20201141 Ver 1_USFWS Correspondence_20200904

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.2ov/nc-es/es/cog fr
In Reply Refer To: September 11, 2019
Consultation Code: 04EN1000-2019-SLI-0736
Event Code: 04EN1000-2019-E-01885
Project Name: Irvins Creek Greenway
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: htips://www.fws.gov/raleigh/species/
cntylist/nc_counties.html. The AFO website list includes "species of concern" species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
htlps://www.fws.Gov/asheville/htmls/Troject review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
htlps://www.fws.gov/nc-es/Tlant�/plant survey
Northern long-eared bat Guidance
hLtps://www.fws.lzov/asheville/htmls/Troject reviewNLEB in WNC.html
Predictive Habitat Model for Aquatic Species
htlps://www.fws.gov/asheville/htmls/Maxent/Maxent.html

09/11/2019 Event Code: 04EN1000-2019-E-01885
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may be
requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmis/project_review/assessment_guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-librgI3L/Vdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines(http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://

09/11/2019 Event Code: 04EN1000-2019-E-01885
www.fws. o� rg atorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;
http://www.towerkill.com; and http://www.fws. omi rg atorybirds/CurrentBirdIssues/Hazards/
towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Wetlands

09/11/2019 Event Code: 04EN1000-2019-E-01885
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

09/11/2019 Event Code: 04EN1000-2019-E-01885 2
Project Summary
Consultation Code: 04EN1000-2019-SLI-0736
Event Code: 04EN1000-2019-E-01885
Project Name: Irvins Creek Greenway
Project Type: ** OTHER **
Project Description: Greenway project in Charlotte, NC
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.16013771978387N80.70515094016477W
aVail ti. I
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C,}y}ti :f VfG9.5 ih
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Counties: Mecklenburg, NC

09/11/2019 Event Code: 04EN1000-2019-E-01885
Endangered Species Act Species
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, 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.
Mammals
NAME
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws. og v/ecp/species/9045
Clams
NAME
STATUS
Threatened
STATUS
Carolina Heelsplitter Lasmigona decorata Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws. og v/ecp/species/3534

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Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws. og v/eo/species/5217
Schweinitz's Sunflower Helianthus schweinitzii Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/eo/species/3849
Smooth Coneflower Echinacea laevigata Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws. og v/eo/species/3473
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

09/11/2019 Event Code: 04EN1000-2019-E-01885
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Acts.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https://ecos.fws. og v/eo/species/1626
Blue -winged Warbler Vermivora pinus Breeds May 1
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Jun 30
(BCRs) in the continental USA

09/11 /2019
Event Code: 04EN 1 000-2019-E-01 885
NAME
BREEDING
SEASON
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Probability Of Presence Summary
Breeds Apr 1 to
Jul 31
Breeds May 10
to Sep 10
Breeds
elsewhere
Breeds May 10
to Aug 31
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 1 Okm grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum

09/11/2019 Event Code: 04EN1000-2019-E-01885 3
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the IOkm grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle I I I I 1 1 1 1 1 1 1 E++++ +++— —+++ ++—+ ++—+ —+-1
Non -BCC Vulnerable
Blue -winged
Warbler
BCC -BCR
Prairie Warbler
BCC Rangewide (CON)
Prothonotary
Warbler
BCC Rangewide (CON)
Red-headed
Woodpecker
BCC Rangewide (CON)
Rusty Blackbird
BCC Rangewide (CON)
++++++++++++ — — — — +----+++++—+++—+ -+—+
++++ ++++ ++++ ++„ pip J� J III Jill A— —+++ ++—+ ++—+ —+—+
"" IIII Jill 1
.Tm ! ! Im
+
++++ ++++ ++++ +++— + +--- ++ ++—+ ++—+ —+—+
+++1+1+1+++++11+-10— 11 Jill Jill lj-4-4- ++—+ +-4--+ --4--+
++++ ++++ ++++ ++++ +++— +--- ---- +--- —+++ ++—, ++—+ —+—+
Wood Thrush ++++ ++++ ++++ 1111 ���� ��II Jill Jill 11-+ ++—+ -+—+
BCC Rangewide (CON)

09/11/2019 Event Code: 04EN1000-2019-E-01885
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
mana e�project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds http://www.fws. o� rg ato . bra irds/pdf/
management/nationwidestandardconservationmeasures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (Aj Nn. The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the IOkm grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?

09/11/2019 Event Code: 04EN1000-2019-E-01885
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical

09/11/2019 Event Code: 04EN1000-2019-E-01885
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

09/11/2019 Event Code: 04EN1000-2019-E-01885
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Armorps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
FRESHWATER EMERGENT WETLAND
• PEMIA
FRESHWATER FORESTED/SHRUB WETLAND
• PFOIA
RIVERINE
• R5UBH
• R2UBH

WILDLANDS
E N G I N E E R I N G
November 4, 2019
Claire Ellwanger
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Subject: Request for Review and Comment
IPAC Consultation Code: 04EN1000-2019-SLI-0736
Irvins Creek Greenway— Idlewild Road to Lakewood Circle
Charlotte, North Carolina
Dear Ms. Ellwanger:
On behalf of Mecklenburg County Asset and Facility Management (AFM), Wildlands Engineering (Wildlands) is
hereby contacting the US Fish and Wildlife Service (FWS) to request review and comment on any possible issues
that might emerge with respect to endangered species, migratory birds, or other trust resources associated with
the Irvins Creek Greenway from Idlewild Road to Lakewood Circle Project in Mecklenburg County, NC. A USGS
Topographic Site Map and an Overview Site Map showing the approximate project area are enclosed. The
topographic figure was prepared from the Wilgrove 7.5-Minute USGS Topographic Quadrangle, and the site is
located at latitude 35.159, longitude-80.708.
The Irvins Creek Greenway project is being developed to build a new greenway facility for approximately 1.0 mile
alongside Irvins Creek. The project will improve accessibility between Sam Newell Road, Crown Point Elementary
School and Idlewild Road Park. In addition, project elements will include new landscaping, overlook points, a
pedestrian bridge crossing, improvements to an existing parking facility, storm water controls, and stream bank
stabilization of approximately 300 linear feet (LF) on Irvins Creek. Construction of this project will affect
Jurisdictional Waters of the U.S. and require Section 404/401 permitting.
Structures within or immediately adjacent to the project area include sewer lines and manholes, powerlines, road
culverts, park amenities (walking trails, picnic areas, playground, parking lots, etc.), school building and associated
facilities, storm drainage infrastructure, and residential homes. The surrounding land use includes forest, parks,
school and residential communities.
Based on a resource list generated from the US FWS IPAC website there are five (5) Federally Threatened or
Endangered Species that may be present in or near the proposed project boundaries. They are the Northern long-
eared bat (Myotis septentrionalis), the Carolina heelsplitter (Lasmigona decorata), the Michaux's sumac (Rhus
michauxii), the Schweinitz's sunflower (Helianthus schweinitzii), and the smooth coneflower (Echinacea laevigata).
No critical habitat has been designated for the Northern long-eared Bat (NLEB), the Michaux's sumac, the
Schweinitz's sunflower, nor the smooth coneflower. Critical habitat has been designated for the Carolina
heelsplitter; however, the project resides outside of the critical habitat.
Pedestrian Survey
A pedestrian survey was conducted between September 30th and October 2nd, 2019. Results of the survey found
areas of potential summer roosting for the NLEB and areas of suitable habitat for the Schweinitz's sunflower, the
smooth coneflower, the Michaux's sumac, and the Carolina heelsplitter. No individuals or populations of any of the
above referenced species were documented on -site.
Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203

WILDLANDS
E N G I N E E R I N G
IPAC Regulatory Review
On September 11, 2019, a regulatory project review was conducted for the project site using the USFWS online
Information for Planning and Consultation (IPAC) determination key. A result determination was obtained for the
NLEB; however, a manual determination is required for the remaining above referenced species.
Biological Determinations
Northern Long -Eared Bat:
Based on results from this review process (IPaC Event Code: 04EN1000-2020-E-00178) "any take of the northern
long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted
for this species at 50 CFR §17.40(o)". Official consistency documentation letter generated from the website is
included.
Please provide review and comment concerning the above referenced species, as well as any possible issues that
might emerge with respect to endangered species, migratory birds, or other trust resources from the proposed
project. If we have not heard from you in 45 days, we will assume that you do not have any comments regarding
associated laws or information relevant to this project at the current time.
We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions
that you may have concerning this project.
Sincerely,
t�
Kirsten Gimbert, Senior Environmental Scientist
[e-mail]
704.941.9093
Attachments:
USFWS Consistency Documentation Letter
Figure 1 Overview Site Map
Figure 2 USGS Topographic Site Map
Wild lands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203

Mi fihM a WILWOL
+' United States Department of the Interior'""
k' FISH AND WILDLIFE SERVICE
1 , . Asheville Ecological Services Field Office
�K 160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.gov/nc-es/es/couMfr.html
In Reply Refer To: October 31, 2019
Consultation Code: 04EN1000-2019-TA-0736
Event Code: 04EN1000-2020-E-00178
Project Name: Irvins Creek Greenway
Subject: Verification letter for the 'Irvins Creek Greenway' project under the January 5, 2016,
Programmatic Biological Opinion on Final 4(d) Rule for the Northern Long-eared Bat
and Activities Excepted from Take Prohibitions.
Dear Kirsten Gimbert:
The U.S. Fish and Wildlife Service (Service) received on October 31, 2019 your effects
determination for the 'Irvins Creek Greenway' (the Action) using the northern long-eared bat
(Myotis septentrionalis) key within the Information for Planning and Consultation (IPaC)
system. This IPaC key assists users in determining whether a Federal action is consistent with the
activities analyzed in the Service's January 5, 2016, Programmatic Biological Opinion (PBO).
The PBO addresses activities excepted from "take"fil prohibitions applicable to the northern
long-eared bat under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16
U.S.C. 1531 et seq.).
Based upon your IPaC submission, the Action is consistent with activities analyzed in the PBO.
The Action may affect the northern long-eared bat; however, any take that may occur as a result
of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50
CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your
IPaC-assisted determination was incorrect, this letter verifies that the PBO satisfies and
concludes your responsibilities for this Action under ESA Section 7(a)(2) with respect to the
northern long-eared bat.
Please report to our office any changes to the information about the Action that you submitted in
IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick
northern long-eared bats that are found during Action implementation. If the Action is not
completed within one year of the date of this letter, you must update and resubmit the
information required in the IPaC key.

10/31/2019 Event Code: 04EN1000-2020-E-00178
This IPaC-assisted determination allows you to rely on the PBO for compliance with ESA
Section 7(a)(2) only for the northern long-eared bat. It does not apply to the following ESA -
protected species that also may occur in the Action area:
• Carolina Heelsplitter, Lasmigona decorata (Endangered)
• Michaux's Sumac, Rhus michauxii (Endangered)
• Schweinitz's Sunflower, Helianthus schweinitzii (Endangered)
• Smooth Coneflower, Echinacea laevigata (Endangered)
If the Action may affect other federally listed species besides the northern long-eared bat, a
proposed species, and/or designated critical habitat, additional consultation between you and this
Service office is required. If the Action may disturb bald or golden eagles, additional
coordination with the Service under the Bald and Golden Eagle Protection Act is recommended.
[1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct [ESA Section 3(19)].

10/31/2019 Event Code: 04EN1000-2020-E-00178 3
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Irvins Creek Greenway
2. Description
The following description was provided for the project'Irvins Creek Greenway':
Greenway project in Charlotte, NC
Approximate location of the project can be viewed in Google Maps: https://www.google.com/
maps/place/35.16013771978387N80.70515094016477W
Determination Key Result
This Federal Action may affect the northern long-eared bat in a manner consistent with the
description of activities addressed by the Service's PBO dated January 5, 2016. Any taking that
may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR
§17.40(o). Therefore, the PBO satisfies your responsibilities for this Action under ESA Section
7(a)(2) relative to the northern long-eared bat.
Determination Key Description: Northern Long-eared Bat 4(d) Rule
This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision.
This key is intended for actions that may affect the threatened northern long-eared bat.

10/31/2019 Event Code: 04EN1000-2020-E-00178 4
The purpose of the key for Federal actions is to assist determinations as to whether proposed
actions are consistent with those analyzed in the Service's PBO dated January 5, 2016.
Federal actions that may cause prohibited take of northern long-eared bats, affect ESA -listed
species other than the northern long-eared bat, or affect any designated critical habitat, require
ESA Section 7(a)(2) consultation in addition to the use of this key. Federal actions that may
affect species proposed for listing or critical habitat proposed for designation may require a
conference under ESA Section 7(a)(4).

10/31/2019 Event Code: 04EN1000-2020-E-00178 5
Determination Key Result
This project may affect the threatened Northern long-eared bat; therefore, consultation with the
Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat.884, as
amended; 16 U.S.C. 1531 et seq.) is required. However, based on the information you provided,
this project may rely on the Service's January 5, 2016, Programmatic Biological Opinion on
Final 4(d) Rule for the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions
to fulfill its Section 7(a)(2) consultation obligation.
Qualification Interview
1. Is the action authorized, funded, or being carried out by a Federal agency?
Yes
2. Have you determined that the proposed action will have "no effect" on the northern long-
eared bat? (If you are unsure select "No")
No
3. Will your activity purposefully Take northern long-eared bats?
No
4. Is the project action area located wholly outside the White -nose Syndrome Zone?
Automatically answered
No
5. Have you contacted the appropriate agency to determine if your project is near a known
hibernaculum or maternity roost tree?
Location information for northern long-eared bat hibernacula is generally kept in state
Natural Heritage Inventory databases — the availability of this data varies state -by -state.
Many states provide online access to their data, either directly by providing maps or by
providing the opportunity to make a data request. In some cases, to protect those resources,
access to the information may be limited. A web page with links to state Natural Heritage
Inventory databases is available at www.fws.gov/midwest/endangered/mammals/nleb/
nhisites.html.
Yes
6. Will the action affect a cave or mine where northern long-eared bats are known to
hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or
other alteration) of a hibernaculum?
No

10/31/2019 Event Code: 04EN1000-2020-E-00178 6
7. Will the action involve Tree Removal?
Yes
8. Will the action only remove hazardous trees for the protection of human life or property?
No
9. Will the action remove trees within 0.25 miles of a known northern long-eared bat
hibernaculum at any time of year?
No
10. Will the action remove a known occupied northern long-eared bat maternity roost tree or
any trees within 150 feet of a known occupied maternity roost tree from June 1 through
July 31?
No

10/31/2019 Event Code: 04EN1000-2020-E-00178
7
Project Questionnaire
If the project includes forest conversion, report the appropriate acreages below.
Otherwise, type `0' in questions 1-3.
1. Estimated total acres of forest conversion:
M
2. If known, estimated acres of forest conversion from April 1 to October 31
0
3. If known, estimated acres of forest conversion from June 1 to July 31
0
If the project includes timber harvest, report the appropriate acreages below.
Otherwise, type `0' in questions 4-6.
4. Estimated total acres of timber harvest
U
5. If known, estimated acres of timber harvest from April 1 to October 31
0
6. If known, estimated acres of timber harvest from June 1 to July 31
0
If the project includes prescribed fire, report the appropriate acreages below.
Otherwise, type `0' in questions 7-9.
7. Estimated total acres of prescribed fire
0
8. If known, estimated acres of prescribed fire from April 1 to October 31
0
9. If known, estimated acres of prescribed fire from June 1 to July 31
0
If the project includes new wind turbines, report the megawatts of wind capacity
below. Otherwise, type `0' in question 10.

10/31/2019 Event Code: 04EN1000-2020-E-00178
10. What is the estimated wind capacity (in megawatts) of the new turbine(s)?

Parcels
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Figure 1 Overview Site Map
Irvins Creek Greenway - Idlewild Road to Lakewood Circle
Yadkin River Basin (03040105)
Mecklenburg County, NC

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WILDLANDS
kip ENGINEERING 0 275 550 1,100 Feet
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Figure 2 USGS Topographic Site Map
Irvins Creek Greenway - Idlewild Road to Lakewood Circle
Yadkin River Basin (03040105)
Mecklenburg County, NC

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United States Department of the Interior FSERVIUE
.�
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
December 13, 2019
Kristen Gimbert
Wildlands Engineering
1430 South Mint Street, Suite 204
Charlotte, North Carolina 28203
Dear Kristen Gimbert:
Subject: Irvins Creek Greenway — Idlewild Road to Lakewood Circle; Mecklenburg County,
North Carolina
Log No. 4-2-20-064
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated November 4, 2019 wherein you solicit our comments regarding project -
mediated impacts to federally protected species and initiate informal consultation. We submit
the following comments in accordance with the provisions of the Fish and Wildlife Coordination
Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321
et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531-1543) (Act).
Project Description
According to the information provided, the proposed project would entail the construction of
approximately I -mile of greenway trail in Charlotte, North Carolina. The proposed work would
entail landscaping along the greenway corridor, a pedestrian bridge crossing, improvements to an
existing parking facility, and stabilization of approximately 300 linear feet of Irvins Creek.
Onsite habitats consist of disturbed riparian forest, maintained utility easements, and transitional
habitats. Surrounding land use is dominated by residential developments. Your description of
the proposed work suggests authorization from the U.S. Army Corps of Engineers would be
required.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the project
area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the
final 4(d) rule (effective as of February 16, 2016), exempts incidental take of northern long-eared
bat associated with activities that occur greater than 0.25 miles from a known hibernation site,
and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1
— July 31). Based on the information provided, the project (which mayor may not require tree
clearing) would occur at a location where any incidental take that may result from associated
activities is exempt under the 4(d) rule. Although not required, we encourage the Applicant to
avoid any associated tree clearing activities during the maternity roosting season from May 15 —
August 15.

The site was evaluated for federally protected plant and animal species known to occur in
Mecklenburg County on September 30 and October 2, 2019, but no evidence for these species
were detected at that time. Based on these negative survey results, we have no concerns for
project -mediated impacts to federally protected species, and we require no further information at
this time.
Please be aware that obligations under section 7 of the Endangered Species Act must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered, (2) this action is
subsequently modified in a manner that was not considered in this review, or (3) a new species is
listed or critical habitat is determined that may be affected by the identified action.
We offer the following general recommendations on behalf of natural resources:
Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling should be minimized, and existing native vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be revegetated with native vegetation as soon as the project is completed. Ground
disturbance should be limited to what will be stabilized quickly, preferably by the end of the
workday. Natural fiber matting (coir) should be used for erosion control as synthetic
netting can trap animals and persist in the environment beyond its intended purpose.
Pollinator Habitat
We appreciate the incorporation of community garden areas into project design plans.
Pollinators, such as most bees, some birds and bats, or other insects, including moths and
butterflies, play a crucial role in the reproduction of flowering plants and in the production of
most fruits and vegetables. Over 75 percent of flowering plants and about 75 percent of crops
are pollinated by these pollinators. A recent study of the status of pollinators in North America
by the National Academy of Sciences found that populations of honey bees (which are not native
to North America) and many wild pollinators are declining. Declines in wild pollinators are a
result of loss, degradation, and fragmentation of habitat and disease; while declines in honey
bees has also been linked to disease.
The rusty -patched bumble bee (Bombus afnis) historically occurred in North Carolina's
Mountain and Piedmont provinces. Although not required, we encourage the Applicant to
consider our recommendations below to benefit the rusty -patched bumble bee and other
pollinators. Moreover, the creation and maintenance of pollinator habitats at this site may
increase the value of the project for the community and help reduce the spread of invasive exotic
plants. Please consider the following:
1. Sow native seed mixes in disturbed areas or in designated pollinator areas with plants
that bloom throughout the entire growing season.
2. Taller growing pollinator plant species should be planted around the periphery of the
site and anywhere on the site where mowing can be restricted during the summer

months. Taller plants, left un-mowed during the summer, would provide benefits to
pollinators, habitat to ground nesting/feeding birds, and cover for small mammals.
3. Low growing/groundcover native species should be planted in areas that need to be
maintained. This would provide benefits to pollinators while also minimizing the
amount of maintenance such as mowing and herbicide treatment. Milk weed species
are an important host plant for monarch butterflies.
4. Avoid mowing of flowering plants. Designated pollinator areas show be mow only
50% of the plant height, but no lower than 8 inches.
5. Avoid mowing outside the active season for rusty -patched bumble bee and other
pollinators (April 15 — October 15).
6. Leave slash piles, mulch piles, or loose dirt piles along woodland edges. These areas
provide nesting habitats and/or nest materials for some pollinators.
7. Avoid the use of pesticides and specifically neonicotinoids.
8. Additional information regarding plant species, seed mixes, and pollinator habitat
requirements can be provided upon request.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at 828/258-3939, Ext. 42225, if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-20-064.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor