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Home My WebLink About20200340 Ver 1_Cowans_USFWS_20200224_20200304F�2 hdrinc.com February 24, 2020 Mr. Bryan Tomkins U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Subject: Cowans Ford Floating Bulkhead Ramp and Storage Project Lincoln County, North Carolina Dear Mr. Tomkins: HDR, an behalf of our clients Duke Energy Carolinas, LLC (Duke Energy), requests review and comments on potential impacts to threatened and endangered species that may result from construction activities associated with the Cowans Ford Floating Bulkhead Ramp and Storage Project (Project) located in Lincoln County, North Carolina (Figures 1 and 2). Duke Energy proposes to install a storage area and launch ramp for a floating bulkhead, as well as an associated access road. Project activities will be carried out using conventional construction methods and all impacts will be permanent in nature. No stream or wetland impacts are anticipated; however, open water impacts will result from the installation of a concrete launch ramp into Lake Norman. The proposed Project will require a Clean Water Act Section 404 Nationwide Permit 36 from the U.S. Army Corps of Engineers Charlotte Regulatory Field Office. The Study Area consists of an approximately 45-acre site comprised of an existing rip rap levee, maintained grass area, and roadside right-of-way (Figure 3). Land use in the vicinity of the proposed Project consists of residential, power generation, and open water/recreational uses. Updated species lists for Lincoln County' were obtained from the U.S. Fish and Wildlife Service (USFWS) website (last updated an June 27, 2018). A summary of federally protected species in Lincoln County is provided in Table 1. 1 hops://www.fws.govlraleigh/species/cntylist/lincoln.html 440 S Church Street, Suites 900 & 1000, Charlotte, NC 28202-2075 (704)338-6700 Cowans Ford Floating Bulkhead Ramp and Storage Project February 13, 2020 Page 2 Table 1. Federally Protected Species for Lincoln County, North Carolina Hexastylis nanitlora T Current Rhus michauxii E Historic E = Endangered. A taxon "in danger of extinction throughout all or a significant portion of its range. T = Threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range Current = the species has been observed in the county within the last 50 years. Historic = the species was last observed in the county more than 50 years ago. Probable/Potential = the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. The USFWS Information for Planning and Consultation (IPaC) database was queried for the Project Area. The IPaC database revealed that no critical habitat for the species in Table 1 was located within the Study Area. Migratory bird presence was also included in the query. The database revealed blue -winged warbler (Vermivora pinus), prairie warbler (Dendroica discolor), red-headed woodpecker (Melanerges erythrocephalus), rusty blackbird (Fuphagus carolinus), and wood thrush (hylocichla mustelina) as Birds of Conservation Concern (BCC). Bald eagle (Haliaeetus leucocephalus) was returned in the query due to the Bald and Golden Eagle Protection Act and is not a BCC. The IPaC query additionally showed that no National Wildlife Refuge lands or fish hatcheries are located in the Study Area. The USFWS's Critical Habitat GIS shapefiles were reviewed and a query of the North Carolina Natural Heritage Program's (NCNHP) Data Explorer database for protected species distribution and proximity to the Project Area was conducted (see attached Project Report [NCNHDE-10780]). The NCNHP Project Report summarizes occurrences of federally and state -protected species, critical habitat, and managed areas that have been documented within a one -mile radius of the Project Area. The NCNHP Data Explorer query revealed that one occurrence of a federally protected species, Michaux's sumac, has been documented within a 1-mile radius of the Project Area, but indicated that it was a historic occurrence (pre-1917). The query also revealed one managed area within one mile of the Study Area (Catawba Lands Conservancy Easement). HDR biologists consulted available reference materials and conducted on -site surveys on November 11t', 2019. The field survey revealed that no potential habitat for the northern long- eared bat, dwarf -flowered heartleaf, or Michaux's sumac exists within the Project Area. Cowans Ford Floating Bulkhead Ramp and Storage Project February 13, 2020 Page 3 We respectfully request that you review the Project Area and the attached information to determine if there may be any potential adverse impacts to federally protected species. If you have any questions or require additional information after your review of the enclosed materials, please contact me at (980) 337-5004 or Anthony. nardo(a7hdrinc.com. Respectfully, Tony Nardo Environmental Scientist Attachments: Site Photographs Figure 1. Project Location Figure 2. USGS Topographic Quad maps Figure 3. Soils Map IPaC Report NCNHP Project Report cc: Eric Mularski, PWS — HDR Joseph Arcella, PE, PMP — Duke Energy Cowans Ford Floating Bulkhead Ramp and Storage Project February 13, 2020 Page 4 Photograph 1 — View of Study Area (Facing South) Photograph 2 — View of Study Area (Facing South) Cowans Ford Floating Bulkhead Ramp and Storage Project February 13, 2020 Page 5 Photograph 3 — View of Study Area (Facing North) Photograph 4 — View of Study Area (Facing South) Cowans Ford Floating Bulkhead Ramp and Storage Project February 13, 2020 Page 6 Photograph 5 — View of Study Area (Facing Southwest) Photograph 6 — View of Study Area (Facing Northeast) Cowans Ford Floating Bulkhead Ramp and Storage Project February 13, 2020 Page 7 Photograph 7 — View of Study Area (Facing North) aur LEGEND Study Area (45.00 acres) DATA SOURCE: ESRI OpenStreetMap and the GIS User Conimunity 0 Miles 1.5 ✓ i'`'� ✓ k� � 'burr, `'�;. t C ik.116 '�•. t .p S p 4p Earl �+ Of ,Q Lmooln / Perk Gryt�nJ �.� l Jeltonr ! %gional -+ I Peninsula Park % 1 Club sFerry�'y. Laker Norman 1 _ tii'(1C 1'L��trri]PE Regonal a /l a Cowana Ford Country / D0 Club r VIr �o�cdl j I h,c C a 4 VS p i T1 Cook S' t Ffr. 0 3: Regional Park All F Staphon'u .Road N t ` .._sy Creek 6 w� Preserve o'a' i l G■ e `a µt1 i€rkd Study Area The Neck Ran Hill N k Cowanil Ford f PIik11 Wrelife i Lincoln County R,,,i 43ew1l Rn 1 fI COWANIS FORD FLOATING BULKHEAD RAMP AND STORAGE AREA DUKE PROJECT VICINITY ENERGY FIGURE 1 PATH: Y:TROJECTMDUKE_ENERGW!11857T]_CWF_FLOATING _BULKHEADN]_W Fu1AP_000MM%UWEW FOLUERMGOW S FORU_YICWrrT.M%9 -USER: ANARDO -DATE ]f1Ff n AGENCY CONSULTATION LEGEND � � � M ` Study Area F Topgraphic Quadrangle �{ ' �• scar DATA SOURCE: USES 24K Topographic Maps: Creek Lake Norman South (1993); USA Topo Map GIS Service 4 Feet 2,000 r f vq q ,s e� # m f 10 W� LAKE NORMAN SOUTH AV ' "VZ5a. r A. 1, are ry ti ffry:, Lill,lp 4 ' 50 f'211t�1 COWANS FORD FLOATING BULKHEAD RAMP AND STORAGE PROJECT DUKE USGS TOPOGRAPHIC QUADRANGLE ENERGY FIGURE 2 PATH: riCLT�R DZGIWROJECTSHVDKE_ENERGnMOZ]2]_CWF_FLOATING_BNLNHEA 7-2_WIR AP_D0G5WXDUGENCYCCNSIILTAn0N%2_COWMSFORO_TCPG.14W - IISER:ANARDD - DATE: 2AMM AGENCY CONSULTATION LEGEND �•� 4 Study Area Sail Map Unit Hydric Rating CeB2 C 1-32% �I 66 - 99°/° DATA SOURCE: USDA NRC3 Soils Survey of `= Lincoln County NC and Mecklenburg Gouty (2019). Bing Hyland Aenal Imagery `"• V s".,} 0 Feet Ii.D00 ` hA \ + 1! PeC2 P. CCB C6B ,eB2 .a. r P C2' PaD Ce62 L\ w PaD - DAM, DAM +rl! W W On -Site lolls Paa CeB2 — Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded PeC2 — Pacolet sandy clay loam, B to 15 percent slopes, moderately eroded PeC2 — Pacolet sandy clay loam, B to 15 percent slopes, moderately eroded PaE Ud — Udorthents, loamy MID PaD — Pacolet sandy loam, 15 to 25 percent slopes ChA Mo rcvc*: ,i COWANS FORD FLOATING BULKHEAD RAMP AND STORAGE PROJECT DUKE NRCS SOIL SURVEY OF LINCOLN & MECKLENBURG COUNTIES, NORTH CAROLINA ENERGY FIGURE 3 PATH: Y:TROJECTMDUKE_ENERGW!118 2]_CWF_FLOATING _BULKHEADIi]_W AMAP_➢OCS1MXMGENCY CONSULTATIOM0d_COWANSFORD_SOILS TSE.MW - USER: ANARDO - DATE: M2n@n AGENCY CONSULTATION IPaC: Resources Page 1 of 11 IPaC Information for Planning and Consultation U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trustresources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site - specific (e.g., vegetationlspecies surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS offices) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, JSFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Project information V A-09 NAME Cowans Ford 20191114 LOCAL ION Lincoln County, North Carolina .�Iq[He r Local office Asheville Ecological Services Field Office t. (828) 258-3939t� I® [828] 258-5330t� 150 ZiIIicoa Street Asheville, NC 28801-1082 G hnps://ecos.fws.gov/ipac/project/AJLSJDA02NC47MGNVVNXJZ3XGA/resources 11/14/2019 INC. Resources Page 2 of 11 httl2://www.fws.goWnc-es/es/counWr.html O04", Foy GOl https://ecos.fws.gov/ipac/project/AJLSJDA02NC47MGMWNXJZ3XGA/resources 11/14/2019 INC. Resources Page 3 of 11 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS con currencelreview, please return to the IPaC website and request an official species list by doing the foIIowin : 1. Log in to IPaC. 0 2. Go to your My Projects list. 3. Click PROJECT HOME for this project. 4. Click REQUEST SPECIES LIST. Listed species 1 and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries?). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, far listing. See the listing status page far more information. 2. 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. The following species are potentially affected by activities in this location: https://ecos.fws.gov/ipac/project/AJLSJDA02NC47MGMWNXJZ3XGA/resources 11/14/2019 INC. Resources Page 4 of 11 11►►011 Northern Long-eared Bat Myotis septentrionaIis No critical habitat has been designated for this species. httpsJlecos_fws_govlec /sspecies19045 Flowering Plants NAME Dwarf -flowered Heartleaf Hexastylis naniflora No critical habitat has been designated for this species. https://ecos.fws.gov/ecplspecies/2458 Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 Critical habitats :1n100 Threatened :1n100 Threatened Endangered Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT T IS 1-03 AT1 , Migratory bir Certain birds are protected under the Migratory Bird Treaty Act = and the Bald and Golden Eagle Protection Act?. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: Measures for avoiding/ minimizing impacts/ birds /I '■. /I https://ecos.fws.gov/ipac/project/AJLSJDA02NC47MGMWNXJZ3XGA/resources 11/14/2019 INC. Resources Page 5 of 11 • Nationwide conservation measures for birds httl2:llwww.fws.gov/m igrato rvb i rd slpdf/m a nagem entln ati o nwi d esta n d a rd co nse rvati on m eas u re s. p d f The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). Far projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available, Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON (IFA BREEDING ASON IS INDICATED FOR A BIRD .......................................................................................... {]N YOUR LIST THE BIRD MAV Bald Eagle Hallaeetus leucocephalus This is not a Bird of Conservation Concern (BCC} in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Blue -winged Warbler Vermivora pinus This is a Bird of Conservation Concern {BCC} only in particular Bird Conservation Regions (BCRs) in the continental USA Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREED IN YOUR PROJECT AREA .................................................................................... SOMETIME WITHIN THE ................................. ............ ...... TIMEFRAME SPECIFIED, WHICH IS A .. ...............................................................................- VERY LIBERAL ESTIMATE OF THE .. DATES INSIDE WHICH THE BIRD. BREEDS ACROSS ITS ENTIRE ............ .......................................................... RANGE. "BREEDS ELSEWHERE" ........ .. ... ... INDICATES THAT THE BIRD DOE 5 NOT LXELY BREED IN YOUR PROJECT AREA.) Breeds Sep 1 tojul 31 Breeds May 1 to Jun 30 Breeds May 1 tojul 31 https://ecos.fws.gov/ipac/project/AJLSJDA02NC47MGMWNXJZ3XGA/resources 11/14/2019 INC: Resources Page 5 of 11 Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Probability of Presence Summary Breeds May 10 to Sep 10 Breeds elsewhere Breeds May 10 to Aug 31 The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attemptingto interpret this report. Probability of Presence( ) Each green bar represents the bird's relative probability of presence in the 1 Okm grid cells) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. i How is the probability of prreseen e score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. https://ecos.fws.gov/ipac/project/AJLSJDA02NC47MGNVVNXJZ3XGA/resources 11/14/2019 INC. Resources Page 7 of 11 Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. N ❑ Data (—) A week is marked as having no data if there were no survey events for that week. Survey Tirnefrarne Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort -- no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCTNOV DEC Bald Eagle 1 1 1 1 1 1 1 f i i i t i . _i } .t isk ..�.; T■� � i I Nan -BCC VuInerabie [This is not a Blyd of '•, ........................................ Conservation Concern ................................ ......... ..... [BCC} in t this area, Gu ..... .............. warrants attention because of : ne Eagle Act or for po:emia' suscept b'I-ties i offs ha e areas From certain types of development or activities.] Blue -winged +-1++ -F+++ + + PH ++++ +�_+ ++++ ++++ Warbler BCC - B C R [TYf i s I.. a iz Bird of Conservation Concern (BCCI only in particu'a: Bird Conservatl Dn Regions (BCRs) in the continental USA} Prairie Warbler + +++ +'++ 4111 fill Nil +--� ++++ + ._+ ++++ +-164-+ BCC Rangewide [CON] (This is a Bird of .......... ...... ... ............. Conservation Concern ................................... [BCC]throughoutits range in the continental USA and .............. Alaska.) ................ Red-headed ++++ ++++ ++++ ++++ +"""""�'+ 4-4-++++ ++++ Woodpecker BCC Rangewide (CON) [This is a Bird of .... .... .... ...... Conservation Concern [BCC} throughout its ....... .... .... ..... range in the continental USA and ....................................... Alaska.] https://ecos.fws.gov/ipac/project/AJLSJDA02NC47MGMWNXJZ3XGA/resources 11/14/2019 INC. Resources Page 8 of 11 Rusty Blackbird BCC Rangewide (CON) ........................................... (Thisis a Bird of Conservation Concern (BCC) through out its .............. rangeinthe continental LJSA and .......................................... Alaska.) Wood Thrush BCC Rangewide (CON) is is a Bird of Conservation Concern ....................................... ...... . (BCQ throughout its range in the continental USA and Alaska.) ++++ ++++ ++++ ++++ ++-- —++— ---- +--_ ++I+ ++++ ++++ ++++ +-1 ++++ +111 aw 11111111 ++++ +++j 1I-++ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most iikeiy to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. . ti What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network A{ KN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 1 Okm grid cells) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development, Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKIN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network {AKN]. This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. Haw d❑ I know if a bird is breeding, wintering, migrating or present year-round in my project area? https://ecos.fws.gov/ipac/project/AJLSJDA02NC47MGMWNXJZ3XGA/resources 11/14/2019 INC. Resources Page 9 of 11 To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year- round), you may refer to the fallowing resources: The Cornell Lab of Ornithology All About Birds Bird Guide. or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropica I Birds uig_de. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some paint within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the fallowing distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC} that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or Iongline fishing), r"N .\ Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore proocu� \S�� For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal, The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cells) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in https://ecos.fws.gov/ipac/project/AJLSJDA02NC47MGMWNXJZ3XGA/resources 11/14/2019 INC: Resources Page 10 of 11 knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ `Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National 1?Viidaife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS ATTHIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHE RI ES AT THIS LOCATION. �0 Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and Other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: LAKE I_1 JBHh A full description for each wetland code can be found at the National Wetlands Inventory website Data limitations hnps://ecos.fws.gov/ipac/project/AJLSJDA02NC47MGNVVNXJZ3XGA/resources 11/14/2019 INC. Resources Page 11 of 11 The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. w Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprieta ryjurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietaryjurisdictions that may affect such activities, ON 0 https://ecos.fws.gov/ipac/project/AJLSJDA02NC47MGMWNXJZ3XGA/resources 11/14/2019 IR MEN Roy Cooper. Governor ■2 51 NC DEPARTMENT OF Susi Hamilton, Secretary ow,,no NATURAL AND CULTURAL RESOURCES ■ lima Waiter Claris, Director, Land and Water Stewardship NCNHDF-10780 November 25, 2019 Johanna Velasquez HDR Inc 440 S. Church Street Charlotte, NC 28202 RF: Cowans-Ford SA Dear Johanna Velasquez: 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: https a/www_fws_aoV/offices/Directory/LlstOffOces_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 ney.butler&ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL ARID CULTURAL RESOURCES 121 W. JOIvES STREET. RALEIGH- NC 27603 • 1651 MAIL SERVICE CENTER, RALEIGH. NC 27699 & CFC 919107,9120 • FAX 919,707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Cowa n s- Fo rd_S A November 25, 2019 NCNHDE-10780 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 Observation Occurrence Status Status Rank Rank Date Rank Vascular Plant 12037 Rhus michauxii Michaux's Sumac 1917-Pre H 5-Very Endangered Endangered G2G3 S2 Low 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 Owner � w Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on November 25, 2019; source: NCNHP, 04 Oct 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 N W+E s November 25, 2019 ❑ Project Boundary ❑ Buffered Project Boundary Managed Area (MAREA) NCNHDE-1 0780: Cowans-Ford SA Cowans Ford 1:26,263 0 0.225 0.45 0.9 mi 0 0.35 0.7 1.4 km Sources: Earl, HERE, Garrrin, Intermap, increment P Corp.. GEHCO, USGS, FAO, NPS, NRCAN, GeoBase, IGH, Kadaster NL, Ordnance Survey, Earl Japan, hE71, Eml Chlna (Hong Kong), (c) OpemStreathiap conuihutors, and the GIS User Community Page 3 of 3