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Home My WebLink About20200709 Ver 1_G5j_T&E_20200528t�po United States Department of the Interiorxa FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office '�,e160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 htip://www.fws.gov/nc-es/es/countyfr.html In Reply Refer To: September 26, 2017 Consultation Code: 04EN1000-2017-SLI-0623 Event Code: 04EN1000-2017-E-02028 Project Name: Matheson Avenue Streetscape Subject: 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 attached species list 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. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/cntylist/nc—counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.izov/asheville/htmis/Droiect review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/planL/plant—survey.html Northern long-eared bat Guidance https://www. fws.gov/asheville/htmis/proj ect_review/NLEB_in_"C.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html New information based on updated surveys, changes in the abundance and distribution of 09/26/2017 Event Code: 04EN 1 000-2017-E-02028 2 species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists 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 or the AFO website (the AFO website dates each county list with the day of the most recent update/change) 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 or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project_review/assessment_guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/` /TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, 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 additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines(htip://www.fws.gov/windener.gy/) for minimizing impacts to migratory birds (including bald and golden eagles) 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: 09/26/2017 Event Code: 04EN 1 000-2017-E-02028 http://www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws.gov/migratoj3 birds/CurrentBirdIssues/Hazards/towers/comtow.html. 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. Attachment(s): ■ Official Species List ■ Migratory Birds ■ Wetlands 09/26/2017 Event Code: 04EN 1 000-2017-E-02028 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: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 09/26/2017 Event Code: 04EN 1 000-2017-E-02028 Project Summary Consultation Code: 04EN1000-2017-SLI-0623 Event Code: 04EN1000-2017-E-02028 Project Name: Matheson Avenue Streetscape Project Type: TRANSPORTATION Project Description: The Matheson Avenue Streetscape site is approximately 25.6 acres in extent (approximately 0.4 mile long) extending from North Tryon street to Jordan Place/Yadkin Avenue in Charlotte, North Carolina (Figures 1 and 2, attached). The center coordinates for the project are 35.245459°, -80.812777°. The goal of this project to provide pedestrian, bicycle, and aesthetic improvements on Matheson Avenue from North Tryon Street to Jordan Place, providing improved connections between North Tryon Street and the LYNX Blue Line Extension, Cross Charlotte Trail and the popular NoDa area. The potential improvements include sidewalk widening along the south side of the roadway and bridge from 5 feet to 8 feet, new separated bike path along the south side of the roadway, and a separate bike path on the bridges, new bike lane in the westbound direction along the north side of the roadway and bridges, and various aesthetic improvements such as benches, trees, and lights. Project Location: Approximate location of the project can be viewed in Google Maps: https://www.google.com/maps/place/35.24559334624304N80.81293308831246W A Counties: Mecklenburg, NC OSO t 'rf) ti ' 5hnsbn 2 09/26/2017 Event Code: 04EN 1 000-2017-E-02028 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. 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. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: hops://ecos.fws.gov/ecp/species/9045 Clams NAME STATUS Carolina Heelsplitter Lasmigona decorata Endangered There is final designated critical habitat for this species. Your location is outside the critical habitat. Species profile: hops://ecos.fws.gov/ecp/species/3534 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: h!Wss:Hecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: ht42s:Hecos.fws.gov/ecp/species/3849 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3473 Critical habitats 09/26/2017 Event Code: 04EN 1 000-2017-E-02028 There are no critical habitats within your project area under this office's jurisdiction. 09/26/2017 Event Code: 04EN 1 000-2017-E-02028 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Acts. Any activity that results in the take of migratory birds or eagles is prohibited unless authorized by the U.S. Fish and Wildlife Service3. There are no provisions for allowing the take of migratory birds that are unintentionally killed or injured. Any person or organization who plans or conducts activities that may result in the take of migratory birds is responsible for complying with the appropriate regulations and implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are USFWS Birds of Conservation Concern that might be affected by activities in this location. The list does not contain every bird you may find in this location, nor is it guaranteed that all of the birds on the list will be found on or near this location. To get a better idea of the specific locations where certain species have been reported and their level of occurrence, please refer to resources such as the E-bird data mapping tool (year-round bird sightings by birders and the general public) and Breeding Bird SurveX (relative abundance maps for breeding birds). Although it is important to try to avoid and minimize impacts to all birds, special attention should be given to the birds on the list below. To get a list of all birds potentially present in your project area, visit the E-bird Explore Data Tool. NAME Blue -winged Warbler Vermivora pinus Bird of Conservation Concern (BCC) Cerulean Warbler Dendroica cerulea Bird of Conservation Concern (BCC) https: //ecos. fws. govov/ecp/s/species/2974 Eastern Whip -poor -will Caprimulgus vociferus Bird of Conservation Concern (BCC) Kentucky Warbler Oporornis formosus Bird of Conservation Concern (BCC) Prairie Warbler Dendroica discolor Bird of Conservation Concern (BCC) BREEDING SEASON Breeds May 1 to Jun 30 Breeds Aug 20 to Jul 20 Breeds May 1 to Aug 20 Breeds Apr 20 to Aug 20 Breeds May 1 to Jul 31 Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31 09/26/2017 Event Code: 04EN 1 000-2017-E-02028 2 Bird of Conservation Concern (BCC) Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 Bird of Conservation Concern (BCC) Rusty Blackbird Euphagus carolinus Breeds elsewhere Bird of Conservation Concern (BCC) Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 Bird of Conservation Concern (BCC) Additional information can be found using the following links: ■ Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concem.php ■ Measures for avoiding and minimizing impacts to birds http://www.fws. govibirds/management/pro.ject-assessment-tools-and-guidance/ conservation-measures.php ■ Nationwide conservation measures for birds h"://www. fws. gov/migratorybirds/pdf/management/nationwidestandardconservationmeas 09/26/2017 Event Code: 04EN 1 000-2017-E-02028 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. FRESHWATER FORESTED/SHRUB WETLAND ■ PFO1A North Carolina Department of Natural and Cultural Resources Natural Heritage Program Governor Roy Cooper September 19, 2017 Aliisa Harjuniemi Carolina Wetland Services 550 E Westinghouse Blvd Charlotte, NC 28273 RE: Matheson Avenue Streetscape; 2017-0469 Dear Aliisa Harjuniemi: Becretary 3usi H. Hamilton NCNHDE-4357 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, 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 and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) 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 rod ney.butlerng ncdcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Telexhone: 019) 7D7-8107 LOCA.TICN 1651 Mai Ser,rice Center wrr&ncnh2.org 121 VVest hones S-reat Ralaigh, NC 27699-1881 Ralaigh, NC 27603 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Matheson Avenue Streetscape Project No. 2017-0469 September 19, 2017 NCNHDE-4357 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area Managed Area Name Owner Owner Type Mecklenburg County Open Space Mecklenburg County 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/help. Data query generated on September 19, 2017; source: NCNHP, Q3 July 2017. 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 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Matheson Avenue Streetscape Project No. 2017-0469 September 19, 2017 NCNHDE-4357 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name ommon Name Last Element Group bservation Occurrence Date Rank Animal 23899 Waterbird Colony --- 2008-04-16 D Assemblage Bird 32418 Nyctanassa violacea Yellow -crowned Night- 2008-04-16 D Heron Moss 23631 Dichelyma capillaceum Hair Claw Moss 1928-06-11 H Sawfly, Wasp, 37164 Bombus affinis Rusty -patched Bumble 1969-09-29 H Bee, or Ant Bee Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi? No Natural Areas are Documented Within a One -mile Radius of the Project Area Accuracy Federal State Global State Status Status Rank Rank 3-Medium --- --- GNR S3 2-High --- Significantly G5 S2B Rare 3-Medium --- Significantly G5 Si? Rare Peripheral 5-Very Endangered Significantly G1 S1 Low Rare 5-Very --- Endangered G3 S2 Low Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Mecklenburg County Open Space Mecklenburg County Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on September 19, 2017; source: NCNHP, Q3 July 2017. 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 NCNHDE-4357: Matheson Avenue Streetscape fiCreek lchA— A- ldl,th., A- �7, R, s A, Library' - H.ghl— do D"e- 'd Oaks i T—. Hill. Z, D—i d H lls 2qi, Hit. P—K S.11th "t"", 1: 11 A� 0— fl-- A O N I P.k St. Cam'^e Aye Greenville Sr. IWIIIada`'x dare d—K 6 No AymD`r An L.& d C e 51 harlott .11d P.— Al A —9- High Nift-A, 15" OP hmi Ill "o" -183, 57 Playa HIM E G.- NV F.utth W. S, daft S' 11 ell N 116 E" p ... —1- W�Cy A.— + T S September 19, 2017 Project Boundary Buffered Project Boundary Managed Area (MAREA) 1:25,877 0 0.2 0.4 0.8 mi 0 0.35 0.7 1.4 km Sources: Esn, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METi, Fsri China (Hong Kong), —sstopo, Mapmylndia, @ OpenStreetMap contributors, and the ISIS User Community Page 4 of 4