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HomeMy WebLinkAbout20221496 Ver 2_Appendix C - Endangered & Threatened Species Report (Apex Gateway)_20230324Appendix C — Federal Endangered, Threatened, and Candidate Species Report of Findings USFWS Concurrence Letter AMASEnvironmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte Federal Endangered, Threatened, and Candidate Species Project Report of Findings and Review Request Proiect Name: Project Real Proiect Location: 106 NC Highway 751 Apex, North Carolina 27523 Lat: 35.7427481 / Long: -78.9506621 Review Area: N 141.53 Acres Prepared For. - Beacon Partners Attn: Ms. Maggie Houston 500 East Morehead Streat, Suite 200 Charlotte, North Carolina 28202 Prepared By.- _ I W RONMEENTAL 338 S. Sharon Amity Road, # 411 Charlotte, North Carolina 28211 ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) 8 June 2022 www.atlasenvi.com / Offices in Asheville and Charlotte 1 Table of Contents 1 Introduction.................................................................................................................... 3 1.1 Site Location and Description..................................................................................... 3 1.2 Project Purpose........................................................................................................ 3 1.3 Endangered Species Act............................................................................................ 3 2 Methods......................................................................................................................... 4 2.1 Action Area............................................................................................................... 4 2.2 Information, Planning and Conservation System.......................................................... 5 2.3 North Carolina Natural Heritage Program.................................................................... 5 2.4 Field Assessment...................................................................................................... 5 3 Results........................................................................................................................... 5 3.1 Information, Planning and Conservation System.......................................................... 5 3.2 North Carolina Natural Heritage Program.................................................................... 6 3.3 Field Assessment...................................................................................................... 6 3.3.1 Red -cockaded Woodpecker (Picoides borealis) ...................................................... 6 3.3.2 Atlantic Pigtoe (Fusconaia masoni)....................................................................... 8 3.3.3 Monarch Butterfly(Danausplexinnus).................................................................. 9 3.3.4 Harperella (Ptiiimnium nodosum)........................................................................10 4 Findings and Determinations...........................................................................................10 4.1 Red -cockaded Woodpecker.......................................................................................10 4.2 Atlantic Pigtoe.........................................................................................................11 4.3 Monarch Butterfly....................................................................................................11 4.4 Harperella...............................................................................................................11 4.5 Species Summary and Effects Determination Table.....................................................12 5 Conclusions....................................................................................................................12 5.1 Summary................................................................................................................12 5.2 Permitting...............................................................................................................12 5.3 Conclusion...............................................................................................................14 AppendixA: IPaC Report.......................................................................................................15 AppendixB: NCNHP Report....................................................................................................30 Appendix C: Resource Maps...................................................................................................36 AppendixD: Photographs......................................................................................................58 ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) 8 June 2022 www.atlasenvi.com / Offices in Asheville and Charlotte 2 I Introduction Ms. Maggie Houston of Beacon Partners has requested Atlas Environmental, Inc. to perform a site assessment to search for Federally listed Endangered, Threatened, and Candidate species that could potentially occur on property and make a recommended determination of effects. 1.1 Site Location and Description The subject site is located at 106 NC Highway 751, Apex, NC 27523. The review area is comprised of five Chatham County parcels (Parcel ID Numbers: 60523, 17900, 73702, 716941 17918) totaling approximately 141.53 acres. The project site is within the New Hill and Green Level 1:24,000 Quadrangles, and lies at the Northeast corner of the intersection of NC Highway 751 and US Highway 64, approximately 6.7 driving miles West of Apex. The ground surface generally slopes from the vertical center of the property to floodplain areas along the Western, Northern, and Eastern property boundaries. The topographic relief of the review area is approximately 72 feet with an approximate maximum elevation of 335 feet and minimum elevation of 263 feet. The surrounding area consists predominantly of forested land with a few residential homes. Commercial businesses are sporadic along Highway 64. Several residences and associated structures were observed to exist within the project review area. The land is forested with several wetland areas and a stream running along the Eastern property boundary. 1.2 Project Purpose The proposed project purpose is for the construction of an industrial development consisting of three buildings. The development also will require the construction of stormwater treatment, parking areas, utilities, and additional associated infrastructure. A preliminary site plan has not been provided. The project site likely will require mechanized land clearing for grading to remove existing vegetation and to prepare the ground surface for construction. Based on site constraints a U.S. Army Corp of Engineers (USACE) Nationwide Permit 39 or Individual Permit may be required for unavoidable impacts to aquatic resources. Atlas Environmental has submitted a request for a jurisdictional determination to the local USACE office, and currently is awaiting concurrence with the submitted package. 1.3 Endangered Species Act The Endangered Species Act of 1973, as amended (ESA), provides a program for the conservation of Endangered and Threatened plants and animals and the habitats in which they are found. The lead Federal agencies for implementing the ESA are the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS). Before a species can receive the protection provided by the ESA, it must first be added to the Federal lists of Endangered and Threatened wildlife and plants. A species is added to this list when the respective Federal agency determines that it has met a definition of Endangered or Threatened under the ESA. Species may also be removed from the list (i.e., "delisted") when they no longer require ESA protection, or have a change in status ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) 8 June 2022 www.atlasenvi.com / Offices in Asheville and Charlotte 3 (i.e., Ilk reclassified"), for example from Endangered or Threatened. Under the ESA, a species must be listed if it is endangered or threatened because of any of the following 5 factors: 1. present or threatened destruction, modification, or curtailment of its habitat or range; 2. over -utilization of the species for commercial, recreational, scientific, or educational purposes; 3. disease or predation; 4. inadequacy of existing regulatory mechanisms; and, 5. other natural or manmade factors affecting its continued existence. Additionally, the USFWS and NMFS periodically publish a Notice of Review or Notice of Reclassification in the Federal Register that presents an updated list of plant and animal taxa which are regarded as Candidate or species proposed for possible addition to the Lists of Endangered and Threatened Wildlife and Plants. An Endangered species is a taxon ""in danger of extinction throughout all or a significant portion of its range" (ESA, Section 3). A Threatened species is a taxon ""likely to become an Endangered species within the foreseeable future throughout all or a significant portion of its range" (ESA, Section 3). Candidate species are "taxa for which the Service has on file enough substantial information on biological vulnerability and threat(s) to support proposals to list them as Endangered or Threatened. Proposed rules have not yet been issued because this action is precluded at present by other listing activity. Development and publication of proposed rules on these taxa are anticipated. The Service encourages State and other Federal agencies as well as other affected parties to give consideration to these taxa in environmental planning." (Federal Register, February 28, 1996). Taxa formerly considered as Category 1' are now considered as Candidate'. A Federal Species of Concern (FSC) is a species under consideration for listing, for which there is insufficient information to support listing at that time. FSCs may or may not be listed in the future, and many of these species were formerly recognized as "C2" Candidate species. 2 Methods 2.1 Action Area A site assessment for Federally listed Endangered, Threatened, and Candidate Species includes a thorough search of historical and recent records for potential and known occurrences of species on and in the vicinity of the proposed project site. Initially, we define the Action Area as a one -mile zone around the property boundaries. The Action Area may include species that occur nearby, but not necessarily on, the proposed project site. The Action Area is defined this way because species may be affected (positively or negatively) by your project that exist in a nearby geographic area. For example, certain aquatic species may appear on the species list because a project could cause downstream effects, such as sedimentation, on the species. The Action Area also may vary depending on the activities associated with the proposed project (e.g., construction activities, operational activities, maintenance activities) and its potential direct and indirect effect on the species identified in the vicinity. For example, operational impacts ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) 8 June 2022 www.atlasenvi.com / Offices in Asheville and Charlotte 4 associated with lighting or noise could affect species that occur away from the project site. In most cases, the Action Area contracts to an area no less than the proposed project boundary, but remains species dependent. If applicable, the species dependent Action Area is further defined in the individual species account below. 2.2 Information, Planning and Conservation System A record search of the USFWS website is conducted to determine what species are known or believed to occur within the County of the proposed project. The USFWS's Information, Planning, and Conservation System (IPaC) mapping tool also is used to generate a list of Endangered, Threatened, and Candidate species, and/or designated Critical Habitat (Appendix A). Species on the IPaC list include species that may be affected by your project and could include species that exist in another geographic area. 2.3 North Carolina Natural Heritage Program The North Carolina Department of Environment and Natural Resources (NCDENR), North Carolina Natural Heritage Program (NCNHP) GIS database is searched to determine what species or rare natural communities (element occurrences) are known to occur within a one -mile radius of the approximate center of the project site. A list of the Endangered, Threatened, and rare species and communities known to occur within the quadrangle(s) of the proposed project site is generated for the field search (Appendix B). This list indicates what species have been reported to the NCNHP as occurring in the state, each county, and within each quadrangle. This is not a complete list of what exists as no comprehensive survey of the state has ever been conducted. The NCNHP also provides data for search results which includes the last date of observation and accuracy of the observation. Natural and Managed areas, such as parks, open space, and greenways, known to occur within a one -mile radius of the approximate center of the project site also are documented. 2.4 Field Assessment A site assessment also includes a pedestrian survey of the proposed project site by botanists and biologists with specialized experience in the identification of Endangered, Threatened, and Candidate Species. Atlas Environmental staff identify potentially suitable habitat for Federally listed species within the project review area based on the species' known and preferred habitat requirements reported in the IPaC and NCNHP reviews. The project review area is then traversed to evaluate all potentially suitable habitat areas for the presence of Federally listed Endangered, Threatened, and Candidate species. 3 Results 3.1 Information, Planning and Conservation System A search of the USFWS's IPaC website (www.ecos.fws.gov/ipac) identified four Federally listed Endangered, Threatened, and Candidate species that could occur within the proposed project review area or may be impacted downstream. These species include: 1) Red -cockaded Woodpecker (Picoides borealis), an Endangered bird; 2) Atlantic Pigtoe (Fusconaia mason), a Threatened clam; 3) Monarch Butterfly (Danaus plexippas), a Candidate butterfly; and 4) Harperella (Pti/imnium nodosum), an Endangered flowering ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) 8 June 2022 www.atlasenvi.com / Offices in Asheville and Charlotte 5 plant. Critical Habitat has been designated for Atlantic Pigtoe, but no Critical Habitat has been designated within the project review area. 3.2 North Carolina Natural Heritage Program A search of the NCNHP website (www.ncnhp.org/web/nhp/database-search) identified no element occurrences of a Federally listed Endangered or Threatened species within the project site. Eight element occurrences of rare species and species or habitats of conservation concern were documented within a one -mile radius of the project site. These include: a Waterbird Colony, last observed April 2009 (EO ID 22601); Bald Eagle (Ha/iaeetus /eucocenha/us), a bird, State listed as Threatened, last observed in 2011 (EO ID 13439); Regal Darner (Corynhaeschna ingens), a Dragonfly or Damselfly, State listed as Significantly Rare, last observed Pre-2004 (EO ID 32043); Floodplain Pool, last observed in 2013 (EO ID 16862); Mesic Mixed Hardwood Forest (Piedmont Subtype), last observed in 2013 (EO ID 13189); Piedmont Bottomland Forest (Typic Low Subtype), last observed in 2013 (EO ID 22580); Piedmont/Mountain Semipermanent Impoundment (Open Water Subtype), last observed in 2010 (EO ID 22579); and Piedmont/Mountain Semipermanent Impoundment (Piedmont Marsh Subtype), last observed in 2010 (EO ID 30612). One Natural Area was documented to exist within the project area or within a one -mile radius of the project area — White Oak Creek Floodplain. Four Managed Areas were documented within the project area or within a one -mile radius of the project site: B. Everett Jordan Lake and Dam, owned by the USACE; White Oak Creek Floodplain Registered Heritage Area, owned by the USACE; and two occurrences of Wake County Greenway — American Tobacco Trail, owned by Wake County. 3.3 Field Assessment The field assessment of the project review area was completed on November 16 - 17, 2021, November 23, 2021, and April 13, 2022. The species identified through the IPaC and NCNHP review included four Federally listed species which were documented to have the potential to exist within the project review area or be potentially impacted by the proposed project. Each of these species are described below, including the typical features, suitable habitat requirements, and other related observations by Atlas Environmental staff. 3.3.1 Red -cockaded Woodpecker (Picoiaes borealis) The Red -cockaded Woodpecker (RCW) is a rather small black -and -white woodpecker with a longish bill. Adults are about 8 to 9 inches long, with a wingspan of 14 to 15 inches. The back coloration is black barred white, and the underside is white with black spots on flanks. It has a black crown, nape and moustachial stripe border white cheeks and side of neck. Males have a small red mark on the side of nape. The species occupies a patchy distribution in Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Texas, Virginia. They make their homes in mature pine forests. Longleaf pines (Pins pa/ustris) are most commonly preferred, but other species of southern pine are also acceptable. While other woodpeckers bore out cavities in dead trees where the wood is rotten and soft, the RCW is the only one which excavates cavities exclusively in living pine trees. Cavities are ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) 8 June 2022 www.atlasenvi.com / Offices in Asheville and Charlotte 6 excavated in mature pines, generally more than 80 years old. The older pines favored by RCWs often suffer from a fungus called red heart disease which attacks the center of the trunk, causing the inner wood (heartwood) to become soft. Excavation of cavities in live pines has given rise to additional unusual and complex behaviors, ranging from cooperative breeding to daily excavation of resin wells to create resin barriers against predatory North American rat snakes (Pantheronhis sp.). Use of live pines is also the primary reason why the species requires mature pines, the loss of which has resulted in endangerment. The time required to excavate a cavity varies greatly, but excavation typically takes one to six years. The aggregate of cavity trees is called a cluster and may include 1 to 20 or more cavity trees on 3 to 60 acres. The average cluster is about 10 acres. Cavity trees that are being actively used have numerous, small resin wells which exude sap. The birds keep the sap flowing apparently as a cavity defense mechanism against rat snakes and possibly other predators. The territory for a group typically ranges from about 125 to 200 acres, but observers have reported territories running from a low of around 60 acres, to an upper extreme of more than 600 acres. The size of a particular territory is related to both habitat suitability and population density. Peak reproductive years are from ages 4 to 8. Breeding season begins in April and lasts through July. Generally, clutches contain 2 to 4 eggs, although the full range is 1 to 5 eggs. Co -breeding females produce clutches as large as 8 eggs, but more typically 5-7. Incubation begins before the clutch is complete and eggs hatch asynchronously. The number of young fledged from successful nests is typically 1-4. The first several days after fledging, the young birds are somewhat reluctant to fly, and spend considerable time perched high in the pines, clinging to the trunk or large limbs. By the end of the first week out of the nest, however, the young are much more active and move with the adults as the group travels through the territory. There is an abrupt transition between the targeted feedings that characterize the first 9 days after fledging to approach feedings from day 10 onwards. The fledglings gradually begin to obtain food for themselves but continue to beg for food and squabble with each other for some time. Young are sometimes observed being fed 2 months after fledging and are occasionally seen begging as late as the subsequent winter. Young birds may either disperse in their first year, or they may remain on the natal territory and become a helper. The proportion of each sex adopting each strategy varies among populations, but first -year dispersal is the dominant strategy for females whereas both strategies are common among males. A dispersing individual, if it survives, may become a breeder at age one, but many fail to locate a breeding vacancy and exist as a floater at age one, or in a few cases as a helper in a new group. Some dispersing males locate a territory but no mate, and hence are solitary males at age one. Solitary males and floaters, like helpers, may become breeders at subsequent breeding seasons. The Red -cockaded Woodpecker was Federally listed as Endangered wherever found on ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) 8 June 2022 www.atlasenvi.com / Offices in Asheville and Charlotte 7 October 13, 1970. No Critical Habitat has been designated for the Red -cockaded Woodpecker. 3.3.2 Atlantic Pigtoe (Fusconaia masons) The Atlantic Pigtoe is a small freshwater mussel with a sub -rhomboidal shaped shell. Although larger specimens exist, the Atlantic Pigtoe rarely exceeds two inches in length. The species is dependent on clean, moderate -flowing water with high dissolved oxygen content in creek and riverine environments. Historically, the most abundant populations existed in creeks and rivers with excellent water quality, and where stream flows were sufficient to maintain clean, silt -free substrates. The species is associated with gravel and coarse sand substrates at the downstream edge of riffles (shallow water with rapid currents running over gravel or rocks), and less commonly occurs in cobble, silt, or sand detritus mixtures. Because the species prefers more pristine conditions, it typically occurs in headwaters of rural watersheds. The Atlantic Pigtoe is presumed to be an omnivore. Adults primarily filter feed on a wide variety of microscopic particulate matter suspended in the water column, including phytoplankton, zooplankton, bacteria, detritus, and dissolved organic matter, although juveniles tend to pedal feed in the sediment. Like most freshwater mussels, the Atlantic Pigtoe has a unique life cycle that relies on fish hosts for successful reproduction. Following release from the female mussel, sticky packets of floating glochidia (larvae) attach to the gills and scales of host minnows. The larvae stay attached to the host fish until they complete metamorphosis, when they release from the fish and fall to the substrate. The Atlantic Pigtoe has been documented in all major river basins in the Atlantic coastal drainages from the James River Basin in Virginia south to the Altamaha River Basin in Georgia, and from the foothills of the Appalachian Mountains to the Coastal Plain. However, abundance and distribution of the species has declined, with the species currently occupying approximately 40 percent of its historical range. Most of the remaining populations are small and fragmented, only occupying a fraction of reaches that were historically occupied. Recent surveys (2005 to 2019) found Atlantic Pigtoe remain in seven populations in Virginia and North Carolina; however, only three populations have multiple documented occurrences within the past 16 years. This decrease in abundance and distribution has resulted in largely isolated contemporary populations. Evidence suggests that the range reduction of the species corresponds to habitat degradation resulting from the cumulative impacts of land use change and associated watershed -level effects on water quality, water quantity, habitat connectivity, and instream habitat suitability. Treats to the Atlantic Pigtoe include passive impacts on water quality, non -point source siltation and eutrophication, as well as major point source impacts. The conversion of low intensity land use to high intensity uses continues to increase and compromise freshwater habitats. Impoundments and/or alteration of the rivers for navigation significantly alter the habitat for this species. A recent study determined that the glochidia of Atlantic Pigtoe are extremely sensitive to pollution. ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) 8 June 2022 www.atlasenvi.com / Offices in Asheville and Charlotte 8 The Atlantic Pigtoe was Federally listed as Threatened wherever found on December 16, 2021. Critical Habitat has been designated for the Atlantic Pigtoe in 17 units in North Carolina and Virginia: (1) Craig Creek (Botetourt County, VA); (2) Mill Creek (Bath County, VA); (3) Sappony Creek (Dinwiddle County, VA); (4) Nottoway River Subbasin (Nottoway, Lunenburg, Brunswick, Dinwiddie, Greensville, and Sussex Counties, VA); (5) Meherrin River (Brunswick County, VA); (6) Dan River (Rockingham County, NC and Pittsylvania County, VA); (7) Aarons Creek (Granville County, NC and Mecklenburg and Halifax Counties, VA); (8) Little Grassy Creek (Granville County, NC); (9) Upper/Middle Tar River Subbasin (Granville, Vance, Franklin, and Nash Counties, NC); (10) Sandy/Swift Creek (Warren, Franklin, and Nash Counties, NC); (11) Fishing Creek Subbasin (Warren, Halifax, Franklin, and Nash Counties, NC); (12) Lower Tar River (Edgecombe and Pitt Counties, NC); (13) Upper Neuse River Subbasin (Person, Durham, and Orange Counties, NC); (14) Middle Neuse River Subbasin (Wake, Johnston, and Wilson Counties, NC); (15) New Hope Creek (Orange Creek, NC), (16) Deep River Subbasin (Randolph County, NC); and (17) Little River (Randolph and Montgomery Counties, NC). 3.3.3 Monarch Butterfly (Danaus plexippus) Adult monarch butterflies are large and conspicuous, with bright orange wings with a black border and covered with black veins. The black border has a double row of white spots, present on the upper side of the wings. Adult monarchs are sexually dimorphic, with males having narrower wing venation and scent patches. The bright coloring of a monarch serves as a warning to predators that eating them can be toxic. During the breeding season, monarchs lay their eggs on their obligate milkweed host plant (primarily Asc%pias spp.), and larvae emerge after 2 to 5 days. Larvae develop through five larval instars (intervals between molts) over a period of 9 to 18 days, feeding on milkweed and sequestering toxic chemicals as a defense against predators. The larva then pupates into a chrysalis before emerging 6 to 14 days later as an adult butterfly. There are multiple generations of monarchs produced during the breeding season, with most adult butterflies living approximately 2 to 5 weeks; overwintering adults enter reproductive diapause (suspended reproduction) and live 6 to 9 months. In many regions where monarchs are present, monarchs breed year-round. Individual monarchs in temperate climates, such as eastern and western North America, undergo long-distance migration, and live for an extended period. In the fall, in both eastern and western North America, monarchs begin migrating to their respective overwintering sites. This migration can take monarchs distances of over nearly 2000 miles and last for over two months. In early spring (February -March), surviving monarchs break diapause and mate at the overwintering sites before dispersing. The same individuals that undertook the initial southward migration begin flying back through the breeding grounds and their offspring start the cycle of generational migration over again. The monarch butterfly is a Candidate species and not yet listed or proposed for listing. There generally are no ESA protections or Section 7 (Interagency Cooperation) requirements for Candidate species, but the USFWS encourages any opportunity to ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) 8 June 2022 www.atlasenvi.com / Offices in Asheville and Charlotte 9 conserve the species. 3.3.4 Harperella (Pti/imnium nodosum) Harperella is a delicate wildflower that grows up to three feet tall and is a member of the economically important family of plants (Apiaceae) that includes such food products as carrots, dill, and horseradish, as well as several plants with known medicinal value. The tiny white clusters of this rare species resemble those of its common relative, Queen Anne's Lace. However, where most members of its family have fern -like (highly dissected) leaves, the leaves of this species are nothing but short, hollow "quills". Harperella grows along riverine and in pond environments and requires a very narrow range of hydrologic conditions in order to survive. The water depth can't be too high nor too low and the water quality must be good. The plant cannot tolerate dry conditions either. This has made the species highly vulnerable to any seemingly minor or major changes in their habitat either in the immediate vicinity of their location, or upstream from there. Because of this, half of the known populations of this species has been destroyed. The plant is threatened by small population sizes and hydrological manipulations of the habitat such as upstream water impoundments, declining water quality, and pond drainage. Despite the taxonomic synonymy between the pond and riverine forms, important ecological, genetic, and conservation distinctions remain. Most populations of Harperella, including those on "protected" lands, are threatened by habitat degradation. Major degradation -related threats include (1) alterations to the natural hydrologic regime (from stream dredging, ditching/draining of wetlands that support pond populations, dam building, reservoirs, increased surface water run-off from impervious surfaces), (2) siltation and erosion (from development, loss of riparian vegetation, poor management of logging and agriculture, road building/maintenance), (3) water quality reductions (from pollution, wastewater releases, algal blooms), and (4) disturbance and trampling (from ATVs, foot traffic, heavy equipment, debris build-up). Competition from invasive plants may also be an issue. Habitat loss also is a threat at many sites, resulting from land -use conversion, filling, and site development for recreation (e.g., installation of canoe launches). Extreme natural event such as flooding, droughts, or ice -scour also may reduce populations. Harperella was Federally listed as Endangered wherever found on October 28, 1988. No Critical Habitat has been designated for Harperella. 4 Findings and Determinations Based on the review of available resources including, IPaC and NCNHP websites, applicable regulatory guidelines, and the field assessment performed by Atlas Environmental, there are no findings of Federally listed Red -cockaded Woodpecker, Atlantic Pigtoe, Monarch Butterfly, or Harperella within the Action Area. No suitable habitat or individual occurrences were found. 4.1 Red -cockaded Woodpecker ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) 8 June 2022 www.atlasenvi.com / Offices in Asheville and Charlotte 10 According to the USFWS IPaC and NCNHP websites, the Red -cockaded Woodpecker is known, or believed, to occur in Chatham County, but there are no known occurrences of the species within the Action Area. Atlas Environmental staff thoroughly traversed all areas of potential habitat within the project site. Survey methods followed applicable USFWS guidance. However, no suitable habitat nor individual occurrences were observed. As a result, we have proposed a ""No Effect" determination for the Red - cockaded Woodpecker. 4.2 Atlantic Pigtoe According to the USFWS IPaC and NCNHP websites, the Atlantic Pigtoe is known, or believed, to occur in Chatham County, but there are no known occurrences of the species within the Action Area. Survey methods followed applicable USFWS guidance. Aquatic resources identified within the project site are a shallow perennial and intermittent streams with abutting, adjacent, and non -adjacent wetlands. Suitable habitat for the Atlantic Pigtoe does not exist within the project site; no live clams or clam shells were observed in the stream areas within the project site. Nevertheless, mandated erosion and sediment control measures will be used to further avoid or minimize any potential impacts the proposed activities could have on aquatic resources downstream of the project site. As a result, we have proposed a ""No Effect" determination for Atlantic Pigtoe. No Critical Habitat is designated for Atlantic Pigtoe within the Action Area. 4.3 Monarch Butterfly According to the USFWS IPaC and NCNHP websites, the Monarch butterfly is known, or believed, to occur in Chatham County. No occurrences of Monarch butterflies were observed within the Action Area. Because the Monarch butterfly is a Candidate species and not yet listed or proposed for listing, there generally are no ESA protections or Section 7 (Interagency Cooperation) requirements for Candidate species. 4.4 Harperella According to the USFWS IPaC and NCNHP websites, Harperella is known, or believed, to occur in Chatham County, but there are no known occurrences of the species within the Action Area. Atlas Environmental staff thoroughly traversed all areas of potential habitat within the project site, especially along stream banks and wetland areas. Survey methods followed applicable USFWS guidance (July — early September; during low water), although the surveys were conducted outside of the optimal survey window. No suitable habitat nor individual occurrences were observed. Aquatic resources identified within the project site are a shallow perennial and intermittent streams with abutting, adjacent, and non -adjacent wetlands. As such, we have proposed a "No Effect" determination for Harperella. ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) 8 June 2022 www.atlasenvi.com / Offices in Asheville and Charlotte 11 4.5 Species Summary and Effects Determination Table Species Listed Habitat Species Effects Determination Status Present Observed Red -cockaded Woodpecker E No No No Effect Monarch Butterfly C -- -- N/A Atlantic Pigtoe T No No No Effect Harperella E No No No Effect 5 Conclusions 5.1 Summary Atlas Environmental has completed the Endangered and Threatened species assessment for the subject project review area and has identified no suitable habitat for Federally listed Red -cockaded Woodpecker, Monarch Butterfly, Atlantic Pigtoe, and Harperella. No other Federally listed Endangered or Threatened species or their habitats were observed within the project review area. The proposed project is expected to have no effect on any Federally listed Endangered and Threatened species or designated Critical Habitat. 5.2 Permitting If impacts to regulated waters or wetlands are required to develop the property, Condition 18 of Nationwide Permit (NWP) 39 is applicable as follows: 1. Endan_er�pecies. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a Threatened or Endangered species or a species proposed for such designation, as identified under the ESA, or which will directly or indirectly destroy or adversely modify the critical habitat of such species. 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. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre -construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA Section 7 consultation may be necessary for the activity and the respective Federal agency would be responsible for fulfilling its obligation under Section 7 of the ESA. (c) Non -Federal permittees must submit a pre -construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) 8 June 2022 www.atlasenvi.com / Offices in Asheville and Charlotte 12 activities that might affect Federally listed Endangered or Threatened species or designated critical habitat, the pre- construction notification must include the name(s) of the Endangered or Threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity Vkmay affect" or will have ""no effect" to listed species and designated critical habitat and will notify the non -Federal applicant of the Corps' determination within 45 days of receipt of a complete pre -construction notification. In cases where the non -Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have "no effect" on listed species or critical habitat, or until ESA Section 7 consultation has been completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species -specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the "take" of a Threatened or Endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the FWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (fl If the non -Federal permittee has a valid ESA Section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non -Federal applicant should provide a copy of that ESA Section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA Section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA Section 7 consultation conducted for the ESA Section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA Section 7 consultation for the ESA Section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA Section 7 consultation for the proposed NWP activity. The district engineer will notify the non -Federal applicant within 45 days of receipt of a complete pre -construction notification whether the ESA Section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA Section 7 consultation is required. (g) Information on the location of Threatened and Endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac_ ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) 8 June 2022 www.atlasenvi.com / Offices in Asheville and Charlotte 13 and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 5.3 Conclusion This concludes the subject project review and report of findings for Federally listed Endangered, Threatened, and Candidate species. We appreciate the opportunity to provide these services. Please feel free to call with questions or comments. j&w4e' d1l ww-' Jennifer L Robertson, President ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) 8 June 2022 www.atlasenvi.com / Offices in Asheville and Charlotte 14 Appendix A: IPaC Report ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 15 www.atlasenvi.com / Offices in Asheville and Charlotte Ni OF i�'� fjy�, ifYli a�N liLuf 7. W� - �t uN{M •� 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; April 14, 2022 Project Code. 2022-0031770 Project Name; Project Real Subject. List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern; The enclosed species list 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.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. 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-1PaC 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-1PaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 16 ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) www.atiasenvi.com / Offices in Asheville and Charlotte 0411412022 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402, In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http-//www.fws.gov/eiidangeredlesa-librarylpdf/'rOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (54 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.govlbirds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186. Responsibilities o f Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www,fws.gov/birds/policies-and-regulations/ executive-orders/eO-131 S6.php. ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 17 www.atiasenvi.com / Offices in Asheville and Charlotte 0411412022 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 Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List • Migratory Birds ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 18 www.atiasenvi.com / Offices in Asheville and Charlotte 04114/2022 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 AMASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 19 www.atiasenvi.com / Offices in Asheville and Charlotte 04114/2022 Project Summary Project Code: 2022-0031770 Event Code: None Project Name: Project Real Project Type: Commercial Development Project Description: Industrial Construction Project Location: Approximate location of the project can be viewed in Google Maps: ht_ ttps:// www.google.com/maps/(]35.747O088.-78.947775O2254468.14z Counties: Chatham and Wake counties, North Carolina ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 20 www.atlasenvi.com / Offices in Asheville and Charlotte 04114/2022 Endangered Species Act Species There is a total of 4 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 Fisheries) 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 FW5 office if you have questions. 1. 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. Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: httos:f/ecos.fws. ovfecpLsoecies/7614 Clams NAME STATUS Atlantic Pigtoe F'usconaia masoni Threatened There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: httos:f/ecos.fw"ov/ecplsvecies/5164 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: httos:l/ecos_fws.govlecUlUecies/9743 Flowering Plants NAME STATUS Harperella Ptilimnium nodosum Endangered No critical habitat has been designated for this species. Species profile: https:f/ecos.fws.goviecp/species/3739 21 ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) www.atiasenvi.com / Offices in Asheville and Charlotte 0411412022 Critical habitats THERE ARE NO CRITICAL HABITATS WIT111N YOUR PROJECT AREA UNDER TI [IS OFFICE'S JURISDICTION. AMASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 22 www.atlasenvi.com / Offices in Asheville and Charlotte 04114/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act-2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10A2 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance an when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Habueetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. h[LpS://CCOS.[wS.gov/ecp/species/1626 King Rail Raflus elegans Breeds May 1 This is a Bird of Conservation Goncern (f3CC) throughout its range in the continental USA to Sep 5 and Alaska. https:l/ecos.tws.gov/ecj2/si2eciesi8936 23 ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) www.atiasenvi.com / Offices in Asheville and Charlotte 04114/2022 NAME BREEDING SEASON Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska, Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Sind of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska, Red-headed Woodpecker Melanerpes erythrucephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10krn grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 24 www.atiasenvi.com / Offices in Asheville and Charlotte 0411412022 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = l; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range, If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. 3 ■ probability of presence breeding season I survey effort — no data SPFCiES JAN FEB MAR APR MAY JUN lur. AUG SEP OCT NOV DEC Bald Eagle III 11,11fill L ` + --- ---1 Pik +— __++'+-1 Non -BCC Vulnerable King Rail BCC Rangewide ++—+ —+—� ++—+ _+_+ ++— —+�— ��++ ++-- (CON) Prairie Warbleangewir + + ���' —�—+ +T + BCC Rangewide +—+ —+�� ++� —+ �+�� ��++ +-- (CON) ProBCntary C Rangewide ++—+ —+—� ++—' —+—+ —++— —4 — ��++ ++-- (CON) BCC R{iigewide 1111 1111 1"' 1'11 11II IIII IIII III I�11 1111 1111'11� (CON) ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 25 www.atiasenvi.com / Offices in Asheville and Charlotte 0411412022 Rusrysladkbird +'-+ ++-+ ---+ +--- +-++ -+-+ ---+ -++- -4 — --++ +4-F BCC -BCR BCC Rangewide (CDN) Additional information can be found using the following links - Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species Measures for avoiding and minimizing impacts to birds https://www.fws.y-ov/library cull ections/avoiding-and-minimi zing -incidental -take -migratory -birds • Nationwide conservation measures for birds https://www.fws.Povisites/default/files/ documents/natio nwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BEQ and other species that may warrant special attention in your project location, The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (EagJe Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 26 www.atiasenvi.com / Offices in Asheville and Charlotte 0411412022 The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about haw the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources; The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 27 www.atiasenvi.com / Offices in Asheville and Charlotte 0411412022 Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Studyr and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 28 www.atiasenvi.com / Offices in Asheville and Charlotte 04114/2022 IPaC User Contact Information Agency, Atlas Environmental Name: Jacob Sinclair Address: 338 S. Sharon Amity Road Address Line 2: #411 City: Charlotte State: NC Zip: 28211 Email jsinclair@atlasenvi.com Phone: 7045121206 AMASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 29 www.atlasenvi.com / Offices in Asheville and Charlotte Appendix B: NCNHP Report ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 30 www.atlasenvi.com / Offices in Asheville and Charlotte m,�� NC DEPARTMENT OF low~ NATURAL AND CULTURAL RESOURCES April 11, 2022 Jennifer Robertson Atlas Environmental, Inc. 338 S. Sharon Amity Road Charlotte, NC 28211 RE: Project Real: 20220411 Dear Jennifer Robertson: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Nefitage Program NCNHDE-17672 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. 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 documented within the project area or 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: htt sue//www.fws.gov/offices/Directory/List Off ices.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. Also please note that the INC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement. or an occurrence of a Federally -listed species is 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 rodnRy_hutler6bncdcr_aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES {pj 121 W JONES STREET, RALEIGH. NC 27603 • 1651 MAR SERVICE CENTER. R.1L _ - I& OFC 919,707.9120 • FAX 919.707.9121 31 ATLASEnvironmental, Inc. 338 S. 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Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 35 www.atlasenvi.com / Offices in Asheville and Charlotte Appendix C: Resource Maps ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 36 www.atlasenvi.com / Offices in Asheville and Charlotte CD v v v N r-i Q G OD 1� G 1� N r� G Ln Q b n �i O g g a rC,lti Rd m n w w C ra a cu ac�en 1 J 00D v c L CM L2 r '•a ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 37 www.atlasenvi.com / Offices in Asheville and Charlotte p d Q a 0 o �x o ILA d C� G U Q fu L 0- Nai Rd NgN 11: .'x a� u L ill u of V V? N Q} 00 0 r') N LO n N U yyyzq{{{� 4 LO n 7. R S U z S V] C 0 LLB ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 38 www.atiasenvi.com / Offices in Asheville and Charlotte AMASEnvironmental, Inc. 338 S. 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Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 41 www.atiasenvi.com / Offices in Asheville and Charlotte M N Ln n N U z M Ln n T. x g G] L2 ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 42 www.atlasenvi.com / Offices in Asheville and Charlotte y Ln w C m m T z w z ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 43 www.atiasenvi.com / Offices in Asheville and Charlotte ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 44 www.atlasenvi.com / Offices in Asheville and Charlotte Q a to N r-1 O G 00 1 O O �ll O �N n3 0 Q L 0 a _ � NiU pid 76 r- 0 a-+ fd l Z U.� z� a� U L 11'I � T Vl {6 rrC), tJ I L V L � Q Q E } W N oC V f!o C7 0 N 27, �4t f �r U I• m L2 ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 45 www.atlasenvi.com / Offices in Asheville and Charlotte a 0 0 C:) rNj a 1 x o � if, i� ll�r 13 Q x 0 C (3) H C- a-J �H,11 [Ld C Z u? �ryyZ ,s _N L) CU Q L QE if E d M a) > M CU 0to 7 Q) cr U LA nl M a. Li � M z 'c a C Q Fi ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 46 www.atlasenvi.com / Offices in Asheville and Charlotte J .�; i w�1 y�liAlap uM9ii+ 'C kiln clV eeW u�1 LZ n� AH UrMppO,J , i w0 4 aHyMsJti� -c] F� a �e an�o uj >r—L- le GP �A15211 ` -- ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 47 www.atiasenvi.com / Offices in Asheville and Charlotte Soil ap— at am County, North Carolina, and Wake CoUntYr North Carolina (Pr=ct Rea 00w hAW)0 fi)WO illurV tHi70C XI 6A'AM F>,151W (3)<B17.7 6*uu X ? �72 17 Aq IL R %f g ti • AE `: �!. H! Z SI f 1 -� —� g l� 67.. 605DM �SNA E�OC 6�i4O7 . 6557M 685KC 6059M Ei000 Mp Scale: 1:7,356 f p*►%ad an A pwb-iak [8.S x 11'� skeeL F'le�ers N 0 100 200 400 8IX1 Feet o asv Ica teoo- 2100 ll5iZ1 Natural Resources Web Soil Survey My projedw; 1hRbbten GYner03ons1ate6: VK.sM Edqa UM; urnf 70ne 17NWGS84 � Conservation Service National Cooperative Soil Survey Project Name: Project Real RAS Location: 106 NC Highway 751 Apex, NC 27523 IRONME WAL For: Beacon Partners Attn: Ms. Maggie Houston Figure: 13a Coordinates: 35.74687/-78.94794 Date: April 11, 2022 ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 48 www.atlasenvi.com / Offices in Asheville and Charlotte Soil Map —Chatham County, North Carolina, and Wake County, North Carolina (Project Real) MAPLEGEND Area of Interest jADI) Area of Inlerest (AQl) Soils J Soil the Unit PotyWns rq/ Soll Map lint Lines Sail Map Unit Pants special Point Feafurer. 911—d ® Barrow Pil IK Clay Spat 0 Closed Dewesslon Gravel Pit Gravelly spat a Landfill Lava Flaw March or swamp Mlne or Quarry 0 Mlscellanaous water DPerenmial Water V Roc1,0.b. p T 5a1ine Spat X Sandy Spot 41l, Severely Erased Spot Sinkhole ,'� Slide ar Sfip Sadie Spot (76NIVIRONMENTAL Figure:13b MAP INFORMATION Spoil An The soil surveys that comprise your Aal were mapped at t'2+1�-04D Stony Spol ® Very Stony Spot Warning: Soil Map may not be valid at this scale. wet spa Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of Special tine Features contrasting lolls that could have been shown at a more detaHed scale- Wet- Features Streams and Canals Please rely on the bar scale on each map sheet for map measurements. Transportation }}-} Rails Saurceo(Map: Natural Resources Conservation Service Web Soil Survey URL: w► lnlwslste Highways Coordinate System: Web Mercator (EPSG:3857) .+r US Reuss Maps from the web Soil Survey are based on the Web Mercator Major Roads Prole, which preserves direction and shape but distorts dislance and area. A projection that preserves area, such as the Local Roads Albers equal-area conlc projectlon, should be used if more accurate calculations of distance or area are required - Background Aerial Photography This product is generated from the USDA-NRCS certified data as of the version daWs) Ilsled below. Soil Survey Area: Chatham County, North Carolina Survey Area Data: Version 25. Jan 21, 2022 Soil Survey Area: Wake County, North Carolina Survey Area Data: Version 22, Jan 21, 2022 Your area of Interest (ADI) includes more than one soil survey area- These survey areas may have been mapped at different Scales, with a different land use in mind, at different times, oraf different levels of detail. This may result In map unit symbols, sod propwtjes, and interpretations that do col completely agree across soil survey area boundaries. Soil map units are labeled (as space allows) for map scales 1:50.000 or lamer. Oates) aerial images were photographed: Oct 9, 2019— 00 19, 2019 MAP LEGEND MAP INFORMATION The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background Imagery displayed an these maps As a result, some minor shifting of map unit boundaries may be evident. ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 49 www.atlasenvi.com / Offices in Asheville and Charlotte Map Unit Legend Map Unit Symbol Map Unit Name Acres In AOI Percent of AOI Cre Creedmoor-Green Level 25.0 18.1% complex, 2 to 6 percent Slopes cfc Creedmoor-Green Level 74.1 53.6% complex, 6 to 10 percent slopes CrD Creedmoor-Green Level 32.6 23.6% complex, 10 to 15 percent Slopes MgID Mayodan gravelly sandy loam, 0.1 0.1% 10 to 15 percent slopes w Water 1.7 1.2% Subtotals for Sail Survey Area 133.4 96.69'6 Totals for Area of I nterest 139.1 100.0% Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CrC Creedmoor-Green Level complex, 6 to 10 percent slopes 3.4 2.5% Crp Creedmoor-Green Level complex, 10 to 15 percent slopes 1.3 0.9% Subtotals for Soil Survey Area 4.7 3.4% Totals for Area of Interest 138.1 100.0% ATLAS ENVIRONMENTAL Figure: 13c ATLASEnvironmental, Inc. 338 S. 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Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 59 www.atlasenvi.com / Offices in Asheville and Charlotte CL ro 1 L B ru C: (V -I-- Qn -2 0 A*O X rc fo M M LL- < 12 -E b :3 r 'E LU 02 6- 0 :p ro ki = '2 'Iwo 0 2 z N C r') V N z Ln 0 r• 1: fN U . V z Ln MLID M C CM ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 60 www.atiasenvi.com / Offices in Asheville and Charlotte Site Photographs: November 16 ar 7: WL 1029 8: CH 400 tied to CH 140 9: CH 144 10: WL 1201 11: WL 1219 12: WL 1300 ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 62 www.atlasenvi.com / Offices in Asheville and Charlotte ;rV --l000"04. WPOY JL AA &-? - 'p I Aa JR. JF 25: Pond 1 26: WL 23C1 27: WL 2401 Site Photographs: November 16 and 17, 2021, April 13, 2022 28: W L 2410 29: WL 2500 30, WL 7000 ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 65 www.atlasenvi.com / Offices in Asheville and Charlotte 31: WL 7000 32: WL 7001 33: CH 700 )er lh ana I/, LULI, Aprii li, LULL 34: CH 701 ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 66 www.atlasenvi.com / Offices in Asheville and Charlotte Off -Site Photographs: November 16-17 and 23, 2021 and April 13, 2022 Adjacent NCWRC property Adjacent NCWRC property Adjacent USACE property Adjacent USACE property Closeup of potential Bald Eagle nest Subject property Nest separated from nest by USACE and NCWRC lands. Relative location of potential Bald Eagle nest ATLASEnvironmental, Inc. 338 S. Sharon Amity Road #411, North Carolina 28211; 704-512-1206 (m) / 828-712-9205 (m) 67 www.atlasenvi.com / Offices in Asheville and Charlotte United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office 551-F Pylon Drive Raleigh, North Carolina 27606 July 14, 2022 Jennifer Robertson ATLAS Environmental, Inc. 338 S. Sharon Amity Road 9411 Charlotte, NC 28211 Re: Project Real — Chatham and Wake Counties Dear Mrs. Robertson: This letter is to inform you that the Service has established an on-line project planning and consultation process which assists developers and consultants in determining whether a federally -listed species or designated critical habitat may be affected by a proposed project. For future projects, please visit the Raleigh Field Office's project planning website at https://www.fws.Rov/office/eastern-north-carolina/proiect-planning-and-consultation. If you are only searching for a list of species that may be present in the project's Action Area, then you may use the Service's Information, Planning, and Consultation System (IPaC) website to determine if any listed, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed at https://ipac.ecosphere.fws.gov/. The IPaC web site contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern' that are known to occur in each county in North Carolina, and other resources. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, ensure 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 'The term "federal speciesof concern" refers to those specieswhich the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. evaluation and can be found on our web page at https://fws.gov/office/eastern-north-carolina. 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. With regard to the above -referenced project, we offer the following remarks. Ourcomments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission (NCWRC) has developed a Guidance Memorandum (found at https://www.ncwildlife.org/Conserving/Learn-Resources/Ways-to- Conserve) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document and the NCWRC's other conservation recommendations in the development of your projects and in completing an initiation package for consultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact John Ellis of this office at (919) 856-4520 ext. 26. Sincerely, 1� Pete Ben'amin Field Supervisor