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HomeMy WebLinkAbout20200532 Ver 1_USFWS_ConcurrenceRequest_SmithCreekPh2-3_20191213_20200420December 13, 2019 Mr. Gary Jordan US Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Re: Request for Concurrence Smith Creek Greenway — Phases 2 & 3 Wake Forest, Wake County, NC ;_ 0 a 3 3 3 1 ♦0 0 �00 hb. VHB is under contract with Stewart, Inc. (Stewart) to provide natural resources assessments for the proposed Smith Creek Greenway project. The proposed trail construction is a Town of Wake Forest project that is seeking federal LAP funding but has not yet received it at this time. If federal funds are obtained, they may be administered by NCDOT. We have reviewed the most recent USFWS list of species and critical habitats that may be present within Wake County and have obtained an official species list from [PAC. The following letter report lists the federally protected species currently documented to occur in Wake County, an assessment of suitable habitat within the study area, and our biological conclusions concerning the impact of the project on each species. We have attached the following information to assist with your review: • Protected Species Assessment including project description and biological conclusions for the listed and proposed species; • Figures — 0 1. Vicinity Map 0 2. Study Area and Terrestrial Communities • Site Photographs • Official Species List dated December 6, 2019 • Natural Heritage Date Explorer Reports dated December 13, 2019 • Species Conclusion Table • Self -certification Letter We respectfully request your input as needed on our findings. Thank you in advance for your assistance on this project. Please do not hesitate to contact me at (919) 741-5784 if you have any questions or concerns. Sincerely, VHB David G. Cooper Senior Environmental Scientist cc: Doug Taylor, PE — Stewart Venture I 940 Main Campus Drive, Suite 500 Engineers I Scientists I Planners I Designers Raleigh, North Carolina 27606 P 919.829.0328 F 919.833.0034 PROTECTED SPECIES ASSESSMENT Smith Creek Greenway Phases 2 and 3 — Burlington Mills Road to Heritage High School Wake County, NC PROJECT DESCRIPTION AND SETTING Phases 2 and 3 of the Smith Creek greenway total approximately 2.8 miles of a 10' wide asphalt trail, boardwalk, and bridges. Phase 2 will connect to the existing trail terminus south of Burlington Mills Road and will follow Smith Creek north to Ligon Mill Road. Phase 3 will follow Smith Creek north from Ligon Mill Road to Heritage High School. Within the scope of the project are two grade separated crossings underneath Ligon Mill Road and Burlington Mills Road. These segments of the trail help to create a continuous trail for the residents of Wake Forest to the regional trail system of the City of Raleigh and Wake County. Please refer to Figure 1 for a vicinity map of the project. The greenway will be designed as a multi -use bicycling and pedestrian trail. This type of trail is typically constructed as a 10-foot wide asphalt path, with an aggregate base, and two -foot wide shoulders on either side. Land disturbance for the construction of these trails is generally 15 to 20 feet wide. The project will require one bridge over Smith Creek. The design calls for the bridge to be a single span structure, with no temporary or permanent impacts to the stream bed as a result of construction. Tributaries to Smith Creek will be crossed with boardwalk and bridge structures to minimize impacts to these resources. Erosion and sedimentation will be controlled by the use of silt fencing along the corridor, and the project proposes to adhere to practices outlined in Design Standards in Sensitive Watersheds. If land disturbance is required near a stream, straw wattles and/or temporary rock silt checks may be used to treat water from disturbed areas. Several factors including drainage area, steepness of slope, and site -specific field conditions will dictate the actual device(s) used for sedimentation and erosion control. A review of land cover based the 2017 aerial image shows that approximately 75 percent of the contributing watershed upstream of the study area is comprised of residential and light industrial development and agriculture. Smith Creek originates approximately six river miles north and upstream of the study area in northern Wake County and flows north and south through primarily forested areas in Wake Forest. The creek is impounded by Wake Forest reservoir approximately three river miles upstream of the project area, and then continues south through the residential subdivisions and onto the study area. Stream substrate within the study area consists primarily of silt, sand, and gravel. Baseflow within the study area is approximately 20 feet wide. Downstream of the study area, the creek continues approximately 0.6 miles through forested wetlands adjacent to a residential subdivision to its confluence with the Neuse River in eastern Raleigh. VHB Project No. 39030.01 Page 2 of 7 FEDERALLY PROTECTED SPECIES Endangered Species Act Protected Species As of the most recently updated county list, dated June 27, 2018, the U.S. Fish and Wildlife Service (USFWS) lists six federally protected species under the Endangered Species Act (ESA) for Wake County. In addition, the USFWS Information for Planning and Consultation (IPaC) official species list for the project, updated on December 6, 2019, lists three species proposed for protection as potentially occurring within the project study area (Table 1). Although not currently listed by USFWS in Wake County, we also discuss the northern long-eared bat in this section. For each species, a discussion of the presence or absence of habitat is included below along with the Biological Conclusion rendered based on survey results in the study area. able 1. Federally Protected Species Listed for Wake County Federal Habitat Biological Scientific Name Common Name Status Present Conclusion Rhus michauxii Michaux's sumac Endangered Yes No Effect Picoides borealis Red -cockaded Endangered No No Effect woodpecker Alasmidonta heterodon Dwarf wedgemussel Endangered Yes May Affect, Not Likely to Adversely Affect Parvaspina steinstansana Tar River spinymussel Endangered No No Effect Elliptio lanceolata Yellow lance Threatened No No Effect Notropis mekistocholas Cape Fear shiner Endangered No No Effect Fusconaia masoni Atlantic pigtoe Proposed Yes May Affect, Not Likely to Threatened Adversely Affect Noturus furiosus Carolina madtom Proposed Yes May Affect, Not Likely to Endangered Adversely Affect Necturus lewisi Neuse River waterdog Proposed Yes May Affect, Not Likely to Threatened Adversely Affect Myotis septentrionalis Northern long-eared bat Threatened 4(d) Yes I May Affect Michaux's sumac USFWS Optimal Survey Window: May -October Biological Conclusion: No Effect A desktop-GIS assessment of the project study area was performed in November 2016 using 2013 color aerials. Areas with an open canopy such as utility line and sewer rights -of -way, old road beds, forest clearings, and road edges were targeted for field survey. Visual inspection of the project area determined that suitable habitat is of marginal quality. Most of the open canopy areas identified by desktop assessment were observed in the field to be generally too moist to support this species and were within the active floodplain of Smith Creek. On May 3, 2017, a plant -by -plant survey was conducted within potentially suitable habitat, by a qualified observer, for approximately five person -hours. The plant -by -plant survey resulted in no specimens of Michaux's sumac located. A NCNHP data explorer report dated December 13, 2019 revealed no known occurrences of this species within 1 mile of the project study area. Due to the lack of observed specimens, the marginal quality of suitable habitat, the lack of known occurrences within 1 mile of the study area, and the minimal impact anticipated for this project, it has been determined that this project will not affect this species. VHB Project No. 39030.01 Page 3 of 7 Red -cockaded woodpecker USFWS Recommended Survey Window: year round; November -early March (optimal) Biological Conclusion: No Effect A NCNHP data explorer report dated December 13, 2019 revealed no known occurrences of this species within 1 mile of the study area. NCNHP records dated July 2018 indicate that all RCW records within a 30-mile radius of the study area are either historical records or RCWs have been documented extirpated from these areas. The closest historical/extirpated RCW record to the study area in this data set is approximately 11 miles away. A desktop-GIS assessment of the project study area was performed in November 2016 using 2013 color aerials. Areas which appeared to be dominated by pine trees were targeted for on -site habitat evaluation. Field surveys of the study area were conducted during November 2016 and on May 3, 2017. Visual inspection of the project area determined that no suitable foraging or nesting habitat exists. Some areas dominated by pine do not constitute suitable nesting or foraging habitat due to the relatively young age (under 30 years), dense spacing, and tall understory. Other scattered areas totaling approximately 6 acres contain loblolly pines (Pinus taeda) over 30 years old. The largest pines in these areas were cored and aged at 74 years old. Stands containing individual loblolly pines over 30 years old do not constitute suitable foraging habitat due to stand composition and understory structure. These stands consist of mixed pine and hardwoods; most notably, large competing specimens of sweetgum (Liquidambar styraciflua). The understory consists of tall saplings and shrubs, and generally lacks grasses and other herbs characteristic of foraging habitat. All areas of potentially suitable habitat were traversed on foot by a qualified observer. No potentially suitable nesting or foraging habitat was encountered within the study area. Due to the lack of nesting habitat and foraging habitat, the lack of known occurrences within 1 mile of the study area, the apparent extirpation of RCWs from the surrounding area, and the minimal impact anticipated for this project, we have determined that this project will not affect this species. Dwarf wedgemussel USFWS Recommended Survey Window: Year-round Biological Conclusion: May Affect, Not Likely to Adversely Affect Marginally suitable habitat for the dwarf wedgemussel exists within Smith Creek within the project area. The reach of Smith Creek within the study area is not a USFWS-designated Identified Stream Reach (ISR) or within 0.25 mile of an ISR for this species per the June 2019 ISR layer. The study area is located within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated December 6, 2019, includes the dwarf wedgemussel. A NCNHP data explorer report dated December 13, 2019 revealed no known occurrences of this species within 1 mile of the study area. NCNHP records dated July 2018 show the closest documented population of the dwarf wedgemussel in the Neuse basin is located approximately 11.5 river miles downstream of the study area in the main stem of the Neuse River, upstream and downstream of its confluence with Crabtree Creek. The record for this population is categorized as "historical". The record is dated 1951, and no more recent information on the population is available in the NCNHP database. The greenway will be designed as a multi -use bicycling and pedestrian trail. This type of trail is typically constructed as a 10-foot wide asphalt path, with an aggregate base, and two -foot wide shoulders on either side. Land disturbance for the construction of these trails is generally 15 to 20 feet wide. The project as designed requires one bridged crossing of Smith Creek. The current design calls for bridges to be single span structures, with no temporary or permanent impacts to the stream bed as a result of construction. Tributaries to Smith Creek will be crossed with boardwalk and bridge structures. Erosion and sedimentation will be controlled by the use of silt fencing along the corridor. If land disturbance is required near a stream, straw wattles and/or temporary rock silt checks may be used to treat water from disturbed areas. Several factors including drainage area, steepness of slope, and site -specific field conditions will dictate the actual device(s) used for sedimentation and erosion control. Due to the lack of proposed impacts to streams associated with the current project design, a mussel survey has not been conducted at this time. VHB Project No. 39030.01 Page 4 of 7 Due to the limited amount of disturbance anticipated for this project, the distance from known populations, and the avoidance of channel impacts to be employed during project construction, we have determined that this project may affect, but is not likely to adversely affect this species. Tar River spinymussel USFWS optimal survey window: year round Biological Conclusion: No Effect Mussel habitat within the project area includes Smith Creek. The reach of Smith Creek within the study area is not a USFWS-designated ISR or within 0.25 mile of an ISR for this species per the June 2019 ISR layer. The study area is not within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated December 6, 2019, does not include the Tar River spinymussel. A NCNHP data explorer report dated December 13, 2019 revealed no known occurrences of this species within 1 mile of the study area. Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream channels during project construction, we have determined that this project will not affect this species. Yellow lance USFWS optimal survey window: year-round Biological Conclusion: No Effect Mussel habitat within the project area includes Smith Creek. The reach of Smith Creek within the study area is not a USFWS-designated ISR or within 0.25 mile of an ISR for this species per the June 2019 ISR layer. The study area is not within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated December 6, 2019 does not include the yellow lance. A NCNHP data explorer report dated December 13, 2019 revealed no known occurrences of this species within 1 mile of the study area. Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream channels during project construction, we have determined that this project will not affect this species. Cape Fear shiner USFWS optimal survey window: April -June (tributaries); year-round (large rivers) Biological Conclusion: No Effect Fish habitat within the project area includes Smith Creek. The study area is not within the Range by Basin for this species, and the species has not been documented in the Neuse River basin, in which the study area is situated. The USFWS IPaC official species list for this project, dated December 6, 2019, does not include the Cape Fear shiner. A NCNHP data explorer report dated December 13, 2019 revealed no known occurrences of this species within 1 mile of the study area. Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream channels during project construction, we have determined that this project will not affect this species. Atlantic pigtoe USFWS optimal survey window: year-round Biological Conclusion: May Affect, Not Likely to Adversely Affect Marginally suitable habitat for the Atlantic pigtoe exists within Smith Creek within the project area. The reach of Smith Creek within the study area is not a USFWS-designated Identified Stream Reach (ISR) or within 0.25 mile of an ISR for this species per the June 2019 ISR layer. The study area is located within the Range by Basin for this VHB Project No. 39030.01 Page 5 of 7 species. The USFWS IPaC official species list for this project, dated December 6, 2019, includes the Atlantic pigtoe and states that the project is not located within its proposed critical habitat. A NCNHP data explorer report dated December 13, 2019 revealed no known occurrences of this species within 1 mile of the study area. NCNHP records dated July 2018 show the closest documented population of the Atlantic pigtoe to which the study area has a hydrologic connection is located 14 river miles downstream of the study area near the confluence of Walnut Creek and the main stem of the Neuse River. The record for this population is dated 1951, and it is categorized as "historical". The greenway will be designed as a multi -use bicycling and pedestrian trail. This type of trail is typically constructed as a 10-foot wide asphalt path, with an aggregate base, and two -foot wide shoulders on either side. Land disturbance for the construction of these trails is generally 15 to 20 feet wide. The project as designed requires one bridged crossing of Smith Creek. The current design calls for bridges to be single span structures, with no temporary or permanent impacts to the stream bed as a result of construction. Tributaries to Smith Creek will be crossed with boardwalk and bridge structures. Erosion and sedimentation will be controlled by the use of silt fencing along the corridor. If land disturbance is required near a stream, straw wattles and/or temporary rock silt checks may be used to treat water from disturbed areas. Several factors including drainage area, steepness of slope, and site -specific field conditions will dictate the actual device(s) used for sedimentation and erosion control. Due to the lack of proposed impacts to streams associated with the current project design, a mussel survey has not been conducted at this time. Due to the limited amount of disturbance anticipated for this project, the distance from known populations, and the avoidance of channel impacts to be employed during project construction, we have determined that this project may affect, but is not likely to adversely affect this species. Neuse River waterdog USFWS Recommended Survey Window: Undetermined. Trapping surveys typically conducted in winter. Biological Conclusion: May Affect, Not Likely to Adversely Affect Potential Neuse River waterdog habitat within the project area includes Smith Creek. The study area is located within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated December 6, 2019, includes the Neuse River waterdog and states that the project is not located within its proposed critical habitat. A NCNHP data explorer report dated December 13, 2019 revealed a known occurrence of this species within 1 mile downstream of the study area in the main stem of the Neuse River. The status of the occurrence, dated 1980, is "historic". Recent re -surveys for this species have been conducted by the NC Wildlife Resources Commission (NCWRC) and NC State University at historic localities across North Carolina. Recent NCWRC trapping surveys near the project vicinity at the Neuse River crossings of US Hwy. 1 and US Hwy. 401 have failed to detect this species, but a record was reported from the Neuse River below the Falls Lake Dam, approximately 4.5 river miles upstream of the confluence with Smith Creek, by a citizen scientist in 2010 (Jeff Hall/NCWRC, pers. comm.). Additional surveys of this reach of the Neuse River by NC State University are planned. Due to the lack of documentation of this species in recent surveys in the project vicinity, the possibility that the species may still be extant in the Neuse River within 1 mile downstream of the project area, and the proposed avoidance of impacts to stream channels during project construction, we have determined that this project may affect, but is not likely to adversely affect this species. Carolina madtom USFWS Recommended Survey Window: Undetermined Biological Conclusion: May Affect, Not Likely to Adversely Affect Potential Carolina madtom habitat within the project area includes Smith Creek. The study area is located within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated December 6, 2019, includes the Carolina madtom and states that the project is not located within its proposed critical habitat. A NCNHP data explorer report dated December 13, 2019 revealed no known occurrences of this species within 1 VHB Project No. 39030.01 Page 6 of 7 mile of the study area. Due to the lack of proposed impacts to streams associated with the project design, a fish survey has not been conducted at this time. For the purpose of this evaluation, we assume that stream bed impacts will be avoided as proposed. Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream channels during project construction, we have determined that this project may affect, but is not likely to adversely affect this species. Northern long-eared bat USFWS Recommended Survey Window: June 1— August 15 Biological Conclusion: May Affect. We are relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific section 7 responsibilities. Bald and Golden Eagle Protection Act Bald eagle Optimal Survey Window: year round; November— March (optimal to observe birds and nests); February— May (optimal to observe active nesting) Habitat Description: Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. Biological Conclusion: Not Required A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was performed in November 2016 using 2013 color aerials. There are no water bodies large enough and sufficiently open to be considered a potential feeding source within this radius. Because there was no potentially suitable foraging habitat adjacent to the study area, no nest survey was conducted. A NCNHP data explorer report, dated December 13, 2019, revealed no known occurrences of this species within 1 mile of the study area. The proposed trail will utilize, to the extent practicable, existing cleared corridors such as sewer lines and rights -of -way, avoiding tree clearing in those areas. Due to the lack of suitable foraging habitat, the lack of known occurrences, and the minimal impact anticipated for this project, we have determined that no Eagle Act permit is required. VHB Project No. 39030.01 Page 7 of 7 t Legend Study Area, Phase 2 Study Area, Phase 3 L Alt WAKE DR nF ORFS, l7 O R� k J, SPARyW SR 5104 rn n Paz co v> / gQ' CO �OSa 1 3R?OS? SR 2054 xag s'aat- %' l s N v S N _ Pond ��✓° CIO x emil CO �7 �DAR���" SR2045 f � N 250 S 107 a' SR.3664 y SR?OSt \ ' -' A I 70 �4431 /) c t,,11 SR 2050 .70 5�%01 , i �'''�� SR?OO6 SR 2043 A Nay N _ A N INSET 1" = 10,000' y y Prepared By: Prepared For: Fig. 1: USGS Topographic Map N Smith Creek Greenway w L 00#0 Wake County, NC Vlib 5 T E''r� � T � ,.000 z,000 2013 Wake Forest USGS Quadrangle r = z,000 cam•, -� ,� Y ! !' .. ♦ I 01 Ar- - -O-41 99. POI Study Area, Phase /' ��.,�_•.� `♦ `\� '` ♦\ � ♦\ � \ �'f( �t ,�.�' � .a tip r<<. ... Y.��''� _ � �a� '• �-�., .S�% '.•' 's �'1 •1 t . ►� �. . y jj re 17 vo Study Area, Phase 3 34- Recent Clearcut k,/ 'Q. - �� Imo' •• wy,+.Y_ ��.' '., •'J )' \ ♦ \e..\ \ - r -• ♦ .�{•+ '� - .!•.- _.r) J`j' k � .� i(i 4-_ ♦ S ` '„.tip ,�r'LO' qj .` - ' �. \ \ Piedmont/Mountain • Forest -r� ;i •r• t� im Smith Creek Greenway Phases 2 and 3 Site Photographs — Taken November 2016 and May 2017 Photo 1— Smith Creek — Aquatic Habitat at Burlington Mills Rd. 'hoto 2—Smith Creek —Aquatic Habitat at Ligon Mill Rd. Photo 3 — Smith Creek — Aquatic Habitat at Existing Sewer Photo 4 — Smith Creek — Aquatic Habitat near Northern Proje( Crossing Terminus ioto 5 — Typical Large Loblolly Pine in Mixed Pine -Hardwood Photo 6 — Typical Utility ROW within Project Area, Surveyed fi Stand, Cored at 74 years Old Michaux's Sumac FI.!pi a 5t'�e.i n ua. 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: December 06, 2019 Consultation Code: 04EN2000-2017-SLI-0262 Event Code: 04EN2000-2020-E-00739 Project Name: Smith Creek Greenway 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 12/06/2019 Event Code: 04EN2000-2020-E-00739 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. 12/06/2019 Event Code: 04EN2000-2020-E-00739 Attachment(s): ■ Official Species List 12/06/2019 Event Code: 04EN2000-2020-E-00739 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 12/06/2019 Event Code: 04EN2000-2020-E-00739 2 Project Summary Consultation Code: 04EN2000-2017-SLI-0262 Event Code: 04EN2000-2020-E-00739 Project Name: Smith Creek Greenway Project Type: TRANSPORTATION Project Description: Wake Forest, North Carolina - proposed greenway trail segment following the Smith Creek corridor from south of Burlington Mills road to Heritage High School. This Town of Wake Forest project now has federal funds administered by NCDOT. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/35.92711333876195N78.53050652049706W ` wr �sc+ll Counties: Wake, NC 12/06/2019 Event Code: 04EN2000-2020-E-00739 3 Endangered Species Act Species There is a total of 6 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 Fisheries1, 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. Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened Species profile: https:Hecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Endangered Species profile: https:Hecos.fws.gov/ecp/species/528 12/06/2019 Event Code: 04EN2000-2020-E-00739 4 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened Species profile: https:Hecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. a now Ray Cooper. Governor !E E NC DEPARTMENT OF Eimom NATURAL AND CULTURAL RESOURCES Susi Hamilton. Secretary E EEE Walter Clark, Directar, Land and Water Stewardship NCNHDE-10926 December 13. 2019 David Cooper VHB Venture 1, 940 Main Campus Dr. Raleigh, INC 27606 RE: Smith Creek Greenway Phase 2; 39030.01 Dear David Cooper: 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 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 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.butlerC�ncdcr.gov or 919-707-8603. Sincerely, INC Natural Heritage Program DEPAR7h1EN7 OF NATURAL AN CULTURAL RESOURCES 121 W. JONES STREET, RALEIGH_ NC 27603 • 1651 MAIL SERVICE CENTER, RALEIGH. NC 27699 OFC 919.747.9120 • FAX 919.707,9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Smith Creek Greenway Phase 2 Project No. 39030.01 December 13, 2019 N CN H D E-10926 Element Occurrences Documented Within Project Area Taxonomic EO ID Scientific Name Comm( Amphibian 4373 Hemidactylium Four -toed Salamander scutatum ment Accuracy bservation Occurrence Date Rank 1996? H? 3-Medium Natural Areas Documented Within Project Area Sites Nam tines Upper Neuse River Floodplain R2 (Very High) C4 (Moderate) Federal State Global State Status Status Rank Rank --- Special G5 S3 Concern Managed Areas Documented Within Project Area ged Ar ame caner Type Town of Wake Forest Open Space Town of Wake Forest Local Government NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State Project Fund NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State Project Fund Town of Wake Forest Greenway - Smith Creek Town of Wake Forest Local Government Greenway Town of Wake Forest Greenway - Smith Creek Town of Wake Forest Local Government Greenway Town of Wake Forest Greenway Town of Wake Forest Local Government Town of Wake Forest Greenway Town of Wake Forest Local Government Town of Wake Forest Greenway Town of Wake Forest Local Government NC Department of Transportation Mitigation Site NC Department of Transportation State 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 httos://ncnhde.natureserve.ora/content/help. Data query generated on December 13, 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 Smith Creek Greenway Phase 2 Project No. 39030.01 December 13, 2019 N CN H D E-10926 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic E0 ID Scientific Nam Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Rank Rank Date Rank Amphibian 4373 Hemidactylium Four -toed Salamander 1996? H? 3-Medium --- Special G5 S3 scutatum Concern Amphibian 446 Necturus lewisi Neuse River Waterdog 1980-07-11 H 3-Medium Proposed Special G2 S2 Threatened Concern Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very --- Significantly G5 S2? Damselfly Low Rare Dragonfly or 26060 Gomphurus septima Septima's Clubtail 2012-05-03 BC 3-Medium --- Significantly G2 S3 Damselfly Rare Freshwater 29256 Alasmidonta undulata Triangle Floater 2017-10-30 E 3-Medium --- Threatened G4 S3 Bivalve Freshwater 36501 Elliptio roanokensis Roanoke Slabshell 2016-07-27 E 3-Medium --- Special G3 S3 Bivalve Concern Freshwater 33429 Lampsilis radiata Eastern Lampmussel 2017-09-26 E 3-Medium --- Threatened G5 S3 Bivalve Vascular Plant 39145 Scutellaria nervosa Veined Skullcap 2019-05-10 BC 2-High --- Endangered G5 S1 Natural Areas Documented Within a One -mile Radius of the Project Area Site tonal Ratin C ec ive ating Upper Neuse River Floodplain R2 (Very High) C4 (Moderate) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Na Pwner Type City of Raleigh Open Space City of Raleigh Local Government Town of Wake Forest Open Space Town of Wake Forest Local Government Wake County Open Space Easement Wake County Private City of Raleigh Open Space - Future Park City of Raleigh Local Government Town of Wake Forest Open Space Town of Wake Forest Local Government City of Raleigh Greenway - Neuse River Greenway City of Raleigh Local Government Town of Wake Forest Open Space - OS-078 Town of Wake Forest Local Government NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State Project Fund Page 3 of 5 Managed Areas D, Managed Area Na Town of Wake Foi >cumented Within a One -mile Radius of the Project Area est Open Space - OS-089 Town of Wake Forest Local 1 INC Clean Water Management Trust Fund Funded Project City of Oaks Foundation Greenway Town of Wake Forest Open Space City of Raleigh Greenway - Neuse River Greenway Town of Wake Forest Greenway - Smith Creek Greenway NC Clean Water Management Trust Fund Funded Project Town of Wake Forest Greenway - Smith Creek Greenway Town of Wake Forest Greenway Town of Wake Forest Greenway - Smith Creek Greenway Town of Wake Forest Greenway - Sanford Creek Greenway NC Clean Water Management Trust Fund Funded Project Town of Wake Forest Greenway Town of Wake Forest Greenway Town of Wake Forest Open Space Town of Wake Forest Greenway Town of Wake Forest Open Space NC Department of Transportation Mitigation Site Type ;overnment NC DNCR, Clean Water Management Trust State Fund City of Oaks Foundation Private Town of Wake Forest Local Government City of Raleigh Local Government Town of Wake Forest Local Government NC DNCR, Clean Water Management Trust State Fund Town of Wake Forest Local Government Town of Wake Forest Local Government Town of Wake Forest Local Government Town of Wake Forest Local Government NC DNCR, Clean Water Management Trust State Fund Town of Wake Forest Local Government Town of Wake Forest Local Government Town of Wake Forest Local Government Town of Wake Forest Local Government Town of Wake Forest Local Government INC Department of Transportation State Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.ora/content/helo. Data query generated on December 13, 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 NCNHDE-10926: Smith Creek Greenway Phase 2 n g "O"If CreeK co D/ P t� 0 1? n�I. ° �/ Futora""v— G ° �54 It j - eG r/ M,r _- �� HuNington Nlll's Rd A ve �a t Creek JET N envdte Loop Rrl 4br� Liles Rd w + E 9 S - December 13, 2019 Project Boundary Buffered Project Boundary NHP Natural Area (NHNA) Managed Area (MAREA) 1:29,747 0 0.25 0.5 1 mi 0 0.4 0.8 1.6 km Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NIPS , NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, MET], Esri China (Hong Kong), (c) OpenStreetMap contributors, and the CIS User Community a now Ray Cooper. Governor !E E NC DEPARTMENT OF Eimom NATURAL AND CULTURAL RESOURCES Susi Hamilton. Secretary E EEE Walter Clark, Directar, Land and Water Stewardship N CN H DE-10927 December 13. 2019 David Cooper VHB Venture 1, 940 Main Campus Dr. Raleigh, INC 27606 RE: Smith Creek Greenway Phase 3; 39030.01 Dear David Cooper: 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 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 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.butlerC�ncdcr.gov or 919-707-8603. Sincerely, INC Natural Heritage Program DEPAR7h1EN7 OF NATURAL AN CULTURAL RESOURCES 121 W. JONES STREET, RALEIGH_ NC 27603 • 1651 MAIL SERVICE CENTER, RALEIGH. NC 27699 OFC 919.747.9120 • FAX 919.707,9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Smith Creek Greenway Phase 3 Project No. 39030.01 December 13, 2019 NCNHDE-10927 Element Occurrences Documented Within Project Area Taxonomic EO ID Scientific Name Comm( Amphibian 4373 Hemidactylium scutatum Observation Occurrence Date Rank Four -toed Salamander 1996? H? Accuracy Federal State Global State MStatus Status Rank Rank 3-Medium --- Special G5 S3 Concern Natural Areas Documented Within Project Area Sites Nam11111111l Upper Neuse River Floodplain R2 (Very High) C4 (Moderate) Managed Areas Documented Within Project Area ged Ar ame Owner Type Town of Wake Forest Open Space Town of Wake Forest Local Government Town of Wake Forest Open Space - OS-078 Town of Wake Forest Local Government NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State Project Fund Town of Wake Forest Greenway - Smith Creek Town of Wake Forest Local Government Greenway NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State Project Fund Town of Wake Forest Greenway - Smith Creek Town of Wake Forest Local Government Greenway Town of Wake Forest Greenway - Smith Creek Town of Wake Forest Local Government Greenway Town of Wake Forest Greenway - Sanford Creek Town of Wake Forest Local Government Greenway NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State Project Fund Town of Wake Forest Open Space Town of Wake Forest Local Government 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 httos://ncnhde.natureserve.org/content/helo. Data query generated on December 13, 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 Smith Creek Greenway Phase 3 Project No. 39030.01 December 13, 2019 NCNHDE-10927 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic E0 ID Scientific Nam Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status ank Rank Date Rank Amphibian 4373 Hemidactylium Four -toed Salamander 1996? H? 3-Medium --- Special G5 S3 scutatum Concern Dragonfly or 32043 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very --- Significantly G5 S2? Damselfly Low Rare Natural Areas Documented Within a One -mile Radius of the Project Area Site Name presentational Rating Upper Neuse River Floodplain R2 (Very High) C4 (Moderate) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Na wner Type Town of Wake Forest Open Space Town of Wake Forest Local Government North American Land Trust Easement North American Land Trust Private Town of Wake Forest Open Space - OS-078 Town of Wake Forest Local Government NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State Project Fund Town of Wake Forest Greenway - Sanford Creek Town of Wake Forest Local Government Greenway NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State Town of Wake Forest Greenway - Smith Creek Town of Wake Forest Local Government Greenway NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State Project Fund Town of Wake Forest Greenway - Smith Creek Town of Wake Forest Local Government Greenway Town of Wake Forest Greenway - Smith Creek Town of Wake Forest Local Government Greenway Town of Wake Forest Greenway - Sanford Creek Town of Wake Forest Local Government Greenway NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State Project Fund Page 3 of 5 Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Na Town of Wake Forest Greenway Town of Wake Forest Local Government Town of Wake Forest Greenway Town of Wake Forest Local Government Town of Wake Forest Open Space Town of Wake Forest Local Government Town of Wake Forest Greenway Town of Wake Forest Local Government Town of Wake Forest Open Space Town of Wake Forest Local Government NC Department of Transportation Mitigation Site INC Department of Transportation State Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.ora/content/help. Data query generated on December 13, 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 NCNHDE-10927: Smith Creek Greenway Phase 3 F C� 41,E J WOO'/ y r, L Y N 6 id C� G�77i o E E December 13, 2019 Project Boundary Buffered Project Boundary El NHP Natural Area (NHNA) Managed Area (MAREA) 1:27,950 0 0.225 0.45 0.9 mi 0 0.375 0.75 1.5 km Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community 11111111 F(� � � 114�11 Species Conclusions Table Project Name: Smith Creek Greenway Phases 2 and 3 Date: December 13, 2019 Species I Resource Name Conclusion ESA Section 7 / Notes I Documentation Eagle Act Determination Bald eagle Unlikely to disturb No eagle act No NCNHP records or suitable habitat within 1 mile. 2013 orthophoto used to look for Haliaeetus leucocephalus nesting bald eagles permit required potential foraging water bodies. No nesting habitat in site vicinity. Michaux's sumac Suitable habitat present, No Effect Low quality habitat within study area. Plant -by -plant survey conducted by qualified observer Rhus michauxii species not present on May 3, 2017. No specimens found in study area. No NCNHP records within 1 mile. Red -cockaded woodpecker No suitable habitat No NCNHP records within 1 mile. No foraging or nesting habitat present. Surrounding area Picoides borealis present No Effect within /2 mile consists primarily of residential, commercial, and industrial development and roadways. May Affect, Not Dwarf wedgemussel Low potential suitable Likely to Adversely No NCNHP records within 1 mile. Known historic population approximately 11.5 miles away. Alasmidonta heterodon habitat present Affect No proposed project impacts to streams. Tar River spinymussel Parvaspina steinstansana No suitable habitat present. No Effect No NCNHP records within 1 mile. Not within Range by Basin for this species. Yellow lance Elliptio lanceolata No suitable habitat present. No Effect No NCNHP records within 1 mile. Not within Range by Basin for this species. Cape Fear shiner Notropis mekistocholas No suitable habitat present. No Effect No NCNHP records within 1 mile. Not within Range by Basin for this species. May Affect, Not Atlantic pigtoe Low potential suitable Likely to Adversely No NCNHP records within 1 mile. Known historic population approximately 14 miles away. Fusconaia masoni habitat present Affect No proposed project impacts to streams. May Affect, Not Carolina m Noturus furiosus iosus Low potential suitable habitat present Likely to Adversely No NCNHP records within 1 mile. No proposed project impacts to streams. Affect May Affect, Not Neuse River waterlog Nectucturus lewisi Low potential suitable habitat present Likely to Adversely Existing historic NCNHP record within 1 mile. No proposed project impacts to streams. Affect Critical habitat No critical habitat present No Effect NIA Relying on the findings of the 11512016 Programmatic Biological Opinion for Final 4(d) Rule Northern long-eared bat Habitat present May Affect on the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific section 7 responsibilities. 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. David G. Cooper, Senior Environmental Scientist Signature /Title 12/13/2019 Date QP4S�EN7 OF Pic i o �q�CH 3.16 United States Department of the Project Name FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 1 2/13/2019 Self -Certification Letter Smith Creek Greenway Phases 2-3 Dear Applicant: FLE9l1& W 1WM"E Interior 791 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