HomeMy WebLinkAbout20200045 Ver 1_USFWS_ConcurrenceRequest_SmithCreekPh2-3_20191213_20200107December 13, 2019
Mr. Gary Jordan
US Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Re: Request for Concurrence
Smith Creek Greenway — Phases 2 & 3
Wake Forest, Wake County, NC
♦
\�0Vlib.
0
VHB is under contract with Stewart, Inc. (Stewart) to provide natural resources assessments for the proposed
Smith Creek Greenway project. The proposed trail construction is a Town of Wake Forest project that is seeking
federal LAP funding but has not yet received it at this time. If federal funds are obtained, they may be
administered by NCDOT.
We have reviewed the most recent USFWS list of species and critical habitats that may be present within Wake
County and have obtained an official species list from IPAC. The following letter report lists the federally protected
species currently documented to occur in Wake County, an assessment of suitable habitat within the study area,
and our biological conclusions concerning the impact of the project on each species.
We have attached the following information to assist with your review:
• Protected Species Assessment including project description and biological conclusions for the listed and
proposed species;
• Figures —
0 1. Vicinity Map
0 2. Study Area and Terrestrial Communities
• Site Photographs
• Official Species List dated December 6, 2019
• Natural Heritage Date Explorer Reports dated December 13, 2019
• Species Conclusion Table
• Self -certification Letter
We respectfully request your input as needed on our findings. Thank you in advance for your assistance on this
project. Please do not hesitate to contact me at (919) 741-5784 if you have any questions or concerns.
Sincerely,
VHB
-Dale? �404__
David G. Cooper
Senior Environmental Scientist
cc: Doug Taylor, PE —Stewart
Venture I
940 Main Campus Drive, Suite 500
Engineers I Scientists I Planners I Designers Raleigh, North Carolina 27606
P 919.829.0328
F 919.833.0034
PROTECTED SPECIES ASSESSMENT
Smith Creek Greenway Phases 2 and 3 — Burlington Mills Road to Heritage High School
Wake County, NC
PROJECT DESCRIPTION AND SETTING
Phases 2 and 3 of the Smith Creek greenway total approximately 2.8 miles of a 10' wide asphalt trail, boardwalk,
and bridges. Phase 2 will connect to the existing trail terminus south of Burlington Mills Road and will follow Smith
Creek north to Ligon Mill Road. Phase 3 will follow Smith Creek north from Ligon Mill Road to Heritage High School.
Within the scope of the project are two grade separated crossings underneath Ligon Mill Road and Burlington Mills
Road. These segments of the trail help to create a continuous trail for the residents of Wake Forest to the regional
trail system of the City of Raleigh and Wake County. Please refer to Figure 1 for a vicinity map of the project.
The greenway will be designed as a multi -use bicycling and pedestrian trail. This type of trail is typically
constructed as a 10-foot wide asphalt path, with an aggregate base, and two -foot wide shoulders on either side.
Land disturbance for the construction of these trails is generally 15 to 20 feet wide. The project will require one
bridge over Smith Creek. The design calls for the bridge to be a single span structure, with no temporary or
permanent impacts to the stream bed as a result of construction. Tributaries to Smith Creek will be crossed with
boardwalk and bridge structures to minimize impacts to these resources. Erosion and sedimentation will be
controlled by the use of silt fencing along the corridor, and the project proposes to adhere to practices outlined in
Design Standards in Sensitive Watersheds. If land disturbance is required near a stream, straw wattles and/or
temporary rock silt checks may be used to treat water from disturbed areas. Several factors including drainage
area, steepness of slope, and site -specific field conditions will dictate the actual device(s) used for sedimentation
and erosion control.
A review of land cover based the 2017 aerial image shows that approximately 75 percent of the contributing
watershed upstream of the study area is comprised of residential and light industrial development and agriculture.
Smith Creek originates approximately six river miles north and upstream of the study area in northern Wake
County and flows north and south through primarily forested areas in Wake Forest. The creek is impounded by
Wake Forest reservoir approximately three river miles upstream of the project area, and then continues south
through the residential subdivisions and onto the study area. Stream substrate within the study area consists
primarily of silt, sand, and gravel. Baseflow within the study area is approximately 20 feet wide. Downstream of
the study area, the creek continues approximately 0.6 miles through forested wetlands adjacent to a residential
subdivision to its confluence with the Neuse River in eastern Raleigh.
VHB Project No. 39030.01 Page 2 of 7
FEDERALLY PROTECTED SPECIES
Endangered Species Act Protected Species
As of the most recently updated county list, dated June 27, 2018, the U.S. Fish and Wildlife Service (USFWS) lists six
federally protected species under the Endangered Species Act (ESA) for Wake County. In addition, the USFWS
Information for Planning and Consultation (IPaC) official species list for the project, updated on December 6, 2019,
lists three species proposed for protection as potentially occurring within the project study area (Table 1).
Although not currently listed by USFWS in Wake County, we also discuss the northern long-eared bat in this
section. For each species, a discussion of the presence or absence of habitat is included below along with the
Biological Conclusion rendered based on survey results in the study area.
able 1. Federally Protected Species Listed for Wake County
Scientific Name
Rhus michauxii
Common Name 7r
Michaux's sumac
Federal
Status
Endangered
Habitat;
Present
Yes
Biological
As� Conclusion
No Effect
Picoides borealis
Red -cockaded
Endangered
No
No Effect
woodpecker
Alasmidonta heterodon
Dwarf wedgemussel
Endangered
Yes
May Affect, Not Likely to
Adversely Affect
Parvaspina steinstansana
Tar River spinymussel
Endangered
No
No Effect
Elliptio lanceolate
Yellow lance
Threatened
No
No Effect
Notropis mekistocholas
Cape Fear shiner
Endangered
No
No Effect
Fusconaia masoni
Atlantic pigtoe
Proposed
Yes
May Affect, Not Likely to
Threatened
Adversely Affect
Noturus furiosus
Carolina madtom
Proposed
Yes
May Affect, Not Likely to
Endangered
Adversely Affect
Necturus lewisi
Neuse River waterdog
Proposed
Yes
May Affect, Not Likely to
Threatened
Adversely Affect
Myotis septentrionalis
Northern long-eared bat
Threatened 4(d)
Yes
May Affect
Michaux's sumac
USFWS Optimal Survey Window: May -October
Biological Conclusion: No Effect
A desktop-GIS assessment of the project study area was performed in November 2016 using 2013 color aerials.
Areas with an open canopy such as utility line and sewer rights -of -way, old road beds, forest clearings, and road
edges were targeted for field survey. Visual inspection of the project area determined that suitable habitat is of
marginal quality. Most of the open canopy areas identified by desktop assessment were observed in the field to be
generally too moist to support this species and were within the active floodplain of Smith Creek. On May 3, 2017, a
plant -by -plant survey was conducted within potentially suitable habitat, by a qualified observer, for approximately
five person -hours. The plant -by -plant survey resulted in no specimens of Michaux's sumac located. A NCNHP data
explorer report dated December 13, 2019 revealed no known occurrences of this species within 1 mile of the
project study area.
Due to the lack of observed specimens, the marginal quality of suitable habitat, the lack of known occurrences
within 1 mile of the study area, and the minimal impact anticipated for this project, it has been determined that
this project will not affect this species.
VHB Project No. 39030.01 Page 3 of 7
Red -cockaded woodpecker
USFWS Recommended Survey Window: year round; November -early March (optimal)
Biological Conclusion: No Effect
A NCNHP data explorer report dated December 13, 2019 revealed no known occurrences of this species within 1
mile of the study area. NCNHP records dated July 2018 indicate that all RCW records within a 30-mile radius of the
study area are either historical records or RCWs have been documented extirpated from these areas. The closest
historical/extirpated RCW record to the study area in this data set is approximately 11 miles away.
A desktop-GIS assessment of the project study area was performed in November 2016 using 2013 color aerials.
Areas which appeared to be dominated by pine trees were targeted for on -site habitat evaluation. Field surveys of
the study area were conducted during November 2016 and on May 3, 2017. Visual inspection of the project area
determined that no suitable foraging or nesting habitat exists. Some areas dominated by pine do not constitute
suitable nesting or foraging habitat due to the relatively young age (under 30 years), dense spacing, and tall
understory. Other scattered areas totaling approximately 6 acres contain loblolly pines (Pinus taeda) over 30 years
old. The largest pines in these areas were cored and aged at 74 years old. Stands containing individual loblolly
pines over 30 years old do not constitute suitable foraging habitat due to stand composition and understory
structure. These stands consist of mixed pine and hardwoods; most notably, large competing specimens of
sweetgum (Liquidambar styraciflua). The understory consists of tall saplings and shrubs, and generally lacks
grasses and other herbs characteristic of foraging habitat. All areas of potentially suitable habitat were traversed
on foot by a qualified observer. No potentially suitable nesting or foraging habitat was encountered within the
study area.
Due to the lack of nesting habitat and foraging habitat, the lack of known occurrences within 1 mile of the study
area, the apparent extirpation of RCWs from the surrounding area, and the minimal impact anticipated for this
project, we have determined that this project will not affect this species.
Dwarf wedgemussel
USFWS Recommended Survey Window: Year-round
Biological Conclusion: May Affect, Not Likely to Adversely Affect
Marginally suitable habitat for the dwarf wedgemussel exists within Smith Creek within the project area. The reach
of Smith Creek within the study area is not a USFWS-designated Identified Stream Reach (ISR) or within 0.25 mile
of an ISR for this species per the June 2019 ISR layer. The study area is located within the Range by Basin for this
species. The USFWS IPaC official species list for this project, dated December 6, 2019, includes the dwarf
wedgemussel. A NCNHP data explorer report dated December 13, 2019 revealed no known occurrences of this
species within 1 mile of the study area. NCNHP records dated July 2018 show the closest documented population
of the dwarf wedgemussel in the Neuse basin is located approximately 11.5 river miles downstream of the study
area in the main stem of the Neuse River, upstream and downstream of its confluence with Crabtree Creek. The
record for this population is categorized as "historical". The record is dated 1951, and no more recent information
on the population is available in the NCNHP database.
The greenway will be designed as a multi -use bicycling and pedestrian trail. This type of trail is typically
constructed as a 10-foot wide asphalt path, with an aggregate base, and two -foot wide shoulders on either side.
Land disturbance for the construction of these trails is generally 15 to 20 feet wide. The project as designed
requires one bridged crossing of Smith Creek. The current design calls for bridges to be single span structures,
with no temporary or permanent impacts to the stream bed as a result of construction. Tributaries to Smith Creek
will be crossed with boardwalk and bridge structures. Erosion and sedimentation will be controlled by the use of
silt fencing along the corridor. If land disturbance is required near a stream, straw wattles and/or temporary rock
silt checks may be used to treat water from disturbed areas. Several factors including drainage area, steepness of
slope, and site -specific field conditions will dictate the actual device(s) used for sedimentation and erosion control.
Due to the lack of proposed impacts to streams associated with the current project design, a mussel survey has not
been conducted at this time.
VHB Project No. 39030.01 Page 4 of 7
Due to the limited amount of disturbance anticipated for this project, the distance from known populations, and
the avoidance of channel impacts to be employed during project construction, we have determined that this
project may affect, but is not likely to adversely affect this species.
Tar River spinymussel
USFWS optimal survey window: year round
Biological Conclusion: No Effect
Mussel habitat within the project area includes Smith Creek. The reach of Smith Creek within the study area is not
a USFWS-designated ISR or within 0.25 mile of an ISR for this species per the June 2019 ISR layer. The study area is
not within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated December
6, 2019, does not include the Tar River spinymussel. A NCNHP data explorer report dated December 13, 2019
revealed no known occurrences of this species within 1 mile of the study area.
Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream
channels during project construction, we have determined that this project will not affect this species.
Yellow lance
USFWS optimal survey window: year-round
Biological Conclusion: No Effect
Mussel habitat within the project area includes Smith Creek. The reach of Smith Creek within the study area is not
a USFWS-designated ISR or within 0.25 mile of an ISR for this species per the June 2019 ISR layer. The study area is
not within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated December
6, 2019 does not include the yellow lance. A NCNHP data explorer report dated December 13, 2019 revealed no
known occurrences of this species within 1 mile of the study area.
Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream
channels during project construction, we have determined that this project will not affect this species.
Cape Fear shiner
USFWS optimal survey window: April -June (tributaries); year-round (large rivers)
Biological Conclusion: No Effect
Fish habitat within the project area includes Smith Creek. The study area is not within the Range by Basin for this
species, and the species has not been documented in the Neuse River basin, in which the study area is situated.
The USFWS IPaC official species list for this project, dated December 6, 2019, does not include the Cape Fear
shiner. A NCNHP data explorer report dated December 13, 2019 revealed no known occurrences of this species
within 1 mile of the study area.
Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream
channels during project construction, we have determined that this project will not affect this species.
Atlantic pigtoe
USFWS optimal survey window: year-round
Biological Conclusion: May Affect, Not Likely to Adversely Affect
Marginally suitable habitat for the Atlantic pigtoe exists within Smith Creek within the project area. The reach of
Smith Creek within the study area is not a USFWS-designated Identified Stream Reach (ISR) or within 0.25 mile of
an ISR for this species per the June 2019 ISR layer. The study area is located within the Range by Basin for this
VHB Project No. 39030.01 Page 5 of 7
species. The USFWS IPaC official species list for this project, dated December 6, 2019, includes the Atlantic pigtoe
and states that the project is not located within its proposed critical habitat. A NCNHP data explorer report dated
December 13, 2019 revealed no known occurrences of this species within 1 mile of the study area. NCNHP records
dated July 2018 show the closest documented population of the Atlantic pigtoe to which the study area has a
hydrologic connection is located 14 river miles downstream of the study area near the confluence of Walnut Creek
and the main stem of the Neuse River. The record for this population is dated 1951, and it is categorized as
"historical".
The greenway will be designed as a multi -use bicycling and pedestrian trail. This type of trail is typically
constructed as a 10-foot wide asphalt path, with an aggregate base, and two -foot wide shoulders on either side.
Land disturbance for the construction of these trails is generally 15 to 20 feet wide. The project as designed
requires one bridged crossing of Smith Creek. The current design calls for bridges to be single span structures,
with no temporary or permanent impacts to the stream bed as a result of construction. Tributaries to Smith Creek
will be crossed with boardwalk and bridge structures. Erosion and sedimentation will be controlled by the use of
silt fencing along the corridor. If land disturbance is required near a stream, straw wattles and/or temporary rock
silt checks may be used to treat water from disturbed areas. Several factors including drainage area, steepness of
slope, and site -specific field conditions will dictate the actual device(s) used for sedimentation and erosion control.
Due to the lack of proposed impacts to streams associated with the current project design, a mussel survey has not
been conducted at this time.
Due to the limited amount of disturbance anticipated for this project, the distance from known populations, and
the avoidance of channel impacts to be employed during project construction, we have determined that this
project may affect, but is not likely to adversely affect this species.
Neuse River waterdog
USFWS Recommended Survey Window: Undetermined. Trapping surveys typically conducted in winter.
Biological Conclusion: May Affect, Not Likely to Adversely Affect
Potential Neuse River waterdog habitat within the project area includes Smith Creek. The study area is located
within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated December 6,
2019, includes the Neuse River waterdog and states that the project is not located within its proposed critical
habitat. A NCNHP data explorer report dated December 13, 2019 revealed a known occurrence of this species
within 1 mile downstream of the study area in the main stem of the Neuse River. The status of the occurrence,
dated 1980, is "historic". Recent re -surveys for this species have been conducted by the NC Wildlife Resources
Commission (NCWRC) and NC State University at historic localities across North Carolina. Recent NCWRC trapping
surveys near the project vicinity at the Neuse River crossings of US Hwy. 1 and US Hwy. 401 have failed to detect
this species, but a record was reported from the Neuse River below the Falls Lake Dam, approximately 4.5 river
miles upstream of the confluence with Smith Creek, by a citizen scientist in 2010 (Jeff Hall/NCWRC, pers. comm.).
Additional surveys of this reach of the Neuse River by NC State University are planned.
Due to the lack of documentation of this species in recent surveys in the project vicinity, the possibility that the
species may still be extant in the Neuse River within 1 mile downstream of the project area, and the proposed
avoidance of impacts to stream channels during project construction, we have determined that this project may
affect, but is not likely to adversely affect this species.
Carolina madtom
USFWS Recommended Survey Window: Undetermined
Biological Conclusion: May Affect, Not Likely to Adversely Affect
Potential Carolina madtom habitat within the project area includes Smith Creek. The study area is located within
the Range by Basin for this species. The USFWS IPaC official species list for this project, dated December 6, 2019,
includes the Carolina madtom and states that the project is not located within its proposed critical habitat. A
NCNHP data explorer report dated December 13, 2019 revealed no known occurrences of this species within 1
VHB Project No. 39030.01 Page 6 of 7
mile of the study area. Due to the lack of proposed impacts to streams associated with the project design, a fish
survey has not been conducted at this time. For the purpose of this evaluation, we assume that stream bed
impacts will be avoided as proposed.
Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream
channels during project construction, we have determined that this project may affect, but is not likely to
adversely affect this species.
Northern long-eared bat
USFWS Recommended Survey Window: June 1— August 15
Biological Conclusion: May Affect.
We are relying 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 our project -specific section 7
responsibilities.
Bald and Golden Eagle Protection Act
Bald eagle
Optimal Survey Window: year round; November— March (optimal to observe birds and nests); February— May
(optimal to observe active nesting)
Habitat Description: Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of
open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water.
Biological Conclusion: Not Required
A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius (1.0 mile plus 660
feet) of the project limits, was performed in November 2016 using 2013 color aerials. There are no water bodies
large enough and sufficiently open to be considered a potential feeding source within this radius. Because there
was no potentially suitable foraging habitat adjacent to the study area, no nest survey was conducted. A NCNHP
data explorer report, dated December 13, 2019, revealed no known occurrences of this species within 1 mile of the
study area. The proposed trail will utilize, to the extent practicable, existing cleared corridors such as sewer lines
and rights -of -way, avoiding tree clearing in those areas.
Due to the lack of suitable foraging habitat, the lack of known occurrences, and the minimal impact anticipated for
this project, we have determined that no Eagle Act permit is required.
VHB Project No. 39030.01 Page 7 of 7
Legend -�
Study Area, Phase 2 C
Study Area, Phase 3 L. Alt
t
- n
WAKE DR
F
V
Wyat
I _
FOA
10
0)
I Al
I `N
IV
z. / OTN_MfLLSiRD \
f � �o �, RAINO� �� `� �" / .��? :_1�I '
�SR 5104 -:11w
�. o h
CO
I R g S
d
Ra'gsciale� S.PJE o N S? SR 2054
PO i
ILA ' / N (0
OAROPN? .1 1 SR 2045 N
f J N
— SYR'S107 a 3664 h SR
z5/ o — �i SR-C1 2oS1
SR 4431
SR 2050
R?Q SR 2043 �
zoo
w N
/o 06
J nts C' N
INSET 1" = 10,000' A
Prepared By: Prepared For:
Fig. 1: USGS Topographic Map N
w if Smith Creek Greenway w ; L
%�� Wake County, NC
s
vlib T E W R T o= 2,0 2,000
2013 Wake Forest USGS Quadrangle
r" = z,000'
w.
_
l.
a
a
o
•
c m
d
y 3
N
• _
� y N
�•- N
N C C
r v
Y
� w w
O -O w
� ` L
fi• �
4
p c
O_
�q�fa
o
c m
I-- o d
lY• 1� � '1�� _ .. ca...
�
Ste'
Lp••
cc
cc
-
a� o
cc
R
•C U
_
7
r
E O
Z
0
c
3
a
.i 0
y U
T
�
w
� y
Y
�
o2S N
�
O
L N
Z
a
a c�
� Y
N L
N
-
`
LL N
•
LL
`
O
LL
0
CO
0
a
U
Co
`°
Cl)
v.
>
o
LL
>
m W
0
0
a
O
m
a`
U
O)
Q
E
N
}
N
co
O
T
'
00
C
O
_0
N
N
..0.
f6
U
@
-
C
J
O
od N
�
U
X
.�
M
-Z
00 CO
Q
Q
C
O
O N
a
o
0
°
E n
Ech
3`
�6
o
U
C
rn
"O N
"O h
M.
.o
A ` Y
LL LL
d
2
J m
a
o
�
r
IL
Smith Creek Greenway Phases 2 and 3
Site Photographs — Taken November 2016 and May 2017
Photo 1— Smith Creek — Aquatic Habitat at Burlington Mills Rd.
Photo 3 — Smith Creek — Aquatic Habitat at Existing Sewer
Crossing
N.FL(:M
T
4 Y f
J' aS
rf ✓ es
Photo 5—Typical Large Loblolly Pine in Mixed Pine -Hardwood
Stand, Cored at 74 years Old
Photo 2 — Smith Creek — Aquatic Habitat at Ligon Mill Rd.
Photo 4 — Smith Creek — Aquatic Habitat near Northern Project
Terminus
Photo 6—Typical Utility ROW within Project Area, Surveyed for
Michaux's Sumac
4 atil S, r% IN JLJ7+:
United States Department of the Interiors'" a r
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office ffiM,
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To: December 06, 2019
Consultation Code: 04EN2000-2017-SLI-0262
Event Code: 04EN2000-2020-E-00739
Project Name: Smith Creek Greenway
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 sea.).
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
12/06/2019 Event Code: 04EN2000-2020-E-00739 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/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/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.
12/06/2019 Event Code: 04EN2000-2020-E-00739
Attachment(s):
■ Official Species List
12/06/2019 Event Code: 04EN2000-2020-E-00739
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
12/06/2019 Event Code: 04EN2000-2020-E-00739 2
Project Summary
Consultation Code: 04EN2000-2017-SLI-0262
Event Code:
04EN2000-2020-E-00739
Project Name:
Smith Creek Greenway
Project Type:
TRANSPORTATION
Project Description:
Wake Forest, North Carolina - proposed greenway trail segment following
the Smith Creek corridor from south of Burlington Mills road to Heritage
High School. This Town of Wake Forest project now has federal funds
administered by NCDOT.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.92711333876195N78.53050652049706W
nil 'i d, U'^ek
Counties: Wake, NC
12/06/2019 Event Code: 04EN2000-2020-E-00739 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
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
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.
Birds
NAME STATUS
Red -cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Amphibians
NAME STATUS
Neuse River Waterdog Necturus lewisi Proposed
There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened
Species profile: https:Hecos.fws.gov/ecp/si2ecies/6772
Fishes
NAME
STATUS
Carolina Madtom Noturus furiosus Proposed
There is proposed critical habitat for this species. Your location is outside the critical habitat. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/528
12/06/2019 Event Code: 04EN2000-2020-E-00739 4
Clams
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni
Proposed
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Threatened
Species profile: https:Hecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/784
Flowering Plants
NAME
STATUS
Michaux's Sumac Rhus michauxii
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
■ man Roy Cooper. Governor
®i : NC DEPARTMENT CAE Susi Hamilton. Secretary
■mmum NATURAL AND CULTURAL RESOURCES
E ONE Walter Clark, Director, Land and Water Stewardship
NCNHDE-10926
December 13, 2019
David Cooper
VHB
Venture 1, 940 Main Campus Dr.
Raleigh, NC 27606
RE: Smith Creek Greenway Phase 2; 39030.01
Dear David Cooper:
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:
httgs://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.butler�ncdcr.aov or 919-707-8603,
Sincerely,
NC Natural Heritage Program
DEpAATM5NT OF NATUPAL AND CutTUraAL RESOU'PCES
a PALEK1,H_ N(' 21, 03 • 1651 MAIL '.!IC.:E CEld
4: n FAX
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Smith Creek Greenway Phase 2
Project No. 39030.01
December 13, 2019
N CN H DE-10926
Element Occurrences Documented Within Project Area
Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank
Amphibian 4373 Hemidactylium Four -toed Salamander 1996? H? 3-Medium --- Special GS S3
scutatum Concern
Natural Areas Documented Within Project Area
Site Name Representational Rating Collective Rating
Upper Neuse River Floodplain R2 (Very High) C4 (Moderate)
Managed Areas Documented Within Project Area
Managed Area Name = MKfW Owner Type
Town of Wake Forest Open Space Town of Wake Forest Local Government
INC Clean Water Management Trust Fund Funded INC DNCR, Clean Water Management Trust State
Project Fund
INC Clean Water Management Trust Fund Funded INC DNCR, Clean Water Management Trust State
Project Fund
Town of Wake Forest Greenway - Smith Creek
Town of Wake Forest
Local Government
Greenway
Town of Wake Forest Greenway - Smith Creek
Town of Wake Forest
Local Government
Greenway
Town of Wake Forest Greenway
Town of Wake Forest
Local Government
Town of Wake Forest Greenway
Town of Wake Forest
Local Government
Town of Wake Forest Greenway
Town of Wake Forest
Local Government
INC Department of Transportation Mitigation Site
INC Department of Transportation
State
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 httos //ncnhde.natureserve orq/content/help. Data query generated on December 13, 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
Smith Creek Greenway Phase 2
Project No. 39030.01
December 13, 2019
N CN H DE-10926
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Nameo Last Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank
Amphibian 4373 Hemidactylium Four -toed Salamander 1996? H? 3-Medium --- Special
scutatum Concern
Amphibian 446 Necturus lewisi Neuse River Waterdog 1980-07-11 H 3-Medium Proposed Special
Threatened
Dragonfly or 32043 Coryphaeschna ingens Regal Darner
Damselfly
Dragonfly or
26060
Gomphurus septima
Septima's Clubtail
Damselfly
Freshwater
29256
Alasmidonta undulata
Triangle Floater
Bivalve
Freshwater
36501
Elliptio roanokensis
Roanoke Slabshell
Bivalve
Freshwater
33429
Lampsilis radiata
Eastern Lampmussel
Bivalve
Vascular Plant
39145
Scutellaria nervosa
Veined Skullcap
Natural Areas Documented Within a One -mile Radius of the Project Area
2004-Pre
2012-05-03
2017-10-30
2016-07-27
2017-09-26
2019-05-10
H? 5-Very
Low
BC 3-Medium
E 3-Medium
E 3-Medium
E 3-Medium
BC 2-High
Site Name
Representational Rating
Collective Rating
Upper Neuse River Floodplain
R2 (Very High)
C4 (Moderate)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name
Owner
Owner Type
City of Raleigh Open Space
City of Raleigh
Local Government
Town of Wake Forest Open Space
Town of Wake Forest
Local Government
Wake County Open Space Easement
Wake County
Private
City of Raleigh Open Space - Future Park
City of Raleigh
Local Government
Town of Wake Forest Open Space
Town of Wake Forest
Local Government
City of Raleigh Greenway - Neuse River Greenway
City of Raleigh
Local Government
Town of Wake Forest Open Space - OS-078
Town of Wake Forest
Local Government
NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State
Project Fund
Page 3 of 5
Concern
Significantly
Rare
Significantly
Rare
Threatened
Special
Concern
Threatened
Endangered
G5 S3
G2 S2
G5 S2?
G2 S3
G4 S3
G3 S3
G5 S3
G5 S1
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name
Town of Wake Forest Open Space - OS-089
Town of Wake Forest
NC Clean Water Management Trust Fund Funded
NC DNCR, Clean Water Management Trust
Project
Fund
City of Oaks Foundation Greenway
City of Oaks Foundation
Town of Wake Forest Open Space
Town of Wake Forest
City of Raleigh Greenway - Neuse River Greenway
City of Raleigh
Town of Wake Forest Greenway - Smith Creek
Town of Wake Forest
Greenway
NC Clean Water Management Trust Fund Funded
NC DNCR, Clean Water Management Trust
Project
Fund
Town of Wake Forest Greenway - Smith Creek
Town of Wake Forest
Greenway
Town of Wake Forest Greenway
Town of Wake Forest
Town of Wake Forest Greenway - Smith Creek
Town of Wake Forest
Greenway
Town of Wake Forest Greenway - Sanford Creek
Town of Wake Forest
Greenway
NC Clean Water Management Trust Fund Funded
Project
Town of Wake Forest Greenway
Town of Wake Forest Greenway
Town of Wake Forest Open Space
Town of Wake Forest Greenway
Town of Wake Forest Open Space
NC Department of Transportation Mitigation Site
NC DNCR, Clean Water Management Trust
Fund
Town of Wake Forest
Town of Wake Forest
Town of Wake Forest
Town of Wake Forest
Town of Wake Forest
NC Department of Transportation
Owner Type
Local Government
State
Private
Local Government
Local Government
Local Government
State
Local Government
Local Government
Local Government
Local Government
State
Local Government
Local Government
Local Government
Local Government
Local Government
State
Definitions and an explanation of status designations and codes can be found at httips://ncnhde.natureserve.org/content/help. Data query generated on December 13, 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
December 13, 2019
Project Boundary
Buffered Project Boundary
,_`_j, NHP Natural Area (NHNA)
Managed Area (MAREA)
NCNHDE-10926: Smith Creek Greenway Phase 2
Page 5 of 5
5
i
�1c
�p Cree
o�k 3
ti
e
G
54 rt
c
�PQ
7
G
a
JQro
Lrlbe Liles Rd
1:29,747
0 0.25 0.5 1 mi
0 0.4 M 1.6 km
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO. USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan,
METI, Esri China (Hong Kong), (c) OpenStreelMap contributors, and the GIS
User Community
■ man Roy Cooper. Governor
®i : NC DEPARTMENT CAE Susi Hamilton. Secretary
■mmum NATURAL AND CULTURAL RESOURCES
E ONE Walter Clark, Director, Land and Water Stewardship
NCN H DE-10927
December 13, 2019
David Cooper
VHB
Venture 1, 940 Main Campus Dr.
Raleigh, NC 27606
RE: Smith Creek Greenway Phase 3; 39030.01
Dear David Cooper:
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:
httgs://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.butler�ncdcr.aov or 919-707-8603,
Sincerely,
NC Natural Heritage Program
DEpAATM5NT OF NATUPAL AND CutTUraAL PESOU'PCES
a PALEK1,H_ N(' 21, 03 • 1651 MAIL '.!IC.:E CEld
4: n FAX
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Smith Creek Greenway Phase 3
Project No. 39030.01
December 13, 2019
NCN H DE-10927
Element Occurrences Documented Within Project Area
Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank
Amphibian 4373 Hemidactylium Four -toed Salamander 1996? H? 3-Medium --- Special GS S3
scutatum Concern
Natural Areas Documented Within Project Area
Site Name Representational Rating Collective Rating
Upper Neuse River Floodplain R2 (Very High) C4 (Moderate)
Managed Areas Documented Within Project Area
Managed Area Name * ft Owner Type
Town of Wake Forest Open Space Town of Wake Forest Local Government
Town of Wake Forest Open Space - OS-078 Town of Wake Forest Local Government
INC Clean Water Management Trust Fund Funded INC DNCR, Clean Water Management Trust State
Project Fund
Town of Wake Forest Greenway - Smith Creek Town of Wake Forest Local Government
Greenway
INC Clean Water Management Trust Fund Funded
Project
Town of Wake Forest Greenway - Smith Creek
Greenway
Town of Wake Forest Greenway - Smith Creek
Greenway
Town of Wake Forest Greenway - Sanford Creek
NC DNCR, Clean Water Management Trust State
Fund
Town of Wake Forest Local Government
Town of Wake Forest
Town of Wake Forest
Local Government
Local Government
Greenway
INC Clean Water Management Trust Fund Funded INC DNCR, Clean Water Management Trust State
Project Fund
Town of Wake Forest Open Space Town of Wake Forest 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 httos://ncnhde.natureserve.org/content/help. Data query generated on December 13, 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
Smith Creek Greenway Phase 3
Project No. 39030.01
December 13, 2019
NCN H DE-10927
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic
EO ID Scientific Name Common Namey
Last
Element Accuracy Federal
State
Group
Observation
Occurrence Status
Status
Date
Rank
Amphibian
4373 Hemidactylium Four -toed Salamander
1996?
H? 3-Medium ---
Special
scutatum
Concern
Dragonfly or
32043 Coryphaeschna ingens Regal Darner
2004-Pre
H? S-Very ---
Significantly
Damselfly
Low
Rare
Natural Areas
Documented Within a One -mile Radius of the Project Area
Site Name
Representational Rom.. Collective Rating
Upper Neuse River Floodplain R2 (Very High)
C4 (Moderate)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name
Owner
Town of Wake Forest Open Space
Town of Wake Forest
Local Government
North American Land Trust Easement
North American Land Trust
Private
Town of Wake Forest Open Space - OS-078
Town of Wake Forest
Local Government
NC Clean Water Management Trust Fund Funded
NC DNCR, Clean Water Management Trust State
Project
Fund
Town of Wake Forest Greenway - Sanford Creek
Town of Wake Forest
Local Government
Greenway
NC Division of Mitigation Services Easement
NC DEQ, Division of Mitigation Services
State
Town of Wake Forest Greenway - Smith Creek
Town of Wake Forest
Local Government
Greenway
NC Clean Water Management Trust Fund Funded
NC DNCR, Clean Water Management Trust State
Project
Fund
Town of Wake Forest Greenway - Smith Creek
Town of Wake Forest
Local Government
Greenway
Town of Wake Forest Greenway - Smith Creek
Town of Wake Forest
Local Government
Greenway
Town of Wake Forest Greenway - Sanford Creek
Town of Wake Forest
Local Government
Greenway
NC Clean Water Management Trust Fund Funded
NC DNCR, Clean Water Management Trust State
Project
Fund
Page 3 of 5
Global State
Rank Rank
G5 S3
G5 S2?
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name
rr
Owner Type
Town of Wake Forest Greenway
Town of Wake Forest
Local Government
Town of Wake Forest Greenway
Town of Wake Forest
Local Government
Town of Wake Forest Open Space
Town of Wake Forest
Local Government
Town of Wake Forest Greenway
Town of Wake Forest
Local Government
Town of Wake Forest Open Space
Town of Wake Forest
Local Government
NC Department of Transportation Mitigation Site
NC Department of Transportation
State
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/content/help. Data query generated on December 13, 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
o`
E
r�
NCNHDE-10927: Smith Creek Greenway Phase 3
a
0
N
N Y.
0 (]
o�
I-- l < 5` - - - -
I C lie /
5
r
cS
o Clio
n g�ntp�d Creek
- J�JWS D/
L
•s'„ o a ,
_'
.� Qr
0
Hu'lington Its Rd
December 13, 2019
Project Boundary
Buffered Project Boundary
Q
NHP Natural Area (NHNA)
Managed Area (MAREA)
Page 5 of 5
1:27,950
0 0.225 0.45 0.9 mi
0 0.375 0.75 1.5 km
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NIL, Ordnance Survey, Esri Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Species Conclusions Table
Project Name: Smith Creek Greenway Phases 2 and 3
Date: December 13, 2019
Species / Resource Name
Conclusion
ESA Section 7 I
Notes / Documentation
Eagle Act
Determination
Bald eagle
Unlikely to disturb
No eagle act
No NCNHP records or suitable habitat within 1 mile. 2013 orthophoto used to look for
Haliaeetus leucocephalus
nesting bald eagles
permit required
potential foraging water bodies. No nesting habitat in site vicinity.
Michaux's sumac
Suitable habitat present,
No Effect
Low quality habitat within study area. Plant -by -plant survey conducted by qualified observer
Rhus michauxii
species not present
on May 3, 2017. No specimens found in study area. No NCNHP records within 1 mile.
Red -cockaded woodpecker
No suitable habitat
No NCNHP records within 1 mile. No foraging or nesting habitat present. Surrounding area
Picoides borealis
present
No Effect
within /z mile consists primarily of residential, commercial, and industrial development and
roadways.
May Affect, NotLikely
Dwarf wedgemussel
Low potential suitable
to Adversely
No NCNHP records within 1 mile. Known historic population approximately 11.5 miles away.
Alasmidonta heterodon
habitat present
Affect
No proposed project impacts to streams.
Tar River spinymussel
No suitable habitat
No Effect
No NCNHP records within 1 mile. Not within Range by Basin for this species.
Parvaspina steinstansana
present.
Yellow lance
Elliptio lanceolata
No suitable habitat
present.
No Effect
No NCNHP records within 1 mile. Not within Range by Basin for this species.
Cape Fear shiner
Notropis mekistocholas
No suitable habitat
present.
No Effect
No NCNHP records within 1 mile. Not within Range by Basin for this species.
May Affect, Not
Atlantic pigtoe
Low potential suitable
Likely to Adversely
No NCNHP records within 1 mile. Known historic population approximately 14 miles away.
Fusconaia masoni
habitat present
Affect
No proposed project impacts to streams.
May Affect, Not
Carolina m
Noturus furiosus iosus
Low potential suitable
habitat present
Likely to Adversely
No NCNHP records within 1 mile. No proposed project impacts to streams.
Affect
May Affect, Not
Neuse River waterdog
Nectucturus lewisi
Low potential suitable
habitat present
Likely to Adversely
Existing historic NCNHP record within 1 mile. No proposed project impacts to streams.
Affect
Critical habitat
No critical habitat present
No Effect
N/A
Relying on the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule
Northern long-eared bat
Habitat present
May Affect
on the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our
project -specific section 7 responsibilities.
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.
David G. Cooper,
Senior Environmental Scientist
Signature /Title
12/13/2019
Date
'NT OF r�€! FIERBa� LDLIFE
�5 CE
United States Department of the Interior
FISH AND WILDLIFE SERVICE AIR ' r,4
CH3�
Project Name
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: 1 2/13/2019
Self -Certification Letter
Smith Creek Greenway Phases 2-3
Dear Applicant:
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
✓❑ "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.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleighgfws.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