20191673 Ver 1_08_T&E pkg_20191206

MCADAMS PROTECTED SPECIES ASSESSMENT > MEK-17000
December 6, 2019
Mr. Byron Hamstead
Asheville Ecological Services Field Office
U.S. Fish and Wildlife Service
Via [e-mail]
RE: Protected Species Assessment
Pearl Street Park Renovations
Charlotte, Mecklenburg County, NC
Dear Mr. Hamstead:
McAdams conducted a protected species assessment for the proposed Pearl Street Park Renovations project in
support of an anticipated application for a Section 404 Clean Water Act permit. The City of Charlotte proposes to
renovate the existing Pearl Street Park by adding a basketball court, restroom facilities, picnic areas, pedestrian
paths, utilities and stormwater treatment facilities within the 11-acre project area. The proposed renovations also
include enhancement of the perennial tributary to Little Sugar Creek that traverses the site.
Figure 1 depicts the location of the project study area on the US Geological Survey (USGS) Charlotte East, NC 7.5-
minute quadrangle topographic map. Figure 2 shows the location of the project study area on the Web Soil Survey
map. Monocan and Arents soils, frequently flooded and urban land map units occupy much of the study area. The
project area contains a forested area along the northern boundary, part of a parking lot and Baxter Road in the
north and west portions and overhead electric utility easements that run north -south through the eastern part of
the project area and east -west through the center of the site; most of the site consists of regularly maintained
herbaceous vegetation and walking paths associated with the existing park. Areas adjacent to the stream channel
contain unmaintained scrub/shrub vegetation. Figure 3 depicts the subject property on an aerial photograph of the
area and Figure 4 depicts the surface water features on the site.
On December 2, 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 Habitats were identified within the project area or its vicinity. A list of natural heritage resources
was obtained from the NC Natural Heritage Program (NCNHP) on December 3, 2019. No records for rare species,
important natural communities or natural areas were identified within the project area. Conservation/managed areas
within the project area include Pearl Street Park, as depicted on the attached annotated Natural Heritage Map.
Information regarding the appearance and habitat for each species identified were compiled. McAdams staff visited
the North Carolina Botanical Garden (NCBG) on December 4, 2019 to observe smooth coneflower and Michaux's
creating experiences through experience 2905 Meridian Parkway, Durham, NC 27713 / 919. 361. 5000

MCADAMS PROTECTED SPECIES ASSESSMENT > MEK-17000
sumac during the current stage of their life cycles; a known Schweinitz's sunflower population on Ridge Road near the
1-85/1-485 interchange in Charlotte was visited the same day. McAdams staff determined that each species retained
identifiable characteristics even though the optimal search windows for these species have closed (see photos in
Appendix A). On December 4, 2019, after visiting the NCBG and the Ridge Road site, two McAdams staff members
walked transects through the limited area of suitable habitat for Smooth Coneflower, Michaux's Sumac and
Schweinitz's sunflower within the project area (less than 0.5 acre). Photographs taken during the field survey are
provided in Appendix A. Japanese honeysuckle (Lonicera japonica) and American pokeweed (Phytolacca Americana)
were common within the survey area.
Table 1. Federally Protected Species That May Be Within the Project Study Area
(12/2/2019)
Scientific Name
Common Name
Federal Status
Mammals
Myotis septentrionalis
Northern long-eared bat
Threatened
Clams
Lasmigona decorata
Carolina heelsplitter
Endangered
Flowering Plants
Echinacea laevigata
Smooth Coneflower
Endangered
Rhus michauxii
Michaux's Sumac
Endangered
Helianthus schweinitzii
Schweinitz's sunflower
Endangered
Northern Long-eared Bat (Myotis septentrionalis) — Threatened
Biological Opinion: May affect, not likely to adversely affect
"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."
"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 2018)
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MCADAMS PROTECTED SPECIES ASSESSMENT > MEK-17000
The project area contains limited forested habitat for the Northern long-eared bat. The project will rely upon the
findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the Northern Long -Eared Bat and
Activities Excepted from Take Prohibitions to fulfill project -specific section 7 responsibilities.
Carolina Heelsplitter (Lasmigona decorata) — Endangered
Biological Opinion: No effect
"Description: The Carolina heelsplitter was first described in 1852. It has an ovate, trapezoid -shaped shell. The outer
surface of the shell varies from greenish brown to dark brown in color, and shells from younger specimens have faint
greenish brown or black rays. The nacre (inside surface) is often pearly white to bluish white, grading to orange in
the deepest part of the shell. However, in older specimens the entire nacre may be a mottled pale orange. The shell
of the largest known specimen of the species measures 4.6 inches in length. Like other freshwater mussels, the
Carolina heelsplitter feeds by siphoning and filtering food particles from the water column ..."
"Habitat: The Carolina heelsplitter requires cool, clean, well -oxygenated water. Stable, silt -free stream bottoms
appear to be critical to the species. Typically stable areas occur where the stream banks are well -vegetated with
trees and shrubs." (USFWS 2017a)
The project area lacks streams with clean, well -oxygenated water and stable, well -vegetated banks, and thus does
not contain suitable habitat for the Carolina heelsplitter.
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 2017d)
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MCADAMS PROTECTED SPECIES ASSESSMENT > MEK-17000
Limited areas where the scrub/shrub habitat adjacent to the stream channel transitions to maintained turf grass
contain suitable habitat for smooth coneflower. NCNHP data from December 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 on December 4, 2019
after observing smooth coneflower that exhibited recognizable characteristics at the NCBG earlier the same day.
McAdams staff did not observe smooth coneflower within the area of suitable habitat on site.
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 2017b)
"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).
Limited areas where the scrub/shrub habitat adjacent to the stream channel transitions to maintained turf grass
contain suitable habitat for Michaux's sumac. NCNHP data from December 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 on December 4, 2019
after observing Michaux's sumac that exhibited recognizable characteristics at the NCBG earlier the same day.
McAdams staff did not observe Michaux's sumac within the area of suitable habitat on site.
Schweinitz's Sunflower (Helianthus schweinitzii) — Endangered
Biological Opinion: May affect, not likely to adversely affect
"Description: Schweinitz's sunflower is a perennial that regularly grows approximately 6.5 feet tall (though it can be
shorter if young or injured) and can occasionally reach heights of 16 feet. It has thickened roots that are used by the
plant to store starch. The stem is purplish in color, and the upper third bears secondary branches at 45-degree
angles. The leaves are arranged in pairs on the lower part of the stem but usually occur singly (or alternate) on the
upper parts. Leaves are attached to the stem at right angles, and the tips of the leaves tend to droop. The leaves are
thick and stiff, with a rough upper surface. The upper leaf surfaces have broad spiny hairs that are directed toward
the tip and soft white hairs cover the underside. The plant produces small yellow flowers from late August until
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MCADAMS PROTECTED SPECIES ASSESSMENT > MEK-17000
frost. This species is able to colonize through the dispersal of seeds that readily germinate without a dormant
period.
"Habitat: Schweinitz's sunflower occurs in full to partial sun and is found in areas with poor soils, such as thin clays
that vary from wet to dry. It is believed that this species once occurred in natural forest openings or grasslands.
Many of the remaining populations occur along roadsides." (USFWS 2017c)
Limited areas where the scrub/shrub habitat adjacent to the stream channel transitions to maintained turf grass
contain suitable habitat for Schweinitz's sunflower. NCNHP data from December 2019 indicates no documented
occurrences of Schweinitz's sunflower within one mile of the project study area. The optimal survey window for this
species is late August to October. McAdams staff conducted a field survey of the suitable habitat on December 4,
2019 after observing Schweinitz's sunflower that exhibited recognizable characteristics at the NCBG earlier the same
day. McAdams staff did not observe Schweinitz's sunflower within the area of suitable habitat on site.
Bald and Golden Eagle Protection Act
Description: Distinguished by a white head and white tail feathers, bald eagles are powerful, brown birds that may
weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller, weighing as much as 10 pounds and have a
wingspan of 6 feet."
Habitat: "Bald eagles require a good food base, perching areas, and nesting sites. Their habitat includes estuaries,
large lakes, reservoirs, rivers, and some seacoasts." (USFWS 2007a) Bald eagles build large nests (4 to 6 feet in
diameter and larger) in the tops of tall trees and snags that include perches with a clear view of water. (USFWS
2007b)
The Catawba River, located approximately 9.5 miles from the project area, is suitable habitat for the Bald eagle. The
NCNHP report did not list eagle nests within 1.0 mile of the project area. McAdams did not observe bald eagles or
nests within the project area.
Conclusions/Recommendations
The project area contains suitable habitat for the Northern long-eared bat, Michaux's sumac, smooth coneflower
and Schweinitz's sunflower. A biological opinion of "may affect, not likely to adversely affect" was determined for
these four species. The project will rely upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final
4(d) Rule on the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill project -specific
section 7 responsibilities for this species. No Michaux's sumac, smooth coneflower or Schweinitz's sunflower
individuals were observed during a field survey conducted outside the optimal survey windows for these species but
immediately after observing specimens at the NCBG. A biological opinion of "no effect" was determined for the
Carolina heelsplitter based on a lack of suitable habitat within the project area. A determination of "No Eagle Act
permit required" is appropriate for the bald eagle because there are no known nests or suitable habitat within 660
feet of the project area. We request your review and comments on this protected species assessment.
creating experiences through experience 5 of 7

MCADAMS PROTECTED SPECIES ASSESSMENT > MEK-17000
Sincerely,
MCADAMS
Kel y Roth
Environmental Consultant II, Water Resources
cc: Karen Weston -Chien, Mecklenburg County
Rob Reddick, McAdams
Attachments:
Figure 1. USGS Map
Figure 2. Soil Survey Map
Figure 3. Aerial Map
Figure 4. Delineation Map
Appendix A. Field Survey Photographs
USFWS Official Species List (12/2/2019)
NCNHP Site Information (12/3/2019)
Species Conclusion Table
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MCADAMS PROTECTED SPECIES ASSESSMENT > MEK-17000
Literature Cited
U.S. Fish and Wildlife Service. 2007a. Bald Eagle Fact Sheet,
https://www.fws.gov/migratorybirds/pdf/management/bald-eagle-fact-sheet.pdf.
U.S. Fish and Wildlife Service. 2007b. National Bald Eagle Management Guidelines,
https://www.fws.gov/migratorybirds/pdf/management/nationalbaldeaglenanagementguidelines.pdf
U.S. Fish and Wildlife Service (N. Murdock and J. Moore). 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30 pp.
U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017a. Carolina Heelsplitter I Species
Information, www.fws.gov/raleigh/species/es_carolina_heelsplitter.html.
U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017b. Michaux's Sumac I Species Information,
www.fws.gov/raleigh/species/es_michauxs_sumac.html.
U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017c. Schweinitz's Sunflower I Species
Information, www.fws.gov/raleigh/species/es_schweinitz_sunf lower. htm1.
U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017d. Smooth Coneflower I Species
Information, www.fws.gov/raleigh/species/es_smooth_coneflower.htm1.
U.S. Fish and Wildlife Service. 2018. Northern Long -Eared Bat Fact Sheet. Northern Long -Eared Bat I Species
Information, www.fws.gov/midwest/endangered/mammals/nleb/nlebFactSheet.html.
creating experiences through experience 7 of 7

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CHARLOTTE, MECKLENBURG COUNTY, NC VERSION: 1
DATE: 11/26/2019
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FIGURE 2. BUFFER SUBJECTIVITY SOIL SURVEY Feet
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DATE: 11/26/2019
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PEARL STREET PARK RENOVATIONS 1 inch = 150 feet
CHARLOTTE, MECKLENBURG COUNTY, NC VERSION: 1
DATE: 12/6/2019
MCADAMS JOB NO: MEK-17000
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MCADAMS PROTECTED SPECIES ASSESSMENT > MEK-17000
Appendix A.
Habitat Photographs
Photo 1. Michaux's sumac (Rhus michauxii) specimen observed at the North Carolina Botanical
Garden on 12/4/2019
Photo 2. Smooth coneflower (Echinacea laevigata) specimens observed at the North Carolina
Botanical Garden on 12/4/2019
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MCADAMS PROTECTED SPECIES ASSESSMENT > MEK-17000
Photo 3. Schweinitz's sunflower (Helianthus schweinitzii) specimens observed on Ridge Road near
the 1-85/1-485 interchange in Charlotte on 12/4/2019
Photo 4. Potential habitat for smooth coneflower, Michaux's sumac and Schweinitz's sunflower
near the stream channel within the project area (12/4/2019)
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MCADAMS PROTECTED SPECIES ASSESSMENT > MEK-17000
Photo 5. Potential habitat for smooth coneflower, Michaux's sumac and Schweinitz's sunflower
within the project area (12/4/2019)
Photo 6. Typical maintained turf area and overhead electric utility easement within the project
area(12/4/2019)
creating experiences through experience 3 of 3

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office t
��'� 160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.gov/nc-es/es/couMfr.html
In Reply Refer To: December 02, 2019
Consultation Code: 04EN1000-2020-SLI-0159
Event Code: 04EN1000-2020-E-00392
Project Name: Pearl Street Park Renovations
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 attached 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. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc counties.html. The AFO website list includes "species of concern" species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmis/project review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html

12/02/2019 Event Code: 04EN1000-2020-E-00392
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists 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 or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) 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 or by going to the AFO website.
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
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 and on our office's website
at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html.
If a Federal agency (or their non-federal representative) 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: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, 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 additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) 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;

12/02/2019 Event Code: 04EN1000-2020-E-00392
3
http://www.towerkill.com; and http://www.fws.gov/migratoI3Lbirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
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.
Attachment(s):
• Official Species List
• Migratory Birds
• Wetlands

12/02/2019 Event Code: 04EN1000-2020-E-00392
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:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

12/02/2019 Event Code: 04EN1000-2020-E-00392 2
Project Summary
Consultation Code: 04EN1000-2020-SLI-0159
Event Code: 04EN1000-2020-E-00392
Project Name: Pearl Street Park Renovations
Project Type: LAND - RESTORATION / ENHANCEMENT
Project Description: Park renovation and stream enhancement project in Charlotte, NC
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/35.21239783940958N80.83836398003926W
f
C.�,yh�5+8 e5kas'�
Counties: Mecklenburg, NC
9

12/02/2019 Event Code: 04EN1000-2020-E-00392 3
Endangered Species Act Species
There is a total of 5 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
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.
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
Northern Long-eared Bat Myotis septentrionalis
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Clams
NAME
STATUS
Carolina Heelsplitter Lasmigona decorata
Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/3534

12/02/2019 Event Code: 04EN1000-2020-E-00392 4
Flowering Plants
NAM L- 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
Schweinitz's Sunflower Helianthus schweinitzii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3849
Smooth Coneflower Echinacea laevigata Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3473
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFF ICE'S
JURISDICTION.

12/02/2019 Event Code: 04EN1000-2020-E-00392
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
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 below.
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)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list 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:Hecos.fws.gov/ecp/species/1626
Blue -winged Warbler Vermivora pinus
Breeds May 1
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
to Jun 30
(BCRs) in the continental USA

12/02/2019 Event Code: 04EN1000-2020-E-00392
NAME
Cerulean Warbler Dendroica cerulea
BREEDING
SEASON
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/297
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.
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.
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.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Probability Of Presence Summary
Breeds May 10
to Sep 10
Breeds
elsewhere
Breeds May 10
to Aug 31
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 and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.

12/02/2019 Event Code: 04EN1000-2020-E-00392 3
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■ probability of presence breeding season I 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++++ ++++ ++++ ++++ +++. ++++ ++++ ++.+ ++++
Non -BCC Vulnerable

12/02/2019 Event Code: 04EN1000-2020-E-00392 4
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Blue -winged ++++ ++++ ++++ + ++++ +++— +"' ++++ ++.+ ++++
Warbler ■
BCC -BCR
Cerulean Warbler ++++ ++++ ++++,++t I I 1 F •••+ +++. ++++ ++++ ++.+ ++++
mom
BCC Rangewide (COIF _ A..` 010M
Kentucky Warbler ++++ ++++ ++++ +d I I I 1 7+ +,!P RIP PW ++++ ++++ ++.+ ++++
BCC Rangewide (COI)
Prairie Warbler ++++ ++++ ++++ +�11 I 1 F+
BCC Rangewide (CO++IF-4--4- +++— +11+ ++++ ++.+ ++++
IF
Proth
Warbler notary ++++ ++++ ++++ I 1 I I I -+ ++++ Lb++ +++. ++++ ++++ ++.+ ++++
WarblM ---,
BCC Rangewide (CON)
Woodpecker 11+11+11 IIN *011 ++1+ ++ +—1++11+++ ++-11111
BCC Rangewide (COI) Im MMM�LEE `'�I
Rusty Blackbird ,+++ +'+, ,++' +. ++++ ++++ ++++ +++. ++++ ++++ ++-1 1,1,
BCC Rangewide (CON)
Wood Thrush ++++ ++++ ++++ +���+� +++ 1++-111111++ ++.+ ++++
BCC Rangewide (COI)
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds http://www.fws.gov/migrator3Lbirds/pdf/
management/nationwidestandardconservationmeasures. pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?

12/02/2019 Event Code: 04EN1000-2020-E-00392
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and

12/02/2019 Event Code: 04EN1000-2020-E-00392 6
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell

12/02/2019 Event Code: 04EN1000-2020-E-00392
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

12/02/2019 Event Code: 04EN1000-2020-E-00392
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
RIVERINE
• R2UBH

X ii■ Roy Cooper. Governor
!E 0 NC DEPARTMENT OF
anumm NATURAL AND CULTURAL RESOURCES Suss Hamilton. Secretary
i i■i
Walter Clark, Director, Land and Water Stewardship
NCNHDE-10817
December 3, 2019
Kelly Roth
McAdams
2905 Meridian Parkway
Durham, NC 27713
RE. Pearl Street Park Renovations, MEK-17000
Dear Kelly Roth.
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:
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.
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 rod ney.butlerLncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
0EPAR7MENT OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET RALEIC.H_ NC 27603 • 1651 MAIL SERVJCE C1-N'I'ER. RALDGH. NC 2769D
OFC+119,7Q713E20 • PAX 91J.707,9i?1

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Pearl Street Park Renovations
Project No. MEK-17000
December 3, 2019
NCNHDE-10817
No Element Occurrences are Documented within the Project Area
There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the
NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present, it may simply mean that
the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project
area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our
database.
No Natural Areas are Documented within the Project Area
Managed Areas Documented Within Project Area
Managed Area Name wner Owner Type
Pearl Street Park Mecklenburg County Local Government
NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve
(DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project.
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on December 3, 2019; source: NCNHP, Q4 Oct 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 5

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Pearl Street Park Renovations
Project No. MEK-17000
December 3, 2019
NCNHDE-10817
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO IDIcientific Name. Common Name
Group NJFObservation
Bird 32170
Mammal 20386
Vascular Plant 13743
Falco peregrinus
anatum
Lasiurus intermedius
floridanus
Delphinium exaltatum
American Peregrine
Falcon
Florida Yellow Bat
Tall Larkspur
Date
2015-06
2000
Vascular Plant 13382 Echinacea laevigata Smooth Coneflower 1900-Pre
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name
Element
Occurrence
Rank
E
H?
Hi?
X
Little Sugar Creek Greenway
Mecklenburg County
Freedom Park
Mecklenburg County
Latta Park
Mecklenburg County
Independence Park
Mecklenburg County
NC Division of Mitigation Services Easement
NC DEQ, Division of Mitigation Services
Pearl Street Park
Mecklenburg County
Marshall Park
Mecklenburg County
Edgehill Park
Mecklenburg County
Romare Bearden Park
Mecklenburg County
Thompson Park
Mecklenburg County
First Ward Park
Mecklenburg County
Elizabeth Park
Mecklenburg County
Baxter Street Park
Mecklenburg County
Colonial Park
Mecklenburg County
Cherry Park
Mecklenburg County
Midtown Park
Mecklenburg County
Accuracy
Federal State
Global
State'
Status Status
Rank
Rank
Mh f i
2-High
--- Endangered
G4T4
S1B,S2
N
1-Very
--- Special
G5T4
S1
High
Concern
5-Very
--- Endangered
G3
S2
Low
4-Low Endangered Endangered G2G3 S1S2
Owner Type M
Local Government
Local Government
Local Government
Local Government
State
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Page 3 of 5

Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on December 3, 2019; source: NCNHP, Q4 Oct 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 4 of 5

NCNHDE-10817: Pearl Street Park Renovations
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Project Boundary
Buffered Project Boundary
Managed Area (MAREA)
1:22,613
0 0175 0.35 0-7 rhi
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Sources: Esn, HERE, Gar"R, Intermap, Increment P Corp- GESCO, USGS,
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METI . Esri China IHonq; Kong), (e) OpenStremWp conlributws, and the GIS
User CQnmuniy
Page 5 of 5

Species Conclusions Table
Project Name: Pearl Street Park Renovation
Date: 12/6/2019
Species / Resource Name
Conclusion
ESA Section 7 / Eagle
Notes / Documentation
Act Determination
Northern Long-eared Bat
Suitable habitat present
May affect, not likely to
Relying upon the findings of the 1/5/2016 Programmatic Biological
(Myotis septentrionalis)
adversely affect
Opinion for Final 4(d) Rule on the Northern Long -Eared Bat and
Activities Excepted from Take Prohibitions to fulfill our project -
specific section 7 responsibilities.
Carolina heelsplitter
No suitable habitat present
No effect
Habitat assessment indicates no potential habitat present (streams
(Lasmigona decorata)
with clean, well -oxygenated water and stable, well -vegetated
banks are absent from the project area
Michaux's sumac
Suitable habitat present,
May affect, not likely to
December 6, 2019 survey by McAdams consultants indicates
(Rhus michauxii)
species not present
adversely affect
absence
Schweinitz's sunflower
Suitable habitat present,
May affect, not likely to
December 6, 2019 survey by McAdams consultants indicates
(Helianthus schweinitzii)
species not present
adversely affect
absence
Smooth Coneflower
Suitable habitat present,
May affect, not likely to
December 6, 2019 survey by McAdams consultants indicates
(Echinacea laevigata)
species not present
adversely affect
absence
Critical habitat
No critical habitat present
No effect
Bald Eagle
Unlikely to disturb nesting
No Eagle Act permit
No known nest with 660' of project review area
bald eagles
required
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.
`/1 12/6/2019
Si nature /7Utle Date