HomeMy WebLinkAbout20200518 Ver 1_2019-11-05_Albemarle Beach_Self-Cert_20200415
192 Raceway Drive, Mooresville, NC 28117 ∙ Phone: 704.662.0375 ∙ info@sunenergy1.com
w w w . s u n e n e r g y 1 . c o m
November 4, 2019 Leigh Mann Raleigh Field Office of the U.S. Fish and Wildlife Service P.O. Box 33726 Raleigh, NC 27636-3726 Dear Ms. Mann, SunEnergy1 (SE1) would like to submit the following Self-Certification package for the proposed Albemarle Beach Solar project in Washington County. SE1 has previously submitted a Self-certification package to the FWS and is submitting the following document due to the previous determination reaching its effective date. Construction activity has not taken place outside of the proposed collector substation. SunEnergy1 has followed the necessary steps to evaluate possible impacts to Rare, Threatened, and Endangered species habitats, and requests that the USFWS verify that the investigations completed by SE1 meet the standards of an ecological impact review. SE1 examined federally-listed, threatened and endangered species likely or documented to occur, or having habitat within, the project impact area, and assessed any potential impact of the proposed work on these resources. SE1 utilized the U.S. Fish and Wildlife Service’s (USFWS) IPaC database, the USFWS North Carolina county database, the North Carolina Natural Heritage Program (NCNHP) database, and USFWS species bio pages to gather information. The project will utilize photovoltaic (non-reflective) panels that will be ground mounted using non-galvanized steel I-beams. SE1 intends to develop in the open areas of the property. There will be minimal tree clearing to reduce shading on panels and install overhead transmission lines. All the proper processes will be taken to ensure that the clearing, if any, is in good standing with all government agencies. Please contact me with any questions or concerns regarding project activities and compliance with the Endangered Species Act at the contact information listed below or at nick.tillson@sunenergy1.com. Thank you for your time and review of SE1’s self-certification package submittal. Sincerely, Nicholas Tillson
192 Raceway Drive, Mooresville, NC 28117 ∙ Phone: 704.662.0375 ∙ info@sunenergy1.com
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Attachment 1: Google Earth Aerial of Albemarle Beach Site
Attachment 2: Google Earth Aerial with Wetland Delineation Overlay
Attachment 3: Preliminary Site layout (subject to change)
Attachment 4: USFWS IPaC results
Attachment 5: NCNHP Database Search Results
Attachment 6: Species Conclusion Table
Attachment 7: USFWS Self Certification Letter
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November 04, 2019
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Consultation Code: 04EN2000-2018-SLI-0590
Event Code: 04EN2000-2020-E-00368
Project Name: Albemarle Beach Solar
Subject:Updated list of threatened and endangered species that may occur in your proposed
project location, and/or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally-listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally-protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
11/04/2019 Event Code: 04EN2000-2020-E-00368 2
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally-listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally-protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at john_ellis@fws.gov.
11/04/2019 Event Code: 04EN2000-2020-E-00368 3
▪
Attachment(s):
Official Species List
11/04/2019 Event Code: 04EN2000-2020-E-00368 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
(919) 856-4520
11/04/2019 Event Code: 04EN2000-2020-E-00368 2
Project Summary
Consultation Code:04EN2000-2018-SLI-0590
Event Code:04EN2000-2020-E-00368
Project Name:Albemarle Beach Solar
Project Type:POWER GENERATION
Project Description:Proposed Photovoltaic Solar Facility
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.91188993629988N76.63294812210547W
Counties:Washington, NC
11/04/2019 Event Code: 04EN2000-2020-E-00368 3
1.
Endangered Species Act Species
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Threatened
Red Wolf Canis rufus
Population: U.S.A. (portions of NC and TN)
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/37
Experimental
Population,
Non-
Essential
Birds
NAME STATUS
Red Knot Calidris canutus rufa
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1864
Threatened
Red-cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Endangered
1
11/04/2019 Event Code: 04EN2000-2020-E-00368 4
Reptiles
NAME STATUS
American Alligator Alligator mississippiensis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/776
Similarity of
Appearance
(Threatened)
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
NCNHDE-10638
November 4, 2019
Nicholas Tillson
SunEnergy1
192 Raceway Drive
Mooresville, NC 28117
RE: Albemarle Beach Solar
Dear Nicholas Tillson:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally-listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Albemarle Beach Solar
November 4, 2019
NCNHDE-10638
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
Bird 22230 Haliaeetus
leucocephalus
Bald Eagle 2015-03-25 E 2-High Bald/Golden
Eagle
Protection
Act
Threatened G5 S3B,S3
N
Freshwater Fish 24087 Acipenser
brevirostrum
Shortnose Sturgeon 1998-05-18 H?5-Very
Low
Endangered Endangered G3 S1
Freshwater Fish 38940 Acipenser oxyrinchus
oxyrinchus
Atlantic Sturgeon 2015-06-02 E 4-Low Endangered Endangered G3T3 S2
Mammal 23088 Canis rufus Red Wolf 2019 Er 5-Very
Low
Experimental,
nonessential
Threatened G1Q S1
Natural
Community
2478 Nonriverine Swamp
Forest (Mixed
Subtype)
---2012 C?2-High ------G3 S3
Natural
Community
15490 Tidal Swamp
(Cypress--Gum
Subtype)
---2018-05-15 BC 2-High ------G3G4 S4
Natural Areas Documented Within a One-mile Radius of the Project Area
Site Name Representational Rating Collective Rating
Roanoke River Delta--Conaby Creek R1 (Exceptional)C3 (High)
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Owner Type
Wetland Reserve Program Easement US Department of Agriculture, Natural
Resources Conservation Service
Federal
Roanoke River Preserve The Nature Conservancy Private
NC Clean Water Management Trust Fund Funded
Project
NC DNCR, Clean Water Management Trust
Fund
State
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on November 4, 2019; source: NCNHP, Q4 Oct 2019.
Page 2 of 4
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 3 of 4
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Page 4 of 4
Species Conclusions Table
Project Name: _______________________________________________________________________
Date: ____________________________________________________
Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation
Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an
informed decision about impacts in the immediate and surrounding areas.
_______________________________________________________________ ___________________________
Signature /Title Date
Northern Long-eared Bat
Myotis septentrionalis
Red Wolf
Canis rufus
Red Knot
Calidris canutus rufa
Red-cockaded Woodpecker
Picoides borealis
American Alligator
Alligator mississippiensis
Suitable habitat not present
No suitable habitat present
No suitable habitat present
No suitable habitat present
No suitable habitat present
Bald Eagle
Haliaeetus leucocephalus
Unlikely to disturb nesting
bald eagles
Critical Habitats No critical habitat present
No effect
No effect
No effect
No effect
No effect
No eagle act permit required
Albemarle Beach Solar
11/05/2019
11/05/2019
The main site development is focused in the
open areas of the project
The main site development is focused in the
open areas of the project
The main site development is focused in the
open areas of the project
The main site development is focused in the
open areas of the project
The main site development is focused in the
open areas of the project
If Bald Eagle nests are identified in the project area, the
buffer recommendations listed on page 12 of National Bald
Eagle Management Guidelines will be followed
- Environmental Coordinator
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:__________________________
Self-Certification Letter
Project Name______________________________
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
“no effect” determinations for proposed/listed species and/or
proposed/designated critical habitat; and/or
“may affect, not likely to adversely affect” determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
“may affect, likely to adversely affect” determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
“no Eagle Act permit required” determinations for eagles.
Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the “no effect” or
“not likely to adversely affect” determinations for proposed and listed species and
proposed and designated critical habitat; the “may affect” determination for Northern
long-eared bat; and/or the “no Eagle Act permit required” determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleigh@fws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package