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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 Powered by TCPDF (www.tcpdf.org) 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.