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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P-O- Box 33726
Raleigh, NC 27636-3726
late:21412020
Self -Certification Letter
Project Name HUB RTP Off -site Sewer
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
R1proposed/designated critical habitat; and/or
WI"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 Raleigh(c�r7,fws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package

PROTECTED SPECIES ASSESSMENT > RTF-18060
2905 Meridian Parkway, Durham, NC 27713 / 919. 361. 5000 creating experiences through experience
February 4, 2020

Raleigh Ecological Services Field Office
U.S. Fish and Wildlife Service
Via [e-mail]

RE: Protected Species Assessment
HUB RTP Off-site Sewer
Research Triangle Park, Durham County, NC

To Whom it May Concern:

McAdams conducted a protected species assessment for the proposed HUB RTP Off-site Sewer project in support of
an anticipated application for a Section 404 Clean Water Act permit. The Research Triangle Park proposes to
construct a sanitary sewer in the 27-acre project area that will service a multi-use development.

Figure 1 depicts the location of the project study area on the US Geological Survey (USGS) SE Durham, NC 7.5-
minute quadrangle topographic map. Figure 2 shows the location of the project study area on the Web Soil Survey
map. White Store sandy loam occupies much of the study area. Approximately 70 percent of the project area is
comprised of maintained vegetation and fescue grasses in the existing sanitary sewer easement. The remaining 30
percent of the project area is forested with a mixture of oak, hickory, and pine species dominating the canopy layer.
Figure 3 depicts the subject property on an aerial photograph of the area and Figure 4 depicts the surface water
features on the site.

McAdams staff accessed the USFWS web page (http://www.fws.gov/endangered/) and the Natural Heritage virtual
workroom (http://www.ncnhp.org/web/nhp/nhp-map-viewer) on June 16, 2016 to determine if the project would
impact Endangered Species or Designated Critical Habitat. At that time, smooth coneflower (Echinacea laevigata) and
Michaux’s sumac (Rhus michauxii) were identified as federally-listed species that occurred in Durham County. On
January 28, 2020, McAdams used the US Fish and Wildlife (USFWS) Information for Planning and Consultation (IPaC)
website to obtain an updated list of threatened and endangered species that may occur in the proposed project
location and/or may be affected by the proposed project. This process generated an Official Species List that is
summarized in Table 1. Atlantic pigtoe (Fusconaia masoni) has been proposed as a threatened species since the initial
project review in 2016. No Critical Habitats were identified within or within the vicinity of the project area. A list of
natural heritage resources was obtained from the NC Natural Heritage Program (NCNHP) on January 28, 2020. No
records for federally rare or endangered species, important natural communities or natural areas were identified
within the project study area. Conservation/managed areas within the project study area include a NCDOT mitigation
site as depicted on the attached annotated Natural Heritage Map.

PROTECTED SPECIES ASSESSMENT > RTF-18060
creating experiences through experience 2 of 6
Table 1. Federally Protected Species That May Be Within the Project Study Area
(1/28/2020)
Scientific Name Common Name Federal Status
Clams
Fusconaia masoni Atlantic Pigtoe Proposed Threatened
Flowering Plants
Echinacea laevigata Smooth Coneflower Endangered
Rhus michauxii Michaux's Sumac Endangered

Atlantic Pigtoe (Fusconaia masoni) – Proposed Threatened
Biological Opinion: No effect
Appearance: “The shell of the Atlantic pigtoe is a chunky, rhombus shape, like that of a pig’s hoof/toe. There is a
distinct posterior ridge. The outer surface of the shell is yellow to dark brown and parchment-like, while the inner
layer is iridescent blue to salmon, white, or orange. Although larger specimens exist, the Atlantic pigtoe rarely
exceeds 2 inches in length. Young individuals may have greenish rays across the entire shell surface. When collected
fresh, the interior surface (nacre) in the shell tends to be salmon colored and sometimes iridescent. Atlantic pigtoe
has interlocking hinge “teeth” on the inside of the shell to help keep the two valves in proper alignment.” (USFWS
2018b)

Habitat: “The preferred habitat of the Atlantic pigtoe is coarse sand and gravel, and rarely in silt and detritus.
Historically, the best populations existed in small creeks to larger rivers with excellent water quality, where flows
were sufficient to maintain clean, silt-free substrates.” (USFWS 2018)

The project area contains two perennial streams (Burdens Creek and Stream E) that range from approximately two to
20 feet wide. During field investigations on February 4, 2020, both streams exhibited slowly flowing, silt-laden water.
No medium to large, swift-flowing perennial streams with excellent water quality and silt-free substrates, as are
preferred by Atlantic pigtoe, were observed within the project area. Photographs taken during the February 4, 2020
field investigations are provided in Appendix A.

Smooth Coneflower (Echinacea laevigata) – Endangered
Biological Opinion: May affect, not likely to adversely affect
“Description: Smooth coneflower is a perennial herb in the Aster family (Asteraceae) that grows up to 3.3 feet tall
from a vertical root stock. The large elliptical to broadly lanceolate basal leaves may reach eight inches in length and
three inches in width and taper into long petioles toward the base. They are smooth to slightly rough in texture. The
stems are smooth, with few leaves. The mid-stem leaves are smaller than the basal leaves and have shorter petioles.
Flower heads are usually solitary. The rays of the flowers (petal-like structures) are light pink to purplish in color,
usually drooping, and 2 to 3.2 inches long. Flowering occurs from late May through mid-July and fruits develop from
late June to September. The fruiting structures often persist through the fall. Reproduction is accomplished both
sexually (by seed) and asexually (by rhizome).
PROTECTED SPECIES ASSESSMENT > RTF-18060
creating experiences through experience 3 of 6
“Habitat: Smooth coneflower is typically found in open woods, glades, cedar barrens, roadsides, clearcuts, dry
limestone bluffs, and power line rights-of-way, usually on magnesium and calcium rich soils associated with
amphibolite, dolomite or limestone (in Virginia), gabbro (in North Carolina and Virginia), diabase (in North Carolina
and South Carolina), and marble (in South Carolina and Georgia). Smooth coneflower occurs in plant communities
that have been described as xeric hardpan forests, diabase glades or dolomite woodlands. Optimal sites are
characterized by abundant sunlight and little competition in the herbaceous layer. Natural fires, as well as large
herbivores, historically influenced the vegetation in this species' range. Many of the herbs associated with Smooth
coneflower are also sun-loving species that depend on periodic disturbances to reduce the shade and competition of
woody plants.” (USFWS 2017b)

Areas of maintained vegetation within the existing sanitary sewer easement contain suitable habitat for smooth
coneflower. On-site evaluations conducted in 2015 indicated absence of smooth coneflower within the areas of
suitable habitat. NCNHP data from January 2020 indicates no documented occurrences of smooth coneflower within
one mile of the project study area.

Michaux’s Sumac (Rhus michauxii) – Endangered
Biological Opinion: May affect, not likely to adversely affect
“Description: Michaux's sumac is a rhizomatous, densely hairy shrub, with erect stems from one to three feet in
height. The compound leaves contain evenly serrated, oblong to lanceolate, acuminate leaflets. Most plants are
unisexual; however, more recent observations have revealed plants with both male and female flowers on one
plant. The flowers are small, borne in a terminal, erect, dense cluster, and colored greenish yellow to white.
Flowering usually occurs from June to July, while the fruit, a red drupe, is produced through the months of August to
October.” (USFWS 2017a)

“Habitat: Michaux's sumac grows in sandy or rocky open woods in association with basic soils. Apparently, this plant
survives best in areas where some form of disturbance has provided an open area” (USFWS 2017b). Although the
USFWS website states that Michaux’s sumac grows in open woods in association with basic soils, the species
recovery plan states that the species grows in “open woods on acidic soils with low cation exchange capacity”
(USFWS 1993).

Areas of maintained vegetation within the existing sanitary sewer easement contain suitable habitat for Michaux’s
sumac. On-site evaluations conducted in 2015 indicated absence of smooth coneflower within the areas of suitable
habitat. NCNHP data from January 2020 indicates no documented occurrences of smooth coneflower within one
mile of the project study area.

PROTECTED SPECIES ASSESSMENT > RTF-18060
creating experiences through experience 4 of 6
Northern Long-eared Bat (Myotis septentrionalis) – Threatened
Biological Opinion: May affect, not likely to adversely affect
“Appearance: The northern long-eared bat is a medium-sized bat with a body length of 3 to 3.7 inches but a
wingspan of 9 to 10 inches. Their fur color can be medium to dark brown on the back and tawny to pale-brown on
the underside. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats
in its genus, Myotis.”
“Winter Habitat: Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They
use areas in various sized caves or mines with constant temperatures, high humidity, and no air currents. Within
hibernacula, surveyors find them hibernating most often in small crevices or cracks, often with only the nose and
ears visible.”
“Summer Habitat: During the summer, northern long-eared bats roost singly or in colonies underneath bark, in
cavities or in crevices of both live trees and snags (dead trees). Males and non-reproductive females may also roost
in cooler places, like caves and mines. Northern long-eared bats seem to be flexible in selecting roosts, choosing
roost trees based on suitability to retain bark or provide cavities or crevices. This bat has also been found rarely
roosting in structures, like barns and sheds.” (USFWS 2018a)
Northern long-eared bat is not listed on the USFWS Durham County species list.

Bald and Golden Eagle Protection Act
Description: “Distinguished by a white head and white tail feathers, bald eagles are powerful, brown birds that may
weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller, weighing as much as 10 pounds and have a
wingspan of 6 feet.”
Habitat: “Bald eagles require a good food base, perching areas, and nesting sites. Their habitat includes estuaries,
large lakes, reservoirs, rivers, and some seacoasts.” (USFWS 2007a) Bald eagles build large nests (4 to 6 feet in
diameter and larger) in the tops of tall trees and snags that include perches with a clear view of water. (USFWS
2007b)
Lake Jordan, located approximately six miles from the project area, is suitable habitat for the Bald eagle. The NCNHP
report did not list eagle nests within 1.0 mile of the project area. McAdams did not observe bald eagles or nests
within the project area.

Conclusions/Recommendations
The project area contains suitable habitat for Michaux’s sumac and smooth coneflower. A biological opinion of “may
affect, not likely to adversely affect” was determined for these two species because no individuals were observed
during a field survey conducted for these species in 2015. A biological opinion of “no effect” was determined for the
Atlantic pigtoe based on a lack of suitable habitat within the project area. Suitable habitat for the northern long-
eared bat occurs within the study area, but this species is not listed for Durham County, thus a biological opinion of
“no effect” was determined for northern long-eared bat. A determination of “No Eagle Act permit required” was
PROTECTED SPECIES ASSESSMENT > RTF-18060
creating experiences through experience 5 of 6
rendered for the bald eagle because there are no known nests or suitable habitat within 660 feet of the project area.
We request your review and comments on this protected species assessment.

Sincerely,
MCADAMS

Kelly Roth
Environmental Consultant II, Water Resources

Attachments:
Figure 1. USGS Map
Figure 2. Soil Survey Map
Figure 3. Aerial Map
Figure 4. Overall Impacts Map
Appendix A. Field Survey Photographs
USFWS Official Species List (1/28/2020)
NCNHP Site Information (1/28/2020)
Species Conclusion Table

PROTECTED SPECIES ASSESSMENT > RTF-18060
creating experiences through experience 6 of 6
Literature Cited

U.S. Fish and Wildlife Service (N. Murdock and J. Moore). 1993. Michaux’s Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30 pp.
U.S. Fish and Wildlife Service. 2007a. Bald Eagle Fact Sheet,
https://www.fws.gov/migratorybirds/pdf/management/bald-eagle-fact-sheet.pdf.
U.S. Fish and Wildlife Service. 2007b. National Bald Eagle Management Guidelines,
https://www.fws.gov/migratorybirds/pdf/management/nationalbaldeaglenanagementguidelines.pdf
U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017a. Michaux’s Sumac | Species Information,
www.fws.gov/raleigh/species/es_michauxs_sumac.html.
U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017b. Smooth Coneflower | Species
Information, www.fws.gov/raleigh/species/es_smooth_coneflower.html.
U.S. Fish and Wildlife Service. 2018a. Northern Long-Eared Bat Fact Sheet. Northern Long-Eared Bat | Species
Information, www.fws.gov/midwest/endangered/mammals/nleb/nlebFactSheet.html.
U.S. Fish and Wildlife Service/Southeast Region. 2018b. Atlantic Pigtoe | Species Profile,
https://www.fws.gov/southeast/wildlife/mussels/atlantic-pigtoe/.

0 2,0001,000 Feet1 inch = 2,000 feet
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FIGURE 1. USGS TOPOGRAPHIC VICINITY MAPHUB RTP OFF-SITE SEWERRESEARCH TRIANGLE PARK, DURHAM COUNTY, NC
NOTES:1. USGS; 7.5 MINUTE, QUAD, "SOUTHEAST DURHAM", NORTH CAROLINA; 20192. LAT: 35.894001, LONG: -78.864238
1/21/2020
rothRTF-18060DATE:JOB NO:DRAWN BY:
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OFF-SITE SEWERPROJECT AREA
1VERSION:
Legend
HUB RTP off-site sewer project area
HUB RTP project area
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FIGURE 2. NRCS WEB SOIL SURVEY HUB RTP OFF-SITE SEWERRESEARCH TRIANGLE PARK, DURHAM COUNTY, NC
NOTES:Web Soil Survey SSURGO Spatial Data: Durham County (Version 12, Sep 16, 2019)
X:\Projects\RTF\RTF-18060\Storm\Natural Resources\GIS\Off-site\RTF18060_HUB Off-site_Figure 2A WSS.mxd, 1/21/2020 4:40:29 PM, roth
1/21/2020
rothRTF-18060DATE:JOB NO:DRAWN BY:
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2017 NC Onemap Orthoimagery
Legend
Project area
So il ma p unit
Map Unit Symbol Map Unit Name Hydric Soil RatingCcCartecay and Chewacla soils, 0 to 2 percent slopes, frequentl y flooded YesChChewacla and Wehadkee soils, 0 to 2 percent slopes, frequentl y flooded NoPfCPinkston fine sandy l oam, 2 to 10 percent slopes NoWsBWhite Store sandy loam, 2 to 6 perce nt slopes NoWsCWhite Store sandy loam, 6 to 10 perce nt slopes NoWsEWhite Store sandy loam, 10 to 25 perce nt slopes No
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FIGURE 3. AERIAL MAPHUB RTP OFF-SITE SEWERRESEARCH TRIANGLE PARK, DU RHAM COU NTY, NC
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Legen d
PROPOSED SANITARY SEWER
PROPOSED RECLAIMED WATER LINE
PROPOSED CASTIN G PIPE
ROADS
EXISTING SANITARY SEWER
EXISTING WATER LINE
EXISTING FENC E
EXISTING PAVEMENT
1-FT CONTOURS (MC ADAMS SURVEY)
2-FT CONTOURS (NCDOT LIDAR)
EXISTING STREAMS = +/- 4,323 LF
EXISTING STREAMS
EXISTING WETLANDS = +/- 1.76 AC.
ZONE 1 - NEUSE BU FFER = +/- 5.72 AC.
ZONE 2 - NEUSE BU FFER = +/- 3.73 AC.
LIMITS OF DISTURBANCE
PROJECT BOUN DARY
PARCELS
Durham Building Fooprints 2012
PARK CENTER OFF-SITE SEWERIMPACT PERMITTINGFIGURE 4A. OVERALL IMPACTS EXHIBITDURHAM, NORTH CAROLINA
DATE:JOB NO :DRAWN BY:
07/08/2016RTF-1401 0KKR
FILE LOCATION: X:\Proje cts\RTF\RTF-14010\Storm\Wetla nds\GIS\RTF14010_FIGU RE 4A OVER ALL IMPACTS_11X17.mxd
NOTES:1. 2-FT CONTOURS FROM NC DOT LIDAR2. ALL OTHER D ATA FR OM MC ADAMS SURVEY
Esri, HERE, DeLorme,MapmyIndia, ©OpenStreetMap contributors,and the GIS user community
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STREAM A
WETLAND A+/- 0.50 AC.
BURDENS CREEK
STREAM E
BURDENS CREEK
WETLAND AIMPACT: +/- 0.0736 AC.
STREAM AIMPACT: +/- 143 LFSTREAM AIMPACT: +/- 143 LF
BURDENS CREEKIMPACT: +/- 52 LF
STREAM EIMPACT: +/- 67 LF
WETLAND GIMPACT: +/- 0.0482 AC.
WETLAND HIMPACT: +/- 0.0001 AC.
WETLAND KIMPACT: +/- 0.0660 AC.
WETLAND JIMPACT: +/- 0.0439 AC.
WETLAND J+/- 0.13 AC.
WETLAND K+/- 0.53 AC.
WETLAND H+/- 0.06 AC.
WETLAND G+/- 0.11 AC.
WETLAND F+/- 0.01 AC.
WETLAND E+/- 0.16 AC.
WETLAND B+/- 0.18 AC.
WETLAND C+/- 0.08 AC.
IMPACT TOTALS
STREAM IMPACTS = +/- 261 LF
ZONE 1 D URHAM BUFFER IMPACTS = +/- 44,247 SQ. FT.
ZONE 2 D URHAM BUFFER IMPACTS = +/- 29,877 SQ. FT.
WETLAND IMPACTS = +/- 0.2318 AC.
LIMITS OFDISTURBANCE
INSET 1
INSET 2
INSET 3
INSET 4
INSET 6
INSET 5
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RD0 300 600150Feet1 inch = 300 feet¯
Legend
PROPOSED SANITARY SEWER
PROPOSED RECLAIMED WATER LINE
PROPOSED CASTIN G PIPE
ROADS
EXISTING SANITARY SEWER
EXISTING WATER LINE
EXISTING FENC E
EXISTING PAVEMENT
1-FT CONTOURS (MC ADAMS SURVEY)
2-FT CONTOURS (NCDOT LIDAR)
EXISTING STREAMS = +/- 4,323 LF
EXISTING STREAMS
EXISTING WETLANDS = +/- 1.76 AC.
ZONE 1 - NEUSE BU FFER = +/- 5.72 AC.
ZONE 2 - NEUSE BU FFER = +/- 3.73 AC.
LIMITS OF DISTURBANCE
PROJECT BOUN DARY
PARCELS
Durham Building Fooprints 2012
PARK CENTER OFF-SITE SEWERIMPACT PERMITTINGFIGURE 4B. OVERALL IMPACTS EXHIBITDURHAM, NORTH CAROLINA
DATE:JOB NO :DRAWN BY:
07/08/2016RTF-1401 0KKR
FILE LOCATION: X:\Proje cts\RTF\RTF-14010\Storm\Wetla nds\GIS\RTF14010_FIGU RE 4B OVERALL IMPAC TS_11X17.mxd
NOTES:1. 2-FT CONTOURS FROM NC DOT LIDAR2. ALL OTHER D ATA FR OM MC ADAMS SURVEY
Esri, HERE, DeLorme,MapmyIndia, ©OpenStreetMap contributors,and the GIS user community
¯
STREAM E
WETLAND JIMPACT: +/- 0.0439 AC.
WETLAND J+/- 0.13 AC.
WETLAND I+/- 0.01 AC.
LIMITS O FDISTURBANCE
EXISTING SANITARY SEWER
PROPO SED RECL AIM EDWATER LI NE
PROPO SED RECL AIM EDWATER LI NE
EXISTINGWATER LI NE
EXISTINGWATER LI NE
IMPACT TOTALS
STREAM IMPACTS = +/- 261 LF
ZONE 1 N EUSE BUFFER IMPACTS = +/- 44,247 SQ. FT.
ZONE 2 N EUSE BUFFER IMPACTS = +/- 29,877 SQ. FT.
WETLAND IMPACTS = +/- 0.2318 AC.
INSET 6
PROTECTED SPECIES ASSESSMENT > RTF-18060
creating experiences through experience 1 of 9
Appendix A.
Habitat Photographs

Photo 1: Burdens Creek looking upstream above confluence with Stream E (2/4/2020)

Photo 2: Burdens Creek looking downstream above confluence with Stream E (2/4/2020)
PROTECTED SPECIES ASSESSMENT > RTF-18060
creating experiences through experience 2 of 9

Photo 3: Burdens Creek showing silty clay substrate (2/4/2020)

Photo 4: Burdens Creek showing bedrock, saprolite, and boulder substrate directly above
confluence with Stream E (2/4/2020)
PROTECTED SPECIES ASSESSMENT > RTF-18060
creating experiences through experience 3 of 9

Photo 5: Burdens Creek looking upstream below confluence with Stream E (2/4/2020)

Photo 6: Burdens Creek looking downstream below confluence with Stream E (2/4/2020)
PROTECTED SPECIES ASSESSMENT > RTF-18060
creating experiences through experience 4 of 9

Photo 7: Burdens Creek showing substrate ranging from silt to boulder (2/4/2020)

Photo 8: Burdens Creek at confluence with Stream E showing substrate ranging from silt to boulder
(2/4/2020)
PROTECTED SPECIES ASSESSMENT > RTF-18060
creating experiences through experience 5 of 9

Photo 9: Stream E looking upstream (2/4/2020)

Photo 10: Stream E looking downstream (2/4/2020)
PROTECTED SPECIES ASSESSMENT > RTF-18060
creating experiences through experience 6 of 9

Photo 11: Stream E showing bedrock and saprolite substrate (2/4/2020)

Photo 12: Stream E looking upstream (2/4/2020)

PROTECTED SPECIES ASSESSMENT > RTF-18060
creating experiences through experience 7 of 9

Photo 13: Stream E looking downstream (2/4/2020)

Photo 14: Stream E substrate (2/4/2020)
PROTECTED SPECIES ASSESSMENT > RTF-18060
creating experiences through experience 8 of 9

Photo 15: Stream E looking upstream (2/4/2020)

Photo 16: Stream E looking downstream (2/4/2020)

PROTECTED SPECIES ASSESSMENT > RTF-18060
creating experiences through experience 9 of 9

Photo 17: Stream E showing sand, silt, and detritus substrate (2/4/2020)
January 28, 2020
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Consultation Code: 04EN2000-2020-SLI-0551
Event Code: 04EN2000-2020-E-01242
Project Name: RTF-18060 HUB RTP Off-site

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
01/28/2020 Event Code: 04EN2000-2020-E-01242   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 [e-mail].
01/28/2020 Event Code: 04EN2000-2020-E-01242   3

▪
Attachment(s):
Official Species List
01/28/2020 Event Code: 04EN2000-2020-E-01242   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
[phone]
01/28/2020 Event Code: 04EN2000-2020-E-01242   2

Project Summary
Consultation Code:04EN2000-2020-SLI-0551
Event Code:04EN2000-2020-E-01242
Project Name:RTF-18060 HUB RTP Off-site
Project Type:DEVELOPMENT
Project Description:McAdams will provide civil engineering and design services to amend the
approved site plan, construction drawing documents and amend or renew
permits for the Park Center East project. The project is approximately
53.22 acres of the total 98+/- acre site located between I-40 East, Davis
Drive and NC Highway 54 in Durham, North Carolina. The previously
approved infrastructure site plan and construction drawings will be
revised to accommodate the revised layouts from the retail and residential
partners and revised phasing considerations for the overall project.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.88476924669678N78.86907118438087W
Counties:Durham, NC
01/28/2020 Event Code: 04EN2000-2020-E-01242   3

1.
Endangered Species Act Species
There is a total of 3 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.
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.
Clams
NAME STATUS
Atlantic Pigtoe Fusconaia masoni
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5164
Proposed
Threatened
Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Endangered
Smooth Coneflower Echinacea laevigata
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3473
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
1
ONE Roy Cooper. Governor
�■ • NC DEPARTMENT OF
omomo NATURAL AND CULTURAL RESOURCES Suss Hamilton. Secretary
i own
Walter Clark, Director, Land and water Stewardship
NCNHDE-11230
January 28, 2020
Alec Pierzga
The John R. McAdams Company
2905 Meridian Parkway
Durham, NC 27713
RE. HUB RTP OFf-site, RTF-18060
Dear Alec Pierzga:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence, the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod nev.butlerWncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7MENT OF NATURAL AND CULTl1RAL RESOURCES
121 W. JONES STREET. RALEIGH_ NC 27603 • 1651 MAIL SERVICE CENTER, RAL.EIGH. NC 27609
DFC 419.7075120 • FAX 919J07.9121

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
HUB RTP OFf-site
Project No. RTF-18060
January 28, 2020
NCNHDE-11230
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic
EO ID 1[cientific
Name Common Name
Group
Observation
Date dhM
Dragonfly or
32043
Coryphaeschna ingens Regal Darner 2004-Pre
Damselfly
Vascular Plant
19976
Buchnera americans American Bluehearts 1949-07-13
Vascular Plant
20387
Liatris squarrulosa Earle's Blazing -star 2006-08-30
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name wner�
NC Department of Transportation Mitigation Site NC Department of Transportation
Element
Accuracy
Federal State
Global
State
Occurrence
Status Status
Rank
Rank
Rank
I
i
M
H?
5-Very
--- Significantly
G5
S2?
Low
Ra re
H
4-Low
--- Endangered
G5?
S1
C
2-High
--- Significantly
G4G5
S2
Ra re
Peripheral
Owner Type
State
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on January 28, 2020; source: NCNHP, Q1 Jan 2020.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

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Page 3 of 3

Species Conclusions Table
Project Name: HUB RTP Off -site Sewer
Date: 2/4/2020
Species / Resource Name
Conclusion
ESA Section 7 / Eagle
Notes / Documentation
Act Determination
Atlantic Pigtoe
No suitable habitat present
No effect
Habitat assessment indicates no potential habitat present
Fusconaia masoni
(medium to large, swift -flowing streams with excellent water
quality and silt -free substrates are absent from the project area
Smooth Coneflower
Suitable habitat present,
May affect, not likely to
2015 survey by McAdams consultant indicated absence
Echinacea laevigata
species not present
adversely affect
Michaux's Sumac
Suitable habitat present,
May affect, not likely to
2015 survey by McAdams consultant indicated absence
Rhus michauxii
species not present
adversely affect
Northern Long-eared Bat
Suitable habitat present
No effect
NLEB not listed for Durham County
Myotis septentrionalis
Bald Eagle
Unlikely to disturb nesting
No Eagle Act Permit
No known nest with 660' of project review area
Haliaeetus leucocephalus
bald eagles
Required
Critial Habitat
No Critical Habitat present
No effect
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.
2/4/2020
Sicfiature /Title ` I Date