HomeMy WebLinkAbout20201077 Ver 1_Self Certification Packet Consultation Code 04EN2000-2020-SLI-1040_20200824 Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:__________________________
Self-Certification Letter
Project Name______________________________
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
“no effect” determinations for proposed/listed species and/or
proposed/designated critical habitat; and/or
“may affect, not likely to adversely affect” determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
“may affect, likely to adversely affect” determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
“no Eagle Act permit required” determinations for eagles.
Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the “no effect” or
“not likely to adversely affect” determinations for proposed and listed species and
proposed and designated critical habitat; the “may affect” determination for Northern
long-eared bat; and/or the “no Eagle Act permit required” determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleigh@fws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package
April 14, 2020
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Consultation Code: 04EN2000-2020-SLI-1040
Event Code: 04EN2000-2020-E-02365
Project Name: Registers Creek Pump Station and Force Main 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
04/14/2020 Event Code: 04EN2000-2020-E-02365 2
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally-listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally-protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at john_ellis@fws.gov.
04/14/2020 Event Code: 04EN2000-2020-E-02365 3
▪
Attachment(s):
Official Species List
04/14/2020 Event Code: 04EN2000-2020-E-02365 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
(919) 856-4520
04/14/2020 Event Code: 04EN2000-2020-E-02365 2
Project Summary
Consultation Code:04EN2000-2020-SLI-1040
Event Code:04EN2000-2020-E-02365
Project Name:Registers Creek Pump Station and Force Main Project
Project Type:WASTEWATER PIPELINE
Project Description:• The City of High Point proposes to construct an 18” forcemain sewer
line to provide service from the Bisbee Drive wet well location to areas
along the right of way of Bisbee Drive, Vickery Chapel Road, Kivett
Drive and Riverdale Drive.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.96276798294835N79.89981043153117W
Counties:Guilford, NC
04/14/2020 Event Code: 04EN2000-2020-E-02365 3
1.
Endangered Species Act Species
There is a total of 2 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Flowering Plants
NAME STATUS
Schweinitz's Sunflower Helianthus schweinitzii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3849
Endangered
Small Whorled Pogonia Isotria medeoloides
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
Threatened
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
1
NCNHDE-11841
April 14, 2020
Jason Steele
Freese and Nichols, Inc.
531 North Liberty St
Winston-Salem, NC 27101
RE: Registers Creek Pump Station and Force Main Project
Dear Jason Steele:
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 rodney.butler@ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Registers Creek Pump Station and Force Main Project
April 14, 2020
NCNHDE-11841
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
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government 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 https://ncnhde.natureserve.org/content/help. Data query generated on April 14, 2020; source: NCNHP, Q1 Jan 2020.
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
Registers Creek Pump Station and Force Main Project
April 14, 2020
NCNHDE-11841
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic
Group
EO ID Scientific Name Common Name Last
Observation
Date
Element
Occurrence
Rank
Accuracy Federal
Status
State
Status
Global
Rank
State
Rank
Animal
Assemblage
32262 Waterbird Colony ---2009-04-23 C 2-High ------GNR S3
Crustacean 6196 Cambarus catagius Greensboro Burrowing
Crayfish
1993-06-16 H?2-High ---Special
Concern
G2 S1
Vascular Plant 12428 Berberis canadensis American Barberry 1956-09-09 H 3-Medium ---Special
Concern
Vulnerable
G3G4 S2
Vascular Plant 17089 Collinsonia tuberosa Piedmont Horsebalm 1955-09-22 H 4-Low ---Special
Concern
Vulnerable
G3G4 S1S2
No Natural Areas are Documented Within a One-mile Radius of the Project Area
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Owner Type
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Page 3 of 5
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Owner Type
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government Local Government
Guilford County Open Space Guilford County: multiple local government 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 April 14, 2020; source: NCNHP, Q1 Jan 2020.
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
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Page 5 of 5
Species Conclusions Table
Project Name: Registers Creek Pump Station and Force Main Project (Consultation Code 04EN2000-2020-SLI-1040)
Date: April 20, 2020
Species / Resource Name Conclusion ESA Section 7 / Eagle Act
Determination
Notes / Documentation
Schweinitz’s Sunflower
Heilanthus schweinitzii
Species not present No effect Foot survey dates: January 29, 31 2020
Roadside areas were densely vegetated
and dominated by tall fescue (Festuca
arundinacea), Kentucky bluegrass (Poa
pratensis) and Bermudagrass (Cynodon
dactylon). No known associate species, as
defined by Weakley and Houk (1994) were
identified within the project area. The
roadside areas are also maintained by
mowing during the late summer/ early fall,
limiting establishment of the target species.
A review of NC NHP records on April 14,
2020 indicates no known occurrences
within 1.0 miles of the project area.
Small Whorled Pogonia
Isotria medeoloides
No suitable habitat present
No effect Species habitat is second to third
successional growth mixed deciduous or
mix deciduous/conifer forest. The project
will be installing force main through
disturbed right-of-way (roadside), early
successional logging areas dominated by
<3 year old red maple and areas with
dense herbaceous vegetation that lack any
woody vegetation.
A review of NC NHP records on April 14,
2020 indicates no known occurrences
within 1.0 miles of the project area.
Species / Resource Name Conclusion ESA Section 7 / Eagle Act
Determination
Notes / Documentation
Northern long-eared bat
Myotis septentrionalis
Suitable habitat present No effect Project is not located in identified “Red
HUC areas”, or within 0.25 miles of an
identified “Red HUC area”. Tree clearing
will be minimal due to the nature the
project, which utilizes established and
maintained right-of-way.
Critical habitat No critical habitat present
Bald Eagle (Haliaeetus
leucocephalus)
Unlikely to disturb nesting
bald eagles
No Eagle Act Permit Required A desktop-GIS assessment of the project
study area, as well as the area within a
1.0-mile radius of the project limits, was
performed on April 14, 2020 using the most
recent color aerials from NCDOT. No water
bodies large enough or sufficiently open to
be considered potential feeding sources
were identified. Since there was no
foraging habitat within the review area, a
survey of the project study area and the
area within 660 feet of the project limits
was not conducted. Additionally, a review
of the NHP database on April 14, 2020
revealed no known occurrences of this
species within 1.0 mile of the project study
area.
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.
_______________________________________________________________ April 20, 2020
Signature /Title Date
Figure 1. Existing site conditions along Bisbee Drive. Red arrow indicates
proposed alignment location.
Figure 2. Existing site conditions along Vickery Chapel Road. Red arrow
indicates proposed alignment location.
Figure 3. Existing site conditions at Vickery Chapel Road fire station. Red
arrow indicates proposed alignment location.
Figure 4. Existing site conditions along Kivett Drive. Red arrow indicates
proposed alignment location.
Figure 5. Existing site conditions between Kivett road and project terminus.
Red arrow indicates proposed alignment location.
Figure 6. Existing site conditions at project terminus. Red arrow indicates
proposed alignment location.