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Home My WebLink About20200405 Ver 1_Appndx G_Threatened and Endangered Species Rpt_20200325 Appendix G Threatened and Endangered Species Reports CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) December 19, 2020 Mike Osborne, P.E. Project Manager, Water Division Black & Veatch 10715 David Taylor Drive, Suite 240 Charlotte, NC 28262 Subject:Protected Species Habitat Assessment Report Mt Holly Pumping Station and Force Main Charlotte, North Carolina CWS Project No. 2019-0368 Dear Mr. Osborne, Carolina Wetland Services, Inc. (CWS) has been contracted to provide a protected species habitat assessment for the Mt Holly Pumping Station and Force Main site. The Mt Holly Pumping Station and Force Main study area is approximately 55 acres in extent and is located in both Mount Holly in Gaston County and unincorporated Mecklenburg County, North Carolina (Figure 1). Methods In-office Desktop Review To determine which protected species are listed as occurring or potentially occurring within the project vicinity and prior to conducting the on-site field investigation, CWS consulted the United States Fish and Wildlife Service’s (USFWS) Endangered and Threatened Species and Species of Concern by County for North Carolina online database for Mecklenburg County and Gaston 1 County . In addition, CWS performed a data review using the North Carolina Natural Heritage 2 Program (NCNHP) Data Explorer on November 19, 2019 to determine if any record 3 occurrences of federally-listed, candidate endangered, threatened species, or critical habitat are located within the project limits. Typical habitat requirements for listed species was discerned from multiple USFWS and 4 NCNHP online resources including, but not limited to, specific USFWS species profiles, 5 1 United States Fish and Wildlife Service, Raleigh Field Office. Accessed November 19, 2019. Endangered and Threatened Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html 2 United States Fish and Wildlife Service, Raleigh Field Office. Accessed November 19, 2019. Endangered and Threatened Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/gaston.html 3 North Carolina Natural Heritage Program. 2018. Biotics Database. Division of Land and Water Stewardship. Department of Natural and Cultural Resources, Raleigh, North Carolina.. 4 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina’s Federally Threatened and Endangered Plant Species. http://www.fws.gov/nces/es/plant_survey.html. Accessed November 19, 2019. 5 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylist/nc_counties.html NORTH CAROLINA - SOUTH CAROLINA WWW.CWS-INC.NET Page 1 of 9 Mt Holly Pumping Station and Force Main December 19, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0368 recovery plans, NCNHP’s Guide to Federally Listed Endangered and Threatened Species of North Carolina, and List of the Rare Plant Species of North Carolina. United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of Mecklenburg and Gaston Counties and aerial imagery were also reviewed for potential habitat 6 communities of listed species within the project vicinity (Figures 2 and 3). Field Survey CWS scientists Dan Zurlo, Project Scientist, Julia McGuire, Staff Scientist II, and Ian Dunning, Staff Scientist I, conducted a pedestrian habitat assessment of the project area on November 7 and November 19, 2019. Potential habitat for potentially occurring federally-protected species that was identified during the desktop review was assessed in the field for the quality of physical and/or biological features essential to the conservation of the applicable species. Additionally, during the pedestrian habitat assessment, areas were reviewed for applicable federally protected species; however, formal surveys were not conducted. An off-site population of Schweinitiz’s sunflower identified in the previous EA document for the site and NCNHP report 7 was located. Its location is depicted in Figure 3. Identification references for natural communities include Schafale and Weakley’s Third Approximation for Natural Communities of North Carolina (1990) and Weakley (2015) for plant species. 8 9 Results Based on the previous EA document7 and NCNHP data explorer review, there is one current record of Schweinitz's sunflower within the project limits, and within a mile of the project limits (Attachment A). The USFWS lists eight federally protected species for Mecklenburg and Gaston Counties (Table 1). An official species list has not been obtained from the USFWS Asheville Field Office. Table 1. Unofficial List of Federally-Protected Species Potentially Occurring within the Mt Holly Pumping Station and Force Main Site, Mecklenburg and Gaston Counties, NC. Major Group Scientific Name Common Name Federal Status* Record Status County Plant Helianthus schweinitzii Schweinitz's sunflower E Current Mecklenburg Plant Rhus michauxii Michaux's sumac E Current Mecklenburg Plant Echinacea laevigata Smooth purple coneflower E Current Mecklenburg Plant Hexastylis naniflora Dwarf-flowered heartleaf T Current Gaston Animal Lasmigona decorata Carolina heelsplitter E Current Mecklenburg Animal Bombus affinis Rusty patched bumble bee E Historic Mecklenburg Animal Haliaeetus leucocephalus Bald eagle BGPA Current Mecklenburg and Gaston 6 United States Department of Agriculture, 2017. Web Soil Survey of Mecklenburg County, North Carolina. November 19, 2019. Source: https://websoilsurvey.nrcs.usda.gov/app/HomePage.htm 7 NCDENR. EIS, Charlotte-Mecklenburg Utilities/City of Mount Holly Regional Wastewater Treatment. 2015. 8 Schafale, M.P., and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina, Third Approximation. http://ww.namethatplant.net/PDFs/class.pdf. 9 Weakley, A.S. 2015. Flora of the Southern and Mid-Atlantic States. http://www.herbarium.unc.edu/flora.htm. Page 2 of 9 Mt Holly Pumping Station and Force Main December 19, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0368 Animal Myotis septentrionalis Northern long-eared bat T Current Mecklenburg and Gaston * E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act Two terrestrial community types were identified within the project area during the field survey. These community types consist of mixed forest and herbaceous areas (Figure 3). Of the identified on-site community types, both the mixed forest and herbaceous areas are considered potential habitat for federally threatened or endangered species that could potentially occur within the project limits. Aquatic habitat is present on-site in the form of one perennial stream. A brief description of each species habitat requirements and determination of effect findings are listed below by species. Schweinitz’s sunflower (Helianthus schweinitzii) Habitat Description: Schweinitz’s sunflower is a perennial herb with yellow rays and yellow centers. They can reach heights of five feet. Populations are limited to the piedmont of North and South Carolina. It has been listed as an endangered species under the Endangered Species Act (ESA) since 1991. The typical habitat for this plant includes roadsides, old 10 pastures, transmission line right-of-ways, open areas, either natural or human-maintained habitats, or edges of upland woods. Major characteristics of soils associated with suitable Schweinitz’s sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes, soils that are clay like in both composition and texture (and often with substantial rock fragments), soils that have a high shrinkage swell capacity, and those which vary over the course of the year from very wet to very dry. Biological Analysis: The previous EA document and NCNHP data record review revealed one current 11 occurrence for this species within the project limits (Attachment A). The desktop review determined that herbaceous areas could be potential habitat for Schweinitz's sunflower, but the forested areas do not receive the appropriate amount of sunlight for the sunflower due to a heavy canopy (Photograph 1). While most on-site herbaceous areas are too intensively maintained to support Schweinitz's sunflower populations (Photograph 2), one herbaceous area receives the appropriate amount of maintenance through periodic mowing (Photograph 5). The documented population of Schweinitz's sunflower individuals was located just off-site the project limits, to the north of the site (six ramets; Figure 3, Photograph 4). The project area was scrutinized during the November 7 and November 19, 2019 site visits, and no Schweinitz's sunflower individuals or individuals of any Helianthus species were observed within the project area. As no Helianthus species were observed on-site, CWS concludes that this project will have no effect on the Schweinitz’s sunflower. Michaux’s sumac (Rhus michauxii) Habitat Description: 10 United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii (Schweinitz’s sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/fr1852.pdf. 11 NCDENR. EIS, Charlotte-Mecklenburg Utilities/City of Mount Holly Regional Wastewater Treatment. 2015. Page 3 of 9 Mt Holly Pumping Station and Force Main December 19, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0368 Michaux’s sumac is a rhizomatous shrub. It is densely hairy with compound leaves exhibiting evenly-serrated leaflets. Flowers are small, greenish to white, in terminal clusters. Fruits are red drupes produced from August to October. It has been listed as an Endangered species under the ESA since 1989. It is found on the coastal plains of 12 Virginia to Florida, with most populations occurring in North Carolina. It prefers sandy or rocky open woods with basic loam soils, as well as highway right-of-ways, roadsides, or edges of artificially-maintained clearings. Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species within the project limits or within a one-mile radius of the project (Attachment A). Open areas conducive to early-succession species were observed within the project area. However, no individuals of Michaux sumac were observed during the field assessment on November 7 and November 19, 2019. Additionally, there are no current records of this species within Mecklenburg County . Michaux sumac is not listed in 13 Gaston County. Due to the lack of observations for this species within the study area and known current occurrences within Gaston and Mecklenburg Counties, CWS concludes that this project will have no effect on the Michaux’s sumac. Dwarf-flowered heartleaf (Hexastylis naniflora) Habitat Description: Dwarf-flowered heartleaf is endemic to the western Piedmont and foothills of North and South Carolina. This herbaceous evergreen is found in moist to dry forests along bluffs; boggy areas next to streams and creek heads; and adjacent hillsides, slopes, and ravines. Requiring acidic, sandy loam soils, the species is found in soil series such as Pacolet, Madison, and Musella, among others. Occurrences are generally found on a north-facing slope. Undisturbed natural communities such as Piedmont/Coastal Plain Heath Bluff, Dry-Mesic Oak Hickory Forest, and Mesic Mixed Hardwood Forest hold the most viable occurrences. However, less viable remnant occurrences are found in disturbed habitats, including logged, grazed, mown, and residential/commercial developed lands; areas converted to pasture, orchards, and tree plantations; roadside right-of-ways; and on upland slopes surrounding man-made ponds or lakes. 14 Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species within the project limits, or within a one-mile radius of the project. Of the on-site habitat types, only the forested areas could be potential habitat for this species. The desktop review revealed that the project area does not contain the soils associated with the dwarf-flowered heartleaf. The hillsides assessed for the presence of potential habitats were densely vegetated in the herbaceous layer, which is not conducive to dwarf-flowered heartleaf (Photograph 1). Species commonly associated with the dwarf-flowered heartleaf, such as mountain-laurel (Kalmia latifolia), were not found 12 United States Fish and Wildlife Services. 1989. Endangered and Threatened Wildlife and Plants;Determination of Endangered Status for Rhus michauxii (Michaux’s sumac). http://ecos.fws.gov/docs/federal_register/fr1601.pdf. 13 USFWS Michaux’s Sumac Recovery Plan; https://ecos.fws.gov/docs/recovery_plan/930430.pdf 14 North Carolina Department of Transportation NRTR Guidelines for Consultants. T&E Animal and Plant Habitat Descriptions. https://connect.ncdot.gov/resources/environmental/pages/environmental-compliance-guides.aspx Page 4 of 9 Mt Holly Pumping Station and Force Main December 19, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0368 on-site. Due to the lack of suitable habitat and lack of known occurrences in the project vicinity, CWS concludes that the project will have no effect on the dwarf-flowered heartleaf. Smooth purple coneflower (Echinacea laevigata) Habitat Description: Smooth purple coneflower is a tall, perennial herbaceous plant found in areas with abundant sunlight where competition in the herbaceous layer is minimal. It has been federally listed as Endangered under the ESA since 1992. Typical habitat for this plant 15 includes meadows, open woodlands, the ecotonal regions between meadows and woodlands, cedar barrens, dry limestone bluffs, clear cuts, and roadside and utility rights-of-way. In North Carolina, the species normally grows in magnesium- and calcium- rich soils associated with gabbro and diabase parent material, and typically occurs in Iredell, Misenheimer, Mecklenburg, and Picture soil series. It grows best where there is abundant sunlight, little competition in the herbaceous layer, and periodic disturbances (e.g., regular fire regime, well-timed mowing, careful clearing) that prevents encroachment of shade-producing woody shrubs and trees. On sites where woody succession is held in check, it is characterized by a number of species with prairie affinities. Biological Analysis: A NCNHP data record review revealed that there are no current occurrences for this species within the project limits or within a one-mile radius of the project (Attachment A). Potential on-site habitat is limited to the infrequently maintained on-site herbaceous areas. These infrequently maintained areas do not occur in areas with Iredell, Misenheimer, Mecklenburg, or Picture soil series. Additionally, no individuals of smooth purple coneflower were observed during the field assessment on November 7 and November 19, 2019. Due to the lack of suitable habitat and observed individuals, this project will have no effect on the smooth coneflower. Carolina heelsplitter (Lasmigona decorata) Habitat Description: The Carolina heelsplitter was historically known from several locations within the Catawba and Pee Dee River systems in North Carolina and the Pee Dee and Savannah River systems, and possibly the Saluda River system in South Carolina. In North Carolina, the species is now known only from a handful of streams in the Pee Dee and Catawba River systems. The species exists in very low abundances, usually within 6 feet of shorelines, throughout its known range. The general habitat requirements for the Carolina heelsplitter are shaded areas in large rivers to small streams, often burrowed into clay banks between the root systems of trees, or in runs along steep banks with moderate current. Recently, the Carolina heelsplitter has been found is in sections of 16 15 United States Fish and Wildlife Services. 1992. Endangered and Threatened Wildlife and Plants; Echinacea laevigata (Smooth Coneflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/fr2140.pdf. 16 United States Fish and Wildlife Service, Raleigh Field Office. Accessed November 19, 2019. Endangered and Threatened Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.htmll Page 5 of 9 Mt Holly Pumping Station and Force Main December 19, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0368 streams containing bedrock with perpendicular crevices filled with sand and gravel, and with wide riparian buffers. 17 Biological Analysis: A desktop review of potential on-site habitat for the Carolina heelsplitter was conducted on the on-site perennial stream during the site visits on November 7 and November 19, 2019. The on-site perennial streams have silty banks and moderate amounts of woody debris (Photograph 3). These stream conditions are not considered supportive Carolina heelsplitter habitat. The Catena Group surveyed the study area for freshwater mussels in 2008 and no Carolina heelsplitter individual were found. The report concluded that Carolina heelsplitters were not likely to occur within the study area due to the degraded conditions of the stream. After reviewing the site, CWS concludes that the conditions have not improved since the 2008 survey documented in the previous EA document . Based on 18 the lack of potential habitat, previous mussel surveys, and the NCNHP database indicating there is no known population of the species within one-mile of the project area, CWS concludes that this project will have no effect on the Carolina heelsplitter. Rusty Patched Bumble Bee (Bombus affinis) The Rusty patched bumble bee was listed as Endangered under the ESA in January 2016. 19 Rusty patched bumble bees once occupied grasslands and tallgrass prairies of the Upper Midwest and Northeast, but most grasslands and prairies have been lost, degraded, or fragmented by conversion to other uses. According to USFWS guidance, the rusty patched bumble bee population has declined by approximately 90% or more. There are currently records of Bombus affinis in isolated places within 13 states and 1 providence since 2000. In these areas, surveys should only be completed by qualified biologists under the guidance of the federal recovery/scientific permit under section 10(a)(1)(B) of the ESA. These surveyors must also meet all applicable state permitting and reporting requirements. The presence of Bombus affinis has been broken down into three zones. A high potential zone provides a reasonable basis for describing where the species is likely to be present and where federal agencies and others should consult with Fish and Wildlife Services to evaluate the potential effects of their actions. A low potential zone buffers a high potential zone and are much less likely to support existing populations. Scientists are hopeful that some of these low potential areas may contain the bee, and they recommend that surveyors obtain a scientific recovery permit. The third zone is the unoccupied zones. Scientists believe that the likelihood of finding the species in these areas is so low that they do not recommend scientific recovery permits, unless a Bombus affinis may have accidentally been collected. According to USFWS’ Rusty Patched Bumble Bee 20 Interactive Map, Mecklenburg and Gaston Counties are located within an unoccupied zone. Therefore, CWS concludes that this project will have no effect on the Rusty-patched bumble bee. 17 NCDOT TE Animal Habitat Descriptions. 2015. https://connect.ncdot.gov/resources/Environmental/Compliance%20Guides%20 and%20Procedures/TE%20Animal%20Habitat%20Descriptions%20Mar_6_2015.pdf 18 NCDENR. EIS, Charlotte-Mecklenburg Utilities/City of Mount Holly Regional Wastewater Treatment. 2015. 19 United States Fish and Wildlife Services. https://www.fws.gov/midwest/endangered/insects/rpbb/pdf/Survey_Protocols_RPBB_12April2019.pdf 20 United States Fish and Wildlife Services. https://www.fws.gov/midwest/endangered/insects/rpbb/index.html Page 6 of 9 Mt Holly Pumping Station and Force Main December 19, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0368 Bald eagle (Haliaeetus leucocephalus) The Bald and Golden Eagle Protection Act, enacted in 1940, prohibits anyone, without a 21 permit issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald eagle includes cliffs and forested areas near estuaries, large lakes, reservoirs, rivers, seacoast, and as they become more abundant, stands of undisturbed forest. The nearby Catawba River is large enough to be considered a potential feeding source and is located within one mile of the project area. The project limits also include patches of undisturbed deciduous forest with large trees in the canopy (Figure 3). The previous EA document noted the location 22 of an off-site nest. However, no bald eagles or bald eagle nests were observed there or on-site during the site visits on November 7 and November 19, 2019. Additionally, a review of the NCNHP database on November 19, 2019, revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the presence of suitable habitat, CWS concludes that this project may affect, but is not likely to adversely affect the bald eagle. However, if an eagle nest is observed within the property at any time during the project related activities, consultation with the USFWS will be required. Northern long-eared bat (Myotis septentrionalis) The northern long-eared bat (NLEB) is one of the species of bats most impacted by the white-nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests and woodlots containing live trees and/or dead snags greater than three inches diameter at breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves, mines, rocky areas, or structures that mimic similar conditions such as culverts greater than 48-inch in diameter. The NLEB was listed as Threatened (T) on April 2, 2015. 23 The forested areas within the study area are potential habitats for the NLEB. A Standard Local Operating Procedure for Endangered Species Act Compliance (SLOPES) was established for NLEB between the USFWS Asheville and Raleigh Ecological Offices and the United States Army Corps of Engineers (USACE), Wilmington District, on January 31, 2017. This SLOPES 24 defines how the USACE will make determinations of effect to the NLEB on projects in which the USACE is the lead federal agency. Alternative Local Procedure 2 (ALP 2) applies for the Mt Holly Pumping Station and Force Main site as the action area is within range of the NLEB, the 25 action area is located outside of a red 12-digit HUC as defined by the Asheville Ecological Services Field Office, and consultation by the USACE is not required on other listed species or 26 critical habitat. Determinations Based on the literature search and the results of the on-site assessment for suitable habitat of federally-protected endangered, threatened, and candidate species, suitable habitat was not observed within the project limits for dwarf-flowered heartleaf, Carolina heelsplitter, Michaux’s sumac, or smooth purple coneflower. Therefore, this project will have no effect on these 21 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html 22 NCDENR. EIS, Charlotte-Mecklenburg Utilities/City of Mount Holly Regional Wastewater Treatment. 2015. 23 United States Fish and Wildlife Service. 2016. 4(d) Rule for the Northern Long-Eared Bat; Final rule. https://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf 24 USACE http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 25 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf 26 The U.S. Fish and Wildlife Service (USFWS) 2016. Northern Long-Eared Bat. Page 7 of 9 Mt Holly Pumping Station and Force Main December 19, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0368 species. Suitable habitat was observed for Schweinitz's Sunflower but no individuals were observed within the study area. Consequently, CWS concludes that this project will not affect Schweinitz's Sunflower. No bald eagles or bald eagle nests were observed during the site visit, but due to the presence of suitable habitat, CWS concludes that this project may affect, but is not likely to adversely affect the bald eagle. If an eagle nest is observed within the property at any time during the project related activities, consultation with the USFWS will be required. The project area is not located within the currently occupied range of the rusty-patched bumble bee. Additionally, based on the project area location, no tree removal activities will occur within a 150-foot radius of a known, occupied NLEB maternity roost from June 1-July 31, and no trees will be removed within 0.25 miles of a known hibernaculum at any time of year. Therefore, any incidental take on NLEB that may result from associated activities is exempt under the 4(d) rule and notifications will follow the SLOPES agreement . Biological determinations requirements 27 for federally protected species are summarized in Table 2 (below). Table 2. Biological Determination Requirements Summary Table for Federally Protected Species Scientific Name Common Name Federal Status* Effect on Listed Species Biological Determination Required Helianthus schweinitzii Schweinitz's sunflower E No effect No Echinacea laevigata Smooth coneflower E No effect No Rhus michauxii Michaux’s sumac E No effect No Hexastylis naniflora Dwarf-flowered heartleaf T No effect Lasmigona decorata Carolina heelsplitter E No effect No Bombus affinis Rusty-patched bumble bee E No effect No Myotis septentrionalis Northern-long-eared bat T Exempt Yes** Haliaeetus leucocephalus Bald eagle BGPA May affect, but not likely to adversely affect No * E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act ** - Required in accordance with SLOPES, ALP 2 agreement. A biological assessment was not conducted for this project. All biological determinations of effect represent the best professional opinion of CWS and are not official determinations of effect. It is the responsibility of the lead federal agency to render an official determination of effect. Should the lead federal agency agree with CWS’s initial findings of no effect, then no USFWS consultation is required to comply with Section 7 of the Endangered Species Act. Should the lead federal agency’s determination of effect differ from the findings of CWS, formal or informal consultation with USFWS may be required. 27 http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html Page 8 of 9 Mt Holly Pumping Station and Force Main December 19, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0368 Thank you for the opportunity to provide these services on this important project. Please do not hesitate to contact Dan Zurlo at 717-460-3466 or dan@cws-inc.net should you have any questions or comments regarding this report. Sincerely, Dan Zurlo Christine Geist, PWS, CE Project Scientist Consulting Group Manager Attachments:Figure 1: USGS Topographic Map Figure 2: USDA-NRCS Web Soil Survey of Mecklenburg and Gaston Counties Figure 3: Aerial Map Attachment A: NCNHP Data Review Report Attachment B: Representative Photographs (1-5) Page 9 of 9 FIGURE NO.SCALE: CWS PROJECT NO: COORDINATES: DATE: DRAWN BY: CHECKED BY: SCALE: CWS PROJECT NO: COORDINATES: USGS Topographic Map I 2,000 0 2,0001,000 Feet CAG Legend Project Limits (55 ac.) 12/10/20191 inch = 2,000 feet G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0368 Mount Holly Pump Station\PETS\ArcGIS\Figure1_USGS.mxd REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE: MOUNTAIN ISLAND LAKEAND MOUNT HOLLY, NC (2017). JKM2019-0368 Mt Holly Pumping Station and Force MainMt Holly, North CarolinaMecklenburg and Gaston County 135.279884, -81.006109 FIGURE NO.SCALE: CWS PROJECT NO: COORDINATES: DATE: DRAWN BY: CHECKED BY: SCALE: CWS PROJECT NO: COORDINATES: W CfB CfB CfB LdB2 ChA CfB ChA WkD PaE Ud CeB2 LdB2 WnD LdB2 CfD PaE PaE WnB W CfB PaE ChA LdB2 ChA PaD2 WkF CoA HeB HeB WkF LdB2 PaD2 LdD2 CeB2 W WkF ChA CoA LdB2 WW ChA WkF W LdD2 W W PaD2CeB2 CfD W MO CeB2 MO CeB2 CeD2 WkE PaE EnB W MO EnB EnD EnD PaE WkD DaB EnB CeD2 EnB CeD2 EnB CeB2 EnD CeD2 WkE WkE WkD MeB EnD PaF EnB EnB EnB W PaE EnD EnB MeB MO WkE CeD2 EnD DaD W MO CeB2 EnD CeD2 WkD H A W F I E L D R D CHARLIE HIPP R D USDA-NRCS Web Soil Surveyof Mecklenburg and Gaston Counties 2 I 1,000 0 1,000500 Feet CAG Legend Project Limits (55 ac.) Roads 12/10/20191 inch = 1,000 feet G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0368 Mount Holly Pump Station\PETS\ArcGIS\Figure2_CurrentSoil.mxd REFERENCE: USDA-NRCS WEB SOIL SURVEY OF MECKLENBURG AND GASTON COUNTIES, NC, DATED 2017. JKM2019-0368 Mt Holly Pumping Station and Force MainMt Holly, North CarolinaMecklenburg and Gaston County35.279884, -81.006109 Hydric (Y/N) Coverage (%)CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, moderately eroded No 14.65CeD2 Cecil sandy clay loam, 8 to 15 percent slopes, moderately eroded No 4.70CfB Cecil-Urban land complex, 2 to 8 percent slopes No 10.31ChA Chewacla loam, 0 to 2 percent slopes, frequently flooded Yes 0.18EnB Enon sandy loam, 2 to 8 percent slopes No 12.12EnD Enon sandy loam, 8 to 15 percent slopes No 16.46HeB Helena sandy loam, 1 to 6 percent slopes Yes 0.18LdB2 Lloyd sandy clay loam, 2 to 8 percent slopes, moderately eroded No 8.14MeB Mecklenburg fine sandy loam, 2 to 8 percent slopes Yes 13.02MO Monacan loam, 0 to 2 percent slopes, frequently flooded Yes 4.52PaE Pacolet sandy loam, 15 to 25 percent slopes No 0.54W Water No 9.04WkE Wilkes loam, 15 to 25 percent slopes No 6.15100Totals for Area of Interest: Map Unit Symbol and Description FIGURE NO.SCALE: CWS PROJECT NO: COORDINATES: DATE: DRAWN BY: CHECKED BY: SCALE: CWS PROJECT NO: COORDINATES:Sta te Rd 2044Tuckaseege Rd Broome St Riverfront PkwyTom Sawyer LnLighthouse RdSports LnMarina Village DrA St Mauney StAmerican StRoc k R i d g e L n WHITEWATER CENTER PKYAerial Map I 800 0 800400 Feet CAG JKM Legend Project Limits (55 ac.) Schweinitz's Sunflower Location Potential Schweinitz's Sunflower Habitat Potential Bald Eagle Habitat Roads !Í Photo Location and Direction 12/10/20191 inch = 800 feet G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0368 Mount Holly Pump Station\PETS\ArcGIS\Figure3_Aerial.mxdÅ2 REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2019. BACKGROUND GIS LAYER(S) PROVIDED BY THE MECKLENBURG COUNTY AND GASTONCOUNTY GIS DEPARTENTS, DATED 2019. NOTE: HABITAT ASSESMENT PERFORMED BY CWS, INC. ON NOVEMBER 19 AND 20, 2019. 2019-0368 Mt Holly Pumping Station and Force MainMt Holly, North CarolinaMecklenburg and Gaston County35.279884, -81.006109 3 Å 3 Å1Å4Å5 NCNHDE-10720 November 19, 2019 Julia McGuire Carolina Wetland Services 550 e Westinghouse Blcd Charlotte, NC 29707 RE: Mt Holly Pump station; 2019-0368 Dear Julia McGuire: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached ‘Documented Occurrences’ tables and map. The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is documented within the project area or indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally-listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Mt Holly Pump station Project No. 2019-0368 November 19, 2019 NCNHDE-10720 Element Occurrences Documented Within Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Natural Community 33727 Floodplain Pool ---2014-07-14 C? 3-Medium ------ G3 S2 Vascular Plant 25499 Helianthus schweinitzii Schweinitz's Sunflower 2011-09-22 D 2-High Endangered Endangered G3 S3 Natural Areas Documented Within Project Area Site Name Representational Rating Collective Rating Long Creek Bluff R2 (Very High)C4 (Moderate) Managed Areas Documented Within Project Area* Managed Area Name Owner Owner Type Gaston County Open Space Gaston County: multiple local government Local Government Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Catawba Lands Conservancy Easement Catawba Lands Conservancy Private *NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally-listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on November 19, 2019; source: NCNHP, Q4 Oct 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Mt Holly Pump station Project No. 2019-0368 November 19, 2019 NCNHDE-10720 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Animal Assemblage 38910 Waterbird Colony ---2018-02-14 E 2-High ------ GNR S3 Freshwater Fish32504 Etheostoma thalassinum Seagreen Darter 2008-02-13 E 3-Medium --- Significantly Rare G4 S3 Natural Community 33727 Floodplain Pool ---2014-07-14 C? 3-Medium ------ G3 S2 Natural Community 33726 Mesic Mixed Hardwood Forest (Coastal Plain Subtype) ---2015-04-08 C 2-High ------ G3 S3 Vascular Plant 25499 Helianthus schweinitzii Schweinitz's Sunflower 2011-09-22 D 2-High Endangered Endangered G3 S3 Vascular Plant 34548 Ilex longipes Georgia Holly 2015-04-08 BC 2-High --- Significantly Rare Peripheral G5 S1 Natural Areas Documented Within a One-mile Radius of the Project Area Site Name Representational Rating Collective Rating Long Creek Bluff R2 (Very High)C4 (Moderate) Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type Gaston County Open Space Gaston County: multiple local government Local Government US National Whitewater Center Mecklenburg County Local Government NC Clean Water Management Trust Fund Funded Project NC DNCR, Clean Water Management Trust Fund State Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Catawba Lands Conservancy - Long Creek Preserve (Tract 1 & 1b) Catawba Lands Conservancy Private Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Page 3 of 5 Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type 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 19, 2019; source: NCNHP, Q4 Oct 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 4 of 5 Powered by TCPDF (www.tcpdf.org) Page 5 of 5 Mt Holly Pumping Station and Force Main December 19, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0368 Photograph 1. View of forested area, unsuitable for all examined terrestrial species, facing east. Photograph 2. View of maintained herbaceous area, unsuitable for all examined terrestrial species, facing north-northeast. Photopage 1 of 3 Mt Holly Pumping Station and Force Main December 19, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0368 Photograph 3. View of Long Creek, an unsuitable , unsuitable habitat for the Carolina heelsplitter, facing northwest. Photograph 4. View of an off-site Schweinitz's sunflower population, facing west. Photopage 2 of 3 Mt Holly Pumping Station and Force Main December 19, 2019 Protected Species Habitat Assessment Report CWS Project No. 2019-0368 Photograph 5. View of an on-site Schweinitz's sunflower habitat, facing south. Photopage 3 of 3 hdrinc.com 440 S Church Street, Suites 800, 900 & 1000, Charlotte, NC US 28202-2075 (704) 338-6700 1 November 22, 2019 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801 RE: Threatened and Endangered Species Survey Stowe Regional Water Resource Recovery Facility Mecklenburg County, North Carolina Dear Mr. Hamstead, This letter presents the findings of a threatened and endangered species assessment conducted by HDR for Charlotte Water to support planning efforts the Stowe Regional Water Resource Recovery Facility (WRRF). The survey was conducted over a 253 acre Study Area located in Mecklenburg County, North Carolina near the Catawba River (Figure 1). The Study Area (Site) is located between the Catawba River and Belmeade Drive, south of NC 27 and north of US National Whitewater Center in Mt Holly, North Carolina and encompasses approximately 253 acres. The Site consists of undeveloped forested areas, jurisdictional streams and wetlands, and existing infrastructure associated with Long Creek Pump Station (Figure 2). The proposed Stowe Regional WRRF is needed for a regional waste water treatment operation to support continued growth in the region; therefore, the project proposes upgrades to the existing Long Creek Pump Station, the construction of the proposed Stowe WRRF, access roads, and sanitary sewer forcemains that will be installed by horizontal directional drilling methods (Figure 3). HDR’s approach to this study involved conducting a desktop review of publically available data as well as an on-site investigation to evaluate potential habitat for federally protected species. The following sections provide a summary of HDR’s methods and findings of the desktop review and on- site field reconnaissance. Attached to this letter are supporting figures and agency reports. Desktop Review HDR conducted a desktop review of protected species likely to occur on or in the vicinity of the Project Site. Species addressed include those listed under the Endangered Species Act or critical habitat designated under the Endangered Species Act. HDR consulted the USFWS Information for Planning and Consultation (IPaC) database, which summarizes species and trust resources under the USFWS’s jurisdiction that are known or expected to be on or near the project area (IPaC Resource List, attached). The North Carolina Natural Heritage Program (NCNHP) Data Explorer database was also queried for a list of federally Charlotte Water | Stowe RWRRF Threatened and Endangered Species Survey 2 protected species with potential to occur within and in proximity to the project site, attached. Table 1 summarizes species that are federally listed on both lists. Species that are federally protected under the Bald and Golden Eagle Protection Act (BGEPA) were also included in this review. Table 1. Federally protected species listed for Mecklenburg County Common Name Scientific Name Federal Status1 Habitat Description Habitat Present (Y/N) Birds Bald eagle Haliaeetus leucocephalus BGPA Nests at tops of large, mature trees near large rivers, lakes, and marshes containing small animals, fish, and carrion. No Mammals Northern long- eared bat Myotis septentrionalis T Hibernates in caves and mines during winter; roosts under bark, in cavities or crevices in trees and snags during summer No - hibernacula; Yes - roosting trees Invertabrate Carolina heelsplitter Lasmigona decorata E Cool, clean, well-oxygenated water with stable, silt-free stream bottoms No Plants Michaux’s sumac Rhus michauxii E Sandy or rocky, open, upland woods on acidic or circumneutral, well-drained sandy or loamy soils; sandy or submesic loamy swales and depressions in the Sandhills region; disturbed areas such as maintained roadsides and utility rights-of-way. No Schweinitz’s sunflower Helianthus schweinitzii E Areas with poor soils in forest openings, grasslands, or disturbed areas such as roadsides and utility rights-of-way. No Smooth coneflower Echinacea laevigata E Open woods, glades, xeric hardpan forests, diabase glades in abundant sunlight and little competition in the herbaceous layer. No 1 BGEPA = Bald and Golden Eagle Protection Act. Federally protected under the Bald and Golden Eagle Protection Act. T = Threatened. A taxon “likely to become endangered within the foreseeable future throughout all or a significant portion of its range.” E = Endangered. A taxon “in danger of extinction throughout all or a significant portion of its range.” The NCNHP Project Report (NCNHDE-10381, attached) summarizes that there have been no known occurrences of federally protected species or critical habitat that have been documented within the Site; however, two occurrences of Schweinitz’s sunflower (Helianthus schweinitzii) have been documented within a one-mile radius of the Site in 2011 and 2013. Charlotte Water | Stowe RWRRF Threatened and Endangered Species Survey 3 Field Reconnaissance Results During the week of September 9 through the 13th, 2019, HDR environmental scientists conducted a pedestrian survey of the site to verify the presence or absence of potential habitat for federally threatened and endangered species listed in Table 1 that may occur on the site. A reference site of Schweinitz’s sunflower was visited on September 9th and confirmed to be in flower. No habitat has been identified for any of the species in Table 1 with the exception of summer roosting habitat for the northern long-eared bat (NLEB). Vertebrates Bald eagle (Haliaeetus leucocephalus) [Federally Protected under BGEPA] USFWS Recommended Survey Window: October 1 – May 15 Habitat Description: Bald eagles occur throughout much of the continental U.S. and Canada. The species frequently builds their nests in live pines or cypress trees near large bodies of open water and may congregate around fish processing plants, dumps, and below dams where fish congregate. Nests typically measure 6 to 8 feet deep and 6 feet in diameter, and are cone shaped. Bald eagles are opportunistic feeders and consume a variety of prey, which may be self-caught, scavenged, or robbed from other bird species. The threat to this species is attributed to disturbance and destruction of foraging and nesting habitat by urban and residential development (USFWS 1978). No individuals of bald eagles were observed; therefore, no impacts to this species are anticipated. Northern long-eared bat (Myotis septentrionalis) [Federally Threatened] USFWS Recommended Survey Window: May 15 – August 15 (summer); January 15 – February 15 (winter) Habitat Description: The northern long-eared bat is found across much of the eastern and north- central U.S. and all Canadian provinces from the Atlantic coast to the southern Northwest Territories and eastern British Columbia. The species’ range includes 37 states. White-nose syndrome, a fungal disease known to affect bats, is currently the predominant threat to this species. Northern long-eared bats have two distinct seasonal habitats. Winter habitats include caves and mines, whereas summer habitats consist of roosting singly or in colonies underneath bark, in cavities, or crevices of both live and dead trees. On rare occurrences this bat has also been found roosting in man-made structures such as barns or sheds. Northern long-eared bats emerge at dusk to fly through the understory of forested hillsides and ridges feeding on moths, flies, leafhoppers, caddisflies, and beetles, which they catch while in flight using echolocation. The bat also feeds by gleaning motionless insects from vegetation and water surfaces (USFWS 2015). Mature trees (greater than 12 inches in diameter) that exhibit exfoliating bark (i.e., hickories and oaks) and dead tree snags were observed within the forested portions of the Site and may serve as Charlotte Water | Stowe RWRRF Threatened and Endangered Species Survey 4 potential roosting habitat; however, the site was reviewed in accordance with the NLEB Standard Local Operating Procedures for Endangered Species (SLOPES) between the USACE, Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service (Service) Offices, and it was determined that the project is located outside of the highlighted areas/red 12-digit HUCs and activities in the project limits do not require prohibited incidental take; as such, this project meets the criteria for the 4(d) rule and any associated take is exempted/excepted. As established in the NLEB SLOPES, this project does not require prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule. Additionally, according to the NCNHP Data Explorer report, no known occurrences including hibernacula and/or maternity roost trees have been documented within or within close proximity to the Site. Invertebrates Carolina heelsplitter (Lasmigona decorata) [Federally Endangered] USFWS Recommended Survey Window: Year-round; March 1 – September (optimal) Habitat Description: The Carolina heelsplitter requires cool, clean, well-oxygenated water. It prefers stable, silt-free stream bottoms and generally occurs where the stream banks are well-vegetated with trees and shrubs. Historically, the Carolina heelsplitter was found in several locations in North and South Carolina. Known populations for the Carolina heelsplitter in Mecklenburg County occur only in the Goose Creek and Duck Creek watersheds within the Yadkin Pee-Dee River Basin and the Sixmile Creek watershed within the Catawba River Basin (USFWS 2011). The proposed project is located in the Long Creek watershed within the Catawba River Basin; however, there are no known populations of the Carolina heelsplitter within the Long Creek watershed. Moreover, the on-site streams are moderately degraded and exhibit erosion, incision, and high sediment levels which are limiting habitat factors for this species. No mussels of any species were observed and no suitable habitat for Carolina heelsplitter is present within the Site. No impacts to this species are anticipated. Vascular Plants Michaux’s sumac (Rhus michauxii) [Federally Endangered] USFWS Optimal Survey Window: May – October Habitat Description: Michaux’s sumac is endemic to the inner Coastal Plain and lower Piedmont regions, and grows in sandy or rocky, open, upland woods on acidic or circumneutral, well-drained sands or sandy loam soils with low cation exchange capacities. The species is also found on sandy or submesic loamy swales and depressions in the Sandhills region as well as in openings along the rim of Carolina bays; maintained railroad, roadside, power line, and utility rights-of-way; areas Charlotte Water | Stowe RWRRF Threatened and Endangered Species Survey 5 where forest canopies have been opened up by blow downs and/or storm damage; small wildlife food plots; abandoned building sites; under sparse to moderately dense pine or pine/hardwood canopies; and in and along edges of other artificially maintained clearings undergoing natural succession. In the central Piedmont, it occurs on clayey soils derived from mafic rocks. The plant is shade intolerant and, therefore, grows best where disturbance (e.g., mowing, clearing, grazing, and periodic fire) maintains its open habitat (USFWS 1989). The Site contains clayey soils that are not derived from mafic rock and are not well-drained. Due to lack of suitable soils, no habitat exists for the Michaux’s sumac within the Site; therefore, no impacts to this species are anticipated. Schweinitz’s sunflower (Helianthus schweinitzii) [Federally Endangered] USFWS Optimal Survey Window: late August – October Habitat Description: Schweinitz's sunflower is endemic to the Piedmont of North and South Carolina. The few sites where this rhizomatous perennial herb occurs in relatively natural vegetation are in xeric hardpan forests. The species is also found along roadside rights-of-way, maintained power lines and other utility rights-of-way, edges of thickets and old pastures, clearings and edges of upland oak-pine-hickory woods, Piedmont longleaf pine forests, and other sunny or semi-sunny habitats where disturbances (e.g., mowing, clearing, grazing, blow downs, storms, frequent fire) help create open or partially open areas for sunlight. The species is intolerant of full shade and excessive competition from other vegetation. Schweinitz’s sunflower occurs in a variety of soil series, including Badin, Cecil, Cid, Enon, Gaston, Georgeville, Iredell, Mecklenburg, Misenheimer, Secrest, Tatum, Uwharrie, and Zion, among others. It generally grows in shallow sandy soils with high gravel content, shallow, poor, clayey hardpans, or shallow rocky soils, especially those derived from mafic rocks (USFWS 1991). The Site includes dense forested areas of varying ages, unmaintained areas heavily invaded by invasive plant species, and regularly maintained mowed areas. Given the lack of disturbance to reduce competition and presence of invasive species, it was determined that there was no suitable habitat for Schweinitz’s sunflower present. Although it was determined that no suitable habitat was present, surveys for Schweinitz’s sunflower were still conducted during the survey window and no individuals were observed. Therefore, no impacts to this species are anticipated. Smooth coneflower (Echinacea laevigata) [Federally Endangered] USFWS Optimal Survey Window: Late May – October Habitat Description: Smooth coneflower, a perennial herb, is typically found in meadows, open woodlands, the ecotonal regions between meadows and woodlands, cedar barrens, dry limestone bluffs, clear cuts, and roadside and utility rights-of-way. In North Carolina, the species normally grows in magnesium- and calcium- rich soils associated with gabbro and diabase parent material, and typically occurs in Iredell, Misenheimer, and P icture soil series. It grows best where there is Charlotte Water | Stowe RWRRF Threatened and Endangered Species Survey 6 abundant sunlight, little competition in the herbaceous layer, and periodic disturbances (e.g., regular fire regime, well-timed mowing, clearing) that prevent encroachment of shade-producing woody shrubs and trees. In locations where woody succession is held in check, it is characterized by a number of species with prairie affinities (USFWS 1995). The Site includes dense forested areas of varying ages, unmaintained areas heavily invaded by invasive plant species, and regularly maintained mowed areas. These areas within the Site were not determined to be suitable habitat for smooth coneflower; therefore, no impacts to this species are anticipated. Effect Determination Based on the desktop review of the USFWS County List, IPaC, the NCNHP Data Explorer Report, and the subsequent field survey for the presence or absence of potential habitat, the project will have no effect on the bald eagle, Carolina heelsplitter, Michaux’s sumac, Schweinitz’s sunflower, or smooth coneflower. The project may affect, but is not likely to adversely affect the northern long- eared bat, but meets the criteria for the 4(d) rule and any associated take is exempted/excepted. We ask that you review the project area based on the attached information to determine if there will be any adverse impacts to federally protected species. If you have any questions or require additional information, please contact me at 704-338-6710 or Kelly.Thames@hdrinc.com. Sincerely, HDR Inc. Kelly Thames, PWS Project Manager/Environmental Scientist Attachments: Figure 1: Project Vicinity Figure 2: Aerial Imagery Figure 3: Preliminary Site Layout Photopage USFWS IPaC Resource List NCNHP Project Report NCNHDE-10381 cc: Nicole Bartlett, PE, Charlotte Water Charlotte Water | Stowe RWRRF Threatened and Endangered Species Survey 7 References U.S. Fish and Wildlife Service. 2017. Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species, Mecklenburg County, North Carolina. Updated June 27, 2018. (https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html) _____. 2015. Threatened Species Status for the Northern Long-eared Bat with 4(d) Rule. April 2015. (https://www.gpo.gov/fdsys/pkg/FR-2015-04-02/pdf/2015-07069.pdf) _____. 2011. Fact Sheet for Carolina heelsplitter (Lasmigona decorata). December 2011. (https://www.fws.gov/asheville/pdfs/CarolinaHeelsplitter_factsheet.pdf) _____. 1995. Recovery Plan for Smooth Coneflower (Echinacea laevigata). April 1995. (https://ecos.fws.gov/docs/recovery_plans/1995/950418.pdf) _____. 1991. Schweinitz’s Sunflower (Helianthus schweinitzii) Determined to be Endangered. May 1991. (https://ecos.fws.gov/docs/federal_register/fr1852.pdf) _____. 1989. Determination of Endangered Status for Michaux’s Sumac (Rhus michauxii). September 1989. (https://ecos.fws.gov/docs/federal_register/fr1601.pdf) _____. 1978. Determination of Certain Bald Eagle Populations as Endangered or Threatened. U.S. Fish and Wildlife Service, Washington, D.C. (https://ecos.fws.gov/docs/federal_register/fr183.pdf) STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS FIGURE 1 PROJECT VICINITY 0 1Miles O LEGEND Project Site (253.0 ac.) Mecklenburg County,North Carolina DATA SOURCE: Esri, OpenStreetMap contributors, and the GIS User Community STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTSAERIAL IMAGERY 0 1,000Feet O Ph oto graphs LEGEN D Project Site (2 53 ac.) Juris dictiona l Strea ms Ju risdictiona l Wetlan ds DATA SOURCE: Esri, OpenStreetMap contributors, and the GIS User Community 1 INCH = 1,000 FEET 1 2 Figure 2 STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTSPRELIMINARY SITE LAYOUT 0 1,000Feet O LEGEN D Project Site (2 53 ac.) Juris dictiona l Strea ms Ju risdictiona l Wetlan ds DATA SOURCE: Esri, OpenStreetMap contributors, and the GIS User Community 1 INCH = 1,000 FEET Figure 3 Existing Lo ng CreekPump Station NOTE: All site layout elements arepreliminary only and are subject to change. Prop osedStowe W RRF Prop osed Roadand Bridge Prop osed Roadand Bridge Prop osed EquilizationBasin Prop osed Forcemains(b y ho rizontional directional d rilling) Prop osed efflu entstructure Photopage | 1 Photograph 1 – View of Site, Facing Northeast (dated September 13, 2019). Photograph 2 – View of Site, Facing South (dated September 12, 2019). IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) 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- Local office Asheville Ecological Services Field Office (828) 258-3939 (828) 258-5330 160 Zillicoa Street Asheville, NC 28801-1082 http://www.fws.gov/nc-es/es/countyfr.html U.S. Fish & Wildlife ServiceIPaCInformation for Planning and Consultation Page 1 of 11IPaC: Explore Location 10/3/2019https://ecos.fws.gov/ipac/location/QOYIDXXKLBEANNDCO4VSMVY2PI/resources 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 . 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for 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: Page 2 of 11IPaC: Explore Location 10/3/2019https://ecos.fws.gov/ipac/location/QOYIDXXKLBEANNDCO4VSMVY2PI/resources Mammals Clams species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds NAME STATUS Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 Threatened NAME STATUS Carolina Heelsplitter Lasmigona decorata Endangered Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . 1 2 Page 3 of 11IPaC: Explore Location 10/3/2019https://ecos.fws.gov/ipac/location/QOYIDXXKLBEANNDCO4VSMVY2PI/resources 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: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds Page 4 of 11IPaC: Explore Location 10/3/2019https://ecos.fws.gov/ipac/location/QOYIDXXKLBEANNDCO4VSMVY2PI/resources Probability of Presence Summary 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 attempting to interpret this report. NAME BREEDING SEASON (IF A BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE BIRD MAY 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 DOES NOT LIKELY BREED IN YOUR Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Aug 31 Page 5 of 11IPaC: Explore Location 10/3/2019https://ecos.fws.gov/ipac/location/QOYIDXXKLBEANNDCO4VSMVY2PI/resources no data survey effort breeding season probability of presence Probability of Presence ( ) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) 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. How is the probability of presence 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 Survey Timeframe 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. SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Page 6 of 11IPaC: Explore Location 10/3/2019https://ecos.fws.gov/ipac/location/QOYIDXXKLBEANNDCO4VSMVY2PI/resources Bald Eagle Non-BCC Vulnerable (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.) Prairie Warbler BCC Rangewide (CON) (This is a Bird of BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) 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 likely to occur and be Page 7 of 11IPaC: Explore Location 10/3/2019https://ecos.fws.gov/ipac/location/QOYIDXXKLBEANNDCO4VSMVY2PI/resources 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. 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 (AKN). 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 10km grid cell(s) 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 Migratory birds delivered through IPaC fall into the following 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 longline fishing). 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. Page 8 of 11IPaC: Explore Location 10/3/2019https://ecos.fws.gov/ipac/location/QOYIDXXKLBEANNDCO4VSMVY2PI/resources Details about birds that are potentially affected by offshore projects 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 Loring. What if I have eagles on my list? National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife 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 AT THIS LOCATION. Page 9 of 11IPaC: Explore Location 10/3/2019https://ecos.fws.gov/ipac/location/QOYIDXXKLBEANNDCO4VSMVY2PI/resources Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. 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. Data limitations 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. Page 10 of 11IPaC: Explore Location 10/3/2019https://ecos.fws.gov/ipac/location/QOYIDXXKLBEANNDCO4VSMVY2PI/resources 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. 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 proprietary jurisdiction 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 Page 11 of 11IPaC: Explore Location 10/3/2019https://ecos.fws.gov/ipac/location/QOYIDXXKLBEANNDCO4VSMVY2PI/resources NCNHDE-10381 October 3, 2019 Jessica Tisdale HDR 555 Fayetteville Street Raleigh, NC 27601 RE: Stowe Project Dear Jessica Tisdale: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached ‘Documented Occurrences’ tables and map. The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is documented within the project area or indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally-listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Stowe Project October 3, 2019 NCNHDE-10381 Element Occurrences Documented Within Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Natural Community 33727 Floodplain Pool ---2014-07-14 C?3-Medium ------G3 S2 Natural Areas Documented Within Project Area Site Name Representational Rating Collective Rating Long Creek Bluff R2 (Very High)C4 (Moderate) Managed Areas Documented Within Project Area* Managed Area Name Owner Owner Type US National Whitewater Center Mecklenburg County Local Government Catawba Lands Conservancy - Long Creek Preserve (Tract 1 & 1b) Catawba Lands Conservancy Private Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Catawba Lands Conservancy Easement Catawba Lands Conservancy Private *NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally-listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on October 3, 2019; source: NCNHP, Q3 Jul 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Stowe Project October 3, 2019 NCNHDE-10381 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Animal Assemblage 38910 Waterbird Colony ---2018-02-14 E 2-High ------GNR S3 Freshwater Fish 32504 Etheostoma thalassinum Seagreen Darter 2008-02-13 E 3-Medium ---Significantly Rare G4 S3 Natural Community 33727 Floodplain Pool ---2014-07-14 C?3-Medium ------G3 S2 Natural Community 33726 Mesic Mixed Hardwood Forest (Coastal Plain Subtype) ---2015-04-08 C 2-High ------G3 S3 Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi?5-Very Low ---Endangered G3 S2 Vascular Plant 20445 Helianthus schweinitzii Schweinitz's Sunflower 2013 X 2-High Endangered Endangered G3 S3 Vascular Plant 25499 Helianthus schweinitzii Schweinitz's Sunflower 2011-09-22 D 2-High Endangered Endangered G3 S3 Vascular Plant 34548 Ilex longipes Georgia Holly 2015-04-08 BC 2-High ---Significantly Rare Peripheral G5 S1 Vascular Plant 35172 Tradescantia virginiana Virginia Spiderwort 2015-05-04 A 2-High ---Threatened G5 S2S3 Natural Areas Documented Within a One-mile Radius of the Project Area Site Name Representational Rating Collective Rating Long Creek Bluff R2 (Very High)C4 (Moderate) Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type Gaston County Open Space Gaston County: multiple local government Local Government Long Creek Greenway Mecklenburg County Local Government US National Whitewater Center Mecklenburg County Local Government NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust Fund State NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust Fund State Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Page 3 of 5 Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type Catawba Lands Conservancy - Long Creek Preserve (Tract 1 & 1b) Catawba Lands Conservancy Private Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Catawba Lands Conservancy Easement Catawba Lands Conservancy Private Catawba Lands Conservancy Easement Catawba Lands Conservancy Private 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 October 3, 2019; source: NCNHP, Q3 Jul 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 4 of 5 Powered by TCPDF (www.tcpdf.org) Page 5 of 5