20201819 Ver 1_RE_ _EXTERNAL_ NLEB and Consulting on other species Situation 2_20210524

Carpenter,Kristi
From:Euliss, Amy
Sent:Monday, May 24, 2021 11:00 AM
To:Williams, Andrew E CIV USARMY CESAW (USA)
Cc:Wanucha, Dave; Carpenter,Kristi; Dagenhart, Daniel R; Lee, Christopher
Subject:RE: \[EXTERNAL\] NLEB and Consulting on other species Situation 2, Davidson County
(Action ID SAW-2019-01113)
Follow Up Flag:Follow up
Flag Status:Flagged
Please withdraw the permit application for Bridge 230 in Davidson County (WBS no. 17BP.9.R.79. We will reapply after
the sunflower survey is complete.

Dave, Kristi,

Let me know if you need anything on your end. The plan is to reapply in August 2021.

Amy

From: Williams, Andrew E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, May 24, 2021 10:51 AM
To: Euliss, Amy <[e-mail]>
Subject: RE: \[EXTERNAL\] NLEB and Consulting on other species Situation 2, Davidson County (Action ID SAW-2019-
01113)

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.

Amy,

If you don’t mind, I think we may just want to withdraw the application. The survey window for Schweinitz’s doesn’t
start until late August, so that is 3 months out.

You can just withdraw the application (USACE) by response to this email. Then, once you have the information, just re-
submit all the same information, in addition to the survey info.

Maybe by then, we will have some of this worked out.

Thanks, Amy.

Andrew Williams
Regulatory Project Manager
Regulatory Division Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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Office Tel: [phone], x26

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
https://regulatory.ops.usace.army.mil/customer-service-survey/
to complete the survey online.

From: Euliss, Amy <[e-mail]>
Sent: Monday, May 24, 2021 10:23 AM
To: Williams, Andrew E CIV USARMY CESAW (USA) <[e-mail]>
Cc: Matthews, Monte K CIV USARMY CESAW (USA) <[e-mail]>; Youngman, Holland J
<[e-mail]>; Dagenhart, Daniel R <[e-mail]>
Subject: \[Non-DoD Source\] RE: \[EXTERNAL\] NLEB and Consulting on other species Situation 2, Davidson County (Action
ID SAW-2019-01113)

Thanks Andy. Luckily we have some time before let on this one. Would you like me to plan to reapply after the survey
window or would you prefer to hold the application open as incomplete?

Amy

From: Williams, Andrew E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, May 24, 2021 9:01 AM
To: Euliss, Amy <[e-mail]>
Cc: Matthews, Monte K CIV USARMY CESAW (USA) <[e-mail]>; Williams, Andrew E CIV
USARMY CESAW (USA) <[e-mail]>; Youngman, Holland J <[e-mail]>
Subject: FW: \[EXTERNAL\] NLEB and Consulting on other species Situation 2, Davidson County (Action ID SAW-2019-
01113)

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.

Amy,

This morning we received the attached USFWS response from our May 4, 2021 Situation 2 email (also attached),
for SAW-2019-01113 (NCDOT Bridge 230 SR 2250 Davidson County). In our email, we requested that USFWS concur
with a “May Affect, Not Likely to Adversely Affect” (MANLAA) determination for Schweinitz’s Sunflower (Helianthus
schweinitziii). Additionally, we provided a description of the project, information regarding NCDOT’s 2017 survey
information (for Schweinitz’s Sunflower (Helianthus schweinitziii) and NCDOT’s stated commitment to resurvey in the
fall of 2021.

As indicated in the attached letter, USFWS did not concur with the MANLAA request. As such, we suggest that you
provide updated Schweinitz’s Sunflower (Helianthus schweinitziii) survey information, or any additional information
regarding the species/habitat for the proposed project location, that would be useful for informal consultation. Once
we receive survey results or any new information, we will re-initiate informal consultation for this project. Otherwise,
we would need to convey that the action is “Likely to Adversely Affect” and begin formal consultation with USFWS.

As you know, the 2017 Nationwide permit condition number 18 (Endangered Species) states, in part, no activity is
authorized under any NWP which ‘‘may affect’’ a listed species or critical habitat, unless ESA section 7 consultation
addressing the effects of the proposed activity has been completed.

Please contact me if you have any questions or concerns.
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Andrew Williams
Regulatory Project Manager
Regulatory Division Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Office Tel: [phone], x26

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
https://regulatory.ops.usace.army.mil/customer-service-survey/
to complete the survey online.

From: Youngman, Holland J <[e-mail]>
Sent: Monday, May 24, 2021 7:31 AM
To: Williams, Andrew E CIV USARMY CESAW (USA) <[e-mail]>
Subject: \[Non-DoD Source\] Re: \[EXTERNAL\] NLEB and Consulting on other species Situation 2, Davidson County (Action
ID SAW-2019-01113)

Good morning, Andy -

A response letter to your request is attached. Due to the invalid (over two years old) Schweinitz's sunflower survey
results and presence of suitable habitat, concurrence was not provided for the NLAA determination. Once NCDOT
completes the 2021 survey to which they've committed, and depending on the findings, that can be reevaluated. Feel
free to give me a call if you have any questions or would like to discuss.
Thank you!

Holland Youngman
Wildlife Biologist
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina, 28801
Office: 828-258-3939 x42235
Cell: 828-575-3920

From: Williams, Andrew E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, May 4, 2021 2:43 PM
To: Youngman, Holland J <[e-mail]>
3

Cc: Williams, Andrew E CIV USARMY CESAW (USA) <[e-mail]>
Subject: \[EXTERNAL\] NLEB and Consulting on other species Situation 2, Davidson County (Action ID SAW-2019-01113)

This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.

Holland,

This email serves as the USACE (1) notification for the NLEB, and (2) consultation request for other species (Situation 2),
Action ID SAW-2019-01113.

1) Detailed project description (note percussive activities if applicable): This state funded project involves the permanent
and temporary discharge of clean fill material associated with an existing bridge replacement project. Temporary and
permanent impact at the site location are as follows:
Site 1: Wetland WF (Station 12+80 - 13+15) 0.010 acre of permanent excavation and mechanized land clearing impacts
associated with a water line relocation.
Site 2 (S3): Pounder Fork Creek (Station 13+93 - 14+33) 8 linear feet of temporary impacts associated with a water line
relocation.
Site 3: Wetland WC (Station 14+74 - 15+27) 0.010 acre of temporary hand land clearing impacts associated with an
overhead power line relocation.
Site 4 (S1): Stream SA (Station 14+36 - 17+50) 300 linear feet of permanent impacts associated with a channel
relocation.
Site 5 (S2): Pounder Fork Creek (Station 14+13) 84 linear feet of permanent impacts (both sides of tributary) associated
with rip rap bank stabilization.
Site 6: Wetland WE (Station 11+88 - 12+43) 0.010 acre of temporary hand land clearing impacts associated with an
overhead power line relocation.

2) Project latitude and longitude in decimal degrees: 35.76024, -80.224233
The site is located along SR 2250 (Becks Church Road) over Pounder Fork Creek at NCDOT Bridge #230 in Davidson
County, North Carolina. The site is approximately 1900 feet southwest of the Becks Church Road, Briggstown Road
intersection. NCDOT has identified the project as 17BP.9.R.79.

3) Estimate of tree clearing in the USACE action area in either acreage or number of trees cleared: 0.1 (approximately)

Coordination and consultation concerning: Northern long-eared bat (NLEB) (Myotis septentrionalis), Schweinitz’s
Sunflower (Helianthus schweinitzii)

For the NLEB - this project qualifies for Situation 2 – i.e., the action area is located outside of a red HUC and is not with
0.25 mile of a red HUC. Any percussive activities would not affect any part of a red HUC.

USACE Rationale and Determination: The USACE conducted a GIS review of the project and surrounding areas and also
reviewed the most current maps of confirmed/known hibernation and maternity (tree) sites for the NLEB at
http://www.fws.gov/raleigh/NLEB_RFO.html and via ArcView GIS and has determined that the action area for this
project is located outside of the highlighted areas/red 12-digit HUCs and activities in the action area do not require
prohibited incidental take; as such, this project meets the criteria for the 4(d) rule and any associated take is
exempted/excepted.

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U.S. Fish and Wildlife Service (Service) Concurrence for the NLEB: This notice is being sent to the Service in accordance
with the surrogate consultation procedure/SLOPES that was established between the Service’s Asheville and Raleigh
Ecological Offices and the USACE, Wilmington District, for the NLEB. This project does not require prohibited intentional
take of the NLEB and meets the criteria for the 4(d) rule; therefore any associated take is exempt and it is not necessary
for the USACE to wait 30 days for the Service to object or concur.

USACE is requesting concurrence of a MAY AFFECT, BUT NOT LIKELY TO ADVERSELY AFFECT determination for: the
following other species and/or critical habitat under consultation-- Schweinitz’s Sunflower (Helianthus
schweinitzii). This request is based on the following reasons:

1. Limited area of disturbance
2. NCDOT submitted information with the PCN, indicating Suitable habitat (e.g., dry, clayey, early successional roadsides
and utility rights-of- way \[ROW\]) for Schweinitz’s sunflower is present within the study area. The area was initially
assessed by NCDOT Division 9 staff on October 10, 2017; no individuals were identified during the survey. During the
April 15, 2019 site visit by Three Oaks, suitable habitat was again confirmed, but no surveys were done since it was
outside the species’ optimal survey window and the previous survey has not yet expired. Additionally, a review of the
July 2019 NCNHP dataset indicates no known Schweinitz’s sunflower occurrences within 1.0 mile of the
study area.
3. USACE confirmed NCNHP database indicating no occurrences within the vicinity of the study area (see attached map)
4. NCDOT stated commitment to resurvey in the fall of 2021 (see attached email).

Also, based on the information presented in the PCN and from our GIS database, the USACE is not aware of any other
issues concerning listed species and/or critical habitat and has determined that the project would have no effect on any
other species and/or critical habitat. Please let us know if you have information to the contrary and/or if you need
additional information.

Andrew Williams
Regulatory Project Manager
Regulatory Division Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Office Tel: [phone], x26

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
https://regulatory.ops.usace.army.mil/customer-service-survey/
to complete the survey online.

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
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