20221725 Ver 1_Attachment F - PETS Report_20221205

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
October 27, 2022
Rama Yada
Cedarmill Townhomes, LLC
8021 Wicklow Hall Dr
Matthews, NC 28104
Subject: Protected SpeciesAssessment Report
Cedar Mill Townhomes
Charlotte, North Carolina
CWS Project No. 2022-0132
Dear Rama Yada,
Cedarmill Townhomes, LLC., has contracted Carolina Wetland Services, Inc. (CWS) to provide
a protected species habitat assessment for the Cedar Mill Townhomes project. The Cedar Mill
Townhomes project is approximately 9 acres in extent and is located north of the Rhyne Road
and Mt. Holly Rd intersection in Mecklenburg County, North Carolina (Figure 1, attached).
Methods
In -office Desktop Review
To determine which protected species are listed as occurring or potentially occurring within the
project vicinity and prior to conducting the on -site field investigation, CWS consulted the United
States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of
Concern by County for North Carolina online database for Mecklenburg County'. In addition,
CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP)
Data Explorer and Information for Planning and Consultation (IPAC) database' on October 19,
2022 to determine if any record occurrences of federally -listed, candidate endangered,
threatened species, or critical habitat are located within the project limits.
Typical habitat requirements for listed species was discerned from multiple USFWS' and
NCNHP' online resources including, but not limited to, specific USFWS species profiles,
recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of
North Carolina, and List of the Rare Plant Species of North Carolina. United States Department
of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of
United States Fish and Wildlife Service, Raleigh Field Office. Accessed October 19, 2022. Endangered and Threatened Species
and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html
2 North Carolina Natural Heritage Data Explorer. Accessed October 19, 2022. https://ncnhde.natureserve.org/
3 Information for Planning and Consultation (IPAC). https://ecos.fws.gov/ipac/
° U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant
Species. https://www.fws.gov/southeast/pdf/fact-sheet/north-carolina-optimal-survey-windows-for-at-risk-and-listed-plants.pdf
Accessed October 19, 2022.
e Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural
Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylist/nc_counties.html
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET
Page 1 of 6

Cedar Mill Townhomes
Protected Species Assessment Report
October 27, 2022
CWS Project No. 2022-0132
Mecklenburg County' and aerial imagery were also reviewed for potential habitat of listed
species within the project vicinity (Figures 2 and 3).
Field Survey
CWS scientists Megan Bollero, WPIT' and June Blankenship, Natural Resource Technician,
conducted a pedestrian habitat assessment of the project area on October 18 and 24, 2022.
Potential habitats for potentially occurring federally -protected species that were identified during
the desktop review were assessed in the field for the quality of physical and/or biological
features essential to the conservation of the applicable species. Additionally, during the
pedestrian habitat assessment, areas were reviewed for applicable federally protected species.
Identification references for natural communities include the National Land Cover Database
(2011)8.
An intensive targeted survey for Schweinitz's sunflower was conducted on October 18 and 24,
2022.
Results
Based on the NCNHP data explorer review, there is one occurrence of Schweinitz's sunflower
(last observance date 2013) within a one -mile radius of the project limits (Attachment A). The
USFWS lists seven federally protected species for Mecklenburg County (Table 1). An official
species list has not been obtained from the USFWS Asheville Field Office.
Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the
Cedar Mill Townhomes, Mecklenburg County, NC.
Major Group
Scientific Name
Common Name
Federal Status*
Record Status
Helianthus
Schweinitz's
Plant
E
Current
schweinitzii
sunflower
Echinacea
Plant
Smooth coneflower
E
Current
laevigata
Plant
Rhus michauxii
Michaux's sumac
E
Current
Perimyotis
Animal
Tricolored bat
PE
Proposed
subfla vus
Haliaeetus
Animal
Bald eagle
BGPA
Current
leucocephalus
* E - Endangered, PE - Proposed Endangered, BGPA - Bald and Golden Eagle Protection Act
Five terrestrial community types were identified within the project area during the field survey.
These community types consist of deciduous forest, mixed forest, herbaceous areas, sewer and
powerline right-of-ways. (Figure 3). Of the identified on -site community types, the forested
areas, herbaceous areas, and sewer and powerline right-of-ways, are considered potential
habitat for federally threatened or endangered species that could potentially occur within the
6 United States Department of Agriculture, 2021. Web Soil Survey of Mecklenburg County, North Carolina. Accessed
October 19, 2022. Source: https://websoilsurvey.nres.usda.gov/app/Home Page. htm
Wetland Professional in Training, The Society of Wetland Scientists Professional Certification
8 MLRC. National Land Cover Database, 2011. https://www.mrlc.gov/nlcd11_leg.php
Page 2 of 6

Cedar Mill Townhomes
Protected Species Assessment Report
October 27, 2022
CWS Project No. 2022-0132
project limits. A brief description of each species habitat requirements and determination of
effect findings are listed below by species.
Schweinitz's sunflower (Helianthus schweinitzii)
Habitat Description:
Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They
can reach heights of five feet. Populations are limited to the piedmont of North and
South Carolina. It has been listed as an Endangered species under the ESA since
1991.9 The typical habitat for this plant includes roadsides, old pastures, transmission
line right-of-ways, open areas, either natural or human -maintained habitats, or edges of
upland woods. Major characteristics of soils associated with suitable Schweinitz's
sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes,
soils that are clay like in both composition and texture (and often with substantial rock
fragments), soils that have a high shrinkage swell capacity, and those which vary over
the course of the year from very wet to very dry.
Biological Analysis:
A desktop review of the site was conducted on October 19, 2022, and determined that
the soil series that have known Schweinitz's sunflower populations cover the majority of
the project limits. A portion of the site is infrequently maintained open herbaceous areas
and a sewer line right-of-way which is considered marginal habitat for Schweinitz's
sunflower (Photographs 1 and 2). The forested areas within the project limits do not
provide adequate sunlight to support Schweinitz's sunflower (Photographs 3 and 4).
Additionally, CWS visited a reference population on October 11, 2022. Based on the
reference population, the plant was approximately six feet tall and the plant parts were
readily identifiable (Photograph 5). No individuals of Schwenitz's sunflower were
observed during the targeted survey. Since no individuals of Schweinitz's sunflower
were observed within the project limits while above -ground plant parts were
identifiable, but suitable habitat is present, CWS concludes that the project may
affect, but is not likely to adversely affect Schwenitz's sunflower.
Smooth coneflower (Echinacea laevi, a�ta)
Habitat Description:
Smooth coneflower is a tall, perennial herbaceous plant found in areas with abundant
sunlight where competition in the herbaceous layer is minimal. It has been federally
listed as Endangered under the ESA since 1992.10 Typical habitat for this plant includes
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. It grows best where there is abundant sunlight, little
competition in the herbaceous layer, and periodic disturbances (e.g., regular fire regime,
9 United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii
(Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/frl852.pdf.
10 United States Fish and Wildlife Services. 1992. Endangered and Threatened Wildlife and Plants; Echinacea laevigata (Smooth
Coneflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/fr2l4O.pdf.
Page 3 of 6

Cedar Mill Townhomes
Protected Species Assessment Report
October 27, 2022
CWS Project No. 2022-0132
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 Analysis:
The forested areas within the project limits do not provide the abundant sunlight the
smooth coneflower requires. In addition, Iredell, Misenheimer and Picture soil series
commonly associated with the smooth coneflower are not found within the project limits.
" Since no individuals of smooth coneflower were observed within the project
limits during the optimal survey window (late May -October), and no habitat is
present, CWS concludes that the project will have no effect on smooth coneflower.
Michaux's sumac (Rhus michauxii)
Habitat Description:
Michaux's sumac is a rhizomatous shrub. It is densely hairy with compound leaves
exhibiting evenly -serrated leaflets. Flowers are small, greenish to white, in terminal
clusters. Fruits are red drupes produced from August to October. It has been listed as
an Endangered species under the Endangered Species Act (ESA) since 1989.12 It is
found on the coastal plains of Virginia to Florida, with most populations occurring in
North Carolina. It prefers sandy or rocky open woods with basic soils, as well as,
highway right-of-ways, roadsides, or edges of artificially -maintained clearings.
Biological Analysis:
Disturbed open areas conducive to early -successional species are not present in the
project area. The on -site soil series are slightly acidic which is not suitable habitat for
Michaux's sumac. Additionally, there are no current records of this species within
Mecklenburg County13. Since no individuals of Michaux's sumac were observed
within the project limits during the optimal survey window (May -October), CWS
concludes that the project may affect, but is not likely to adversely affect
Schwenitz's sunflower.
Tricolored bat (Perimyotis subflavus)
On September 14, 2022, the U.S. Fish and Wildlife Service (Service) published a proposal in
the Federal Register to list the tricolored bat (Perimyotis subflavus) as endangered under the
Act.14 The Service has up to 12-months from the date the proposal published to make a final
determination, either to list the tricolored bat under the Act or to withdraw the proposal. The
Service determined the bat faces extinction primarily due to the range -wide impacts of
white -nose syndrome (WNS), a deadly fungal disease affecting cave -dwelling bats across North
America. Because tricolored bat populations have been greatly reduced due to WNS, surviving
bat populations are now more vulnerable to other stressors such as human disturbance and
habitat loss. Species proposed for listing are not afforded protection under the Act; however, as
United States Department of Agriculture, 2021. Web Soil Survey of Mecklenburg County, North Carolina. Accessed 10/09/2022
Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
12 United States Fish and Wildlife Services. 1989. Endangered and Threatened Wildlife and Plants; Determination of Endangered
Status for Rhus michauxii (Michaux's sumac). http://ecos.fws.gov/docs/federal_register/frl601.pdf.
13 USFWS Michaux's Sumac Recovery Plan; https:Hecos.fws.gov/docs/recovery_plan/930430.pdf
14 https://www.govinfo.gov/content/pkg/FR-2022-09-14/pdf/2022-18852.pdf#page=13
Page 4 of 6

Cedar Mill Townhomes
Protected Species Assessment Report
October 27, 2022
CWS Project No. 2022-0132
soon as a listing becomes effective (typically 30 days after publication of the final rule in the
Federal Register), the prohibitions against jeopardizing its continued existence and "take" will
apply. Therefore, if a future or existing project may affect tricolored bats after the potential new
listing goes into effect, USFWS recommends analyzing possible effects of the project on
tricolored bats and their habitat to determine whether consultation under section 7 of the Act is
necessary. Conferencing procedures can be followed prior to listing to ensure the project does
not jeopardize the existence of a species or adversely modify critical habitat. Projects with an
existing section 7 biological opinion may require reinitiation of consultation to provide
uninterrupted authorization for covered activities.
Bald eagle (,Haliaeetus leucocephalus�
The Bald and Golden Eagle Protection Act,15 enacted in 1940, prohibits anyone without a permit
issued, from "taking" bald eagles, including their parts, nests, or eggs. Habitat for the bald eagle
includes cliffs and forested areas typically within 1.0 mile of estuaries, large lakes, reservoirs,
rivers, seacoast, and as they become more abundant, stands of undisturbed forest.
A desktop-GIS assessment of the project study area, as well as, the area within a 1 mile radius
of the project limits, was performed on October 19, 2022, using 2021 color aerials. There are
no water bodies located within 1 mile of the Cedar Mill Townhomes project that are potentially
large enough or sufficiently open to be considered a potential feeding source. Additionally, no
bald eagles or bald eagle nests were observed within the study area at the time of the site visit.
Due to the lack of optimal habitat within the project limits and lack of observations, CWS
concludes that this project will have no effect on this species.
Summary
Based on the literature search and the results of the on -site assessment for suitable habitat of
federally -protected endangered, and threatened species, suitable habitat was not observed
within the project limits for smooth coneflower, Michaux's sumac, or bald eagle. CWS has
concluded that activities within the project area will not directly or indirectly jeopardize the
continued existence of smooth coneflower, or bald eagle.
Marginal habitat for Schweinitz's sunflower and Michaux's sumac was observed within the
project limits. These areas were scrutinized during the optimal flowering window and no
Schweinitz's sunflowers were observed. CWS concludes that the project may affect, but is not
likely to adversely affect Schwenitz's sunflower.
While section 7 of the Endangered Species Act review is not required now for the tricolored bat,
it would be required after a final effective date of listing if one occurs.
Biological determinations requirements for federally protected species are summarized in Table
2.
15 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html
Page 5 of 6

Cedar Mill Townhomes
Protected Species Assessment Report
October 27, 2022
CWS Project No. 2022-0132
Table 2. Biological Determination Requirements Summary Table for Federally Protected Species
Scientific Name
Common Name
Federal Status*
Effect on Listed
Species
Helianthus schweinitzii
Schweinitz's sunflower
E
MANLAA**
Echinacea laevigata
Smooth coneflower
E
No Effect
Rhus michauxii
Michaux's sumac
E
MANLAA**
Perimyotis subflavus
Tricolored bat
PE
TBD***
Haliaeetus leucocephalus
Bald eagle
BGPA
No Effect
* E - Endangered, PE - Proposed Endangered, BGPA - Bald and Golden Eagle Protection Act
** MANLAA - May affect, not likely to adversely affect
*** Consultation with USFWS may be required if species is listed
A biological assessment was not conducted for this project. All biological determinations of
effect represent the best professional opinion of CWS and are not official determinations of
effect. It is the responsibility of the lead federal agency to render an official determination of
effect.
Thank you for the opportunity to provide these services on this important project. Please do not
hesitate to contact Megan Bollero at 757-576-6433 or [e-mail] should you have any
questions or comments regarding this report.
Sincerely,
1 QJC�, R&_17ZO
Megan Bollero, WPIT
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager
Attachments: Figure 1: USGS Topographic Map
Figure 2: USDA-NRCS Web Soil Map of Mecklenburg County
Figure 3: Aerial Map
Attachment A: NCNHP Data Review Report
Attachment B: Representative Photographs (1-5)
Page 6 of 6

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CWS PROJECT NO: DRAWN BY:
2022-0132 ALH Cedar Mill Townhomes
COORDINATES: CHECKED BY: CAR ❑ L I N A Mecklenburg County
35.2941,-80.968591 AVH WETLAND SERVICES Charlotte, North Carolina
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CWS PROJECT NO: DRAWN BY: of Mecklenburg County
2022-0132 ALH Cedar Mill Townhomes
COORDINATES: CHECKED BY: CAR ❑ L I N A Mecklenburg County 2
35.2941,-80.968591 AVH WETLAND SERVICES Charlotte, North Carolina
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CWS PROJECT NO: DRAWN BY:
2022-0132 ALH Cedar Mill Townhomes
COORDINATES: CHECKED BY: CAR ❑ L I N A Mecklenburg County 3
35.2941,-80.968591 AVH WETLAND SERVICES Charlotte, North Carolina
G:\Shared drives\Consulting Team Dwe\2022\2022 Consulting Projects\2022-0132 Cedar Mill Town homes\PETS\ArcGIS\Figure3—Aerial.mxd

Cedar Mill Townhomes
Attachments
October 27, 2022
CWS Project No. 2022-0132
ATTAC H M E N T A:
NCNHP Data Review Report

Ray Cooper, Governor
o_ Reid Wilson, Secretary
nun■ NC DEPARTMENT OF
■■"mill NATURAL AND CULTURAL RESOURCES
■ ■ E
October 19, 2022
Amie Hoy
Carolina Wetland Services
550 East Westinghouse Blvd
Charlotte, NC 28273
RE: Cedar Mill Townhomes; 2022-0132
Dear Amie Hoy:
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-19699
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:
httls:://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, Land and Water 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.butler(c�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7MEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. PALEIGH. NC 77603 • 1651 MAIL SERVICE CENTER. RALEIGH. INC 276"
S) OFC 919.707.9120 • FAx [phone]

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Cedar Mill Townhomes
Attachments
October 27, 2022
CWS Project No. 2022-0132
ATTACHMENT B:
Photopage (Photographs 1-5)

Cedar Mill Townhomes
Attachment B: Photopage
October 27, 2022
CWS Project No. 2022-0132
Photograph 1. View of marginal habitat for Schweinitz's sunflower, facing southwest.
Photograph 2. View of marginal habitat for Schweinitz's sunflower, facing northeast.
Photopage 1 of 3

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Cedar Mill Townhomes
Attachment B: Photopage
October 27, 2022
CWS Project No. 2022-0132
Photograph 5. Photo of Schweinitz's Sunflower Reference Population 10.11.2022
Photopage 3 of 3