HomeMy WebLinkAbout20221406 Ver 1_Malmo Loop_RCW SLOPES App B_20221209RCW SLOPES Manual — North Carolina
March 2022
MALMO LOOP TRACT
Appendix B — Red -cockaded Woodpecker Effects Determination Key
ORM2 No.: Date
USFWS Reference No. (if applicable):
:Ile:
US Army Corps
of Engineers.
1) Is the action areal located within the RCW consultation area (see Appendix A and project -specific
results from a project -specific IPaC or internal USACE GIS review)?
a) Yes go to 2
b) No No effectz
2) Is the action areal located in the northeastern coastal plain (see Appendix A)?
a) Yes go to 3
b) No (the project is located in piedmont, sandhills, or southeastern coastal plain) go to 4
3) Is the action areal located in a forested area with pine trees present in northeast North Carolina (e.g.,
high pocosin, Atlantic white cedar, nonriverine swamp forests, pond pine woodland, coastal fringe
evergreen forest, wet successional pine/pine-hardwood forest, or pine plantation or uplands)? If yes,
are the pine trees greater than 30 years of age (if stand age is not readily determined, refer to Table
1 for a description of the minimum dbh of 30-year-old pines associated with each community type).
If the answer to both of these questions is yes, choose Yes below. If the answer to one or both
questions is no, then choose No below.
a) Yes go to 8
b) No No effectz
4) Is the action areal located within suitable RCW foraging or nesting habitat (pine or pine/hardwood
stands in which 50% or more of the dominant trees are pines and the dominant pine trees are 30
years of age or older or >_8-inches dbh5)?
a) Yes go to 5
b) No No effectz
DRG performed a T&E assessment of the entire site in 2021. The tract has been managed for silvicultural
production for many years. Some larger pines exist along stream drains, but vegetation is dense in these
areas. Other areas (including Phase 1) were recently timbered or support young pines. Therefore, the
site does not appear to provide suitable habitat for the RCW.
5) Will any activity in the action areal remove trees equal to or greater than 8 inches dbh; or will any
activity occur within 200 feet of known RCW cavity trees? If unable to determine the location of a
cavity tree with confidence, contact the USFWS Raleigh Ecological Services Field Office.
a) Yes (to one or both) go to 6
b) No NLAA3
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RCW SLOPES Manual — North Carolina
March 2022
6) Is the action areal located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or
pine/hardwood stands that contain pines 60 years in age or older or >_10 inches dbh; in the
southeastern coastal plain: pine or pine/hardwood stands that contain pines >_8 inches dbh, including
but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)?
a) Yes go to 9
b) No go to 7
7) Does suitable nesting habitat occur within 0.5 miles of suitable foraging habitat that would be
impacted by any activity in the action areal?
a) Yes go to 9
b) No NLAA3
8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action areal.
Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in
the action areal, or is the action areal within 200 feet of a cavity tree? If the answer to either of these
questions is yes, choose Yes below. If unable to determine the location of a cavity tree with
confidence, then contact the USFWS Raleigh Field Office.
a) Yes go to 9
b) No NLAA3
9) Contact the appropriate USACE representative for a pre -application meeting to determine if a survey
is necessary (for a list of USACE representatives please see the contact list at http://saw-
reg.usace.army.mil/FO/PMList.pdf). Note that project -specific information, such as a delineation of
waters of the U.S., project plans, and details concerning certain activities on disturbances that would
occur in the action areal (e.g. percussive activities, forest management, or similar disturbances), may
be needed for the USACE to determine the action area(s)1 of the project. If a survey is required and
agreed to by the applicant, all suitable RCW nesting habitat within 0.5 miles of the action areal should
be surveyed according to USFWS protocol for the presence of RCW cavity trees4. If the applicant is
unwilling or unable to conduct the survey, standard consultation with the USFWS should begin. Such
surveys are conducted by running line transects through stands and visually inspecting all medium-
sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all
trees are inspected and are run north -south.
Was a survey performed?
a) Yes, a survey was performed, and RCW cavity trees were observed go to 10
b) Yes, the survey was submitted to the USFWS for concurrence, and the USFWS concurred with the
results (no RCW cavity trees were observed) NLAA3
c) No, the USACE determined that a survey was not required and the USFWS
concurred NLAA3
d) No, a survey was not performed Consultation required'
10) Does the project involve activities or disturbances in the action areal (e.g., percussive activities, forest
management, or similar disturbances) within the 200-foot cavity tree buffer, and/or cause removal or
damage to RCW cavity trees (e.g., via root compaction, soil compaction)? If yes to either or both then
consultation is required.
a) Yes Consultation required'
b) No go to 11
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RCW SLOPES Manual — North Carolina
March 2022
11) Has a foraging habitat analysis (FHA)6 been conducted to determine whether enough foraging habitat
would remain for each RCW group post -project? For information on how to conduct an FHA6, refer to
the "Procedures for Determining Foraging Habitat Availability" and the Private Land Guidelines.'
a) Yes, the FHA6 has been submitted to the USFWS for concurrence' and the USFWS concurred that
adequate amounts of foraging habitat would remain post -project NLAA3
b) Yes, and review of the FHA6 by the USACE along with concurrence from USFWS determined
inadequate amounts of foraging habitat would remain post -project Consultation required'
c) No, an FHA6 has not been conducted Consultation required'
'Action Area means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved
in the action. Please contact the appropriate USACE representative for any questions as to the action area for the Federal action.
For a list of USACE representatives, please see the contact list at: http://saw-reg.usace.army.mil/FO/PMList.pdf.
2No effect — The proposed project would result in no effect to this species and/or its federally designated critical habitat (if
applicable). Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is not necessary for the
project as described.
3NLAA — The proposed project may affect but is not likely to adversely affect this species and/or its designated critical habitat (if
applicable). NLAA determinations for projects made pursuant to this key require no further consultation with the USFWS Raleigh
and Asheville Ecological Services field offices, therefore, consultation is considered complete for this species. For General Permits,
submittal of a Pre -Construction Notification to the USACE will be required for all NLAA determinations.
4Follow link to USFWS RCW Recovery Plan, Appendix 4 for additional information on nesting and foraging habitats, and survey
protocol (https://www.fws.gov/rcwrecovery/files/RecoveryPlan/survey_protocol.pdf)
SConsultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the
contact list at http://saw-reg.usace.army.mil/FO/PMList.pdf. Further consultation with the USFWS Raleigh and Asheville
Ecological Services field offices is necessary to discern if the activity would result in a "no effect," "not likely to adversely affect,"
or "likely to adversely affect" determination.
6Follow links for additional information on conducting FHA (https://www.fws.gov/rcwrecovery/matrix.html) and for
determining foraging habitat availability (https://www.fws.gov/ncsandhills/files/fha data collection procedures.pdf).
'Follow link for additional information regarding determination for adequate amount of foraging habitat
(https://www.fws.gov/rcwrecovery/files/RecoveryPlan/private lands guidelines.pdf).
8 FHA — When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence.
Additional Information
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