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HomeMy WebLinkAbout20201231 Ver 1_07_T&E Pkg_Optimized_20201028MCADAMS July 15, 2020 Mr. Byron Hamstead Asheville Ecological Services Field Office U.S. Fish and Wildlife Service Via byron_hamstead@fws.gov RE: Protected Species Assessment Pebble Creek Stream Stabilization Asheville, Buncombe County, NC Mr. Hamstead: PROTECTED SPECIES ASSESSMENT > COA-19000 McAdams conducted a protected species assessment for the proposed Pebble Creek Stream Stabilization project in support of an anticipated application for a Section 404 Clean Water Act permit. The City of Asheville proposes to make improvements along the banks of Dingle Creek in the Pebble Creek community. The existing banks are lined with gabion baskets filled with riprap that are failing, causing erosion and instability. Figure 1 depicts the location of the project study area on the US Geological Survey (USGS) Asheville, NC 7.5-minute quadrangle topographic map. Figure 2 shows the location of the project study area on the Web Soil Survey map. Udorthents-Urban land complex occupies much of the study area. Most of the project area consists of the stream to be improved. Also within the project area are several ornamental trees, a bridge with a culvert allowing Dingle Creek to pass underneath, and sidewalks associated with the apartment buildings on either side of the stream. Figure 3 depicts the subject property and stream on an aerial photograph of the area. On July 10, 2020, McAdams used the US Fish and Wildlife (USFWS) Information for Planning and Consultation (IPaC) website to obtain a list of threatened and endangered species that may occur in the proposed project location and/or may be affected by the proposed project. This process generates an Official Species List that is shown in Table 1. No Critical Habitats were identified within or within the vicinity of the project area. A list of natural heritage resources was obtained from the NC Natural Heritage Program (NCNHP) on July 10, 2020. No records for rare species, important natural communities or natural areas were identified within the project study area. Conservation/managed areas within one mile of the project study area are shown in the Natural Heritage report. Information regarding the appearance and habitat for each species identified were compiled. McAdams staff routinely visits the NC Botanical Garden to observe protected species identified on Official Species Lists during different stages of their life cycle including into senescence. On July 14, 2020, a McAdams staff member walked transects through each suitable habitat site present for Virginia Spiraea, which totals approximately one -tenth acre. Photographs taken during the field survey are provided in Appendix A. Carex species, Ranunculus species, and Trifolium species were common within the survey area. creating experiences through experience 2905 Meridian Parkway, Durham, NC 27713 / 919. 361. 5000 MCADAMS PROTECTED SPECIES ASSESSMENT > COA-19000 Table 1. Federally Protected Species That May Be Within the Project Study Area (7/10/2020) Scientific Name Common Name Federal Status Mammals Glaucomys sabrinus coloratus Carolina Northern Flying Squirrel Endangered Myotis grisescens Gray Bat Endangered Myotisseptentrionalis Northern Long-eared Bat Threatened Reptiles Clemmys muhlenbergii EogTurtle Similarity of Appearance (Threatened) Clams Alasmidonta raveneliana Appalachian Elktoe Endangered Arachnids Microhexura montivaga Spruce -fir Moss Spider Endangered Flowering Plants Solidago spithamaea Blue Ridge Goldenrod Threatened Sarracenia rubra ssp. jonesii Mountain Sweet Pitcher -plant Endangered Geum radiatum Spreading Avens Endangered Spiraea virginiana Virginia Spiraea Threatened Lichens Gymnoderma lineare Rock Gnome Lichen Endangered Carolina Northern Flying Squirrel (Glaucomys sabrinus coloratus) — Endangered Biological Opinion: No effect Appearance: "There are two species of flying squirrels in the Southern Appalachians — the northern (Glaucomys sabrinus) and southern (Glaucomys volans). They can be difficult to tell apart visually, therefore the elevation and habitat where they are found can be the best distinguishing traits." "Northern flying squirrels are about one-third larger than the very common southern species. Also, northern flying squirrels have brown colored fur on their backs, and bicolored fur on their bellies that is gray at the base and creamy white at the tip. Southern flying squirrels have brown or gray fur on their backs with bright white fur on their bellies, and a clearly defined (usually black) line separates the fur colors. The endangered Carolina northern flying squirrel is a subspecies of the northern flying squirrel." Habitat: "Carolina northern flying squirrels are typically found in high elevation, mixed red spruce -northern hardwood and spruce -fir forests. These habitats are often moist and cool. Southern flying squirrels are most often found in the warmer and drier hardwood and mixed pine -hardwood forests of low and mid elevations" (USFWS/SR 2019c). creating experiences through experience 2 of 9 MCADAMS PROTECTED SPECIES ASSESSMENT > COA-19000 The project area spruce -hardwood and spruce -fir forests and therefore does not contain suitable habitat for the Carolina northern flying squirrel. Gray Bat (Myotis grisescens) — Endangered Biological Opinion: No effect Appearance: "Gray bats are distinguished from other bats by the unicolored fur on their back. In addition, following their molt in July or August, gray bats have dark gray fur which often bleaches to a chestnut brown or russet. They weigh 7-16 grams. The bat's wing membrane connects to its ankle instead of at the toe, where it is connected in other species of Myotis." Habitat: "With rare exceptions, gray bats live in caves year-round. During the winter gray bats hibernate in deep, vertical caves. In the summer, they roost in caves which are scattered along rivers. These caves are in limestone karst areas of the southeastern United States. They do not use houses or barns" (USFWS 2019). The project area lacks caves and therefore does not contain suitable habitat for the gray bat. Northern Long-eared Bat (Myotis septentrionalis) —Threatened Biological Opinion: No effect "Appearance: The northern long-eared bat is a medium-sized bat with a body length of 3 to 3.7 inches but a wingspan of 9 to 10 inches. Their fur color can be medium to dark brown on the back and tawny to pale -brown on the underside. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis. "Winter Habitat: Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They use areas in various sized caves or mines with constant temperatures, high humidity, and no air currents. Within hibernacula, surveyors find them hibernating most often in small crevices or cracks, often with only the nose and ears visible. "Summer Habitat: During the summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities or in crevices of both live trees and snags (dead trees). Males and non -reproductive females may also roost in cooler places, like caves and mines. Northern long-eared bats seem to be flexible in selecting roosts, choosing roost trees based on suitability to retain bark or provide cavities or crevices. This bat has also been found rarely roosting in structures, like barns and sheds" (USFWS 2018). The project area lacks both forested areas and caves and therefore does not contain suitable habitat for the northern long-eared bat. creating experiences through experience 3 of 9 MCADAMS PROTECTED SPECIES ASSESSMENT > COA-19000 Bog Turtle (Clemmys muhlenbergii) — Similarity of Appearance (Threatened) Biological Opinion: No effect Appearance: "The bog turtle is the smallest turtle in North America, rarely exceeding three or four inches in length and weighing only about four ounces. It's orange to yellow patch on either side of the neck easily distinguishes it from other turtles. "Bog turtles emerge from their muddy hibernation in March or April and begin actively seeking a mate. Adults are sexually mature at five to eight years of age. During the months of May -July, the female lays a clutch of one to six small white elliptical eggs in a shallow nest she digs in a clump of sphagnum moss or tuft of grass above the water line. After seven or eight weeks of being incubated by the sun, the inch -long hatchlings emerge. Because they are born so late in the year, the hatchlings often spend their first winter near the nest." Habitat: "Bog turtles live in the mud, grass and sphagnum moss of bogs, swamps, and marshy meadows. These wetlands are usually fed by cool springs flowing slowly over the land, creating the wet, muddy soil needed by the turtles" (USFWS/SR 2019b). The project area lacks wetlands and thus does not contain suitable habitat for the bog turtle. Appalachian Elktoe (Alasmidonta raveneliana) — Endangered Biological Opinion: No effect Appearance: "The Appalachian elktoe has a thin, kidney -shaped shell, extending to about 10 centimeters (4 inches). Juveniles generally have a yellowish -brown periostracum (outer shell surface), while the periostracum of the adults is usually dark brown to greenish -black in color. Although rays are prominent on some shells, particularly in the posterior portion of the shell, many individuals have only obscure greenish rays. The shell nacre (inside shell surface) is shiny, often white to bluish -white, changing to a salmon, pinkish, or brownish color in the central and beak cavity portions of the shell; some specimens may be marked with irregular brownish blotches." Habitat: "The elktoe has been reported from relatively shallow, medium-sized creeks and rivers with cool, clean, well -oxygenated, moderate- to fast -flowing water. The species is most often found in riffles, runs, and shallow flowing pools with stable, relatively silt -free, coarse sand and gravel substrate associated with cobble, boulders, and/or bedrock. Stability of the substrate appears to be critical to the Appalachian elktoe, and the species is seldom found in stream reaches with accumulations of silt or shifting sand, gravel, or cobble. Individuals that have been encountered in these areas are believed to have been scoured out of upstream areas during periods of heavy rain, and have not been found on subsequent surveys" (USFWS/SR 2020). A perennial stream flows east to west through the project area. However, this stream has eroding and unstable banks that result in shifting and silty substrate. Therefore, the project area does not contain suitable habitat for the Appalachian elktoe. creating experiences through experience 4 of 9 MCADAMS PROTECTED SPECIES ASSESSMENT > COA-19000 Spruce -fir Moss Spider (Microhexura montivaga) Biological Opinion: No effect Appearance: "The spruce -fir moss spider is one of the smallest members of the primitive suborder of spiders, Mygalomorphae, which includes tarantulas and trapdoor spiders. Adults measure only 0.10 to 0.15 inch (about the size of a BB). Colors of the spruce -fir moss spider ranges from light brown to yellow -brown to a darker reddish brown, and there are no markings on its abdomen." Habitat: "The spruce -fir moss spider only lives on the highest mountain peaks in the Southern Appalachian Mountains of western North Carolina, eastern Tennessee, and southwest Virginia. The spider is largely found in fir and spruce -fir forests over 5400 feet in elevation and on slopes with northern aspects. The typical habitat of this spider is damp, but well -drained moss mats growing on rocks and boulders in well -shaded areas within these forests. The moss mats cannot be too dry (the species is very sensitive to desiccation)" (USFWS/SR 2019f). The project area lacks spruce -fir forests and therefore does not contain suitable habitat for the spruce -fir moss spider. Blue Ridge Goldenrod (Solidago spithamaea) —Threatened Biological Opinion: No effect Appearance: "Blue Ridge goldenrod is a small perennial herb (4-8 inches tall). Its golden -yellow flowers appear from late July to September, and fruits form and ripen from July to October. Although there are many species of goldenrods, this one can be distinguished by its flat-topped flowers, small stature, smooth foliage, and toothed, non - clasping stem leaves." Habitat: "This species occupies rock outcrops, ledges, and cliffs at high elevations (generally above 4,600 ft.). The soils upon which this species grows are generally shallow and acidic. Blue Ridge goldenrods usually grow in full sun" (USFWS/SR 2019a). The project area lacks high -elevation rock outcrops, ledges, and cliffs, and therefore does not contain suitable habitat for Blue Ridge goldenrod. Mountain Sweet Pitcher -plant (Sarracenia rubra ssp. jonesii) — Endangered Biological Opinion: No effect Appearance: "Mountain sweet pitcher plant is a carnivorous perennial herb with tall, hollow pitcher -shaped leaves and red sweet-smelling flowers. The unusual red flowers (yellow in rare cases) appear from April to June, with fruits ripening in August. Flowering plants reach up to 29 inches." Habitat: "This insectivorous species is native to bogs and a few streamsides in the Blue Ridge Mountains of North Carolina and South Carolina. Other (coastal plain) species of this genus are known to benefit from periodic fire, which reduces woody competition; however there is some evidence that this mountain species may actually be creating experiences through experience 5 of 9 MCADAMS PROTECTED SPECIES ASSESSMENT > COA-19000 harmed by fire. More research on management and biological requirements of the species is needed. Mountain sweet pitcher plant is also seriously threatened by collectors" (USFWS/SR 2019d). The project area lacks wetlands and therefore does not contain suitable habitat for mountain sweet pitcher -plant. Spreading Avens (Geum radiatum) — Endangered Biological Opinion: No effect Appearance: "Spreading avens is a tall perennial herb (eight to 20 inches) in the rose family. Its distinctive bright yellow flowers (generally up to 1 inch across) appear from June through September, and fruits form and ripen from August through October." Habitat: "The avens grows in full sun on the shallow acidic soils of high -elevation cliffs (above 4,200 feet), rocky outcrops, steep slopes, and on gravelly talus" (USFWS/SR 2019e). The project area lacks high -elevation rock outcrops, cliffs, and slopes, and therefore does not contain suitable habitat for spreading avens. Virginia Spiraea (Spiraea virginiana) —Threatened Biological Opinion: May affect, not likely to adversely affect Appearance: "Virginia spiraea is a perennial shrub with many branches. It grows 3-10 feet tall. Its alternate leaves are single -tooth serrated; 1-6 inches long and 1-2 inches wide; occasionally curved; and have a narrow, moderately tapered base. The leaves are also darker green above than below. The plant produces flowers that are yellowish green to pale white, with stamens twice the length of the sepal. It blooms from late May to late July, but flower production is sparse and does not begin until after the first year of establishment. Virginia spiraea has a clonal root system that can fragment and produce more plants. This form of vegetative reproduction is more common than flower pollination and seed dispersal in this species." Habitat: "Virginia spiraea occurs along rivers and streams and relies on periodic disturbances, such as high -velocity scouring floods, which eliminate competition from trees and other woody vegetation. However, if the frequency and intensity of these floods is too great, the plant may become dislodged and wash downstream into less suitable habitat" (USFWS/SR 2019g). The project area contains a stream bank that is subject to regular disturbance, preventing trees and woody vegetation from growing along the channel. The optimal survey window for this species is May -early July. On July 14, 2020, a McAdams staff member surveyed areas of suitable habitat (totaling about one -tenth acre) and did not locate Virginia spiraea. creating experiences through experience 6 of 9 MCADAMS PROTECTED SPECIES ASSESSMENT > COA-19000 Rock Gnome Lichen (Gymnoderma lineare) — Endangered Biological Opinion: No effect "Description: One of two lichens on the federal list of threatened and endangered species, Rock gnome lichen is the only member of the genus Gymnodera to live in North America. Other members of this genus live in the mountains of east Asia, including Japan and the Himalayas. Rock gnome lichen occurs in dense colonies of narrow strap -like lobes that are about 0.04 inch (1 millimeter) across and generally one to two centimeters long. These lobes are blue gray on the terminal upper surface, and generally shiny white on the lower surface, grading to black near the base. The fruiting bodies are born on the tips of these lobes, are black, and have been found from July through September. The primary means of propagation appears to be asexual, with colonies spreading clonally. "Habitat: Rock gnome lichen is primarily limited to vertical rock faces where seepage water from forest soils above flows during (and only during) very wet times. It appears the species needs a moderate amount of light, but that it cannot tolerate high -intensity solar radiation. It does well on moist, generally open, sites, with northern exposures, but needs at least partial canopy coverage where the aspect is southern or western" (USFWS 2011). The project area lacks vertical rock faces that receive seepage water from soils above and therefore does not contain suitable habitat for rock gnome lichen. Bald and Golden Eagle Protection Act Description: "Distinguished by a white head and white tail feathers, bald eagles are powerful, brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller, weighing as much as 10 pounds and have a wingspan of 6 feet." Habitat: "Bald eagles require a good food base, perching areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs, rivers, and some seacoasts." (USFWS 2007a) Bald eagles build large nests (4 to 6 feet in diameter and larger) in the tops of tall trees and snags that include perches with a clear view of water. (USFWS 2007b) Located approximately 1.3 miles south of the project area, Lake Julian is suitable habitat for the Bald eagle. The NCNHP report did not list eagle nests within 1.0 mile of the project area. McAdams did not observe bald eagles or nests within the project area. Conclusions/Recommendations The project area contains suitable habitat for Virginia spiraea. A biological opinion of "may affect, not likely to adversely affect" was determined for this species because no individuals were observed during a field survey conducted within the optimal survey windows for this species. A biological opinion of "no effect" was determined for the Carolina northern flying squirrel, gray bat, northern long-eared bat, bog turtle, Appalachian elktoe, spruce -fir moss spider, Blue Ridge goldenrod, mountain sweet pitcher -plant, spreading avens, and rock gnome lichen based on a lack of suitable habitat within the project area. A determination of "No Eagle Act permit required" was determined creating experiences through experience 7 of 9 MCADAMS PROTECTED SPECIES ASSESSMENT > COA-19000 for the bald eagle because there are no known nests or suitable habitat within 660 feet of the project area. We request your review and comments on this protected species assessment. Sincerely, MCADAMS Jennifer Burdette, PWS Sr. Environmental Consultant, Water Resources Attachments: Figure 1. USGS Map Figure 2. Soil Survey Map Figure 3. Aerial Map Appendix A. Field Survey Photographs USFWS Official Species List (7/10/2020) NCNHP Site Information (7/10/2020) creating experiences through experience 8 of 9 MCADAMS PROTECTED SPECIES ASSESSMENT > COA-19000 Literature Cited U.S. Fish and Wildlife Service. 2007a. Bald Eagle Fact Sheet, https://www.fws.gov/migratorybirds/pdf/management/bald-eagle-fact-sheet.pdf. U.S. Fish and Wildlife Service. 2007b. National Bald Eagle Management Guidelines, https://www.fws.gov/migratorybirds/pdf/management/nationalbaldeaglenanagementguidelines.pdf. U.S. Fish and Wildlife Service. 2011. Rock Gnome Lichen Fact Sheet, https://www.fws.gov/southeast/pdf/fact- sheet/rock-gnome-I ichen. pdf. U.S. Fish and Wildlife Service. 2018. Northern Long -Eared Bat Fact Sheet. Northern Long -Eared Bat I Species Information, www.fws.gov/midwest/endangered/mammals/nleb/nlebFactSheet.html. U.S. Fish and Wildlife Service. 2019. Gray Bat Fact Sheet, https://www.fws.gov/midwest/endangered/mammals/grbat_fc.htm1. U.S. Fish and Wildlife Service/Southeast Region. 2019a. Blue Ridge Goldenrod I Species Profile, https://www.fws.gov/southeast/wildlife/plants/blue-ridge-goldenrod/. U.S. Fish and Wildlife Service/Southeast Region. 2019b. Bog Turtle (Southern population) I Species Profile, https://www.fws.gov/southeast/wildlife/reptiles/bog-turtle/. U.S. Fish and Wildlife Service/Southeast Region. 2019c. Carolina Northern Flying Squirrel I Species Profile, https://www.fws.gov/southeast/wi Id I ife/ma m ma Is/carol i na-northern-flying-squirrel/. U.S. Fish and Wildlife Service/Southeast Region. 2019d. Mountain Sweet Pitcher -plant I Species Profile, https://www.fws.gov/southeast/wildlife/plants/mountain-sweet-pitcher-plant/. U.S. Fish and Wildlife Service/Southeast Region. 2019e. Spreading Avens I Species Profile, https://www.fws.gov/southeast/wildlife/plants/spreading-avens/. U.S. Fish and Wildlife Service/Southeast Region. 2019f. Spruce -fir Moss Spider I Species Profile, https://www.fws.gov/southeast/wildlife/arachnids/spruce-fir-moss-spider/. U.S. Fish and Wildlife Service/Southeast Region. 2019g. Virginia Spiraea I Species Profile, https://www.fws.gov/southeast/wi Id I ife/plants/vi rgi n is-spi raea/. U.S. Fish and Wildlife Service/Southeast Region. 2020. Appalachian Elktoe I Species Profile, https://www.fws.gov/southeast/wildlife/mussels/appalachian-elktoe/. creating experiences through experience 9 of 9 a] r a Alt Rn Alt 7 Ne ►►'lop Ml in CD�vR�u� Rfl 2 aPC t C ., ■ G pp•RG � µp550RA m f46 � es Legend Project Area alRcrr cN vaiD� a A NOTES: 1. USGS; 7.5 MINUTE, QUAD, "ASHEVILLE", NORTH CAROLINA; 2019 2. LAT: 35.502366, LONG:—82.527014 0 1,000 2,000 i FIGURE 1. USGS TOPOGRAPHIC VICINITY MAP Feet PEBBLE CREEK STREAM STABILIZATION 1 inch = 2,000 feet ASHEVILLE, BUNCOMBE COUNTY, NC VERSION: 1 DATE: 7/8/2020 MCADAMS JOB NO: COA-19000 DRAWN BY: pierzga Y:\Projects\COA\COA-19000\04-Production\Natural Resources\GIS\COA19000 PebbleCk Fig 1 USGS.mxd, 7/8/2020 12:29:30 PM, pierzqa yr P leg, *f f- r If 1-0 Legend , Project Area Soil Map Unit �. Hydric Map Unit Soil � Symbol Map Unit Name Rating - ' 1 TmD Tate -Urban land complex, 15 to 30 percent slopes No UfB Udorthents-Urban land complex, Oto 5 percent slopes, occasionally flooded No UhE Udorthents-Urban land complex 2to 50 percent slopes No 201 NC C- e f f G- p is I f rn 7 f a& J rA NOTES: Web Soil Survey SSURGO Spatial Data: Buncombe County (Version 7, Sep 16, 2019) ' 0 50 100 J FIGURE 2. NRCS WEB SOIL SURVEY Feet PEBBLE CREEK STEAM STABILIZATION 1 inch =100 feet ASHEVILLE, BUNCOMBE COUNTY, NC VERSION: 1 DATE: 7/15/2020 McADAMS JOB NO: COA-19000 DRAWN BY: pierzga Y:\Proiects\COA\COA-19000\04-Production\Natural Resources\GIS\COA19000 PebbleCk Fiq 2A Web SS.mxd, 7/15/2020 3:02:10 PM, pierzga �-+ United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office t UWA 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/couMfr.html In Reply Refer To: Consultation Code: 04EN1000-2020-SLI-0757 Event Code: 04EN1000-2020-E-01779 Project Name: Pebble Creek Stream Stabilization July 10, 2020 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: https://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 https://www.fws.gov/asheville/htmis/project review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 07/10/2020 Event Code: 04EN1000-2020-E-01779 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-library/pdf/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:// www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; 07/10/2020 Event Code: 04EN1000-2020-E-01779 3 http://www.towerkill.com; and http://www.fws.gov/migratoI3Lbirds/CurrentBirdlssues/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 07/10/2020 Event Code: 04EN1000-2020-E-01779 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 (828) 258-3939 07/10/2020 Event Code: 04EN1000-2020-E-01779 Project Summary Consultation Code: 04EN1000-2020-SLI-0757 Event Code: 04EN1000-2020-E-01779 Project Name: Pebble Creek Stream Stabilization Project Type: STREAM / WATERBODY / CANALS / LEVEES / DIKES Project Description: The project site is located within the Pebble Creek Drive townhome community in Asheville, North Carolina. A portion of Dingle Creek that is within an easement owned by the City of Asheville flows from east to west between two residential buildings in the townhome community. The creek banks are currently supported with gabion baskets filled with rip rap and are experiencing instability and stream bank erosion. Some of the wire baskets are corroded and portions of the baskets are apparently being undermined by the erosion. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/35.50236714691498N82.52707131403557W riul?i. F'i � t c Counties: Buncombe, NC AtAI 2 07/10/2020 Event Code: 04EN1000-2020-E-01779 3 Endangered Species Act Species There is a total of 11 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAM L STATUS Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2657 Gray Bat Myotis grisescens Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Reptiles NAME STATUS Bog Turtle Clemmys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https:Hecos.fws.gov/ecp/species/6962 07/10/2020 Event Code: 04EN1000-2020-E-01779 4 Clams NAME STATUS Appalachian Elktoe Alasmidonta raveneliana Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/5039 Arachnids NAME STATUS Spruce -fir Moss Spider Microhexura montivaga Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/4801 Flowering Plants NAM STATUS Blue Ridge Goldenrod Solidago spithamaea Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5821 Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/4283 Spreading Averts Geum radiatum Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/6854 Virginia Spiraea Spiraea virginiana Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1728 Lichens NAME STATUS Rock Gnome Lichen Gymnoderma lineare Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3933 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 07/10/2020 Event Code: 04EN1000-2020-E-01779 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. 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 Prairie Warbler Dendroica discolor Breeds May 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the 31 continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep This is a Bird of Conservation Concern (BCC) throughout its range in the 10 continental USA and Alaska. Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. 07/10/2020 Event Code: 04EN1000-2020-E-01779 NAME Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Yellow -bellied Sapsucker sphyrapicus varies This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/8792 Probability Of Presence Summary BREEDING SEASON Breeds May 10 to Aug 31 Breeds May 10 to Jul 15 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 10km 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 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( ) 07/10/2020 Event Code: 04EN1000-2020-E-01779 3 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 10km 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 Prairie WarblerIIII ��, BCC Rangewide (CON) WoodpecBCC ker IIII IIII Rusty Blackbird A— —'�' —'— V+-- BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON) Yellow -bellied + +II""I IF Sapsucker —+-1 1—� —+-- —��— 1-11 A —Al BCC -BCR 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/ management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratoDLbirds/pdf/ irds/pdf/ management/nationwidestandardconservationmeasures. pdf 07/10/2020 Event Code: 04EN1000-2020-E-01779 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 (AKN). 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 10km 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 Act 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? 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 07/10/2020 Event Code: 04EN1000-2020-E-01779 5 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 Act 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 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 Lorin. 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 07/10/2020 Event Code: 04EN1000-2020-E-01779 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. 07/10/2020 Event Code: 04EN1000-2020-E-01779 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. Army Corps 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. RIVERINE • R5UBH 4 ,own Roy Cooper, Governor •� ow NC DEPARTMENT OF Susi Hamilton. Secretary 0>•- >•x NATURAL AND CULTURAL RESOURCES Walter Clark, Director, Land and Water Stewardship NCNHDE-12450 July 10, 2020 Alec Pierzga The John R. McAdams Company 2905 Meridian Parkway Durham, NC 27713 RE: Pebble Creek Stream Stabilization; COA-19000 Dear Alec Pierzga: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. 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 found within the project area or is 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: httr)s://www.fws.aov/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. 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 Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butlerCo�ncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program 0EPAR7MENT OF NATURAL AND CULTURAL RESOURCES p] 121 W. JONES STREET RALEIGH. r-t% 27603 - 1651 MAUL SERv1GE CENTER. RALEdGH. WC 27609 & OFC 019.7R79120 • FAX 919,707.9121 � 1 CO \ \ .\ (N0 < = 0 no 0 ss2cc 4 \ / O \ ®». \%\ 0 >2 CO 5 ® .eeeu \/.\ Z CO CO Z \ O \ E e 3 CO / � 3 d CO e CO \ .g \ 7 \ \ \� \ u e a ■ Al e .k CO e e CO E \ COCOe Z x \ .g ± y v e E \ 0 // CO 0 o \ \ \ \ / CO 4 \ � \ \ \ CO E § / CO 2 \ \ \ E \ 0 \ \ \ \ \ / /\\ k a ■ / O CO \ ƒ / \ \ \ \ E c O \ CO \ / 0-\ < < e e \\�\ ss2o CO CO / / x/ 3 x � § � § / 0 -4-- co N -1 �t U) E M L U) i n� W L a LO N r 2 z r !, r ❑ 4 ram' .r s t. _ m - m y f.J 35� I,-, SO 1 � 4 NG�, E Y 0 W apy o� LO Ol CVd o Eye L7 N S =c��z �ZUG w O O H0.wa 2 ❑© O M M N a MCADAMS PROTECTED SPECIES ASSESSMENT > COA-19000 Appendix A. Habitat Photographs Photo 1. Dingle Creek looking upstream (7/14/20) creating experiences through experience 1 of 2 MCADAMS PROTECTED SPECIES ASSESSMENT > COA-19000 Photo 2: Dingle Creek looking downstream and streamside habitat surveyed for Virginia spiraea (7/14/20) Photo 3: Dingle Creek substrate creating experiences through experience 2 of 2 MCADAMS PROTECTED SPECIES ASSESSMENT > COA-19000 Photo 4: Stream banks lined with riprap creating experiences through experience 3 of 2