20200425 Ver 1_Protected Species Habitat Assessment_20200327

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
March 22, 2019
Mr. Shaun Gasparini
Dependable Development
2649 Brekonridge Centre Drive
Monroe, NC 28110
Subject: Protected Species Habitat Assessment Report
Mallard Creek
Charlotte, North Carolina
CWS Project No. 2019-0142
Dear Mr. Gasparini,
Dependable Development has contracted Carolina Wetland Services, Inc. (CWS) to provide a
protected species habitat assessment for the Mallard Creek site. The Mallard Creek site
(Mecklenburg County Tax Parcel Nos. 029-10-180, 029-10-104, and 029-10-105) is
approximately 16 acres in extent and is located west of Mallard Creek Road and Salome Church
Road intersection in 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 (USFWS) Endangered and Threatened Species and Species of
Concern by County for North Carolina online database for Mecklenburg County'. In addition,
CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP)
Data Explorer2 on March 19, 2018 to determine if any record 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 USFWS3 and
NCNHP4 online resources including, but not limited to, specific USFWS species profiles,
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
United States Fish and Wildlife Service, Raleigh Field Office. Accessed March 19, 2019. Endangered and Threatened Species
and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.htmi
2 North Carolina Natural Heritage Data Explorer. Accessed March 19, 2019. https://ncnhde.natureserve.org/.
3 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant
Species. http://www.fws.gov/noes/es/plant_Survey.htmi. Accessed March 19, 2019.
4 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/cntylisttnc_counties.html
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET
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Mallard Creek
Protected Species Assessment Report
March 22, 2019
CWS Project No. 2019-0142
Mecklenburg County5 and aerial imagery were also reviewed for potential habitat communities
of listed species within the project vicinity (Figures 2 and 3).
Field Survey
CWS scientists Aliisa Harjuniemi, Professional Wetland Scientist (PWS), and Megan Shelton,
Wetland Professional in Training (WPIT), conducted a pedestrian habitat assessment of the
project area on March 13, 2019. Potential habitats for potentially occurring federally -protected
species that were identified during the desktop review were 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 for the occurence of
protected species. Identification references for natural communities include the National Land
Cover Database (2011)6.
Results
Based on the NCNHP data explorer review, there are no known occurrences within the project
limits. However, there are six current records of federally -protected species, Schweinitz's
sunflower, within a mile of the project limits (Attachment A). The USFWS lists seven federally
protected species for Mecklenburg County (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
Mallard Creek Site, Mecklenburg County, NC.
Major Group
Scientific Name
Common Name
Federal Status*
Record Status
Plant
Helianthus
Schweinitz's
E
Current
schweinitzii
sunflower
Plant
Echinacea
Smooth coneflower
E
Current
laevigata
Plant
Rhus michauxii
Michaux's sumac
E
Current
Animal
Lasmigona
Carolina heelsplitter
E
Current
decorata
Animal
Bombus afnts
Rusty -patched
E
Historic
bumble bee
Animal
Myotis
Northern -long-eared
T
Current
septentrionalis
bat
Animal
Haliaeetus
Bald eagle
BGPA
Current
leucocephalus
* E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
Three terrestrial community types were identified within the project area during the field survey.
These community types consist of deciduous forest, mixed forest, and shrub/scrub area (Figure
3). Of the identified on -site community types, the shrub/scrub and forested areas are
considered potential habitat for federally threatened or endangered species that could
United States Department of Agriculture, 2017. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 3/19/19.
Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
6 MLRC. National Land Cover Database, 2011. https://www.mrlc.gov/nlcdll_leg.php
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Mallard Creek
Protected Species Assessment Report
March 22, 2019
CWS Project No. 2019-0142
potentially occur within the project limits. A brief description of each species habitat
requirements and determination of effect findings are listed below by species.
Schweinitz's sunflower (Helianthus schweinitz@
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 ESA since 1991.
The typical habitat for this plant includes roadsides, old 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 majority of the site is forested, which is not conducive to Schweinitz's sunflower
habitat (Photograph 1). However, there are shrub/scrub areas along the eastern portion
of the project limits (totaling 2.9 acres) that do have the proper Enon soils and
occasional disturbances to support Schweinitz's sunflower (Photograph 2). No
individuals of Schweinitz's sunflower or other Helianthus species were observed during
the field assessment on March 13, 2019. However, this habitat assessment was
completed outside the optimal survey window and an NCNHP data record review
revealed that there are six known occurrences of Schweinitz's sunflower within a
one -mile radius of the project limits. As the supportive habitat was present CWS
recommends a targeted species survey later in the growing season.
Smooth coneflower (Echinacea laevigata)
Habitat Description:
Smooth 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 1992.8 Typical habitat for this plant 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, 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.
United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii
(Schweinitz's sunflower) Determined to be Endangered. hftp://ecos.fws.gov/docs/f`ederal_register/frl852.pdf.
8 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/fr2l40.pdf.
Page 3 of 7

Mallard Creek
Protected Species Assessment Report
March 22, 2019
CWS Project No. 2019-0142
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).
The majority of the project limits are forested, which does not provide the abundant
sunlight the Smooth coneflower requires. The few scrub/shrub areas that are within the
project limits area were heavily dominated by sawtooth blackberry. In addition, Iredell,
Misenheimer, and Picture soil series commonly associated with the Smooth coneflower
are not found within the project limits.' Due to the lack of habitat and known
occurrences, CWS concludes that this project will not affect Smooth coneflower.
Michaux's sumac (Rhus michauxit
Habitat Description:
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 Endangered Species Act (ESA) since 1989.11 It is
found on the coastal plains of Virginia to Florida, with most populations occurring in
North Carolina. It prefers sandy or rocky open woods with basic 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).
Though disturbed open areas conducive to early -succession species are present in the
project area, these areas consist of acidic Enon soils that are not suitable for Michaux's
sumac (Figure 2). Additionally the Raleigh Ecological Services Field Office states in its
Michaux's sumac profile page that the species is considered historic in Mecklenburg
County11. Due to the lack of habitat and known occurrences, CWS concludes that this
project will not affect Michaux's sumac.
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
a United States Department of Agriculture, 2017. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 3/19/19
Source: hftps://websoilsurvey.nres.usda.gov/app/HomePage.htm
10 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.
Suiter, Dale. Fish and Wildlife Biologist. Raleigh Ecological Services Field, USFWS. Michaux's Sumac Species Profile page. Last
updated August 24, 2017. Accessed March 19, 2019 hftps://www.fws.gov/raleigh/species/es_michauxs_sumac.html
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Mallard Creek
Protected Species Assessment Report
March 22, 2019
CWS Project No. 2019-0142
streams containing bedrock with perpendicular crevices filled with sand and gravel, and
with wide riparian buffers.12
Biological Analysis:
There is one perennial stream on -site, but the stream banks are severely incised. In
addition, the stream bottoms are heavily embedded with silt, which is not suitable habitat
for Carolina heelsplitter. The on -site perennial stream is connected to downstream
waters via a culvert, which is also not conducive for Carolina heelsplitter (Photograph 3).
Additionally, the 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). Therefore, CWS concludes that this project will not affect
the Carolina heelsplitter.
Rusty Patched Bumble Bee (Bombus affinis)
The Rusty patched bumble bee was listed as Endangered under the ESA in January 2017.13
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 is likely to be present in scattered locations that cover only about 0.1 % of the
species' historical range. It is within these limited areas USFWS recommend that federal
agencies and others consider the need to consult with the Service on the potential effects of
their actions or the potential need for an incidental take permit under section 10(a)(1)(B). For the
remaining 99.9% of the historical range, USFWS advise agencies and others that this bumble
bee is not likely to be present and that consultations or incidental take coverage is not
necessary.,14 According to USFWS' Rusty Patched Bumble Bee Interactive Map, Mecklenburg
County is not within the 0.1 % historical range as no high potential zones or low potential zones
are present within Mecklenburg County. Therefore, the proposed project will not affect the
Rusty -patched bumble bee.
Northern long-eared bat (Myotis septentrionalts)
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.15 The NLEB was listed as Threatened (T) on April 2, 2015.
The forested areas within the property 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
12 NCDOT TE Animal Habitat Descriptions. 2015.
https://con nect. ncdot.gov/resources/Environmental/Compliance%20G u ides%20and%20 Proced u res/TE%2OAn i mal %20 Habitat%
20Descri ptions%2OMar_6_2015. pdf
13 United States Fish and Wildlife Services. https://www.fws.gov/midwestlendangered/insects/rpbb/index.html
14 United States Fish and Wildlife Services. https://www.fws.gov/midwesttendangered/insects/rpbb/index.html
15 United States Fish and Wildlife Service. 2016.4(d) Rule for the Northern Long -Eared Bat; Final rule.
hftps://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf
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Mallard Creek
Protected Species Assessment Report
March 22, 2019
CWS Project No. 2019-0142
Army Corps of Engineers (USACE), Wilmington District, on January 31, 2017.16 This SLOPES
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
Mallard Creek site as the action area is within range of the NLEB," the 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 required on other listed species or critical habitat.
The final 4(d) rule exempts incidental take of NLEB associated with activities that occur greater
than 0.25 miles from a known hibernaculum site and greater than 150 feet from a known,
occupied maternity roost from June 1-July 31. In accordance with ALP 2 and the final 4(d) rule
(effective as of February 16, 2016), any incidental take that may result from associated activities
is exempt under the 4(d) rule. Therefore, this project is exempt under the 4(d) rule.
Bald eagle (Haliaeetus leucocephalus)
The Bald and Golden Eagle Protection Act,19 enacted in 1940, prohibits anyone without a permit
issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald
eagle includes cliffs and forested areas typically within 1.0 mile of estuaries, large lakes,
reservoirs, rivers, seacoast, and as they become more abundant, stands of undisturbed forest.
A desktop-GIS assessment of the project study area, as well as, the area within a 1 mile radius
of the project limits, was performed on March 19, 2019 using 2018 color aerials. No water
bodies large enough or sufficiently open to be considered potential feeding sources were
identified. Since there was no foraging habitat within the review area, a survey of the project
study area and the area within the project limits was not conducted. Additionally, a review of the
NCNHP database on March 19, 2019 revealed no known occurrences of this species within 1.0
mile of the project study area. Due to the lack of habitat and known occurrences, CWS
concludes that this project will not affect this species.
Summary
Based on the literature search and the results of the on -site assessment for suitable habitat of
federally -protected endangered, and threatened species, suitable habitat was not observed
within the project limits for Smooth coneflower, Michaux's sumac, Bald eagle, or Carolina
heelsplitter. Additionally, the project area is not located within the 0.1 % historical range of the
rusty -patched bumble bee. CWS has concluded that activities within the project area will not
directly or indirectly jeopardize the continued existence of Smooth coneflower, Michaux's
sumac, bald eagle, rusty -patched bumble bee, and Carolina heelsplitter. 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 agreement20. There is supportive habitat for Schweinitz's sunflower
within the project limits, and CWS recommends a targeted species survey later in the growing
season to determine the presence or absence of Schweinitz's sunflower within the project limits.
18 USACE http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
17 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nieb/pdf/WNSZone.pdf
18 The U.S. Fish and Wildlife Service (USFWS) 2016. Northern Long -Eared Bat.
19 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html
20 http://www.fws.gov/asheville/htmis/project_review/NLEB_in_WNC.htmi
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Mallard Creek
Protected Species Assessment Report
March 22, 2019
CWS Project No. 2019-0142
Biological determinations requirements for federally protected species are summarized in Table
2 (below).
Table 2. Biological Determination Requirements Summary Table for Federally Protected Species
Federal
Effect on Listed
Biological
Scientific Name
Common Name
Status*
Species
Determination
Required
Helianthus schweinitzii
Schweinitz's sunflower
E
Survey
Yes
Recommended
Echinacea laevigata
Smooth coneflower
E
Will Not Affect
No
Rhus michauxii
Michaux's sumac
E
Will Not Affect
No
Lasmigona decorata
Carolina heelsplitter
E
Will Not Affect
No
Bombus affinis
Rusty -patched bumble bee
E
Will Not Affect
No
Myotis septentrionalis
Northern -long-eared bat
T
Exempt/Excepted
Yes**
Haliaeetus
Bald eagle
BGPA
Will Not Affect
No
leucocephalus
* E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
** - Required in accoradnce 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.
Thank you for the opportunity to provide these services on this important project. Please do not
hesitate to contact Aliisa Harjuniemi at 980-259-1222 or [e-mail] should you have
any questions or comments regarding this report.
Sincerely,
Aliisa Harjuniemi, PWS Christine A. Geist, PWS, CE
Project Scientist Principal Scientist
Attachments: Figure 1: USGS Site Location
Figure 2: USDA-NRCS Soil Map of Mecklenburg County
Figure 3: Aerial Imagery with Potential Habitat
Attachment A: NCNHP Data Review Report
Attachment B: Representative Photographs (1-3)
Page 7 of 7

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Mallard Creek
Attachments
March 22, 2019
CWS Project No. 2019-0142
ATTACHMENT A:
NCNHP Report

■ ■■■ Roy Cooper, Governor
■■ ■ INC DEPARTMENT OF Susi Hamilton. Secretary
■■non NATURAL AND CULTURAL RESOURCES
■ ■■N Walter Clark, Director, Land and Water Stewardship
NCNHDE-8507
March 19, 2019
Megan Shelton
Carolina Wetland Services
550 East Westinghouse Blvd
Charlotte, NC 28273
RE: Mallard Creek
Dear Megan Shelton:
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:
httl2s://www.fws.aov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butlerCo)ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OFNATURAL AND CULTURAL RESOURCES

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Mallard Creek
Attachments
March 22, 2019
CWS Project No. 2019-0142
ATTACHMENT B:
Photopage (Photographs 1-3)

Mallard Creek
Attachment B - Photopage
March 22, 2019
CWS Project No. 2019-0142
Photograph 1. View of unsuitable habitat for Schweinitz's sunflower and Smooth coneflower, facing east.
Photograph 2. View of suitable habitat for Schweinitz's sunflower, facing east.
Photopage 1 of 2

Mallard Creek
Attachment B - Photopage
March 22, 2019
CWS Project No. 2019-0142
Photograph 3. View of unsuitable habitat for Carolina heelsplitter, facing east.
Photopage 2 of 2