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Home My WebLink About20210051 Ver 1_East Nash Solar USFWS SelfCertify_200408_20210223ENT OF Tjy�2 a. 9 CH 3� A United States Department of the Interior Project Name East Dear Applicant: FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date:4/7/2020 Self -Certification Letter Nash Solar F[f3lld ev ICE IF6 SNHICI3 Mf V Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or ❑✓ proposed/designated critical habitat; and/or ❑ "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑✓ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑✓ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh(cfws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package Species Conclusions Table Project Name: _Nash Solar Farm Date: 4/7/2 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentatic Bald Eagle Unlikely to disturb nesting No Effect Action area not withir Haliaeetus leucocephalus bald eagles eagle nest as identifi( and site is more than No critical habitat present large body of water c adequate food sourcf were observed durinc Neuse River Waterdog Suitable habitat present No Effect Stream substrate anc Necturus lewisi unsuitable for this aq No critical habitat present Carolina madtom Suitable habitat not present No Effect Stream substrate anc Notorus furiosus unsuitable for this aq No critical habitat present Atlantic pigtoe Suitable habitat not present No effect Stream substrate anc Fusconaia masoni unsuitable for this aq No critical habitat present Tar River spinymussel Suitable habitat present No effect Stream substrate anc Elliptio steinstansana unsuitable for this aq No critical habitat present Yellow lance Suitable habitat not present No Effect Stream substrate anc Elliptio lanceolate No critical habitat present unsuitable for this aq Michaux's sumac Suitable habitat not present No effect Suitable habitat is no Rhus michauxii incompatible with pla No critical habitat present individuals were iden reconnaissance Northern long eared bat Suitable habitat present May affect Mature trees which c Myotis septentrionalis habitat are present. F No critical habitat present this species. Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided informed decision about impacts in the immediate and surrounding areas Signature /Title 4/7/2020 Date April 6, 2020 United States Department of the Interior Fish and Wildlife Service — Raleigh Field Office PO Box 33726 Raleigh, North Carolina 27636 Reference: Protected Species Habitat Assessment East Nash Solar Farm Spring Hope, Nash County, North Carolina S&ME Project No. 4305-16-126A S&ME, Inc. (S&ME) is conducting an environmental review of the proposed school expansion site on behalf of Ecoplexus, Inc. The information contained herein was prepared as part of an evaluation of potential impacts to migratory birds, threatened, endangered, and proposed species, and critical habitat. SITE DESCRIPTION The site is the location of a proposed solar farm. The proposed solar farm will be constructed on four parcels approximately 1.3 miles northeast of the center of Spring Hope in Nash County, North Carolina. The location of the site is depicted on the attached Vicinity Map (Figure 1), United States Geological Service (USGS) Topographic Map (Figure 2), and the Site Map (Figure 3). A site visit was conducted on March 9, 2020 by S&ME natural resources personnel. The site was a mixture of undeveloped and agricultural land. The agricultural land has historically been used to cultivate a variety of crops and is currently growing a fescue species. The border between the undeveloped wooded areas and the agricultural fields are dominated by invasive species including Chinese privet (Ligustrum sinense) and Japanese honeysuckle (Lonicera japonica). Other species commonly seen within this boundary include henbit (Lamium aplexicaule), hairy bittercress (Cardamine hirstuta), white clover (Trifolium repens), Carolina geranium (Geranium carolinianum) chickweed (Stellaria media), goldenrod (Solidago sp.), field violet (Viola bicolor), wild onion (Album canadense), and common turf grass species. Representative photos of the agricultural fields and field edges are shown as photos 1-4 in the attached photographic log. Upland areas within the site were dominated by loblolly pine (Pinus taeda), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), tulip poplar (Liriodendron tulipifera), American holly (Ilex opaca), black cherry (Prunus serotina), laurel oak (Quercus laurifolia), water oak (Q. nigra), highbush blueberry (Vaccinium carymbosum), sycamore (Platanus occidentalis), Chinese privet, honeysuckle, muscadine grape (Vitis rotundifolia), green brier species (Smilax sp.), northern red oak (Q. rubra), white oak (Q. alba), and Christmas fern (Polystichum acrostichoides). Representative photos of the uplands areas are shown as photos 5-6 in the attached photographic log. Wetland areas within the site were dominated by red maple, sweetgum, netted chain fern (Woodwardia areolata), Japanese honeysuckle, loblolly pine, Japanese stiltgrass (Microstegium vimineum), sycamore, giant cane (Arundinaria gigantea), muscadine grape, and Chinese privet. Representative photos of the wetlands are shown as photos 7-8 in the attached photographic log. Streams on site are generally small and average three to six feet in width. They generally have silt or detritus substrates with some fine sand and are considered low gradient streams. S&ME, Inc. 13201 Spring Forest Road I Raleigh, NC 27616 1 p 919.872.2660 1 www.smeinc.com Protected Species Habitat Assessment East Nash Solar Farm I I Spring Hope, Nash County, North Carolina S&ME Project No. 4305-16-126A Silt or sediment deposition within these features appears to be high. Representative photographs of on -site streams are included as photos 9-12 in the attached photographic log. There is also one small impoundment on site that is approximately 0.26 acres in size. The impoundment was constructed within a natural drainageway and is shallow in nature. This ponded area is shown as photo 13 in the attached photographic log. There is one portion of the site that is part of a maintained powerline easement. This easement is dominated by Chinese privet, goldenrod species, pokeberry, Japanese honeysuckle, dog fennel (Eupatorium capi((ifo(ium), blackberry (Rubus sp.), and multiflora rose (Rosa multiflora). A representative photo of the maintained powerline easement is shown as photo 14 in the attached photographic log. MIGRATORY BIRDS The following migratory bird information is intended to identify site area land uses that may be related to potential impacts to migratory birds. The information is based on map/photograph review. The USGS quadrangle map and a 2017 aerial photograph (obtained from NC Onemap), and May 2018 Google Earth imagery were reviewed to determine the general land uses within a one -mile radius of the Site location. The surrounding land use within the one -mile search radius is primarily undeveloped with agricultural land and rural residential areas. Also within one mile is the Town of Spring Hope, which is a small town. Sapony Creek, Bear Branch, Little Peachtree Creek, Turkey Creek, Little Sapony Creek, and their unnamed tributaries are located within one mile of the project site. In addition to these, there are also approximately 11 ponds that could be conducive to migratory bird concentrations. SPECIES EVALUATION Existing federal -listed species information and site habitat observations were reviewed to determine the likely occurrence of protected (threatened, endangered), candidate, and proposed species at the proposed school Site. The USFWS website indicates that no designated critical habitat has been reported as occurring within the proposed Site. As listed in Table 1 below, several federally -protected species are listed within the vicinity of the Site in Nash County, North Carolina. Table 1— Federal Species of Concern Common Name Neuse River Waterdog Scientific Name Necturus (ewisi Federal Listing P (T) Carolina madtom Noturus furiosus P (E) Atlantic pigtoe Fusconaia masoni P (T) Tar River spinymussel E((iptio steinstan E Yellow lance E((iptio (anceo(ata T Michaux's sumac Rhus michauxii E April 6, 2020 2 Protected Species Habitat Assessment East Nash Solar Farm Spring Hope, Nash County, North Carolina S&ME Project No. 4305-16-126A P = Proposed E = Federal Endangered T = Federal Threatened BGEPA = Bald and Golden Eagle Protection Act Neuse River Waterdog Status: Federally -Proposed Threatened Biological Determination: No effect The Neuse River waterdog is a permanently aquatic salamander. This species of salamander can grow up to 11 inches long with a reddish -brown body and irregular pattern of large blue or black spots. The waterdog has a laterally compressed tail the same coloration as the body. The belly is typically a dull brown or gray color with similar spots to those elsewhere on the body. Adults of the species have elongated heads with squared -off noses, cylindrical trunks, and tails that are laterally compressed and ridged. Three dark red gills extend from either side of the head and a dark line runs through the eye. Unlike most other salamanders, the front and hind feet have four toes each. This species prefers low to moderate gradient streams and low current velocity. The water must be clean and have high dissolved oxygen concentrations and is usually found in streams wider than 15 meters. This species is more active in cold water with decreasing activity above temperatures above 18 degrees (°), spending approximately 85 percent of their time under large granite rocks or in burrows. During early spring, these salamanders move into leaf beds over mud banks on the low -energy side of riffles. These leaf beds contain leaves that are intact or only slightly decomposed and have high numbers of macroinvertebrates. Streams on site are low gradient with silt, detritus, and sandy substrates. They are significantly smaller and are significantly smaller than 15 meters wide. The streams on site do not provide suitable habitat for the Neuse River waterdog and therefore, it is not anticipated that this project will affect populations of this species. Carolina Madtom Status: Federally -Proposed Endangered _ Biological Determination: No effect The Carolina madtom is a small catfish with a maximum length of approximately five inches. This species of catfish has a short, chunky body with three dark saddles along its back. These saddles connect a wide, black stripe along the side of the fish extending from its snout to the base of the tail. The adipose fin has a dark spot that does not reach the edge of the fin. The saddles are spaced by yellowish to tan blotches and the remainder of the fish is tan colored. The tail has crescent shaped banks near the edge and center. The pectoral fins have well-defined serrated projections along the margins and contain stinging spines. This fish occurs in riffles, runs, and pools in medium to large streams and rivers. They prefer water with continuous flow, year-round flow and moderate gradient. Their preferred substrates are silt free, stable, gravel and cobble bottoms with cover for nesting sites. Examples of suitable cover include shells, logs, pieces of bark, or rocks. Streams on site are low gradient with silt, detritus, and sandy substrates. The streams on site do not provide April 6, 2020 Protected Species Habitat Assessment East Nash Solar Farm Spring Hope, Nash County, North Carolina S&ME Project No. 4305-16-126A suitable habitat for the Carolina madtom and therefore, it is not anticipated that this project will affect populations of this species. Atlantic Pigtoe Status: Federally -Proposed Threatened Biological Determination: No effect The Atlantic pigtoe has a rhombus shaped outer shell which is yellow to dark brown in color with a parchment -like texture. The inner shell is iridescent blue to salmon, white, or orange. This species rarely exceeds two inches in length. Young individuals have greenish rays across the shell. This species is also known for interlocking hinge -like teeth on the inside of the shell to keep the valves in proper alignment. The Atlantic pigtoe prefers coarse gravel and sand substrate and is rarely found in silt or detritus. Historically, this species was identified in small creeks to larger rivers with excellent water quality with flows sufficient to maintain clean, silt -free substrates. The streams on site have beds with silt and detritus and are therefore not suitable habitat for the Atlantic pigtoe. The project will have no effect on this species. Tar River Spinymussel Status: Federally -Listed Endangered _ Biological Determination: No effect The Tar River spinymussel has shiny shells that are usually yellowish -brown and often have greenish rays streaking outward from the hinge area. Older individuals are more brown in color and the rays have faded. This mussel rarely exceeds two inches in length. The Tar River spinymussel requires streams that are relatively silt -free beds of coarse sand and gravel in relatively fast -flowing, well oxygenated streams. The streams on site have beds with silt and detritus and are therefore not suitable habitat for the Tar River spinymussel. Therefore, the project will have no effect on this protected aquatic species. Yellow lance Status: Federally -Listed Threatened Biological Determination: No effect The yellow lance is a bright yellow mussel. The mussel can grow up to three inches in Ingth and is twice as long as it is tall. The outermost layer of the shell has a waxy appearance with brownish ridges. The inner layer of the shell if usually iridescent blue but can also be white or salmon colored. The posterior of the shell is distinctly rounded and has interlocking hinged teeth on the inside to keep the two hinged valves in alignment. The yellow lance prefers clean, coarse to medium sand or gravel substrates in moderate flowing water with high dissolved oxygen. The streams on site do not have clean sand or gravel bottoms and therefore do not provide suitable habitat for the yellow lance. The project will have no effect on this species. April 6, 2020 4 Protected Species Habitat Assessment East Nash Solar Farm Spring Hope, Nash County, North Carolina S&ME Project No. 4305-16-126A Michaux's Sumac Status: Federally -Listed Endangered _ Biological Determination: No effect Michaux's sumac prefers sandy or rocky open woods in association with basic soils. This shrub prefers areas where some form of regular disturbance has created an open area. In North Carolina, this species has been observed within rights -of -way, roadsides, or on the edges of artificially maintained clearings or areas with periodic fires. While potential habitat exists within the maintained powerline easement and along field edges, the soils on site are strongly acidic per the 1989 USDA-SCS published Soil Survey of Nash County as well as being classified as loamy sands or sandy loams. In addition, no individuals were identified during the site reconnaissance. Therefore, this project will have no effect on Michaux's sumac. Bald Eagle Status: Bald and Golden Eagle Protection Act Biological Determination: No effect The bald eagle prefers to nest in large mature trees within half a mile of coastlines, rivers, or large lakes which provide adequate feeding grounds. There is an approximately 7.5-acre pond immediately to the west of the site. However, based on historical aerial imagery, this pond does not appear to be permanent and therefore, does not likely provide adequate feeding grounds. In addition, no bald eagles or bald eagle nests were observed in the vicinity of the site. Therefore, the project will have no effect on the bald eagle. Northern Long-eared Bat Status: Federally -Listed Threatened with 4(d) Rule Biological Determination: May affect, likely to adversely affect The northern long-eared bat hibernates during the winter in caves or mines During the fall, these bats surround the woodlands where they hibernate and during the summer months, the northern long-eared bat roosts underneath bark or in the cavities and crevices of dead or live trees. They can also roost in caves or mines. The project is not located within '/a -mile of a known hibernation site or within a 150-foot radius of a known, occupied maternity roost during the pup season (June 1 — July 31), and the site is located entirely outside of counties identified by the Raleigh Field Office as containing confirmed hibernation and maternity roost sites. Therefore, the project is considered exempt from incidental take under the final Section 4(d) of the Endangered Species Act [4(d) rule] for this species (effective February 16, 2016). No bats have been identified within the site or its vicinity per the NC Natural Heritage Program or USFWS, and Nash County is not identified as containing a confirmed hibernation and maternity roost site. Because the site does contain suitable habitat in the form of mature trees, the northern long-eared bat has a 'may affect, likely to adversely affect' determination; therefore, incidental take, though unlikely to occur, is permissible. April 6, 2020 Protected Species Habitat Assessment East Nash Solar Farm Spring Hope, Nash County, North Carolina S&ME Project No. 4305-16-126A CONCLUSIONS Based on the readily available information and a review of habitat conditions, Tar River spinymussel, yellow lance, Michaux's sumac, or bad eagle, resulting in a "no effect" determination for these species. Due to the presence of mature trees, the site does contain suitable habitat for the Northern long-eared bat. However, the project is considered exempt from incidental take under the final Section 4(d) of the Endangered Species Act [4(d) rule] for this species (effective February 16, 2016). The northern long-eared bat has a 'may affect, likely to adversely affect' determination; therefore, incidental take, though unlikely to occur, is permissible. If there are questions concerning the evaluation, please contact Ashley Bentz at 919-896-0758, or abentz@smeinc.com. wt�&9�F Ashley Bentz S&ME Staff Scientist Enclosures 1�� 3m" Kristy Smedley S&ME Senior Reviewer Qualifications The field survey was led by Ashley Bentz of S&ME. Ms. Bentz is a biologist and staff scientist with eight years of experience in environmental and natural resources consulting. Ms. Bentz is proficient in conducting wetland delineations, environmental permitting activities, and habitat assessments, including protected species surveys. She holds a B.S. degree in Environmental Studies from Elon University with minors in Biology and Geographic Information Systems and has a Master of Natural Resources degree from North Carolina State University with a focus on ecological restoration. She possesses the knowledge and competence in evaluating impacts of construction projects on wildlife, fish, and flora and their habitats. April 6, 2020 Attachments Attachment I - Additional Figures Attachment II - Photo Log -71 7 Representative view of agricultural field in southern portion of the site. :.. �t 7sr`-'^ 3 Representative view of field edge. Site Observations Proposed East Nash Solar Farm Nash County, North Carolina S&ME Taken by: A. Bentz, W. C Site Observations Proposed East Nash Solar Farm Nash County, North Carolina S&ME Taken by: A. Bentz, W. C x:. r' +, x: 09 Representative view of Sapony Creek. Y 4 11 Representative view of intermittent stream within the site. .Ail vth" 1 0 Representative view of perennial stream wi 6. � c V 12 Representative view of perennial stream wi Site Observations S&ME Pr Proposed East Nash Solar Farm Taken by: A. Bentz, W. C III - Spring Hope, Nash County, North Carolina r' .4 4 3 Representative view of small impoundment located within the drainage way of a wetland -stream complex. Site Observations S&ME Pr Proposed East Nash Solar Farm Taken by: A. Bentz, W. c III - Spring Hope, Nash County, North Carolina Attachment III — NC Natural Heritage Program Report, USFWS IPaC Report ■ ■■■ Roy Cooper. Governor 00 0 NC DEPARTMENT OF Susi Hamilton, Secretary ■■L■■ NATURAL AND CULTURAL RESOURCES E won Walter Clark, Director, Land and Water Stewardship NCNHDE-11786 April 6, 2020 Ashley Bentz S&ME, Inc. 3201 Spring Forest Road Raleigh, NC 27616 RE. East Nash Solar Dear Ashley Bentz. 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: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. 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 rodnev.butlerWncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT 0F NA7VRAL AND CULTURAL RESOURCES Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Ra( East Nash Solar April 6, 2020 NCNHDE-11786 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common NameAp Last Element Accuracy Fed Group servation Occurrence Sta Date a Rank Mammal 24389 Corynorhinus Eastern Big -eared Bat 2006-Pre E 5-Very - rafinesquii macrotis Low No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name =Owner Owner Type in Conservation Reserve Enhancement Program NC Department of Agriculture, Division of State Easement Soil and Water Conservation Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.org/content/helr). Data query generate Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNI Page 2 of 3 NCNHDE-11786: East Nash Solar April 6, 2020 DProject Boundary c DBuffered Project Boundary c Managed Area (MAREA) Page 3 of 3 Sources_ Esri, HEF FAO, NPS, NRCAN METI, Esri China User Community United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2020-SLI-0998 Event Code: 04EN2000-2020-E-02266 Project Name: East Nash Solar Farm April 06, 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 species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 04/06/2020 Event Code: 04EN2000-2020-E-02266 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 04/06/2020 Event Code: 04EN2000-2020-E-02266 Attachment(s): • Official Species List 04/06/2020 Event Code: 04EN2000-2020-E-02266 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 04/06/2020 Event Code: 04EN2000-2020-E-02266 2 Project Summary Consultation Code: 04EN2000-2020-SLI-0998 Event Code: 04EN2000-2020-E-02266 Project Name: East Nash Solar Farm Project Type: POWER GENERATION Project Description: Site of a proposed solar farm. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/35.96461394623397N78.09631329615735W `x •30rn to - Counties: Nash, NC �•'Ii.-: Hr-1:-. iy 04/06/2020 Event Code: 04EN2000-2020-E-02266 3 Endangered Species Act Species There is a total of 6 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. Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened Species profile: https:Hecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Endangered Species profile: https:Hecos.fws.gov/ecp/species/528 04/06/2020 Event Code: 04EN2000-2020-E-02266 4 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened Species profile: https:Hecos.fws.gov/ecp/species/5164 Tar River Spinymussel Elliptio steinstansana No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1392 Endangered Yellow Lance Elliptio lanceolata Threatened There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/4511 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Ashley Steele Bentz From: Mann, Leigh <leigh_mann@fws.gov> on behalf of Raleigh, FW4 <raleigh@fws.gov> Sent: Tuesday, April 7, 2020 10:35 AM To: Ashley Steele Bentz Subject: Re: [EXTERNAL] online project review certification letter - East Nash Solar Farm This message originated outside of S&ME. Please report this as phishing if it implies it is from an S&ME employee. Thank you for submitting your online project package. We will review your package within 30 days of receipt. If you have submitted an online project review request letter, expect our response within 30 days. If you have submitted an online project review certification letter, you will typically not receive a response from us since the certification letter is our official response. However, if we have additional questions or we do not concur with your determinations, we will contact you during the review period. From: Ashley Steele Bentz <abentz@smeinc.com> Sent: Tuesday, April 7, 2020 1:31 PM To: Raleigh, FW4 <raleigh@fws.gov> Subject: [EXTERNAL] online project review certification letter - East Nash Solar Farm Please see attached for the self -certification letter for the East Nash Solar Farm site and contact me with any questions. Thanks, Ashley Ashley Bentz, PWS Project Scientist S&ME 3201 Spring Forest Road Raleigh, NC 27616 map 0:919.954.6285 �k M:919.896.0758 www.smeinc.com au I L r F O R Linkedln I Twitter I Facebook VERSP.TILITV This electronic message is subject to the terms of use set forth at www.smeinc.com/email. If you received this message in error please advise the sender by reply and delete this electronic message and any attachments. Please consider the environment before printing this email.