20200927 Ver 1_F - Protected Species Habitat Assessment_20200716

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
August 26, 2019
Me. Marc Lomax
WSACC
232 Davidson Highway
Concord, NC 28027
Subject: Protected Species Habitat Assessment Report
Back Creek Parallel Interceptor
Cabarrus and Mecklenburg Counties, North Carolina
CWS Project No. 2019-0269
Dear Mr. Lomax,
WSACC has contracted Carolina Wetland Services, Inc. (CWS) to provide a protected species
habitat assessment for the Back Creek Parallel Interceptor site. The Back Creek Parallel
Interceptor site is a 200-foot wide 19,000 foot long sewer line easement that contains multiple
Cabarrus and Mecklenburg County tax parcels. The project limits extend from just west of
Caldwell Park Drive, eastward to just north of Live Oak Road in Cabarrus County, North
Carolina (Figure 1).
Methods
In -office Desktop Review
To determine which protected species are listed as occurring or potentially occurring within the
project vicinity and prior to conducting the on -site field investigation, CWS consulted the United
States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of
Concern by County for North Carolina online database for Cabarrus County'. In addition, CWS
performed a data review using the North Carolina Natural Heritage Program (NCNHP) Data
Explorer2 on August 1, 2019 to determine if any record occurrences of federally -listed, candidate
endangered, threatened species, or critical habitat are located within the project limits.
Typical habitat requirements for listed species was discerned from multiple USFWS3 and
NCNHP4 online resources including, but not limited to, specific USFWS species profiles,
recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of
North Carolina, and List of the Rare Plant Species of North Carolina. United States Department
of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of
' United States Fish and Wildlife Service, Raleigh Field Office. Accessed August 1, 2019. Endangered and Threatened Species
and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylisttcabarrus.html
2 North Carolina Natural Heritage Data Explorer. Accessed August 1, 2019. https://ncnhde.natureserve.org/.
3 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant
Species. http://www.fws.gov/noes/es/plant_Survey.htmi. Accessed August 1, 2019.
4 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural
Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylisttnc_counties.htmi
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET
Page 1 of 6

Back Creek Parallel Interceptor
Protected Species Assessment Report
August 26, 2019
CWS Project No. 2019-0269
Cabarrus County' and aerial imagery were also reviewed for potential habitat communities of
listed species within the project vicinity (Figures 2 and 3).
Field Survey
CWS scientists Christine Geist, PWS1, Aliisa Harjuniemi, PWS, Megan Shelton, WPIT', Julia
McGuire, Staff Scientist II, and Ian Dunning, Staff Scientist I, conducted a pedestrian habitat
assessment of the project area on July 30, and August 12 and 13, 2019. Potential habitats for
potentially occurring federally -protected species that were identified during the desktop review
were assessed in the field for the quality of physical and/or biological features essential to the
conservation of the applicable species. Additionally, during the pedestrian habitat assessment,
areas were reviewed for applicable federally protected species. However, formal surveys were
not conducted for the occurrence of protected species. Identification references for natural
communities include the National Land Cover Database (2011)'.
Results
Based on the NCNHP data explorer review, there are no current records of federally -protected
species within the project limits or within a mile of the project limits (Attachment A). The
USFWS lists three federally protected species for Cabarrus County (Table 1). An official
species list has not been obtained from the USFWS Asheville Field Office.
Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the
Back Creek Parallel Interceptor site, Cabarrus County, NC.
Major Group
Scientific Name
Common Name
Federal Status*
Record Status
Plant
Helianthus
Schweinitz's
E
Current
schweinitzii
sunflower
Animal
Lasmigona
Carolina heelsplitter
E
Current
decorata
Animal
Myotis
Northern -long-eared
T
Current
septentrionalis
bat
* E - Endangered, T - Threatened
Six terrestrial community types were identified within the project area during the field survey.
These community types consist of deciduous forest, evergreen forest, shrub/scrub, herbaceous,
woody wetlands, and emergent herbaceous wetlands (Figure 3). Of the identified on -site
community types, deciduous forest, herbaceous areas, and perennial streams are considered
potential habitat for federally threatened or endangered species that could potentially occur
within the project limits. A brief description of each species habitat requirements and
determination of effect findings are listed below by species.
5 United States Department of Agriculture, 2017. Web Soil Survey of Cabarrus County, North Carolina. Accessed 8/1/19.
Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
6 Professional Wetland Scientist, The Society of Wetland Scientists Professional Certification Program
7 Wetland Professional in Training, The Society of Wetland Scientists Professional Certification Program
8 MLRC. National Land Cover Database, 2011. https://www.mric.gov/nlcdll_leg.php
Page 2 of 6

Back Creek Parallel Interceptor
Protected Species Assessment Report
August 26, 2019
CWS Project No. 2019-0269
Schweinitz's sunflower (Helianthus schweinitzii
Habitat Description:
Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They
can reach heights of five feet. Populations are limited to the piedmont of North and
South Carolina. It has been listed as an Endangered species under the ESA since 1991.
9 The typical habitat for this plant includes roadsides, old pastures, transmission line
right-of-ways, open areas, either natural or human -maintained habitats, or edges of
upland woods. Major characteristics of soils associated with suitable Schweinitz's
sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes,
soils that are clay like in both composition and texture (and often with substantial rock
fragments), soils that have a high shrinkage swell capacity, and those which vary over
the course of the year from very wet to very dry.
Biological Analysis:
The potential on -site habitat for this species is limited to the herbaceous areas along the
forest edges, and the existing sewer line easement along Back Creek (Photographs 2, 3,
6-9, 11, and 13-15). The desktop review and field survey assessment determined that
there are small areas throughout the project limits that do contain Enon, Iredell, and
Mecklenburg soils that are conducive to Schweinitz's sunflower. However, these areas
are either forested, or are too regularly maintained through the practices of mowing,
which is not conducive to Schweinitz's sunflower habitat. No individuals of Schweinitz's
sunflower or other Helianthus species were observed during the field assessment on
July 30 and August 12 and 13, 2019, and no known population records of the species
occurs within one mile of the project area in the NCNHP database, which leads CWS to
conclude that the project will not affect Schweinitz's sunflower.
Carolina heelsplitter (Lasmigona decorata)
Habitat Description:
The Carolina heelsplitter was historically known from several locations within the
Catawba and Pee Dee River systems in North Carolina and the Pee Dee and Savannah
River systems, and possibly the Saluda River system in South Carolina. In North
Carolina, the species is now known only from a handful of streams in the Pee Dee and
Catawba River systems. The species exists in very low abundances, usually within 6 feet
of shorelines, throughout its known range. The general habitat requirements for the
Carolina heelsplitter are shaded areas in large rivers to small streams, often burrowed
into clay banks between the root systems of trees, or in runs along steep banks with
moderate current. Recently, the Carolina heelsplitter has been found is in sections of
streams containing bedrock with perpendicular crevices filled with sand and gravel, and
with wide riparian buffers.10
e United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii
(Schweinitz's sunflower) Determined to be Endangered. hftp://ecos.fws.gov/docs/f`ederal_register/frl852.pdf.
10 NCDOT TE Animal Habitat Descriptions. 2015.
hftps://con nect. ncdot.gov/resources/Environmental/Compliance%20G u ides%20and%20 Procedu resfTE%2OAni mal %20 Habitat%
20Descri ptions%2OMar_6_2015. pdf
Page 3 of 6

Back Creek Parallel Interceptor August 26, 2019
Protected Species Assessment Report CWS Project No. 2019-0269
Biological Analysis:
There are nine perennial streams located throughout the site, but the stream banks were
incised and the water was turbid. In addition, the stream bottoms are heavily embedded
with silt throughout the entire reach, which is not supportive habitat for Carolina
heelsplitter. All of these streams drain into Back Creek, which is connected to
downstream waters via a culvert, which is also not conducive for Carolina heelsplitter
(Photographs 1, 4-5, 10, and 12). Back Creek is experiencing significant bank erosion
and incision, with high levels of sedimentation and turbidity. Studies performed by the
North Carolina Department of Water Quality show that water quality in the Rocky River
Watershed has been severely impacted by rapid development in the area." Back Creek
is one of the larger tributaries in the Rocky River Watershed, and this study shows that it
has been heavily impaired by stormwater runoff, resulting in habitat degradation.
Additionally, the NCNHP data record review revealed that there are no current
occurrences for this species within the project limits, or within a one -mile radius of the
project (Attachment A). Therefore, CWS concludes that this project will not affect
the Carolina heelsplitter.
Northern long-eared bat (Myotis septentrionalts)
The northern long-eared bat (NLEB) is one of the species of bats most impacted by the
white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests
and woodlots containing live trees and/or dead snags greater than three inches diameter at
breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves,
mines, rocky areas, or structures that mimic similar conditions such as culverts greater than
48-inch in diameter. 12 The NLEB was listed as Threatened (T) on April 2, 2015.
The forested floodplain within the project area likely has potential foraging or roosting habitat for
the NLEB. However, a Standard Local Operating Procedure for Endangered Species Act
Compliance (SLOPES) was established for NLEB between the USFWS Asheville and Raleigh
Ecological Offices and the United States Army Corps of Engineers (USACE), Wilmington
District, on January 31, 2017.13 This SLOPES defines how the USACE will make
determinations of effect to the NLEB on projects in which the USACE is the lead federal agency.
Alternative Local Procedure 1 (ALP 1) applies for the Back Creek Parallel Interceptor site as the
action area is within range of the NLEB,14 the action area is located outside of a red 12-digit
HUC as defined by the Asheville Ecological Services Field Office,15 and consultation by the
USACE is required on other listed species or critical habitat.
The final 4(d) rule exempts incidental take of NLEB associated with activities that occur greater
than 0.25 miles from a known hibernaculum site and greater than 150 feet from a known,
occupied maternity roost from June 1-July 31. This project is not within the range of any known
hibernaculum or occupied maternity roost. Therefore, in accordance with ALP 1 and the final
11 https://files.nc.gov/ncdegMater%20Quality/Planning/BPU/BPU/Yadkin/Yadkin%20Plans/2010%20PIanP
6_03040105%20Rocky%20R-2010. pdf
12 United States Fish and Wildlife Service. 2016.4(d) Rule for the Northern Long -Eared Bat; Final rule.
hftps://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf
13 USACE http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
14 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nieb/pdf/WNSZone.pdf
15 The U.S. Fish and Wildlife Service (USFWS) 2016. Northern Long -Eared Bat.
Page 4 of 6

Back Creek Parallel Interceptor
Protected Species Assessment Report
August 26, 2019
CWS Project No. 2019-0269
4(d) rule (effective as of February 16, 2016), any incidental take that may result from associated
activities is exempt under the 4(d) rule. Therefore, this project is exempt under the 4(d) rule.
Summary
Based on the literature search and the results of the on -site assessment for suitable habitat of
federally -protected endangered, and threatened species, supportive habitat was not observed
within the project limits for Schweinitz's sunflower or Carolina heelsplitter. Additionally, based
on the project area location, no tree removal activities will occur within a 150-foot radius of a
known, occupied NLEB maternity roost from June 1-July 31 and no trees will be removed within
0.25 miles of a known hibernaculum at any time of year. Therefore, any incidental take on
NLEB that may result from associated activities is exempt under the 4(d) rule and notifications
will follow the SLOPES agreement16. Biological determinations requirements for federally
protected species are summarized in Table 2 (below).
Table 2. Biological Determination Requirements Summary Table for Federally Protected Species
Federal
Effect on Listed
Biological
Scientific Name
Common Name
Status*
Species
Determination
Required
Helianthus schweinitzii
Schweinitz's sunflower
E
No Effect
No
Lasmigona decorata
Carolina heelsplitter
E
No Effect
No
Myotis septentrionalis
Northern -long-eared bat
T
Exempt
Yes**
* E - Endangered, T - Threatened
** - Required in accordance with SLOPES, ALP 1 agreement.
A biological assessment was not conducted for this project. All biological determinations of
effect represent the best professional opinion of CWS and are not official determinations of
effect. It is the responsibility of the lead federal agency to render an official determination of
effect. Should the lead federal agency agree with CWS's initial findings of no effect, then no
USFWS consultation is required to comply with Section 7 of the Endangered Species Act.
Should the lead federal agency's determination of effect differ from the findings of CWS, formal
or informal consultation with USFWS may be required.
16 http://www.fws.gov/asheville/htmis/project_review/NLEB_in_WNC.htmi
Page 5 of 6

Back Creek Parallel Interceptor
Protected Species Assessment Report
August 26, 2019
CWS Project No. 2019-0269
Thank you for the opportunity to provide these services on this important project. Please do not
hesitate to contact Megan Shelton at 757-576-6433 or [e-mail] should you have
any questions or comments regarding this report.
Sincerely,
Megan Shelton, WPIT
Project Scientist
Christine A. Geist, PWS, CE
Principal Scientist
Attachments: Figure 1: USGS Topographic Map
Figure 2: USDA-NRCS Web Soil Map of Cabarrus County
Figures 3-313: Aerial Maps
Attachment A: NCNHP Data Review Report
Attachment B: Representative Photographs (1-15)
Page 6 of 6

Back Creek Parallel Interceptor
Attachments
August 26, 2019
CWS Project No. 2019-0269
Attachment A:
NCNHP

1>Fu1111l1111 Roy Cooper, Governor
L■■�-■ NC DEPARTMENT 4P
■EREN NATURAL AND CULTURAL RESOURCES Susi Hamilton, Secretary
Walter Clark, Director, Land and Water Stewardship
NCNHDE-9897
August 1, 2019
Julia McGuire
Carolina Wetland Services
550 e Westinghouse Blcd
Charlotte, NC 29707
RE: Back Creek Parallel Interceptor; 2019-0269
Dear Julia McGuire:
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 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 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 nev.butler(cbncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
�k 121 W. JOIN E5 STREET RALEIGH- NC 27603 • 1G51 MAIL SERVICE CENTER. RALEiGH,Mc 27699
pFC 919.707.912p • FAX 91 .707,9121

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Back Creek Parallel Interceptor
Attachments
August 26, 2019
CWS Project No. 2019-0269
Attachment B:
Photopage (Photographs 1-15)

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Back Creek Parallel Interceptor
Attachment B: Photopage
August 26, 2019
CWS Project No. 2019-0269
Photograph 5. View of unsuitable habitat for Carolina heelsplitter, facing northwest (8.13.19).
Photograph 6. View of unsuitable habitat for Schweinitz's sunflower, facing east (8.13.19).
Photopage 3 of 8

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Back Creek Parallel Interceptor
Attachment B: Photopage
August 26, 2019
CWS Project No. 2019-0269
Photograph 11. View of unsuitable habitat for Schweinitz's sunflower, facing east (8.12.19).
Photograph 12. View of unsuitable habitat for Carolina heelsplitter, facing east (8.12.19).
Photopage 6 of 8

Back Creek Parallel Interceptor
Attachment B: Photopage
August 26, 2019
CWS Project No. 2019-0269
Photograph 13. View of unsuitable habitat for Schweinitz's sunflower, facing southeast (8.12.19).
Photograph 14. View of unsuitable habitat for Schweinitz's sunflower, facing southeast (8.12.19).
Photopage 7 of 8

Back Creek Parallel Interceptor
Attachment B: Photopage
August 26, 2019
CWS Project No. 2019-0269
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Photograph 15. View of unsuitable habitat for Schweinitz's sunflower, facing east (8.12.19).
Photopage 8 of 8