20200485 Ver 1_G-Protected Species Habitat Assessment Report_20200407

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
September 25, 2019
Mr. Frank McMahan
LandDesign Inc.
223 N Graham St.
Charlotte, NC 28202
Subject: Protected Species Habitat Assessment Report
Milton Road Affordable
Charlotte, North Carolina
CWS Project No. 2019-0121
Dear Mr. McMahan,
LandDesign Inc. has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected
species habitat assessment for the Milton Road Affordable site. The Milton Road Affordable site
(Mecklenburg County Tax Parcel Nos. 09921101 and 09917101) is approximately 16 acres in
extent and is located southwest of the Milton Road and North Sharon Amity 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 Explorer on September 20, 2019 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 USFWS' and
NCNHP' 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 September 20, 2019. Endangered and Threatened
Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html
Z North Carolina Natural Heritage Data Explorer. Accessed September 20, 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/nces/es/plant_Survey.html. Accessed September 20, 2019.
° 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
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Mecklenburg County' 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, PWS', and Megan Shelton, WPIT' conducted a pedestrian
habitat assessment of the project area on September 20, 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)'.
Results
Based on the NCNHP data explorer review, there are no known occurrences within a one -mile
radius 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
Milton Road Affordable 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 affinis
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
Two terrestrial community types were identified within the project area during the field survey.
These community types consist of mixed forest, and maintained herbaceous area (Figure 3). Of
the identified on -site community types, the forested areas and the maintained herbaceous areas
are considered potential habitat for federally threatened or endangered species that could
e United States Department of Agriculture, 2017. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 9/20/19.
Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
6 Professional Wetland Scientist, The Society of Wetland Scientist Professional Certification Program
7 Wetland Professional in Training, The Society of Wetland Scientist Professional Certification Program
S MLRC. National Land Cover Database, 2011. https://www.mrlc.gov/nlcdll_leg.php
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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 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 ESA since
1991.9 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:
A NCNHP data record review revealed that there are no current occurrences for this
species within the project limits. A desktop review of the site was conducted on
September 20, 2019, and determined that the site does not contain the supportive soils
commonly associated with Schweinitz's sunflower. The site is mostly forested and the
open maintained areas were shaded by surrounding trees, which is not conducive to
sunflower habitat (Photographs 1 and 2). This site assessment was completed during
the optimal flowing window of late August to October, and no individuals of Schweintz's
sunflower or other Helianthus species were observed during the field assessment on
September 20, 2019. Lack of supportive habitat and no observations of sunflower leads
CWS to conclude that this project will have no effect on the Schweinitz's
sunflower.
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 1992.10 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
9 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/frl852.pdf.
10 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/fed era l_register/fr2140.pdf.
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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).
The project limits are completely forested, which does not provide the abundant sunlight
the smooth coneflower requires. In addition, Iredell, Misenheimer, and Picture soil series
commonly associated with the smooth coneflower are not found within the project limits.
11 Due to the lack of habitat and known occurrences, CWS concludes that this project
will have no effect on the smooth coneflower.
Michaux's sumac (Rhus michauxii)
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 1989.12 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).
Disturbed open areas conducive to early -succession species are not present in the
project area. The on -site soils consist of the Helena soil series, which are too acidic for
Michaux's sumac. Additionally the Raleigh Ecological Services Field Office states in its
Michaux's sumac profile page that the species is considered historic in Mecklenburg
County13. Due to the lack of habitat and known occurrences, CWS concludes that this
project will have no effect on the 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
United States Department of Agriculture, 2017. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 9/20/19
Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
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/does/federaI_register/fr1601.pdf.
s Suiter, Dale. Fish and Wildlife Biologist. Raleigh Ecological Services Field, USFWS. Michaux's Sumac Species Profile page. Last
updated August 24, 2017. Accessed September 20, 2019 https://www.fws.gov/raleigh/species/es_michauxs_sumac.html
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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
streams containing bedrock with perpendicular crevices filled with sand and gravel, and
with wide riparian buffers.14
Biological Analysis:
There are two perennial streams on -site, but the stream banks are severely incised, and
the stream bottoms are heavily embedded with silt and trash, which is not suitable
habitat for Carolina heelsplitter. Both streams are connected to downstream waters via
a culvert, which is also not conducive for Carolina heelsplitter (Photographs 3 and 4).
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 have no
effecton the Carolina heelsplitter.
Rusty Patched Bumble Bee (Bombus affinis)
The Rusty patched bumble bee was listed as Endangered under the ESA in January 2016.95
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 1O(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 zones provide 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.16 According to USFWS' Rusty Patched Bumble Bee
Interactive Map, Mecklenburg County is located within an unoccupied zone. Therefore, the
proposed project will have no effect on the Rusty -patched bumble bee.
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
14 NCDOT TE Animal Habitat Descriptions. 2015.
https://connect.ncdot.gov/resources/Environmental/Compliance%20Guides%20and%20Procedures/TE%20Animal°/`20Habitat%
20Descriptions%20Mar_6_2015.pdf
15 United States Fish and Wildlife Services.
https://www.fws.gov/midwest/endangered/i nsects/rpbb/pdf/Survey_Protocols_RPBB_12Apri l2019. pdf
16 United States Fish and Wildlife Services. https://www.fws.gov/midwest/endangered/insects/rpbb/index.html
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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.
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
Army Corps of Engineers (USACE), Wilmington District, on January 31, 2017.18 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 1 (ALP 1) applies for the Milton
Road Affordable site as the action area is within range of the NLEB,19 the action area is located
outside of a red 12-digit HUC as defined by the Asheville Ecological Services Field Office,2' 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 1 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'21 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 September 20, 2019 using 2019 color aerials. No water
bodies large enough or sufficiently open to be considered potential feeding sources were
identified on the project. 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 September 20, 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 have no effect on 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 Schweinitz's sunflower, 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
17 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
18
USACE http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
19 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf
2° The U.S. Fish and Wildlife Service (USFWS) 2016. Northern Long -Eared Bat.
21 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html
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project area will not directly or indirectly jeopardize the continued existence of Schweinitz's
sunflower, 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 agreement22. Biological
determinations requirements for federally protected species are summarized in Table 2.
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
No Effect
No
Echinacea laevigata
Smooth coneflower
E
No Effect
No
Rhus michauxii
Michaux's sumac
E
No Effect
No
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/Excepted
Yes**
Haliaeetus
Bald eagle
BGPA
No Effect
No
leucocephalus
* E - Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
** - Required in accoradnce with SLOPES, ALP 1 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.
22 http://www.fws.gov/asheville/htmis/project review/NLEB_in_WNC.html
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CWS Project No. 2019-0121
Thank you for the opportunity to provide these services on this important project. Please do not
hesitate to contact Megan Shelton at 757-576-6433 or [e-mail] should you have
any questions or comments regarding this report.
Sincerely,
mr3�'�
Megan Shelton, WPIT
Staff Scientist II
Attachments: Figure 1: USGS Site Location
Christine A. Geist, PWS, CE
Principal Scientist
Figure 2: USDA-NRCS Soil Map of Mecklenburg County
Figure 3: Aerial Map
Attachment A: NCNHP Data Review Report
Attachment B: Representative Photographs (1-4)
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REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): DERITA, HARRISBURG, MINT HILL, AND CHARLOTTE EAST, NC (2017).
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G:\Shared drives\Consulting Team Drive\2019\2019 Consulting Projects\2019-0121 Milton Rd Affordable\PETS\ArcGIS\Figure2_CurrentSoil.mxd
REFERENCE: USDA-NRCS WEB SOIL SURVEY OF MECKLENBURG COUNTY, NC, DATED 2018.
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Hydric (Y/N)Coverage (%)HeB Helena sandy loam, 2 to 8 percent slopes No 52.4HuBHelena-Urban land complex, 2 to 8 percent slopes No 47.6100
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REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2019. BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2019.
NOTE: HABITAT ASSESMENT PERFORMED BY CWS, INC ON SEPTEMBER 20, 2019. DELINEATIONPERFORMED BY CWS, INC. ON MARCH 8, 2019. ON-SITE FEATURES HAVE NOT BEEN VEREFIED BY THE USACE.
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Attachments
September 25, 2019
CWS Project No. 2019-0121
Attachment A:
NCNHP Report

a mom Roy Cooper. Governor
■■ ■ NC DEPARTMENT OF Susi Hamilton, Secretary
ON -as NATURAL AND CULTURAL RESOURCES
0 mom Walter Clark. Director, Land and Water Stewardship
NCNHDE-10287
September 20, 2019
Megan Shelton
Carolina Wetland Services
550 East Westinghouse Blvd
Charlotte, NC 28273
RE: Milton Road Affordable
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:
httos://www.fws.aov/offices/Directorv/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 INC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler(a�ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
a 121 W. JONES STREET. RALEIGH. NC 27E03 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 919.707.9120 • FAX 919,707.9121

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Attachments
September 25, 2019
CWS Project No. 2019-0121
Attachment B:
Photopage (Photographs 1-4)