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HomeMy WebLinkAbout20230465 Ver 1_Hampstead POD - RCW evaluation report_20230328CZR- ENV I RON ME NTAL CONSULTANTS Ms. Briana Eddy Booth and Associates, LLC 2300 Rexwoods Drive, Suite 300 Raleigh, NC 27607 4709 COLLEGE ACRES DRIVE SUITE 2 WILMINGTON, NC 28403 TEL (910) 392-9253 FAX (910) 392-9139 czrwilma-czr-inc.com 21 December 2022 Re: Evaluation of habitat for red -cockaded woodpecker (Picoides borealis) associated with a proposed Four County EMC Hampstead POD substation (approximately 8.4 acres) near Rocky Point, Pender County, North Carolina. Dear Ms. Eddy CZR Incorporated (CZR) completed an evaluation of potential foraging and nesting habitat for red -cockaded woodpecker associated with a proposed substation located south of the intersection of Island Creek Road and Hanzel Road near Rocky Point, Pender County, North Carolina (1450-1622 Island Creek Road; PIN: 3262-78- 4633-000; 34.371867-77.781931). CZR identified potentially suitable habitat for red -cockaded woodpecker in the 8.4-acre project area (letter dated 10 March 2022) and recommended that coordination with the U.S. Fish and Wildlife Service (USFWS) would be needed to comply with Section 7 of the Endangered Species Act. At the request of Four County EMC CZR initiated informal consultation with the USFWS. On 26 October 2022 the USFWS provided initial project comments and survey recommendations for the proposed project. The following information summarizes potential red -cockaded woodpecker habitat within a study area that includes all area within 0.5 mile of the 8.4-acre project area. CZR evaluated forested areas (as access allowed) for potential foraging and nesting red -cockaded woodpecker habitat. This evaluation and limited cavity tree survey has been prepared to comply with USFWS Section 7 consultation requirements and to provide documentation to support a determination of "May Affect, Not Likely to Adversely Affect" in the SLOPES (Standard Local Operating Procedures for Endangered Species, an agreement between the U.S. Army Corps of Engineers (USACE) and USFWS) evaluation for the Red -cockaded Woodpecker at the proposed project site (see Attachment 3, Effects Determination Key). Methodology This evaluation was conducted in accordance with USFW guidance in support for a SLOPES determination for the red -cockaded woodpecker. The study area was provided by Booth and Associates on 08 November 2021 (shapefiles). Fieldwork was conducted on 17 and 22 November 2022. This assessment included an evaluation of forest stands within the project area and additional area within 0.5-mile to identify suitable foraging and nesting habitat. The assessment was based on a review of available recent and historic aerial photos and field reconnaissance. The field reconnaissance of stands outside the project area was limited to areas that were accessible from public rights -of -way without entering private properties where access permission would need to be obtained. 270 S. CENTRAL BOULEVARD • SUITE 102 • JUPITER, FLORIDA 33458 TEL (561) 747-7455 • FAX (561) 747-7576 • czrinc@czr-inc.com Ms. Briana Eddy Booth & Associates, LLC 21 December 2022 Page 2 — Hampstead POD Substation, Pender County, NC The approximate age for pine or pine/hardwood stands was estimated based on diameter at breast height (DBH) measurements and stands were identified as unsuitable (pines less than 30 years in age or hardwoods greater than 50% in composition of stand), suitable foraging habitat (pines 30 years in age or older, hardwoods less than 50% in composition of the stand) or suitable nesting habitat (pines 60 years in age or older, hardwoods less than 50% in composition of the stand). Stands with pines estimated to be 60 years in age or older were surveyed, where accessible, for the presence of red -cockaded woodpecker cavity trees and/or cavity tree starts. Stands within the project area and an approximately 200-foot buffer around the project area were surveyed by CZR along southwest to northeast transects spaced approximately 100 feet apart. Stands greater than 200 feet from the project area but within 0.5- mile were evaluated from adjacent public rights -of -way. In addition to the field surveys, a search of the North Carolina Natural Heritage Program (NCNHP) database yielded no known records of red -cockaded within the project area or within 1.5 miles of the project area. The results of the NCNHP request are included with this letter (Attachment 4). Stands Evaluated Stands evaluated and locations where site photographs were obtained are depicted on Figure 1. Detailed descriptions of stand evaluated are included below and summarized in Table 1. Stand 1 This stand includes the project area and forested areas that abut the project area to the northeast. The canopy in this stand is dominated by longleaf pine (Pious palustris). Scattered loblolly pine (Pious taeda) is also present in the canopy. The understory and midstory varies from open to moderately dense. Individual pines measured in this stand ranged from 6 to 19 inches DBH. This stand is estimated to have greater than 90% canopy cover of pine species that are at least 30 years of old and includes pines that are greater than 60 years old. Stand 2 This stand includes silvicultural areas that abut the project area to the southwest. An aerial photo review determined that this stand was extensively timbered in 2007 leaving less than 10% of the pine trees. The canopy in this stand is dominated by loblolly pine. The understory and midstory varies from open to moderately dense. Individual pines measured in this stand ranged from 11 to 16 inches DBH. This stand is estimated to have greater than 90% canopy cover of pine species that are at least 30 years of old and includes pines that are greater than 60 years old. Stand 3 This stand includes silvicultural areas. An aerial photo review determined that this stand was extensively timbered in 2006 leaving less than 10% of the pine trees. The canopy in this stand is dominated by loblolly pine. The understory and midstory is dense. Individual pines measured in this stand ranged from 4 to 12 inches DBH. This stand is estimated to have greater than 90% canopy cover of pine species that are at least 30 years of old but does not include pines that are greater than 60 years old. Stand 4 This stand includes silvicultural areas that have been clear cut in the last year. No trees are present. Pines observed in this stand are scattered and less than 1-inch DBH. Stand 5 This stand includes silvicultural areas. An aerial photo review determined that this stand was extensively timbered in 1998 leaving less than 10% of the pine trees. The canopy in this stand is dominated by loblolly pine. The understory and midstory varies from open to moderately dense. Individual pines measured in this stand ranged from 7 to 10 inches DBH. This stand is estimated to have greater than 90% canopy cover of pine species that are Ms. Briana Eddy Booth & Associates, LLC 21 December 2022 Page 3 — Hampstead POD Substation, Pender County, NC at least 30 years of old and includes pines that are greater than 60 years old. Stand 6 This stand includes silvicultural areas. An aerial photo review determined that this stand was clearcut in 2013 leaving no trees. Pines observed in this stand are very dense and generally less than 3-inch DBH. Stand 7 This stand includes silvicultural areas. An aerial photo review determined that this stand was extensively timbered in 2006 and 2007 leaving less than 10% of the pine trees. The canopy in this stand is dominated by loblolly pine. The understory and midstory varies from open to moderately dense. Individual pines measured in this stand ranged from 7 to 16 inches DBH+. This stand is estimated to have greater than 90% canopy cover of pine species that are at least 30 years of old and includes pines that are greater than 60 years old. Stand 8 This stand includes pine forested areas. The canopy in this stand is dominated by longleaf pine. Scattered loblolly pine is also present in the canopy. The understory and midstory varies from open to moderately dense. Individual pines measured in this stand ranged from 7 to 16 inches DBH. This stand is estimated to have greater than 90% canopy cover of pine species that are at least 30 years of old and includes pines that are greater than 60 years old. Stand 9 This stand is dominated by hardwood species with scattered loblolly pine individuals. This stand includes less than 10% pine species. Stand 10 This stand includes silvicultural areas. The canopy in this stand is dominated by loblolly pine. The understory and midstory varies from open to moderately dense. Individual pines measured in this stand ranged from 9 to 12 inches DBH, with one tree measured at 32 inches DBH. This stand is estimated to have greater than 90% canopy cover of pine species that are at least 30 years of old and includes pines that are greater than 60 years old. Stand 11 This stand includes silvicultural areas. An aerial photo review determined that this stand was clearcut in 2013. The canopy in this stand is dominated by loblolly pine. The understory and midstory are moderately dense. Individual pines measured in this stand ranged from 5 to 7 inches DBH. Pine coverage in this stand is estimated to be greater than 90%. This stand does not include pine species that are at least 30 years of old or include pines that are greater than 60 years old. Stand 12 This stand includes a small relict mixed pine/hardwood forested area surrounded by residential areas. The canopy includes lobolly pine, water oak (Quercus nigra), willow oak (Quercus phellos), and sweet gun (Liquidambar styrac flua). The understory and midstory is moderately dense. Individual pines measured in this stand ranged from 12 to 15 inches DBH. Pine coverage in this stand is estimated to be approximately 30%. Stand 13 This stand includes pine forested area surrounded by residential areas. The canopy in this stand is dominated by loblolly pine. The understory and midstory varies from open to moderately dense. Individual pines measured in this stand ranged from 9 to 15 inches DBH. This stand is estimated to have greater than 90% canopy cover of pine species that are at least 30 years of old and includes pines that are greater than 60 years old. Stand 14 This stand is dominated by hardwood species with scattered loblolly pine individuals. This stand includes less than 10% pine species. Stand 15 Ms. Briana Eddy Booth & Associates, LLC 21 December 2022 Page 4 — Hampstead POD Substation, Pender County, NC This stand includes pine forest associated with a residential area. An aerial photo review determined that this stand was extensively cleared for residential development in 2004 leaving scattered pines. Pine species observed included longleaf pine and loblolly pine and ranged from 8 to 15 inches DBH. This stand is estimated to have approximately 60% canopy cover of pine species that are at least 30 years of old and includes pines that are greater than 60 years old. Stand 16 This stand includes silvicultural areas. An aerial photo review determined that this stand was extensively timbered in 2004 leaving less than 10% of the pine trees. The canopy in this stand is dominated by loblolly pine. The understory and midstory varies from moderately to very dense. Individual pines measured in this stand ranged from 7 to 17 inches DBH. This stand is estimated to have greater than 90% canopy cover of pine species that are at least 30 years of old and includes pines that are greater than 60 years old. Stand 17 This stand includes silvicultural areas. An aerial photo review determined that this stand was extensively timbered in 1998 leaving less than 10% of the pine trees. The canopy in this stand is dominated by loblolly pine. The understory and midstory varies from moderately to very dense. Individual pines measured in this stand ranged from 7 to 11 inches DBH. This stand is estimated to have greater than 90% canopy cover of pine species that are at least 30 years of old and includes pines that are greater than 60 years old. Stand 18 This stand includes silvicultural areas. The canopy in this stand is dominated by loblolly pine. The understory and midstory varies from open to moderately dense. Individual pines measured in this stand ranged from 6 to 19 inches DBH. This stand is estimated to have greater than 90% canopy cover of pine species that are at least 30 years of old and includes pines that are greater than 60 years old. Stand 19 This stand includes pine forested area surrounded by residential areas. The canopy in this stand is dominated by loblolly pine. The understory and midstory varies from open to moderately dense. Individual pines measured in this stand ranged from 10 to 16 inches DBH. This stand is estimated to have greater than 90% canopy cover of pine species that are at least 30 years of old and includes pines that are greater than 60 years old. Stand 20 This stand includes pine forested area surrounded by residential areas. The canopy in this stand is dominated by loblolly pine. The understory and midstory varies from open to moderately dense. Individual pines measured in this stand ranged from 10 to 16 inches DBH. This stand is estimated to have greater than 90% canopy cover of pine species that are at least 30 years of old and includes pines that are greater than 60 years old. Stand 21 This stand includes silvicultural areas. The canopy in this stand is dominated by loblolly pine. The understory and midstory varies from open to moderately dense. This stand was not able to be accessed during the field reconnaissance. However, an aerial photo review determined that this stand was last timbered in 2004. This stand is estimated to have greater than 90% canopy cover of pine species. Pines appear to be less than 30 years old and this stand does not appear to include pines that are greater than 60 years old. Stand 22 This stand is composed of a non -forested landscape composed primarily of residential areas, commercial buildings, and roadways. A few scattered pines were observed intermittently throughout this landscape. This stand includes less than 1% pine species. Stand 23 This stand is composed of a non -forested landscape composed primarily of utility easements, residential areas, commercial buildings, and roadways. A few scattered pines were observed intermittently throughout this Ms. Briana Eddy Booth & Associates, LLC 21 December 2022 Page 5 — Hampstead POD Substation, Pender County, NC landscape. This stand includes less than 1% pine species. Stand 24 This stand is dominated by hardwood species with scattered loblolly pine individuals. This stand includes less than 1% pine species. Stand 25 This stand is dominated by hardwood species with scattered loblolly pine individuals. This stand includes less than 10% pine species. Stand 26 This stand includes silvicultural areas. The canopy in this stand is dominated by loblolly pine. The understory and midstory varies from open to moderately dense. This stand was not able to be accessed during the field reconnaissance. However, an aerial photo review determined that this stand was last timbered prior to 1993. This stand is estimated to have greater than 90% canopy cover of pine species that are at least 30 years of old but does not appear to include pines that are greater than 60 years old. Table 1. Summary of stands evaluated. Stand No. Typical DBH Ran e a Estimated % Pine Suitable Foraging Habitat Present Suitable Nesting Habitat Present Notes 1 6-19 >90 Yes Yes Longleaf dominant 2 11-16 >90 Yes Yes Silviculture 3 4-12 >90 Yes No Silviculture 4 NA NA No No clearcut 5 7-10 >90 Yes Yes Silviculture 6 NA NA No No clearcut 7 7-16 >90 Yes Yes Silviculture 8 7-16 >90 Yes Yes Longleaf dominant 9 NA <10 No No Hardwood 10 9-12, 32 >90 Yes Yes Silviculture 11 5-7 >90 No No Silviculture 12 12-15 30 No No Pine/hardwood 13 9-15 >90 Yes Yes Loblolly dominant 14 NA <10 No No Hardwood 15 8-15 60 Yes Yes Residential 16 7-17 >90 Yes Yes Silviculture 17 7-11 >90 Yes Yes Silviculture 18 6-19 >90 Yes Yes Silviculture 19 10-16 >90 Yes Yes Loblolly dominant 20 10-16 >90 Yes Yes Loblolly dominant 21 NA- >90 No No Silviculture 22 NA <1 No No Urbanland 23 NA <1 No No Urbanland 24 NA <10 No No Hardwood 25 NA <10 No No Hardwood 26 NA- >90 Yes No Silviculture 'Diameter at Breast Height (DBH) in inches for pines. b No trees present. Stand not visited and evaluated from distance and/or with aerial photos. Conclusions Potentially suitable foraging and nesting habitat for red -cockaded woodpecker occurs in the project area and within 0.5-mile project area. Stand 1, which includes the project area is dominated by longleaf pine and includes longleaf pine that is large/old enough to be considered nesting habitat. No red -cockaded woodpecker individuals, cavity trees, or cavity tree starts were found during the pedestrian surveys of the project area and areas within 200 feet of Ms. Briana Eddy Booth & Associates, LLC 21 December 2022 Page 6 — Hampstead POD Substation, Pender County, NC the project area. In addition, no red -cockaded woodpecker individuals, cavity trees, or cavity tree starts were observed within 0.5-mile of the project area during the limited survey completed for these stands from publicly accessible rights -of -way. Since no red -cockaded woodpecker cavity trees or cavity tree starts were observed within the project area or within 0.5-mile and there are no known records of red -cockaded woodpeckers within 1.5-mile of the project area we anticipate that the USFWS will concur with a determination of "May Affect, Not Likely to Adversely Affect." To facilitate this determination, we have completed a draft of the SLOPES evaluation form (Attachment 3) and after your review and confirmation, this letter and supporting information could be used to request concurrence from the USFWS and Corps of Engineers. Please contact us with any questions or items you wish to discuss. We appreciate the opportunity to assist you with this project. Sincerely, CZR INCORPORATED A117111 /1;v� Matt Smith Senior Environmental Scientist Wilmington, NC CP4 2355 CC: Sam Cooper, CZR Incorporated Attachments: 1. Figures (1-topo, 2-Stands Evaluated) 2. Site Photos 3. Draft SLOPES Evaluation Form 4. Results of NCNHP database search Mwd G� Legend PROJECT AREA Pr I PROJECT LOCJATION ` VICINITY MAP EASTERN COUNTIES, NC 0 200 400 800 I i I I Copyright:© 2013 National Geographic Society, i-cubed Scale in Feet TOPOGRAPHIC MAP FOUR COUNTY EMC HAMPSTEAD POD SUBSTATION RED-HEADED WOODPECKER EVALUATION SCALE: AS SHOWN APPROVED BY: DRAWN BY: TLJ DATE: 01 /17/22 FILE: RCW TOPO_ 4709 COLLEGE ACRES DRIVE F__CZR--� SUITE 2 CP# 2355.00 ENVIRONMENTAL CONSULTANTS WILMINGTON, NC 28403 L L TEL 910/392-9253 FIGURE 1 Al FAX 910/392-9139 CP #2355 1 of 2 CZR Incorporated Attachment 1 December 2022 i f 4 V , W! I PIP PROJECT AREA 200 FT OFF -SET 0.25 MILE OFF -SET 0.5 MILE OFF -SET STAND AND NUMBER PHOTO POINT AND NUMBER FOREST STANDS EVALUATED FOUR COUNTY EMC HAMPSTEAD POD SUBSTATION RED -COCKADED WOODPECKER EVALUATION SCALE: AS SHOWN APPROVED BY: DRAWN BY: TLJ DATE: 1 2/07/22 FILE: 2355_RCW 0 800 1,600 F--CZR CP#2355.00 ENVIRONMENTAL CONSULTANTS SCALE IN FEET L FIGURE 2 CP #2355 2 of 2 CZR Incorporated Attachment 1 December 2022 " ' A-4, !f4, ;i jJ4 , WA 'AOL. IRA Fo ON it L 1 -.4 ltk . r � ,; :' ;: ;.� � ,� .� fie: �Y' .. ,�"r::••;..: x „r t ti 11 do T IV_ -I- L P5 Id m L fL M-7 Photo 11 — View of Stand 3 looking northwest on 17 November 2022. Photo 12 — View through Stand 23 (urban land) of Stand 4 looking south on 17 November 2022. CP #2355 6 of 23 CZR Incorporated Attachment 2 December 2022 ,.7&Mir 4ir �Jo vil, -!_�,. ..fit i �. f. +� i�•� �,/y r'% �, 7"" - } W - Photo 17 — View of Stand 5A looking east on 17 November 2022. Photo 18 — View of Stand 1 looking north on 17 November 2022. CP #2355 9 of 23 CZR Incorporated Attachment 2 December 2022 r I iK1* �.•r o.J �� ,.f '.•y.41r�, .... Y sy�sspp 7 fr*y3 CF f Mm 1y 4 Y Y .."ill 'Z5: ,{ F $may ■ .f i ram{ ti �_ }a ■�. �r.' ly i1 �h.� \ LLcv ♦7 � r � 1 ', I .- • � %�"M1- �, ;_ ' fir• r r F • Photo 33 — View of Stand 22 (urban land) and Stand 14 looking east on 22 November 2022. IL - MpF t � j ems--'WW-k4z Photo 34 — View of Stand 22 (urban land) and Stand 14 looking southeast on 22 November 2022. CP #2355 17 of 23 CZR Incorporated Attachment 2 December 2022 s4 z� 4 -' - ME JAW k I* ry■ 4F Photo 37 — View of Stand 19 looking northwest on 22 November 2022. Photo 38 — View of Stand 22 (urban land) and Stand 20 looking north on 22 November 2022. CP #2355 19 of 23 CZR Incorporated Attachment 2 December 2022 Photo 39 — View of Stand 22 (urban land) and Stand 13 looking north on 22 November 2022. Photo 40 — View of Stand 22 (urban land) and Stand 16 looking west on 22 November 2022. CP #2355 20 of 23 CZR Incorporated Attachment 2 December 2022 Photo 41 — View of Stand 16 looking northwest on 22 November 2022. fi1��i.'a'T'r '.3'S., 'f. .�:- :�-�'.1�.'�4 Ki' �'� .�`.x} . J'.• •-rL 7Y����rr��.` trl'�' ''} . � f iL" :' .{+��}.'N rV Photo 42 — View of Stand 16 looking west on 22 November 2022. CP #2355 21 of 23 CZR Incorporated Attachment 2 December 2022 Photo 45 — View of Stand 2 looking southwest on 22 November 2022. Photo 46 — View of Stand 18 looking northeast on 22 November +2022. CP #2355 23 of 23 CZR Incorporated Attachment 2 December 2022 Appendix B — Red -cockaded Woodpecker Effects Determination Key ORM2 No.: Date 12/21/2022 USFWS Reference No. (if applicable): NA 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...................................................................................................................................................Noe ect z 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) ................. OED 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...................................................................................................................................................Noe ect 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 dbh')? a) Yes......................................................................................................................................................go to 5 b) No...................................................................................................................................................No of ect z 5) Will any activity in the action area' 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......................................................................................................................................................... CP #2355 1 of 3 CZR Incorporated Attachment 3 December 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....................................................................................................................................................... o to 9 b) No.........................................................................................................................................................go o 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 PA b) No......................................................................................................................................................... 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.........................................................................................................................................................NLAA' 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/PM List.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)l 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 trees'. 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? PENDING REVIEW - this report may be submitted for USFWS review/concurrence 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 wi t e results (no RCW cavity trees were observed).............................................................................. NLAA3 c) No, the USACE determined that a survey was not required and the USFWS concurred.............................................................................................................................................NLAA' 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 CP #2355 2 of 3 CZR Incorporated Attachment 3 December 2022 11) Has a foraging habitat analysis (FHA)' been conducted to determine whether enough foraging habitat would remain for each RCW group post -project? For information on how to conduct an FHA', refer to the "Procedures for Determining Foraging Habitat Availability" and the Private Land Guidelines.' a) Yes, the FHA' 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 FHA' by the USACE along with concurrence from USFWS determined inadequate amounts of foraging habitat would remain post -project......... Consultation required' c) No, an FHA' 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. 'No 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/rcwrecoverv/files/RecoveryPlan/survey protocol.pdf) -'Consultation 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/rcwrecoverv/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/rcwrecoverv/files/RecovervPlan/private lands guidelines.pdf). a FHA — When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence. Additional Information CP #2355 3 of 3 CZR Incorporated Attachment 3 December 2022 Roy Cooper, Governor 0■0■0 INC DEPARTMENT OF ■■0■o NATURAL AND CULTURAL RESOURCES ■ ■■■ December 21, 2022 Kayla Hess CZR Inc 4709 College Acres Drive Wilmington, NC 28403 RE. Info Request ID. 237 Dear Kayla Hess. D_ Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-20333 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: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or 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 rod nev.butlerWncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL_ AND CULTURAL RESOVRCES Q 121 W. JONE5 STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 918.707.9120 • FAX 919.707.9121 CP #2355 1 of CZR Incorporated Attachment 4 December 2022 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Info Request ID. 237 December 21, 2022 NCNHDE-20333 Element Occurrences Documented Within Project Area axono EO ID Scientific Nam ommon Name Last Element Accuracy Federal r State Global State Group Observation Occurrence Status Status Rank Rank JW Date Rank Vascular Plant 1905 Solidago verna Spring -flowering 1984-05-16 H 3-Medium --- Threatened G3 S3 Goldenrod No Natural Areas are Documented within the Project Area No Managed Areas Documented within the Project Area Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on December 21, 2022; source: NCNHP, Q3, October 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. CP #2355 2 of 5 CZR Incorporated Attachment 4 December 2022 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Info Request ID. 237 December 21, 2022 NCNHDE-20333 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last � Element Accuracy Federal State Global State Group servation Occurrence Status Rank Rank Date = Rank tatus J Bird 36568 Peucaea aestivalis Bachman's Sparrow 2013-04-16 E 3-Medium --- Special G3 S3B,S2 Concern N Dragonfly or 33765 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S1? Damselfly georgiana Low Rare Freshwater 26076 Elliptic marsupiobesa Cape Fear Spike 2000-04-12 H? 3-Medium --- Special G3Q S2 Bivalve Concern Freshwater Fish36827 Notropis chalybaeus Ironcolor Shiner 1962-06-28 H 3-Medium --- Significantly G4 S2S3 Rare Mammal 24390 Corynorhinus Eastern Big -eared Bat 2006-Pre E 5-Very --- Special G3G4T S3 rafinesquii macrotis Low Concern 3 Mammal 32126 Myotis septentrionalis Northern Long-eared 1994-Post H? 5-Very T/PE Threatened G2G3 S2 Bat Low Reptile 3970 Alligator American Alligator 2018-02-26 E 4-Low Threatened Threatened G5 S3 mississippiensis Similar Appearance Vascular Plant 14003 Bacopa caroliniana Blue Water -hyssop 1981-05-22 E 3-Medium --- Threatened G4G5 S1 Vascular Plant 16150 Cardamine longii Long's Bittercress 1981-05-22 H 3-Medium --- Special GY S2 Concern Vulnerable Vascular Plant 5169 Chasmanthium nitidumA Spanglegrass 1997-07-29 H 3-Medium --- Threatened G3G4 S1 Vascular Plant 4058 Lachnocaulon minus Brown Bogbutton 1991-06-06 E 4-Low --- Threatened G3G4 S2 Vascular Plant 27013 Oenothera riparia Riverbank Evening- 2004-06-18 C 3-Medium --- Significantly G2G3 S2S3 primrose Rare Limited Vascular Plant 1905 Solidago verna Spring -flowering 1984-05-16 H 3-Medium --- Threatened G3 S3 Goldenrod Vascular Plant 22479 Steironema hybridum Lowland Loosestrife 1997-07-29 E 3-Medium --- Significantly G5 S2? Rare Peripheral Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Representational Rating Northeast Cape Fear River Floodplain R1 (Exceptional) ollective Rating C1 (Exceptional) CP #2355 3 of 5 CZR Incorporated Attachment 4 December 2022 Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type North Carolina Coastal Land Trust Easement North Carolina Coastal Land Trust Private Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on December 21, 2022; source: NCNHP, Q3, October 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. CP #2355 4 of 5 CZR Incorporated Attachment 4 December 2022 NCNHDE-20333: Info Request ID: 237 z,o 0 a a� a� � oa l 210 Kea ♦ n Creek Rd `tee ♦S�a�a L N N, 1: � ` 0 0.5 1 Brown T,�,MIles S I i i i I i I i I December 21, 2022 ® NHP Natural Area (NHNA) ® Managed Area (MAREA) Q Buffered Project Boundary Q Project Boundary So uross. Fsh, Airbus DS. USGS. NGA. NASA, CGIAR. N Robinson. NCFAS. NLS. OS, NMA. Geodatastyrelsen, Rijkswaterstaat GSA, Geoland, FFMA, It-mapand the GIS user community Sources. Esri, HERE. Garm in. FAO. NOAA, USGS. © OpenStreetMap contributors, and the GIS User in, CP #2355 5 of 5 CZR Incorporated Attachment 4 December 2022