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HomeMy WebLinkAbout20200154 Ver 1_Bio Assessment Memo 5_18_2019 with attachments_20200127 Memorandum To: Alaina McCurdy, USEPA WIFIA Program From: Jason Hales, PWS, CDM Smith Date: May 17, 2019 Subject: Biological Assessment - Brunswick County Northwest Water Treatment Plant (NWTP) Upgrade and Expansion Project Introduction This Biological Assessment (BA), prepared by CDM Smith on behalf of Brunswick County Public Utilities for the Northwest Water Treatment Plant (NWTP) Upgrade and Expansion Project, addresses the proposed action in compliance with Section 7 of the Endangered Species Act (ESA) of 1973 (Title 16 United States Code [U.S.C.] § 1536 (c)), as amended. Section 7 of the ESA requires that, through consultation (or conferencing for proposed species) with the U.S. Fish and Wildlife Service (USFWS), federal actions do not jeopardize the continued existence of any threatened, endangered, or proposed species or result in the destruction or adverse modification of critical habitat. Not all threatened and endangered species that occur in North Carolina are subject to section 7 consultation with the USFWS. Atlantic and shortnose sturgeon, sea turtles, when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. This Biological Assessment evaluates the potential effects of the proposed project on species that are listed under Section 7 of the ESA. A field reconnaissance survey for federally protected threatened and endangered species was conducted for the proposed NWTP upgrade and expansion project in Leland, North Carolina (Figure 1). Project Description The project study area (PSA) included the water treatment plant (WTP) site, proposed raw water transmission main corridor from the existing Lower Cape Fear Water and Sewer Authority raw water main to the WTP, and along the proposed concentrate discharge pipeline corridor and outfall to the Cape Fear River (Figure 2). Existing Environment Habitat and land use types within the PSA include paved roadways, maintained right-of-ways, utility lines and maintained easements, residences, uplands, wetlands, streams and the Cape Fear River. Forested uplands along the raw water main, at the WTP and along the concentrate discharge pipeline corridor contain primarily immature stands of loblolly pine, long leaf pine, water oak, Page 2 sweet gum, red maple and tulip poplar. Most of these areas are in active silviculture production. Adjacent to the Cape Fear River are stands mature red oak species with a few mature loblolly pines. Wetlands include areas of high pocosin along the raw water main corridor, Clearwell Drive and on the northern property; bay forest in the Carolina bays on Mt. Misery Road; coastal plain small stream swamp adjacent to the stream features crossing Hooper Road and on the northern property; and emergent wetlands in maintained areas in the road right-of-ways and along the raw water main corridor. The remaining portion of the alignment is outside of wetlands, and the property consists of wooded land and residences. The high pocosin has a dense undergrowth of fetter-bush, large gallberry, ink berry and blueberry with a sparse canopy of loblolly pine, pond pine and laurel bay. The bay forest contains a sparse understory with thick greenbrier and a dense canopy of young red maples, loblolly pine and sweet gum. The coastal plain small stream swamp consists of mostly hardwood trees including black gum, water oaks, red maples, along with some cane, and ferns. The emergent wetlands contain species of rush and various grasses. The wooded land consists of planted pine species, ranging from approximately twenty years to forty years in age. Open to moderately dense understory vegetation consisting of mostly young pine trees and oaks was observed within the wooded land. Representative photos are included. Federally Protected Resources A list of threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of the proposed project and/or may be affected by the proposed project was provided for the survey area by the USFWS through the ECOS-IPaC system on April 4th, 2019 (Attachment A). A field reconnaissance survey for the USFWS federally protected threatened and endangered species on the list was conducted by CDM Smith within the project area on January 4th and 17th, 2019 and March 4th and 14th, 2019. Species that are endangered (E), threatened (T), candidate (C) and/or threatened due to similarity of appearance (SAT) on the list provided for the survey area is summarized in Table 1 below. Table 1. USFWS Species List for the NWTP Upgrade and Expansion Project - April 4th, 2019 Group Common Name Scientific Name Status Mammals West Indian Manatee Trichechus manatus Threatened Birds Piping Plover Charadrius melodus Threatened Red Knot Calidris canutus rufa Threatened Red-cockaded Woodpecker Picoides borealis Endangered Wood Stork Mycteria americana Threatened Reptiles American Alligator Alligator mississippiensis SAT Page 3 Green Sea Turtle Chelonia mydas Threatened Hawksbill Sea Turtle Eretmochelys imbricata Endangered Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered Leatherback Sea Turtle Dermochelys coriacea Endangered Loggerhead Sea Turtle Caretta caretta Threatened Snails Magnificent Ramshorn Planorbella magnifica Candidate Flowering Plants Cooley’s Meadowrue Thalictrum cooleyi Endangered Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered Seabeach Amaranth Amaranthus pumilus Threatened Results The following outlines the findings from the field reconnaissance. Mammals West Indian Manatee USFWS Recommended Survey Window: April 1 to July 31 Species Description: Most adult Manatees are about 10 feet long and weigh 800 to 1,200 pounds, although some larger than 12 feet and weighing as much as 3,500 pounds have been recorded. These “gentle giants” have tough, wrinkled brown-to-gray skin that is continuously being sloughed off. Hair is distributed sparsely over the body. With stiff whiskers around its mouth, the manatee’s face looks like a walrus without tusks. Habitat: Manatees move between freshwater, brackish, and saltwater environments. They prefer large, slow-moving rivers, river mouths, and shallow coastal areas such as coves and bays. The animals may travel great distances as they migrate between winter and summer grounds. During the winter, Manatees congregate around warm springs and around power plants that discharge warm water. During summer months, they have occasionally been seen as far north as Virginia and Maryland. Effects: Suitable habitat for the West Indian manatee is not present in the project area. The proposed project will have no effect on this species. Page 4 Biological Conclusion: no effect Birds Piping Plover (Charadrius melodus) – Threatened USFWS Recommended Survey Window: year-round. Species Description: The Piping Plover is a small, stocky shorebird resembling a sandpiper. The adults weigh 1.5 to 2 ounces, have a length of 7 inches, and a wingspread of 15 inches. Both sexes are similar in size and color; upper parts are pale brownish, underparts are white. A black band across the forehead over the eye, and a black ring around the base of the neck are distinguishing marks in adults during the summer that are obscure during the winter. Habitat Assessment: Piping Plovers nest along the sandy beaches of the Atlantic Coast, the gravelly shorelines of the Great Lakes, and on river sandbars and alkali wetlands throughout the Great Plains region. They prefer to nest in sparsely vegetated areas that are slightly raised in elevation (like a beach berm). Piping Plover breeding territories generally include a feeding area; such as a dune pond or slough, or near the lakeshore or ocean edge. These birds are primarily coastal during the winter, preferring areas with expansive sand or mudflats (feeding) in close proximity to a sandy beach (roosting). Effects: Suitable habitat for the Piping Plover is not present in the project area. The proposed project will have no effect on this species. Biological Conclusion: no effect Red Knot (Calidris canutus rufa) – Threatened USFWS Recommended Survey Window: year-round. Species Description: The Red Knot is 25-28 cm in length. Adults in spring are finely mottled with grays above, black and light ochre, running into stripes on crown; throat, breast and sides of head cinnamon-brown; dark gray line through eye; abdomen and undertail coverts white; uppertail coverts white, barred with black. Adults in winter are pale ashy gray above, from crown to rump, with feathers on back narrowly edged with white; underparts white, the breast lightly streaked and speckled, and the flanks narrowly barred with gray. Adults in autumn the underparts of some individuals show traces of the "red" of spring. Habitat Assessment: The Red Knot is a large sandpiper characterized by reddish head and breast during breeding plumage and gray the remaining year. They average 9-10 inches in length with wingspans of 20-22 inches. They make one of the longest known migrations that extend upwards of 9,300 miles from the Artic to southern South America. They breed in dry tundra areas and are found along intertidal, marine habitats (i.e. coastal inlets, estuaries, and bays) the remaining time. Page 5 Effects: Suitable habitat for the Red Knot is not present in the project area. The proposed project will have no effect on this species. Biological Conclusion: no effect Red-cockaded woodpecker (Picoides borealis) – Endangered USFWS Recommended Survey Window: April 1 to July 31 Species Description: The red-cockaded woodpecker (RCW) is a small black-and-white woodpecker with black wings, a black cap, a dull white breast with small black spots, and a barred, black-and- white back; conspicuous large white cheek patch on each side of the head; red streaks ("cockades") on either side of the head of adult males barely are visible; small white spots arranged in horizontal rows along the back convey a "ladder-back" appearance. Habitat: RCW typically occupy open, mature stands of southern pines, particularly longleaf pine, for foraging and nesting/roosting habitat. RCW excavate cavities for nesting and roosting in living pine trees, aged 60 years or older, and which are contiguous with pine stands at least 30 years of age to provide foraging habitat. Suitable foraging habitat consists of large mature pines with little or no mid-story and abundant herbaceous ground cover including native bunchgrasses and forbs. The historical range of this species included Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Texas and Virginia. Effects: Suitable foraging habitat is present for RCW in the form of young longleaf pine stands. However, no suitable nesting habitat was present within the study area or contiguous to the stands within the study area. Stands within and adjacent to the source line, the treatment plant and along the discharge corridor are immature and contain a substantial understory component. The proposed route is primarily with in the roadway right-of-way corridor, with minimal tree clearing. The proposed project will have no effect on this species. Biological Conclusion: no effect Wood Stork (Mycteria americana) – Threatened USFWS Recommended Survey Window: June – September Species Description: Wood storks are large, long-legged wading birds, about 5O inches tall, with a wingspan of 60 to 65 inches. The plumage is white except for black primaries and secondaries and a short black tail. The head and neck are largely un-feathered and dark gray in color. The bill is black, thick at the base, and slightly decurved. Immature birds are dingy gray and have a yellowish bill. Habitat: Wood storks typically nest in the upper branches of black gum or cypress trees that are in standing water. Standing water deters mammalian predators and is an essential element of colony sites. Wood storks require open access to nest trees and are frequently found in trees adjacent to open water areas. Wood storks frequently feed in large groups in open wetlands where prey Page 6 species are available and water depths are less than 20 inches. Forested riverine floodplain habitats are frequently used, but a variety of ponds, ditches and diked marsh impoundments are important habitats. Effects: The shoreline of the Cape Fear River could provide foraging habitat for wood storks in the project area. The Cape Fear River is a relatively high flow system and contains deep water along the bank in the project area. This habitat is not optimal foraging habitat for wood storks. Potential impacts to the shoreline of the Cape Fear River would be limited in size and duration for the discharge pipe installation. Abundant higher quality wood stork foraging habitat is available in the slower, shallower waters of the smaller tributary streams off the main river channel. The proposed project will have no effect on this species. Biological Conclusion: no effect Reptiles American Alligator (Alligator mississippiensis) - Similarity of Appearance (Threatened) USFWS Recommended Survey Window: year-round (only warm days in winter) Species Description: The American alligator is a large, semi-aquatic, armored reptile that is related to crocodiles. Their body alone ranges from 6 - 14 feet long. Almost black in color, it has prominent eyes and nostrils with coarse scales over the entire body. It has a large, long head with visible upper teeth along the edge of the jaws. Its front feet have 5 toes, while rear feet have 4 toes that are webbed. Habitat Assessment: American alligators inhabit fresh and brackish marshes, ponds, lakes, rivers, swamps, bayous, canals, and large spring runs. They often bask on partially submerged logs or on land next to the water. Alligators dig dens in river or lake margins or in marshes; they spend cold winter and drought periods in the den. Effects: The American alligator is listed as Threatened due to its similarity in appearance to the American crocodile, which is extremely rare and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. The proposed project will have no effect on this species. Biological Conclusion: no effect Green Sea Turtle (Chelonia mydas) – Threatened USFWS Recommended Survey Window: April – August Species Description: The green sea turtle grows to a maximum size of about 4 feet and a weight of 440 pounds. It has a heart-shaped shell, small head, and single-clawed flippers. Color is variable. Hatchlings generally have a black carapace, white plastron, and white margins on the shell and Page 7 limbs. The adult carapace is smooth, keelless, and light to dark brown with dark mottling; the plastron is whitish to light yellow. Adult heads are light brown with yellow markings. Identifying characteristics include four pairs of costal scutes, none of which borders the nuchal scute, and only one pair of prefrontal scales between the eyes. Habitat Assessment: Green sea turtles are generally found in fairly shallow waters (except when migrating) inside reefs, bays, and inlets. The turtles are attracted to lagoons and shoals with an abundance of marine grass and algae. Open beaches with a sloping platform and minimal disturbance are required for nesting. Green sea turtles apparently have a strong nesting site fidelity and often make long distance migrations between feeding grounds and nesting beaches. Hatchlings have been observed to seek refuge and food in Sargassum rafts. Effects: Suitable habitat for green sea turtles is not present in the project area. The proposed project will have no effect on this species. Biological Conclusion: no effect Hawksbill Sea Turtle (Eretmochelys imbricate) – Endangered USFWS Recommended Survey Window: April – August Species Description: The Hawksbill sea turtle is one of seven species of sea turtles found throughout the world. One of the smaller sea turtles, it has overlapping scutes (plates) that are thicker than those of other sea turtles. This protects them from being battered against sharp coral and rocks during storm events. Adults range in size from 30 to 36 inches (0.8-1.0 meters) carapace length and weigh 100 to 200 pounds (45-90 kilograms). Its carapace (upper shell) is an attractive dark brown with faint yellow streaks and blotches and a yellow plastron (under shell). The name "hawksbill" refers to the turtle's prominent hooked beak. Habitat Assessment: The Hawksbill sea turtle is highly migratory and utilize the waters of more than one country in their lifetimes. Thus, they share resources among many nations. Hawksbill Sea Turtles regularly nest on beaches within the U.S. and all depend upon U.S. coastal waters for foraging and migratory habitat during certain stages of their life history. Effects: Suitable habitat for Hawksbill sea turtles is not present in the project area. The proposed project will have no effect on this species. Biological Conclusion: no effect Kemp's Ridley Sea Turtle (Lepidochelys kempii) – Endangered USFWS Recommended Survey Window: April – August Species Description: The Kemp's Ridley turtle is the smallest of the sea turtles, with adults reaching about 2 feet in length and weighing up to 100 pounds. The adult Kemp's Ridley has an oval carapace Page 8 that is almost as wide as it is long and is usually olive-gray in color. The carapace has five pairs of costal scutes. In each bridge adjoining the plastron to the carapace, there are four inframarginal scutes, each of which is perforated by a pore. The head has two pairs of prefrontal scales. Hatchlings are black on both sides. The Kemp's Ridley has a triangular-shaped head with a somewhat hooked beak with large crushing surfaces. This turtle is a shallow water benthic feeder with a diet consisting primarily of crabs. Habitat Assessment: Kemp’s Ridley sea turtles occur in the Atlantic Ocean and the Gulf of Mexico. The females come ashore only to lay eggs. Effects: Suitable habitat for Kemp’s Ridley sea turtles is not present in the project area. The proposed project will have no effect on this species. Biological Conclusion: no effect Leatherback Sea Turtle (Dermochelys coriacea) – Endangered USFWS Recommended Survey Window: April – August Species Description: The Leatherback sea turtle is the largest, deepest diving, and most migratory and wide ranging of all sea turtles. The adult leatherback sea turtle can reach 4 to 8 feet in length and 500 to 2000 pounds in weight. Its shell is composed of a mosaic of small bones covered by firm, rubbery skin with seven longitudinal ridges or keels. The skin is predominantly black with varying degrees of pale spotting; including a notable pink spot on the dorsal surface of the head in adults. A toothlike cusp is located on each side of the gray upper jaw; the lower jaw is hooked anteriorly. The paddle-like clawless limbs are black with white margins and pale spotting. Habitat Assessment: The Leatherback sea turtle is highly migratory and utilize the waters of more than one country in their lifetimes. Thus, they share resources among many nations. Leatherback sea turtles regularly nest on beaches within the U.S. and all depend upon U.S. coastal waters for foraging and migratory habitat during certain stages of their life history. Effects: Suitable habitat for Leatherback sea turtles is not present in the project area. The proposed project will have no effect on this species. Biological Conclusion: no effect Loggerhead Sea Turtle (Caretta caretta) – Threatened USFWS Recommended Survey Window: April – August Species Description: Loggerhead sea turtles were named for their relatively large heads, which support powerful jaws and enable them to feed on hard-shelled prey, such as whelks and conch. The carapace (top shell) is slightly heart-shaped and reddish-brown in adults and sub-adults, while the plastron (bottom shell) is generally a pale yellowish color. The neck and flippers are usually dull Page 9 brown to reddish brown on top and medium to pale yellow on the sides and bottom. Weight of adults in the southeastern U.S. is approximately 250 lbs (113 kg). Habitat Assessment: The Loggerhead sea turtle is highly migratory and utilize the waters of more than one country in their lifetimes. Thus, they share resources among many nations. Loggerhead sea turtles regularly nest on beaches within the U.S. and all depend upon U.S. coastal waters for foraging and migratory habitat during certain stages of their life history. Effects: Suitable habitat for Loggerhead sea turtles is not present in the project area. The proposed project will have no effect on this species. Biological Conclusion: no effect Snails Magnificent Ramshorn (Planorbella magnifica) – Candidate USFWS Recommended Survey Window: year-round. Species Description: The magnificent ramshorn is a freshwater snail. It has relatively thin brown to horn colored shell with leopard-like spots and is thin and fragile. The center of the shell is deeply sunken on each side, with coils having steep slopes which form acute to sub-acute angles on the outside edges of the coils. The aperture of the shell is somewhat bell-shaped and very wide, extending beyond the sides of the shell. Habitat Assessment: The magnificent ramshorn is believed to be a southeastern North Carolina endemic. Available information indicates that suitable habitat for the species is restricted to relatively shallow, sheltered portions of still or sluggish, freshwater bodies with an abundance and diversity of submerged aquatic vegetation. The species is known from only four sites in the lower Cape Fear River Basin in North Carolina, all ponds with floating aquatic vegetation, Orton Pond, Greenfield Lake, a millpond on Sand Hill Creek in Brunswick County and possibly a captive, refuge population created by Dr. Andy Woods UNCW. The last observed living specimen in the wild was in Orton Pond in 1986. Effects: Suitable habitat for the Magnificent Ramshorn is not present in the project area. The proposed project will have no effect on this species. Biological Conclusion: no effect Page 10 Plants USFWS Recommended Survey Window: mid-June through early July Cooley’s Meadowrue (Thalictrum cooleyi) – Endangered Species Description: Cooley's meadowrue is a perennial herb which grows from a rhizome. The stems are usually 3.3 feet in height, but sometimes grow as high as 6.6 ft on recently burned sites. Under ideal conditions, in full sun, these stems are erect; however, when shaded they are lax and may trail along the ground or lean on other plants. The compound green leaves are divided into three parts and the leaflets are lance-shaped and less than 2 centimeters long. The plant has both basal and stem leaves. All parts of the plant are glabrous, having virtually no hairs or glands. Each plant is unisexual, and the male to female ratio is 3 to 1. The flowers have no petals. The sepals on the male plants are pale yellow to white. There are numerous stamens, and the filaments are pale lavender. Female plants have green sepals, and their short-stalked, ribbed carpels develop into narrowly ellipsoidal achenes. Cooley's meadowrue flowers in mid-June to early July. The fruits are spindle-shaped carpels which develop into 6 millimeter long achenes, maturing in August or September, and remaining on the plant into October. If the plants grow in partial shade instead of full sun, flowering may be delayed by as much as two weeks. Habitat Assessment: Cooley's meadowrue, occurs in circumneutral soils in sunny, moist to wet grass-sedge bogs, wet-pine savannas over calcareous clays, and savannah-like areas, often at the ecotones of intermittent drainages or non-riverine swamp forests. This rhizomatous perennial herb is also found along plowed firebreaks, roadside ditches and rights-of-way, forest clearings dominated by grass or sedge, and power line or utility rights-of-way. The species requires some type of disturbance (e.g., mowing, clearing, periodic fire) to maintain its open habitat. The plant typically occurs on slightly acidic (pH 5.8-6.6) soils that are loamy fine sand, sandy loam, or fine sandy loam; at least seasonally moist or saturated. Plants often found growing with Cooley’s meadowrue include tulip poplar bald cypress and Atlantic white cedar. Foreston, Grifton, Muckalee, Torhunta, and Woodington are some of the soil series in which that the plant occurs. Effects: Ecotones of intermittent drainages and non-riverine swamp forests, including bay forest and pocosin; roadside ditches and rights-of-way; and power line or utility rights-of-way are present in the project area. The ecotone transitions are in mapped upland and wetland fine sandy soils. Two intermittent drainages with wetlands are located along the source line. The wetlands are emergent and maintained as a right-of-way. Two similar intermittent drainages are located on Clearwell Drive. These drainages have emergent wetlands in the right-of-way along Clearwell Drive and pocosin vegetation beyond the right-of-way. In between Clearwell Drive and Hooper Road, Mt. Misery Road crosses two bay forests with emergent wetlands in the right-of-way and forested wetlands to the south. On Hooper Road, there is a perennial drainage with forested bottomland hardwood wetlands. The northern property has two intermittent drainages with adjacent bottomland hardwood wetlands. The adjacent bottomland hardwood wetlands grade uphill into Page 11 pocosin wetlands. These areas are potential habitat for Cooley's meadowrue. No individuals of Cooley's meadowrue were observed during the species habitat survey conducted in January and March 2019 for this project. Therefore, the proposed project may affect, but is not likely to adversely affect this species. Biological Conclusion: may affect, but is not likely to adversely affect Rough-leaved Loosestrife (Lysimachia asperulaefolia) – Endangered USFWS Recommended Survey Window: mid-May through June Species Description: Rough-leaved loosestrife is a perennial herb that grows 30 - 60 cm tall. The triangular shaped leaves are often opposite on shorter stems (less than 30 cm tall) and tend to be arranged in whorls of three or four encircling taller stems. The leaves are widest at the base (0.8 - 2.0 cm wide) and have three prominent veins. Contrary to the common name, the leaf surfaces are smooth to the touch. The yellow flowers are 1.5 cm across with yellow-orange anthers and occur on terminal racemes that are 3 - 10 cm long. Flowering occurs from mid-May through June, with fruits (capsules) present from July through October. Since only a few stems in each population flower in any given year, surveyors should look for the leaves rather than yellow flowers. Stipitate glands are usually present on most parts of the plant. Habitat Assessment: Rough-leaved loosestrife, endemic to the Coastal Plain and Sandhills of North and South Carolina, generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins (areas of dense shrub and vine growth usually on a wet, peaty, poorly drained soil) on moist to seasonally saturated sands and on shallow organic soils overlaying sand. Rough- leaved loosestrife has also been found on deep peat in the low shrub community of large Carolina bays. The grass-shrub ecotone, where Rough-leaved loosestrife is found, is fire-maintained, as are the adjacent plant communities (longleaf pine - scrub oak, savanna, flatwoods, and pocosin). Suppression of naturally-occurring fire in these ecotones results in shrubs increasing in density and height and expanding to eliminate the open edges required by this plant. Several populations are known from roadsides and power line rights of way where regular maintenance mimics fire and maintains vegetation so that herbaceous species are open to sunlight. Blaney, Gilead, Johnston, Kalmia, Leon, Mandarin, Murville, Torhunta, and Vaucluse are some of the soil series in which the plant occurs. Effects: The ecotones habitats in the project area discussed above for rough-leaved loosestrife are potential habitat for Rough-leaved loosestrife. The upland ridges associated with these areas are mapped Baymeade soils. Baymeade and other xeric sandy soils are associated with long leaf pine communities. Though not the dominant species, long leaf pines are present in some upland communities of the ecotones. No individuals of rough-leaved loosestrife were observed during the species habitat survey conducted in January and March 2019 for this project. Therefore, the proposed project may affect, but is not likely to adversely affect this species. Page 12 Biological Conclusion: may affect, but is not likely to adversely affect Seabeach Amaranth (Amaranthus pumilus) – Threatened USFWS Recommended Survey Window: July through October Species Description: Seabeach amaranth is an annual plant found on the dunes of Atlantic Ocean beaches. The stems are fleshy and pinkish-red or red, with small rounded leaves. The leaves, with indented veins, are clustered toward the tip of the stem and have a small notch at the rounded tip. Flowers and fruits are relatively inconspicuous, borne in clusters along the stems. Germination occurs over a relatively long period of time, generally from April to July. Upon germination, the species forms a small unbranched sprig, but soon begins to branch profusely into a clump. This clump often reaches 30 cm in diameter and consists of five to 20 branches. Occasionally, a clump may get as large as a meter or more across, with 100 or more branches. Habitat Assessment: Seabeach amaranth occurs on barrier island beaches, where its primary habitat consists of overwash flats at accreting ends of islands and lower foredunes and upper strands of non-eroding beaches. It occasionally establishes small temporary populations in other habitats, including sound-side beaches, blowouts in foredunes, and sand and shell material placed as beach replenishment or dredge spoil. Seabeach amaranth appears to be intolerant of competition and does not occur on well-vegetated sites. The species appears to need extensive areas of barrier island beaches and inlets, functioning in a relatively natural and dynamic manner. These characteristics allow it to move around in the landscape as a fugitive species, occupying suitable habitat as it becomes available. Effects: Suitable habitat for the seabeach amaranth is not present in the project area. The proposed project will have no effect on this species. Biological Conclusion: no effect Critical Habitat Critical habitat within the boundary of the proposed project area under USFWS jurisdiction were not listed on April 4th, 2019 letter provided for the survey area by the USFWS. Conclusions and Determination Rough-leaved loosestrife and Cooley's meadowrue are the only species which may be affected by the proposed project. For both species, although no individuals were identified during the survey, the plants were past their seasonal flowering stage (spring). The proposed project is designed primarily within the existing road right-of-way and potential impacts to un maintained areas will be the minimum for the treatment plant upgrade and expansion project. Trenchless construction methods will also be used to cross stream and wetland areas where practicable. Therefore, the proposed project may affect, but is not likely to adversely affect these species. None of the species Page 13 on the list provided by the USFWS for the survey area on April 4th, 2019 were seen during the on- site survey. Based on minimal planned impacts and no observations of the listed species during the field survey, the proposed action will not adversely affect any threatened or endangered species or critical habitats currently listed by the USFWS. Completed by: 5/18/19 Jason Hales, PWS, CDM Smith Biologist Date Attachments: Photographs Figure 1. Project Vicinity Map Figure 2. Project Study Area Map USFWS IPaC Report Letter, April 4th, 2019 Page 14 Photographs Photo 1: Cape Fear River and upland community in northern portion of the project area. Photo 2: Small stream and adjacent small stream swamp wetlands in northern portion of the project area. Page 15 Photo 3: Forested uplands in northern portion of the project area. Photo 4: High pocosin in central portion of the project area. Page 16 Photo 5: Bay forest on Mt. Misery Road in central portion of the project boundary. Photo 6: Emergent wetlands near the treatment plant. ³Figure 1. Project Vicinity mapNorthwest W TP Expansion SiteBrunswick County, North CarolinaCDM Project No. 23266202468101Miles Project Location Leland ³Figure 2. Project Study Area mapNorthwest W TP Expansion SiteBrunswick County, North CarolinaCDM Project No. 232662 0 1,700 3,400850 Feet Leg en d NWTP PSA Discharge Route United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2019-SLI-0736 Event Code: 04EN2000-2019-E-01664 Project Name: Northwest Water Treatment Plant 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 species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally-protected species list, information on the species' life histories and habitats and information on completing a biological assessment or April 04, 2019 04/04/2019 Event Code: 04EN2000-2019-E-01664   2    evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 04/04/2019 Event Code: 04EN2000-2019-E-01664   3    Attachment(s): ▪Official Species List 04/04/2019 Event Code: 04EN2000-2019-E-01664   1    Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 04/04/2019 Event Code: 04EN2000-2019-E-01664   2    Project Summary Consultation Code:04EN2000-2019-SLI-0736 Event Code:04EN2000-2019-E-01664 Project Name:Northwest Water Treatment Plant Project Type:WATER SUPPLY / DELIVERY Project Description:Expansion of the Brunswick County Northwest Water Treatment Plant to allow greater removal of emerging contaminants (e.g., GenX, Nafion Byproducts 1 and 2, other perfluoroalkyl substances (PFAS), and numerous other contaminants) that can be found in the source raw water. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/34.31762438272368N78.08880602792922W Counties:Brunswick, NC 04/04/2019 Event Code: 04EN2000-2019-E-01664   3    Endangered Species Act Species There is a total of 15 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS West Indian Manatee Trichechus manatus There is final critical habitat for this species. Your location is outside the critical habitat. This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements. Species profile: https://ecos.fws.gov/ecp/species/4469 Threatened 1 04/04/2019 Event Code: 04EN2000-2019-E-01664   4    Birds NAME STATUS Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6039 Threatened Red Knot Calidris canutus rufa No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1864 Threatened Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered Wood Stork Mycteria americana Population: AL, FL, GA, MS, NC, SC No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8477 Threatened 04/04/2019 Event Code: 04EN2000-2019-E-01664   5    Reptiles NAME STATUS American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 Similarity of Appearance (Threatened) Green Sea Turtle Chelonia mydas Population: North Atlantic DPS No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6199 Threatened Hawksbill Sea Turtle Eretmochelys imbricata There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/3656 Endangered Kemp's Ridley Sea Turtle Lepidochelys kempii There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/5523 Endangered Leatherback Sea Turtle Dermochelys coriacea There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1493 Endangered Loggerhead Sea Turtle Caretta caretta Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1110 Threatened Snails NAME STATUS Magnificent Ramshorn Planorbella magnifica No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6216 Candidate 04/04/2019 Event Code: 04EN2000-2019-E-01664   6    Flowering Plants NAME STATUS Cooley's Meadowrue Thalictrum cooleyi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3281 Endangered Rough-leaved Loosestrife Lysimachia asperulaefolia No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2747 Endangered Seabeach Amaranth Amaranthus pumilus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8549 Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.