HomeMy WebLinkAbout20210194 Ver 1_T&E Supplemental info for McCullough Drive ePCN Form_20210420McCullough Drive Streetscape Permit
Supplemental Information
ePCN Form – McCullough Drive Streetscape Permit
The City of Charlotte
G. Supplementary Information
5. Endangered Species and Designated Critical Habitat
STV Engineers, Inc. (STV) conducted protected species habitat assessments of an approximately
35-acre study area on July 24 and August 31, 2015, and September 22, 2017. Prior to the field
reviews, STV reviewed U.S. Fish and Wildlife (USFWS) and North Carolina Natural Heritage
Program (NCNHP) online databases for information related to the occurrence of federal and state
protected (threatened or endangered) species in Gaston County. The USFWS Asheville Field
Office online protected species database, updated July 17, 2020 lists seven federally protected
species as occurring or having the potential to occur in Mecklenburg County (Table 1) including
the bald eagle (Haliaeetus leucocephalus) which is protected under the Bald and Golden Eagle
Protection Act. As of February 18, 2021, the NCNHP lists no occurrences of federally protected
species within one mile of the study area. A brief description of each species, including habitat
requirements and physical characteristics, and biological conclusion rendered based on surveys of
the study area follow. Habitat requirements for each species are based on current available
literature and/or the USFWS.
Table 1. ESA federally protected species listed for Mecklenburg County
Scientific Name Common Name Federal
Status
Habitat
Present
Biological
Conclusion
Bombus affinis Rusty-patched bumblebee E No NE*
Echinacea laevigata Smooth coneflower E Yes NE
Helianthus schweinitzii Schweinitz’s sunflower E Yes NE
Lasmigona decorata Carolina heelsplitter E No NE
Myotis septentrionalis Northern long-eared bat T Yes +
Rhus michauxii Michaux’s sumac E Yes NE
E - Endangered
T - Threatened
NE - No Effect
+ - May Effect – NLEB is exempt due to consistency with 4(d) rule
* - Historic record (the species was last observed in the county more than 50 years ago)
Rusty-patched bumble bee
USFWS Optimal Survey Window: Early June – mid-August
Habitat Description: Rusty-patched bumble bees once occupied grasslands and tallgrass prairies
of the Upper Midwest and Northeast, but most grasslands and prairies have been lost,
degraded, or fragmented by conversion to other uses. Bumble bees need areas that provide
nectar and pollen from flowers, nesting sites (underground and abandoned rodent cavities
or clumps of grasses), and overwintering sites for hibernating queens (undisturbed soil).
Biological conclusion: No Effect
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Potential habitat does not exist within the study area. There are limited areas of grassed
lawns within the study area and they are frequently disturbed. There are historical records
of rusty-patched bumble bee being located in Mecklenburg County, and records of rusty-
patched bumble bee in the Derita, NC USGS topographic quadrangle. The North Carolina
Natural Heritage Program (NCNHP) website was reviewed February 18, 2021 to determine
the locations of the nearest populations of rusty-patched bumble bee. The NCNHP
determined that no populations of rusty-patched bumble bee were present within one mile
of the study area, and no effect to rusty-patched bumble bee is anticipated.
Smooth Coneflower
USFWS Optimal Survey Window: late May – October
Habitat Description: Smooth coneflower, a perennial herb, is typically found in meadows, open
woodlands, the ecotonal regions between meadows and woodlands, cedar barrens, dry
limestone bluffs, clear cuts, and roadside and utility rights-of-way. In North Carolina, the
species normally grows in magnesium- and calcium-rich soils associated with gabbro and
diabase parent material, and typically occurs in Iredell, Misenheimer, and Picture soil
series. The plant grows best where there is abundant sunlight, little competition in the
herbaceous layer, and periodic disturbances (e.g., regular fire regime, well-timed mowing,
careful clearing) that prevents encroachment of shade-producing woody shrubs and trees.
On sites where woody succession is held in check, it is characterized by a number of species
with prairie affinities.
Biological Conclusion: No Effect
Suitable habitat for smooth coneflower is present in the study area within the roadside
rights-of-way. Plant by plant surveys were conducted by STV biologists throughout areas
of suitable habitat on July 24, 2015, August 31, 2015 and September 22, 2017. No
individuals of smooth coneflower were observed and the survey was conducted during the
flowering season. A review of NCNHP records on February 18, 2021, indicates no known
occurrences within one mile of the study area.
Schweinitz’s sunflower
USFWS Optimal Survey Window: late August – October
Habitat Description: Schweinitz's sunflower is endemic to the Piedmont of North and South
Carolina. The few sites where this rhizomatous perennial herb occurs in relatively natural
vegetation are found in Xeric Hardpan Forests. The species is also found along roadside
rights-of-way, maintained power lines and other utility rights-of-way, edges of thickets and
old pastures, clearings and edges of upland oak-pine-hickory woods and Piedmont longleaf
pine forests, and other sunny or semi-sunny habitats where disturbances (e.g., mowing,
clearing, grazing, blow downs, storms, frequent fire) help create open or partially open
areas for sunlight. The plant is intolerant of full shade and excessive competition from other
vegetation. Schweinitz’s sunflower occurs in a variety of soil series, including Badin,
Cecil, Cid, Enon, Gaston, Georgeville, Iredell, Mecklenburg, Misenheimer, Secrest,
Tatum, Uwharrie, and Zion, among others and is generally found growing on shallow
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sandy soils with high gravel content; shallow, poor, clayey hardpans; or shallow rocky
soils, especially those derived from mafic rocks.
Biological Conclusion: No Effect
Suitable habitat for Schweinitz's sunflower is present in the study area along roadside
shoulders. Plant by plant surveys were conducted by STV biologists throughout areas of
suitable habitat on July 24, 2015, August 31, 2015 and September 22, 2017. No individuals
of Schweinitz's sunflower were observed and the survey was conducted during the
flowering season. A review of NCNHP records, updated February 18, 2021 indicates no
known occurrences within one mile of the study area.
Carolina heelsplitter
USFWS Recommended Survey Window: year round
Habitat Description: The Carolina heelsplitter was historically known from several locations
within the Catawba and Pee Dee River systems in North Carolina and the Pee Dee and
Savannah River systems, and possibly the Saluda River system in South Carolina. In North
Carolina, the species is now known only from a handful of streams in the Pee Dee and
Catawba River systems. The species exists in very low abundances, usually within six feet
of shorelines, throughout its known range. The general habitat requirements for the
Carolina heelsplitter are shaded areas in large rivers to small streams, often burrowed into
clay banks between the root systems of trees, or in runs along steep banks with moderate
current. The more recent habitat where the Carolina heelsplitter has been found is in
sections of streams containing bedrock with perpendicular crevices filled with sand and
gravel, and with wide riparian buffers.
Biological Conclusion: No Effect
A mussel survey for the Carolina heelsplitter was not conducted. Suitable habitat for the
Carolina heelsplitter is not present in the study area. A review of NCNHP records, updated
February 18, 2021 indicates no known occurrences within one mile of the study area.
Northern long-eared bat
USFWS Recommended Survey Window: June 1 – August 15
Habitat Description: The northern long-eared bat (NLEB) is a medium-sized bat approximately
three to 3.7 inches in body length with a wingspan of nine to 10 inches. As its name
suggests, this bat species is distinguished from other species in the genus Myotis by its long
ears. The range of the NLEB consists of the eastern and north central portions of the United
States including 37 states. In North Carolina specifically, the NLEB primarily occurs in the
western part of the state in the mountain region. Only scattered occurrences have be en
documented in the piedmont and coastal plain regions of the state. In western North
Carolina, NLEBs spend winter hibernating in caves and mines. During the summer, NLEBs
roost singly or in colonies within trees including underneath the bark, in cavities, or in
crevices. Roosting trees can be both live and dead and are typically ≥ three inches diameter
at breast height in size. Males and non-reproductive females may also roost in cooler places
such as caves and mines. The NLEB has also been observed roosting in man-made
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structures including barns and sheds, under eaves of buildings, behind window shutters, in
bridges, and bat houses. Foraging habitat includes forested hillsides and ridges, the airspace
above waterways, and along woodland edges. Mature forests are generally considered to
an important habitat type for foraging.
Biological Conclusion: May Affect – NLEB is exempt due to consistency with 4(d) rule
The final 4(d) rule for the NLEB went into effect February 16, 2016. Within the range of
the NLEB in North Carolina, any take of the species within a hibernaculum (breeding
grounds) is prohibited including any action that may change the nature of the
hibernaculum’s environment or entrance ways. The 4(d) rule exempts incidental takes of
the species for tree-cutting activities occurring greater than 0.25-mile from a known
hibernaculum or more than 150 feet from a known maternity roost during the pup-rearing
season (June 1 through July 31).
Additionally, the U.S. Army Corps of Engineers (USACE), and the USFWS developed a
Standard Local Operating Procedures for Endangered Species (SLOPES) agreement
concerning potential effects to the federally-threatened NLEB (Myotis septentrionalis).
The SLOPES was signed and became effective on January 30th, 2017. The SLOPES
agreement details how the USACE will make determinations of effect to the NLEB when
the USACE is the lead federal agency for a project, and is applicable to activities regulated
pursuant to Section 404 of the Clean Water Act (CWA) and/or Section 10 of the Rivers
and Harbors Act (RHA) of 1899 in the western 41 counties of North Carolina, to include
North Carolina Department of Transportation (NCDOT) non-federal aid projects. The
SLOPES is also applicable to non-NCDOT projects in the eastern 59 counties of North
Carolina.
Based on review of the USFWS Asheville Field Office’s online database on February 18,
2021, no known NLEB hibernation or maternity sites have been documented within
Mecklenburg County. A review of the NCNHP records accessed on February 18, 2021
revealed no known occurrences of NLEB within the study area or within one mile of the
study area. Field reviews concluded that no caves or mines (potential hibernacula) exist in
the study area. The project may require tree clearing but no pile driving, blasting, or
percussive activities are anticipated. Based on the findings and in conforming to SLOPES
procedures it has been determined that the USACE’s Alternative Local Procedure (ALP)
Situation 1 would be applicable. The biological conclusion for NLEB is May Effect,
however, NLEB is exempt due to consistency with the 4(d) rule.
Michaux’s sumac
USFWS Optimal Survey Window: May – October
Habitat Description: Michaux’s sumac, endemic to the inner Coastal Plain and lower Piedmont,
grows in sandy or rocky, open, upland woods on acidic or circumneutral, well-drained
sands or sandy loam soils with low cation exchange capacities. The species is also found
on sandy or submesic loamy swales and depressions in the fall line Sandhills region as well
as in openings along the rim of Carolina bays; maintained railroad, roadside, power line,
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and utility rights-ofway; areas where forest canopies have been opened up by blowdowns
and/or storm damage; small wildlife food plots; abandoned building sites; under sparse to
moderately dense pine or pine/hardwood canopies; and in and along edges of other
artificially maintained clearings undergoing natural succession. In the central Piedmont, it
occurs on clayey soils derived from mafic rocks. The plant is shade intolerant and,
therefore, grows best where disturbance (e.g., mowing, clearing, grazing, periodic fire)
maintains its open habitat.
Biological Conclusion: No Effect
Suitable habitat for Michaux’s sumac is present in the study area along roadside shoulders.
Plant by plant surveys were conducted by STV biologists throughout areas of suitable
habitat on July 24, 2015, August 31, 2015 and September 22, 2017. No individuals of
Michaux’s sumac were observed and the field review was conducted during the survey
window. A review of NCNHP records updated February 18, 2021 indicates no known
occurrences within one mile of the study area.
Bald and Golden Eagle Protection Act
The bald eagle is protected under the Bald and Golden Eagle Protection Act, and enforced by the
USFWS. Habitat for the bald eagle primarily consists of mature forests in proximity to large
bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically
within 1.0 mile of open water.
A desktop-GIS assessment of the study area, as well as the area within a 1.0-mile radius of the
project limits, was performed on February 18, 2021 using 2019 Mecklenburg County color aerials
obtained from NC OneMap. No water bodies large enough or sufficiently open to be considered
potential feeding sources were identified. Since there was no foraging habitat within the review
area, a survey of the study area and the area within 660 feet of the project limits was not conducted.
Additionally, a review of the NHP database in February 18, 2021 revealed no known occurrences
of this species within 1.0 mile of the study area. Due to the lack of habitat, known occurrences,
and minimal impact anticipated for this project, it has been determined that this project will not
affect this species.