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Home My WebLink About20200324 Ver 1_Rockfish Protected Species_20200302Fayetteville PWC Rockfish Creek Basin Peak Flow Facilities Protected Species Protected Species The US Fish and Wildlife Service (USFWS) records for the Rockfish Creek Peak Flow Facilities project area in Cumberland County indicate the presence of the protected species in the table below. This information is based on a report dated February 28, 2020 generated through the USFWS ECOS- IPaC website. The IPaC letter report is attached. Group Common Name Scientific Name Status Birds Red -cockaded Woodpecker Picoides borealis Endangered Reptiles American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) Insects Saint Francis' Satyr Butterfly Neonympha mitchellii francisci Endangered Flowering Plants American Chaffseed Schwalbea americana Endangered Michaux's sumac Rhus michauxii Endangered Pondberry Lindera melissifolia Endangered Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered Source: USFWS, IPaC Species Report (February 28, 2020) Protected Species Habitat and Impacts The Rockfish Creek Peak Flow Facilities project is not anticipated to adversely affect any federally protected species. The summary below describes each species and its likelihood to be impacted by the project. As part of the environmental document review for this project due to its funding by the federally - backed State Revolving Fund (SRF), the NC Natural Heritage Program (NHP) provided correspondence confirming that it does not have records of rare species occurrences within the project boundary (see attached correspondence dated Janaury 28, 2019 from NHP). Birds Red -cockaded Woodpecker (Picoides borealis) The red -cockaded woodpecker is listed as Endangered. According to the USFWS' red -cockaded woodpecker species profile (updated August 6, 2015), the red -cockaded woodpecker's habitat is open stands of old pine trees. Red -cockaded woodpeckers excavate cavities in living pine trees. Fayetteville PWC Rockfish Creek Basin Peak Flow Facilities Protected Species The proposed work will occur on a wooded site. While there are pine trees on the site, the site is thickly forested with hardwoods and pines and does not contain open stands of pines that are favored as cavity trees. Therefore, it is unlikely that the project will result in adverse impacts to the red -cockaded woodpecker. Reptiles American Alligator (Alligator mississippiensis) According to the US Fish and Wildlife Service's American Alligator Fact Sheet (February 2008), alligators live in fresh to slightly brackish lakes, ponds, rivers, and marshes throughout the Southeast and eat turtles, fish, and snails. This animal was classified as Endangered in 1967 but has recovered and been removed from the Endangered list. It is still classified as Threatened due to Similarity of Appearance, allowing regulation of harvesting and trading. The project area will not impact rivers or water bodies. The existing sewer to which this project will connect is adjacent to Beaver Creek, but the project will not cross or impact Beaver Creek. The project area is not expected to provide suitable habitat for the American alligator; therefore, it is unlikely that the project will result in adverse impacts to the American alligator. Insects Saint Francis' Satyr Butterfly (Neonympha mitchellii francisci) The Saint Francis' Satyr Butterfly is listed as Endangered. According to the US Fish and Wildlife Service's species profile on the Saint Francis' Satyr (updated June 27, 2016), the Saint Francis' satyr is a butterfly whose habitat is wide, wet meadows with sedges and wetland grasses. The proposed work will occur on a wooded site. The site is thickly forested with hardwoods and pines and does not contain favorable habitat for Saint Francis' Satyr Butterfly. The former pond area adjacent to the site contains wetland grasses and is more likely habitat for the butterfly, but this area has been avoided with construction and will not be impacted by the work. The project is not anticipated to adversely affect the Saint Francis' Satyr Butterfly. Flowering Plants American Chaffseed (Schwalbea americana) American chaffseed is listed as Endangered. According to the US Fish and Wildlife Service's American Chaffseed species profile (updated August 24, 2017), American chaffseed is an erect perennial herb with unbranched stems and large, purple -yellow flowers. Its habitat is sandy, acidic, seasonally -moist to dry soils. It depends on disturbance such as fire, mowing, or fluctuating water tables to maintain its open habitat. The species profile reports that most populations, including all of the most vigorous populations, are in areas that are subject to frequent fire. The proposed work will occur on a wooded site. The site is thickly forested with hardwoods and pines that has not been burned regularly or recently and does not contain favorable habitat for American chaffseed. The project is not anticipated to adversely affect the American chaffseed. Fayetteville PWC Rockfish Creek Basin Peak Flow Facilities Protected Species Michaux's sumac (Rhus michauxii) Michaux's sumac is listed as Endangered. According to the US Fish and Wildlife Service's Michaux's Sumac species profile (updated August 24, 2017), Michaux's sumac is a rhizomatous shrub that occurs in sandy or rocky open woods. It depends on disturbance such as highway right-of-way maintenance, plowed field edges, or fires to maintain its open habitat. The proposed work will occur on a wooded site. The site is densely forested with hardwoods, pines, and vegetation and does not contain favorable habitat for Michaux's sumac. The existing sewer easement is cleared and relatively open, but no Michaux's sumac was observed during field visits. The project is not anticipated to adversely affect the Michaux's sumac. Pondberry (Lindera melissifolia) Pondberry is listed as Endangered. According to the US Fish and Wildlife Service's Pondberry species profile (updated August 24, 2017), pondberry is a deciduous shrub that grows to 6 feet tall and displays pale yellow flowers in the spring before the leaves emerge. It has oval -shaped fruits that are 0.5-inch long and turn red in the fall. The species profile lists characteristics that include drooping foliage, obtuse or rounded leaf base, conspicuous venation, the two lowest pairs of lateral nerves not parallel to the ones above, and leaves with a sassafras -like odor when crushed. According to the species profile, habitat for pondberry is bottomland and hardwoods in the interior areas, and the margins of sinks, ponds and other depressions in the more coastal sites, generally in shaded areas but also found in full sun. The most significant threats noted by the species profile are drainage ditching and subsequent conversion of pondberry's habitat to other uses. The proposed work will occur on a wooded site. The site is densely forested with hardwoods, pines, and vegetation While pondberry is associated with wetlands habitats such as the western side of the project area, pondberry has not been observed in the project vicinity and was not identified during field visits. The wetland impact for this project was minimized to only include the pipeline crossings, which will not involve the drainage ditching that can affect water regimes and impact pondberry. Therefore, the project is not expected to adversely affect the pondberry. Rough -leaved Loosestrife (Lysimachia asperulaefolia) Rough -leaved loosestrife is listed as Endangered. According to the US Fish and Wildlife Service's Rough -leaved Loosestrife species profile (updated August 6, 2015), rough -leaved loosestrife is a perennial herb that grows to 11.8 to 23.6 inches tall and has triangular shaped leaves often opposite and in groups of three or four. It displays yellow flowers in summer. Its habitat is the edges between longleaf pine uplands and pond pine pocosins, often in fire -maintained or otherwise open, disturbed areas. The proposed work will occur on a wooded site. The site is thickly forested with hardwoods and pines and does not contain favorable habitat for rough -leaved loosestrife. The existing sewer easement is cleared and relatively open, but no rough -leaved loosestrife was observed during field visits, and the site has not been regularly or recently burned. The project is not anticipated to adversely affect the rough -leaved loosestrife. Fayetteville PWC Rockfish Creek Basin Peak Flow Facilities Protected Species References US Fish and Wildlife Service. American Alligator Fact Sheet. February 2008. (https://www.fws.gov/endangered/esa-library/pdf/alligator.pdo US Fish and Wildlife Service. Raleigh Ecological Services Field Office. Red -cockaded Woodpecker species profile. Updated August 6, 2015. (https://www.fws.gov/raleigh/species/es_red- cockaded_woodpecker.html) US Fish and Wildlife Service. Raleigh Ecological Services Field Office. Saint Francis' Satyr species profile. Updated June 27, 2016. (https://www.fws.gov/raleigh/species/es_st_francis_satyr.html) US Fish and Wildlife Service. Raleigh Ecological Services Field Office. American Chaffseed species profile (updated August 24, 2017). (https://www.fws.gov/raleigh/species/es_american_chaffseed.html) US Fish and Wildlife Service. Raleigh Ecological Services Field Office. Michaux's Sumac species profile (updated August 24, 2017). (https://www.fws.gov/raleigh/species/es_michauxs_sumac.html) US Fish and Wildlife Service. Raleigh Ecological Services Field Office. Pondberry species profile (updated August 24, 2017). (https://www.fws.gov/raleigh/species/es_pondberry.html) US Fish and Wildlife Service. Raleigh Ecological Services Field Office. Rough -leaved Loosestrife species profile (updated August 6, 2015). (https://www.fws.gov/raleigh/species/es_rough- leaf loosestrife.html) .:.,. Mal s WIIJJUrV. 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: February 28, 2020 Consultation Code: 04EN2000-2020-SLI-0769 Event Code: 04EN2000-2020-E-01718 Project Name: Rockfish 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 02/28/2020 Event Code: 04EN2000-2020-E-01718 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/migratory birds/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. 02/28/2020 Event Code: 04EN2000-2020-E-01718 Attachment(s): • Official Species List 02/28/2020 Event Code: 04EN2000-2020-E-01718 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 02/28/2020 Event Code: 04EN2000-2020-E-01718 2 Project Summary Consultation Code: 04EN2000-2020-SLI-0769 Event Code: 04EN2000-2020-E-01718 Project Name: Rockfish Project Type: WASTEWATER FACILITY Project Description: Wastewater flow equalization tank, pump station, and related piping. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/34.99923459764069N78.97644685788853W �ar�y�erl�rrci r 22 _ I ZF 5 Counties: Cumberland, NC 02/28/2020 Event Code: 04EN2000-2020-E-01718 3 Endangered Species Act Species There is a total of 7 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Reptiles NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened) Insects NAME STATUS Saint Francis' Satyr Butterfly Neonympha mitchellii francisci Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5419 02/28/2020 Event Code: 04EN2000-2020-E-01718 4 Flowering Plants NAM L_ STATUS American Chaffseed Schwalbea americana Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1286 Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Pondberry Lindera melissi folia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1279 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. ■ ■■■ Roy Cooper. Governor ME NC DEPARTMENT OF Susi Hamilton, Secretary women NATURAL AND CULTURAL RESOURCES 0 son Walter Clark, director, Land and Water Stewardship NCNHDE-8023 January 28, 2019 Lyn Hardison Department of Environmental Quality Washington Regional Office Washington, NC 27889 RE. Rockfish Creek Peak Flow Facilities Project Dear Lyn Hardison. 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 DEPAR71MENT OF NATURAL AND CULTURAL RESOVRCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 918.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Rockfish Creek Peak Flow Facilities Project January 28, 2019 NCNHDE-8023 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last � Element Accuracy Federal State Global State Group 0 servation Occurrence Status tatus Rank Rank t + Date = Rank Dragonfly or 33740 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2? Damselfly georgiana Low Rare Dragonfly or 33780 Stylurus ivae Shining Clubtail 2004-Pre H? 5-Very --- Significantly G4 S2S3 Damselfly Low Rare Natural 11473 Streamhead Pocosin --- 1990-06-11 C 4-Low --- --- G4 S4 Community No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area 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, 2019; source: NCNHP, Q1 Jan 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-8023: Rockfish Creek Peak Flow Facilities Project M. M ....... . .. .... .. ..... 16 M I ..... ......... ... Di .. ....... .. . ... 'W 01. 4. N....... M. M. ....... ....... ....... ....... p. v . . .... iv M ... ....... ...... ..... .. ... M. .... .... .. M.. . M.. . . . I M. M. .4 W . M. .. ...... ...... . . . . . . . . . . . . . . . . . . . . . . . . . . 3. . . . . . . . . . . . . . . . . . . . . . . . . . . r. M ....... :j . - - --it . . . . . . ... .. .. ... . .... yid . 7, January 28, 2019 E] Project Boundary E) Buffered Project Boundary ElNatural Heritage Element Occurrence (NHEO) 1:25,286 0 0.2 0.4 0.8 Mi 0 0.325 0.65 13 km Sources Esn, HERE, Garmin, Interionap, increment P Corp, GFBCC, USGS, FAO NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Fsri Japan, METi, Esn China (Hong Kong), s isstopo, V OpenStreetMap contributors, and the GIS User Community Page 3 of 3