HomeMy WebLinkAbout20201042 Ver 1_11_T&E Pkg_20200813MCADAMS PROTECTED SPECIES ASSESSMENT > KTH-17006
August 12, 2020
Raleigh Ecological Services Field Office
U.S. Fish and Wildlife Service
Via raleigh@fws.gov
RE: Protected Species Assessment
GSK — Genesis Property
Durham, Durham County, NC
To Whom it May Concern:
McAdams conducted a protected species assessment for the proposed GSK — Genesis Property project in support of
an anticipated application for a Section 404 Clean Water Act permit. The Keith Corporation proposes to construct
office and/or light industrial uses, as well as associated parking, open space and amenity areas within the 104-acre
subject property.
Figure 1 depicts the location of the permit Action Area on the US Geological Survey (USGS) Southeast Durham, NC
7.5-minute quadrangle topographic map. Figure 2 shows the location of the Action Aarea on the Web Soil Survey
map. The Action Area is comprised of White Store sandy loam, 2 to 6 percent slopes and 6 to 10 percent slopes soil
map units. Most of the Action Area consists of mixed hardwood and pine forest. The Action Area also includes
portions of an abandoned athletic field and tennis court. Figure 3 depicts the subject property on an aerial
photograph of the area and Figure 4 depicts the surface water features on the site.
On August 7, 2020, McAdams used the US Fish and Wildlife (USFWS) Information for Planning and Consultation (IPaC)
website to obtain a list of threatened and endangered species that may occur in the proposed Action Area and/or may
be affected by the proposed project. This process generates an Official Species List that is shown in Table 1. No Critical
Habitats were identified within or within the vicinity of the Action Area. A list of natural heritage resources was
obtained from the NC Natural Heritage Program (NCNHP) on August 7, 2020. No records for rare species, important
natural communities, natural areas or conservation/managed areas were identified within the Action Area, as
depicted on the attached annotated Natural Heritage Map.
Information regarding the appearance and habitat for each species identified were compiled. McAdams staff routinely
visits the NC Botanical Garden to observe protected species identified on Official Species Lists during different stages
of their life cycle including into senescence. On August 10, 2020, one McAdams staff member walked transects
through each area of suitable habitat for Smooth Coneflower and Michaux's Sumac within the Action Area, which
includes the athletic field edge and totals approximately 0.25 acres. Photographs taken during the field survey are
provided in Appendix A. Sedges (Carexsp.), Chinese lespedeza (Lespedeza cuneata), Japanese stiltgrass (Microstegium
creating experiences through experience 2905 Meridian Parkway, Durham, NC 27713 /919. 361. 5000
MCADAMS PROTECTED SPECIES ASSESSMENT > KTH-17006
vimineum), grape (Vitis sp.), tag alder (Alnus serrulata) and seedlings and saplings of loblolly pine (Pinus taeda) and
sweet gum (Liquidambarstyraciflua) were common within the survey area.
Table 1. Federally Protected Species That May Be Within the Action Area
(8/7/2020)
Scientific Name
Common Name
Federal Status
Clams
Fusconaia masoni
Atlantic Pigtoe
Proposed Threatened
Flowering Plants
Echinacea laevigata
Smooth Coneflower
Endangered
Rhus michauxii
Michaux's Sumac
Endangered
Atlantic Pigtoe (Fusconaia masoni) — Proposed Threatened
Biological Opinion: No Effect
Appearance: "The shell of the Atlantic pigtoe is a chunky, rhombus shape, like that of a pig's hoof/toe. There is a
distinct posterior ridge. The outer surface of the shell is yellow to dark brown and parchment -like, while the inner
layer is iridescent blue to salmon, white, or orange. Although larger specimens exist, the Atlantic pigtoe rarely
exceeds 2 inches in length. Young individuals may have greenish rays across the entire shell surface. When collected
fresh, the interior surface (nacre) in the shell tends to be salmon colored and sometimes iridescent. Atlantic pigtoe
has interlocking hinge "teeth" on the inside of the shell to help keep the two valves in proper alignment." (USFWS
2018)
Habitat: "The preferred habitat of the Atlantic pigtoe is coarse sand and gravel, and rarely in silt and detritus.
Historically, the best populations existed in small creeks to larger rivers with excellent water quality, where flows
were sufficient to maintain clean, silt -free substrates." (USFWS 2018)
The project area lacks medium to large, swift -flowing perennial streams and thus does not contain suitable habitat
for the Atlantic pigtoe.
Smooth Coneflower (Echinacea laevigata) — Endangered
Biological Opinion: May affect, not likely to adversely affect
"Description: Smooth coneflower is a perennial herb in the Aster family (Asteraceae) that grows up to 3.3 feet tall
from a vertical root stock. The large elliptical to broadly lanceolate basal leaves may reach eight inches in length and
three inches in width and taper into long petioles toward the base. They are smooth to slightly rough in texture. The
stems are smooth, with few leaves. The mid -stem leaves are smaller than the basal leaves and have shorter petioles.
Flower heads are usually solitary. The rays of the flowers (petal -like structures) are light pink to purplish in color,
usually drooping, and 2 to 3.2 inches long. Flowering occurs from late May through mid -July and fruits develop from
late June to September. The fruiting structures often persist through the fall. Reproduction is accomplished both
sexually (by seed) and asexually (by rhizome).
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MCADAMS PROTECTED SPECIES ASSESSMENT > KTH-17006
"Habitat: Smooth coneflower is typically found in open woods, glades, cedar barrens, roadsides, clearcuts, dry
limestone bluffs, and power line rights -of -way, usually on magnesium and calcium rich soils associated with
amphibolite, dolomite or limestone (in Virginia), gabbro (in North Carolina and Virginia), diabase (in North Carolina
and South Carolina), and marble (in South Carolina and Georgia). Smooth coneflower occurs in plant communities
that have been described as xeric hardpan forests, diabase glades or dolomite woodlands. Optimal sites are
characterized by abundant sunlight and little competition in the herbaceous layer. Natural fires, as well as large
herbivores, historically influenced the vegetation in this species' range. Many of the herbs associated with Smooth
coneflower are also sun -loving species that depend on periodic disturbances to reduce the shade and competition of
woody plants." (USFWS 2017c)
Mowed and early successional areas along the athletic field edge within the Action Area contain suitable habitat for
smooth coneflower. NCNHP data from August 2020 indicates no documented occurrences of smooth coneflower
within one mile of the project study area. The optimal survey window for this species is late May to October.
McAdams staff conducted a field survey of the suitable habitat as described above during the optimal survey
window for this species and did not observe smooth coneflower within the area of suitable habitat.
Michaux's Sumac (Rhus michauxii) — Endangered
Biological Opinion: May affect, not likely to adversely affect
"Description: Michaux's sumac is a rhizomatous, densely hairy shrub, with erect stems from one to three feet in
height. The compound leaves contain evenly serrated, oblong to lanceolate, acuminate leaflets. Most plants are
unisexual; however, more recent observations have revealed plants with both male and female flowers on one
plant. The flowers are small, borne in a terminal, erect, dense cluster, and colored greenish yellow to white.
Flowering usually occurs from June to July, while the fruit, a red drupe, is produced through the months of August to
October." (USFWS 2017b)
"Habitat: Michaux's sumac grows in sandy or rocky open woods in association with basic soils. Apparently, this plant
survives best in areas where some form of disturbance has provided an open area" (USFWS 2017b). Although the
USFWS website states that Michaux's sumac grows in open woods in association with basic soils, the species
recovery plan states that the species grows in "open woods on acidic soils with low cation exchange capacity"
(USFWS 1993).
Mowed and early successional areas along the athletic field edge within the Action Area contain suitable habitat for
Michaux's sumac. NCNHP data from August 2020 indicates no documented occurrences of Michaux's sumac within
one mile of the Action Area. The optimal survey window for this species is May to October. McAdams staff
conducted a field survey of the suitable habitat as described above during the optimal survey window for this
species and did not observe Michaux's sumac within the area of suitable habitat.
creating experiences through experience 3 of 6
MCADAMS PROTECTED SPECIES ASSESSMENT > KTH-17006
Northern Long-eared Bat (Myotis septentrionalis) — Threatened
Biological Opinion: No effect
"Appearance: The northern long-eared bat is a medium-sized bat with a body length of 3 to 3.7 inches but a
wingspan of 9 to 10 inches. Their fur color can be medium to dark brown on the back and tawny to pale -brown on
the underside. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats
in its genus, Myotis."
"Winter Habitat: Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They
use areas in various sized caves or mines with constant temperatures, high humidity, and no air currents. Within
hibernacula, surveyors find them hibernating most often in small crevices or cracks, often with only the nose and
ears visible."
"Summer Habitat: During the summer, northern long-eared bats roost singly or in colonies underneath bark, in
cavities or in crevices of both live trees and snags (dead trees). Males and non -reproductive females may also roost
in cooler places, like caves and mines. Northern long-eared bats seem to be flexible in selecting roosts, choosing
roost trees based on suitability to retain bark or provide cavities or crevices. This bat has also been found rarely
roosting in structures, like barns and sheds." (USFWS 2018)
Northern long-eared bat is not listed on the USFWS Durham County species list.
Bald and Golden Eagle Protection Act
Description: "Distinguished by a white head and white tail feathers, bald eagles are powerful, brown birds that may
weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller, weighing as much as 10 pounds and have a
wingspan of 6 feet."
Habitat: "Bald eagles require a good food base, perching areas, and nesting sites. Their habitat includes estuaries,
large lakes, reservoirs, rivers, and some seacoasts." (USFWS 2007a) Bald eagles build large nests (4 to 6 feet in
diameter and larger) in the tops of tall trees and snags that include perches with a clear view of water. (USFWS
2007b)
Lake Crabtree, located approximately 6.3 miles from the Action Area, contains suitable habitat for the Bald eagle.
The NCNHP report did not list eagle nests within 1.0 mile of the project area. McAdams did not observe bald eagles
or nests within the project area.
Conclusions/Recommendations
The project area contains suitable habitat for Michaux's sumac and smooth coneflower. A biological opinion of "may
affect, not likely to adversely affect" was determined for these two species because no individuals were observed
during a field survey conducted within the optimal survey windows for these species. A biological opinion of "no
effect" was determined for the Atlantic pigtoe based on a lack of suitable habitat within the project area. Suitable
habitat for the northern long-eared bat occurs within the study area, but this species is not listed for Durham
County, thus a biological opinion of "no effect" was determined for this species. A determination of "No Eagle Act
creating experiences through experience 4 of 6
MCADAMS PROTECTED SPECIES ASSESSMENT > KTH-17006
permit required" was determined for the bald eagle because there are no known nests or suitable habitat within 660
feet of the project area. We request your review and comments on this protected species assessment.
Sincerely,
MCADAMS
Kel y Roth, S
Environmental Consultant II, Water Resources
cc: Bill Baker, The Keith Corporation
Sean Gleason, McAdams
Attachments:
Figure 1. USGS Map
Figure 2. Soil Survey Map
Figure 3. Aerial Map
Figure 4. Delineation Map
Appendix A. Field Survey Photographs
USFWS Official Species List (8/7/2020)
NCNHP Site Information (8/7/2020)
Species Conclusion Table
creating experiences through experience 5 of 6
MCADAMS PROTECTED SPECIES ASSESSMENT > KTH-17006
Literature Cited
U.S. Fish and Wildlife Service. 2018. Northern Long -Eared Bat Fact Sheet. Northern Long -Eared Bat I Species
Information, www.fws.gov/midwest/endangered/mammals/nleb/nlebFactSheet.html.
U.S. Fish and Wildlife Service (N. Murdock and J. Moore). 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30 pp.
U.S. Fish and Wildlife Service. 2007a. Bald Eagle Fact Sheet,
https://www.fws.gov/migratorybirds/pdf/management/bald-eagle-fact-sheet.pdf.
U.S. Fish and Wildlife Service. 2007b. National Bald Eagle Management Guidelines,
https://www.fws.gov/migratorybirds/pdf/management/nationalbaldeaglenanagementguidelines.pdf
U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017b. Michaux's Sumac I Species Information,
www.fws.gov/raleigh/species/es_michauxs_sumac.html.
U.S. Fish and Wildlife Service/Raleigh Ecological Services Field Office. 2017d. Smooth Coneflower I Species
Information, www.fws.gov/raleigh/species/es_smooth_coneflower.htm1.
creating experiences through experience 6 of 6
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DATE: 8/11 /2020
MCAUAMS JOB NO: KTH-17000
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that he agrees with the features as mapped and will process a PJD for the
2-ft contours site accordingly. The PJD has not been received as of 7/8/2020.
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J FIGURE 4. Feet
JURISDICTIONAL AND ISOLATED WATERS DELINEATION MAP 1 inch = 350 feet
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McADAMS JOB NO: KTH-17000
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MCADAMS PROTECTED SPECIES ASSESSMENT > KTH-17006
Appendix A.
Habitat Photographs
Photo 1. Potential habitat for Michaux's sumac and Smooth coneflower along athletic field edge (8/10/2020)
Photo 2. Potential habitat for Michaux's sumac and Smooth coneflower along athletic field edge (8/10/2020)
creating experiences through experience 1 of 2
�-+ United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office t
UWA Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To: August 07, 2020
Consultation Code: 04EN2000-2020-SLI-1633
Event Code: 04EN2000-2020-E-03714
Project Name: GSK Genesis Project
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 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
08/07/2020 Event Code: 04EN2000-2020-E-03714
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/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratory birds/CurrentBirdlssues/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.
08/07/2020 Event Code: 04EN2000-2020-E-03714
Attachment(s):
• Official Species List
08/07/2020 Event Code: 04EN2000-2020-E-03714
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
08/07/2020 Event Code: 04EN2000-2020-E-03714
Project Summary
Consultation Code: 04EN2000-2020-SLI-1633
Event Code: 04EN2000-2020-E-03714
Project Name: GSK Genesis Project
Project Type: DEVELOPMENT
Project Description: Office and light industrial re -development in Durham, NC.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.91982739752783N78.86377394939693W
Counties: Durham, NC
08/07/2020 Event Code: 04EN2000-2020-E-03714 3
Endangered Species Act Species
There is a total of 3 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
Fisheriesi, 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.
Clams
NAME
Atlantic Pigtoe Fusconaia masoni
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/5164
Flowering Plants
STATUS
Proposed
Threatened
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
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
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFF ICE'S
JURISDICTION.
Fri■ Roy Cooper, Governor
•M NC DEPARTMENT OF Susi Hamilton, Secretary
■mumm NATURAL AND CULTURAL RESOUQCE=s
Walter Clark, Director, Land and Water Stewardship
NCNHDE-12630
August 7, 2020
Kelly Roth
McAdams
2905 Meridian Parkway
Durham, NC 27713
RE. GSK - Genesis Project, KTH-17000
Dear Kelly Roth.
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, based on the project area mapped with your request, indicates
that there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary, or within a one -mile radius of
the project boundary.
Please note that although there may be no documentation of natural heritage elements within or
near the project boundary, it does not imply or confirm their absence, the area may not have been
surveyed. The results of this query should not be substituted for field surveys where suitable habitat
exists. In the event that rare species are found within the project area, please contact the NCNHP so
that we may update our records.
Please also 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 also not be redistributed without
permission.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodnev.butler(o�ncdcr.aov or 919.707.8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATORAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH_ NC 27GQ; - 1651 MAIL SERviCE CZNTER. RALEIGH. WC 27859
DFC g14.707-JE20 • FAX 913007.9Q]
Few
N,
August 7, 2020
Project Boundary
Buffered Project Boundary
NCNHDE-12630: G5K - Genesis Project
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Sources: Esn, HERE, Garmn, Intermap, increment P Corp. GESCO, USGS,
FAO, NPS, NRCAM, Geo6ase, IGH, Kadasre� NL, Ordnance Survey, Esri .Japan.
METI. Esri China iHcng Kong), iG OpenStremWp contributors, and the G1S
User CQn n ly
Page 2 of 2
Species Conclusions Table
Project Name: GSK — Genesis Property
Date: 8/11/2020
Species / Resource Name
Conclusion
ESA Section 7 / Eagle
Notes / Documentation
Act Determination
Atlantic Pigtoe (Fusconaia
No suitable habitat present
No effect
Habitat assessment indicates no potential habitat present (medium
masons)
to large, swift -flowing streams are absent from the project area
Michaux's sumac
Suitable habitat present,
May affect, not likely to
August 10, 2020 survey by McAdams consultant indicates
(Rhus michauxii)
species not present
adversely affect
absence
Smooth Coneflower
Suitable habitat present,
May affect, not likely to
August 10, 2020 survey by McAdams consultant indicates
(Echinacea laevigata)
species not present
adversely affect
absence
Critical habitat
No critical habitat present
No effect
Bald Eagle
Unlikely to disturb nesting
No Eagle Act permit
No known nest with 660' of project review area
bald eagles
required
Northern Long-eared Bat
Suitable habitat present
No effect
NLEB not listed for Durham County
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.
`I I a"VV\_' 8/11/2020
Si nature 1 tie Date