of
potentially suitable habitat on September 26, 2019. Species observed during the survey include red
maple (Acerrubrum), tulip tree (Liriodendron tulipifera), sweetgum (Liquidambar styraciflua), loblolly
pine (Pinus taeda), Canada goldenrod (Solidago canadensis), and bearded beggerticks (Bidens
aristosa). No individuals of Schweinitz's sunflower were observed during the pedestrian survey;
therefore, the proposed project will have no effect on this species. Additionally, a review of the
NCNHP records, updated March 8, 2019, indicates no known occurrences within 1.0 mile of the
project area.
Michaux's sumac
USFWS optimal survey window: May -October
Habitat Description: Michaux's sumac, endemic to the inner Coastal Plain and lower Piedmont, grows
in sandy or rocky, open, upland woods on acidic or circumneutral, well -drained sands or sandy loam
soils with low cation exchange capacities. The species is also found on sandy or submesic loamy swales
and depressions in the fall line Sandhills region as well as in openings along the rim of Carolina bays;
maintained railroad, roadside, power line, and utility rights -of -way; areas where forest canopies have
been opened up by blowdowns and/or storm damage; small wildlife food plots; abandoned building

Kim ey>>) Horn Page 3
sites; under sparse to moderately dense pine or pine/hardwood canopies; and in and along edges of
other artificially maintained clearings undergoing natural succession. In the central Piedmont, it
occurs on clayey soils derived from mafic rocks. The plant is shade intolerant and, therefore, grows
best where disturbance (e.g., mowing, clearing, grazing, periodic fire) maintains its open habitat.
Biological Conclusion: No effect
Suitable habitat for Michaux's sumac is present throughout the entire project area along the
maintained roadsides and the utility right-of-way. However, all areas of potentially suitable habitat
are maintained by frequent mowing or the application of herbicides and present only marginally
suitable habitat. A review of the NCNHP records, updated March 8, 2019, indicates no known
occurrences within 1.0 mile of the project area. Pedestrian surveys were conducted by Kimley-Horn
biologists throughout areas of potentially suitable habitat on September 26, 2019, and no individuals
of Michaux's sumac were observed. Due to a lack of recorded occurrences and a lack of observed
individuals on the subject property, the proposed project will have no effect on this species.
Statement of Qualifications:
Principal
Investigator:
Addie Lasitter, WPIT
Education:
B.S. Natural Resource Ecology and Management, conc. Wetland Sciences, 2013;
M.S. Earth Sciences, 2016
Experience:
Environmental Analyst, Kimley-Horn and Associates, Inc., 2017-Present
Responsibilities:
Natural communities assessments, threatened and endangered species habitat
assessments, wetland and stream delineations, GPS, GIS, tree surveys
Investigator: Chris Tinklenberg, PWS
Education: B.A. Geography, 2007; Certificate in Geographic Information Systems, 2007
Experience: Environmental Scientist, Kimley-Horn and Associates, Inc., 2007-Present;
Identified and confirmed Schweinitz's sunflower community, York County, SC,
October 2016;
Performed numerous (30+) protected species habitat assessments and/or surveys
for protected species on various public and private projects.
Responsibilities: Natural communities assessments, threatened and endangered species habitat
assessments and surveys, wetland and stream delineations, GPS, GIS, stream and
wetland functional assessments, tree surveys

Kimley»>Horn
Page 4
Please provide concurrence regarding the survey results and biological conclusions as well as any
other possible issues that might emerge with respect to protected species as a result of the proposed
project. Thank you in advance for your timely response and cooperation. Please email
([e-mail]) a copy of your reply to my attention and/or send an original
copy by mail. Please feel free to contact me at [phone] if you have any questions or if
additional information is necessary.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Chris Tinklenberg, PWS
Environmental Scientist
Attachments

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Photo PaLle 1
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Photo 1 — Maintained area roadside.
Photo 2 Maintained powerline easement along roadway.
Title Photo Pages
Prepared For Marvin Publix Off -Site Roadway Prepared By
Project Waxhaw, Union County, North Carolina
Publix North Carolina, LP Date Project Number Klmley %)> Horn
9/26/19 012733033

Photo Pate 2
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Photo 3 — Bearded beggerticks found in the maintained powerline easement.
i
Photo 4 — Maintained powerline easement along the roadway.
Title
Photo Pages
Prepared For
Project
Marvin Publix Off -Site Roadway
Waxhaw, Union County, North Carolina
Prepared By
Publix North Carolina, LP
Klmley>>> Horn
Date
Project Number
9/26/19
012733033

■ son Roy Cooper. Governor
■� ■ NC DEPARTMENT QF
■�. a NATURAL AND CULTURAL RESOURCES Susi Flamiltnn. Secretary
■ ■ra■ Valter Clark. Director, Land and Water Stewardship
NCNHDE-8419
March 8. 2019
Addie Lasitter
Kimley-Horn
200 South Tryon Street
Charlotte, NC 28202
RE: NC16 / New Town Rd - Intersection Improvements
Dear Addie Lasitter:
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.aov/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 rod ney.butler(�)ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAPTmENT OF NATUPAL AND CUI TuRm. RESOu'RCES
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Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
NC16 / New Town Rd - Intersection Improvements
March 8, 2019
NCNHDE-8419
Element Occurrences
Documented Within a One -mile Radius of the Project Area
axonomic
EO ID Scientific Name Common Name Last Element Accuracy
Federal
State Global
State
roup
Observation Occurrence
Status
Status Rank
Rank
Date Rank
Vascular Plant
27576 Helianthus schweinitzii Schweinitz's Sunflower 2003-12 X? 2-High
Endangered
Endangered G3
S3
Vascular Plant
15141 Rhus michauxii Michaux's Sumac 1794-07-21 H 5-Very
Endangered
Endangered G2G3
S2
Low
No Natural Areas are Documented Within a One -mile Radius of the Project Area
No Managed Areas are Documented Within a One -mike Radius of the Project Area
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ord/content/help. Data query generated on March 8, 2019; source: NCNHP, Q1 Jan 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

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