HomeMy WebLinkAbout20230715 Ver 1_Fairhaven Meadows Supplemental Information Final2_20230519Stantec Consulting Services Inc.
801 Jones Franklin Road, Suite 300
Stantec Raleigh NC 27606-3394
May 18, 2023
Project/File: Fairhaven Meadows
Shannon Healy, Regulatory Project Manager
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Dear Shannon Healy, Regulatory Project Manager,
Reference: Fairhaven Meadows NWP #3 PCN
Following this letter please find supplemental information to the preconstruction notification (PCN) for a
Nationwide Permit #3 for a pipe maintenance project on a UT to Davidson River for the Fairhaven Meadows
development in Brevard, NC.
The goal of the project is to maintain a piped stream reach that crosses the site as it has been for at least
the last thirty years. This will provide a suitable building location for the Fairhaven Meadows development, a
proposed 60-unit affordable housing development consisting of multiple buildings. The stream that crosses
the site is currently piped in an 18" CMP. In order to maintain the piped reach, the pipe must be replaced
with a 30" RCP prior to construction of the housing development. No other impacts to waters are anticipated
from the development project.
A copy of the PCN and supplemental data has been provided to NCWRC.
Regards,
STANTEC CONSULTING SERVICES INC.
Ruiz,
Melissa
Melissa Ruiz PWS
Principal
Mobile: 919-649-0545
melissa.ruiz@stantec.com
Digitally signed by
Ruiz, Melissa
Date: 2023.05.19
07:53:57-04'00'
Attachment: PCN Supplemental Information
Design with community in mind
® Stantec
FAIRHAVEN MEADOWS
Supplemental Information
May 17, 2023
Prepared for:
Commonwealth Development Corporation of
America
Prepared by:
Stantec Consulting Services Inc
Raleigh, NC
Table of Contents
SITEPHOTOS..............................................................................................................1
2 PRE -APPLICATION AND AGENT AUTHORIZATION.................................................6
3 FIGURES AND DRAWINGS.........................................................................................9
3.1 Vicinity Map................................................................................................................................. 10
3.2 USGS Map.................................................................................................................................. 11
3.3 Potential Jurisdictional Features Map......................................................................................... 12
3.4 HPOWEB 2.0 Cultural Resources Map....................................................................................... 13
3.5 Existing Conditions...................................................................................................................... 14
3.6 Impact Drawing............................................................................................................................ 15
4 THREATENED AND ENDANGERED SPECIES.........................................................16
KI
Fairhaven Meadows
1 Site Photos
Photo 2 Stream SA entering pipe
M
Fairhaven Meadows
1 Site Photos
I
L, 4rla&A' Op
Photo 3 Pipe carrying stream SA
B
Fairhaven Meadows
1 Site Photos
Photo 4 Open field with piped channel (SA)
Fairhaven Meadows
1 Site Photos
Photo 5 Inlet into piped channel (SA)
5
Fairhaven Meadows
2 Pre -Application and Agent Authorization
2 Pre -Application and Agent Authorization
From: Ruiz, Melissa
To: 401PreFile(u ncdenr.aov
Subject: 401/Buffer Pre -filing Meeting Request
Date: Tuesday, February 28, 2023 10:53:00 PM
Please fill out the following information
Project Name: Fairhaven Meadows
County: Transylvania
Applicant Name: Jonathan Nesburg, Commonwealth Development Corporation
Applicant Email: j.nesburg@commonwealthco.net
**Please note that multiple projects may be submitted within the same email by supplying all the above
information for each project.
***In the event your email is not allowing auto -responses, please save a copy of your sent email for your
records and if necessary use that copy in application/form submittal.
DocuSign Envelope ID: 23303DDF-E587-4672-B7B5-053011 EDCDOA
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. PLAN NO. PARCEL ID: 8597-24-8025-000
STREET ADDRESS: US Hwy 64, Brevard North Carolina 28712
Please print:
Property Owner: Stamm Carl P & Kathleen J Co Trustees
The undersigned, registered property owners of the above noted property, do hereby authorize
Melissa Ruiz
(Contractor / Agent)
of Stantec Consulting Services Inc.
(Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
213 Carrington Ct, Hendersonville, NC 28739
Telephone:
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
[—(;
Siyyg�nedCby::: I - J l awm
Au ' rd f IALure
Date: 4/20/2023
DocuSigned by:
,J • J l AALl:4'l
Au'tffMid&Offkure
Date: 4/20/2023
Fairhaven Meadows
3 Figures and Drawings
3 Figures and Drawings
Vicinity Map
USGS Map
Potential Jurisdictional Features Map
HPOWEB 2.0 Cultural Resources Map
Existing Conditions
Impact Drawing
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Fairhaven Meadows, 8revard, TR by ALC on 2023-03-17
Transylvania County, NC IR Review by MMR on 2023-03-24
Client/Project 215617608 REVA
Notes Fairhaven Meadows
1. Coordinate System: NAD 1983 StatePlane North
Carolina FIPS 3200 Feet Figure No.
2. Background: Sources: Esri, HERE, Garmin, ,
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Japan, METI, Esri China (Hong Kong), Esri Korea, Title
Esri (Thailand), NGCC, (c) OpenStreetMap Vicinity Map
contributors, and the GIS User Community
Disclaimer: This document has been prepared based on information provided by others as cited in the Notes section. Stantec has not verified the accuracy and/or completeness of this information and shall not be responsible for any
errors or omissions which may be incorporated herein as a result. Stantec assumes no responsibility for data supplied in electronic format and the recipient accepts full responsibility for verifying the accuracy and completeness of the
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Client/Pr ject 215617608 REVA
Notes Fairhaven Meadows
1. Coordinate System: NAD 1983 Statelalane North
Carolina FIPS 3200 Feet
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Disclaimer: This document has been prepared based on information provided by others as cited in the Notes section. Stantec has not verified the accuracy and/or completeness of this information and shall not be responsible for any
errors or omissions which may be incorporated herein as a result. Stantec assumes no responsibility for data supplied in electronic format and the recipient accepts full responsibility for verifying the accuracy and completeness of the
data.
Notes
1. Coordinate System: NAD 1983 State Plane North
Carolina FIPS 3200 Feet:
2. Background: Source: Esn, DigitalGlobe, GeoEye,
Earthstar Geographics, CNES/Airbus US, USDA,
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5 Stantec
Pr jest Location Prepared by GRG on 2023-03-17
Fairhaven Meadows, Brevard, TR by ALC on 2023-03-17
Transylvania County, NC IR Review by MMR on 2023-03-24
ClienVPr jest 215617608 REVA
Fairhaven Meadows
Potential Jurisdictional Features
Map
Disclaimer: This document has been prepared based on information provided by others as cited in the Notes section. Stantec has not verified the accuracy and/or completeness of this information and shall not be responsible for any errors
or omissions which may be incorporated herein as a result. Stantec assumes no responsibility for data supplied in electronic format, and the recipient accepts full responsibility for verifying the accuracy and completeness of the data.
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Fairhaven Meadows
4 Threatened and Endangered Species
4 Threatened and Endangered Species
D Key Consultation Letter and Official IPaC List
2023 T&E Habitat Characterization Report, Unaka Environmental, LLC
*note Unaka report also includes an unofficial list from beginning of 2023.
16
4.: United States Department of the Interior
p
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
In Reply Refer To:
Project code: 2023-0061747
Project Name: Fairhaven
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Technical assistance for 'Fairhaven'
Dear Trevor Walker:
ear' ln AMMU
WX
May 18, 2023
This letter records your determination using the Information for Planning and Consultation
(IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on May 18, 2023, for
'Fairhaven' (here forward, Project). This project has been assigned Project Code 2023-0061747
and all future correspondence should clearly reference this number. Please carefully review this
letter. Your Endangered Species Act (Act) requirements are not complete.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species' determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis. All information submitted by the Project proponent into
the IPaC must accurately represent the full scope and details of the Project. Failure to accurately
represent or implement the Project as detailed in IPaC or the Northern Long-eared Bat
Rangewide Determination Key (Dkey), invalidates this letter.
Determination for the Northern Long -Eared Bat
Based upon your IPaC submission and a standing analysis, your project is not reasonably certain
to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15
days of the date of this letter that your IPaC-assisted determination was incorrect, this letter
verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat.
05/18/2023 IPaC Record Locator: 968-124305645
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species and/or critical habitat that also may occur in your Action area:
• Appalachian Elktoe Alasmidonta raveneliana Endangered
• Bog Turtle Glyptemys muhlenbergii Similarity of Appearance (Threatened)
• Gray Bat Myotis grisescens Endangered
• Longsolid Fusconaia subrotunda Threatened
• Monarch Butterfly Danaus plexippus Candidate
• Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii Endangered
• Rock Gnome Lichen Gymnoderma lineare Endangered
• Small Whorled Pogonia Isotria medeoloides Threatened
• Swamp Pink Helonias bullata Threatened
• Tricolored Bat Perimyotis sub flavus Proposed Endangered
• Virginia Spiraea Spiraea virginiana Threatened
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species listed above. Note that if a new species is listed that may be affected by the
identified action before it is complete, additional review is recommended to ensure compliance
with the Endangered Species Act.
Next Steps
Consultation with the Service is necessary. The project has a federal nexus (e.g., funds, permit),
but you are not the federal action agency or its designated (in writing) non-federal representative.
Therefore, the ESA consultation status is incomplete and no project activities should occur until
consultation between the Service and the Federal action agency (or designated non-federal
representative), is completed. Section 7 consultation is not complete until the federal action
agency submits a determination of effects, and the Service concurs with the federal action
agency's determination. Please provide this technical assistance letter to the lead federal action
agency or its designated non-federal representative with a request for its review.
As the federal agency deems appropriate, they should submit their determination of effects to the
appropriate Ecological Services Field Office. The lead federal action agency or designated non-
federal representative can log into IPaC system using their agency email account and click
"Search by record locator" to find this Project using 968-124305645.
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for the northern long-eared bat. However,
the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
05/18/2023 IPaC Record Locator: 968-124305645
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place before project implements any changes which are final or commits
additional resources.
If you have any questions regarding this letter or need further assistance, please contact the
Asheville Ecological Services Field Office and reference Project Code 2023-0061747 associated
with this Project.
05/18/2023 IPaC Record Locator: 968-124305645 4
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Fairhaven
2. Description
The following description was provided for the project 'Fairhaven':
Replace pipe carrying a stream that traverses a 4.65 acre parcel in Brevard, NC.
Construct apartment buildings, parking lots, stormwater collection system, etc on
a portion of the parcel.
The approximate location of the project can be viewed in Google Maps: https://
www. oogle.com/maps/(a)35.2702802,-82.71034360875333,14z
05/18/2023 IPaC Record Locator: 968-124305645
DETERMINATION KEY RESULT
Based on the answers provided, the proposed Action is consistent with a determination of "may
affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis
septentrionalis).
QUALIFICATION INTERVIEW
1. Does the proposed project include, or is it reasonably certain to cause, intentional take of
the northern long-eared bat or any other listed species?
Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to
research, direct species management, surveys, and/or studies that include intentional handling/encountering,
harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed
species?
No
2. Do you have post -white nose syndrome occurrence data that indicates that northern long-
eared bats (NLEB) present in the action area? Bat occurrence data may include
identification of NLEBs in hibernacula, capture of NLEBs, tracking of NLEBs to roost
trees, or confirmed acoustic detections.
No
3. Does any component of the action involve construction or operation of wind turbines?
Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part
of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).
No
4. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
Yes
Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in
whole or in part?
No
6. Are you an employee of the federal action agency or have you been officially designated in
writing by the agency as its designated non-federal representative for the purposes of
Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?
Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and
to help determine whether an incidental take permit may be needed, respectively. This question is for information
purposes only.
No
05/18/2023 IPaC Record Locator: 968-124305645 6
7. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal
Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or
Federal Communications Commission (FCC) funding or authorizing the proposed action,
in whole or in part?
No
8. Have you determined that your proposed action will have no effect on the northern long-
eared bat? Remember to consider the effects of any activities that would not occur but for
the proposed action.
If you think that the northern long-eared bat may be affected by your project or if you
would like assistance in deciding, answer "No" below and continue through the key. If you
have determined that the northern long-eared bat does not occur in your project's action
area and/or that your project will have no effects whatsoever on the species despite the
potential for it to occur in the action area, you may make a "no effect" determination for
the northern long-eared bat.
Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal
agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will
not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or
verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may
be affected by your project or if you would like assistance in deciding, please answer "No" and continue through
the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS
would be required if your action may affect another listed species or critical habitat. The definition of Effects of
the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key-
s elected -definitions
No
9. Does the action area contain any caves (or associated sinkholes, fissures, or other karst
features), mines, rocky outcroppings, or tunnels that could provide habitat for hibernating
northern long-eared bats?
No
10. Does the action area contain or occur within 0.5 miles of (1) talus or (2) anthropogenic or
naturally formed rock crevices in rocky outcrops, rock faces or cliffs?
No
11. Is suitable summer habitat for the northern long-eared bat present within 1000 feet of
project activities?
(If unsure, answer "Yes.")
Note: If there are trees within the action area that are of a sufficient size to be potential roosts for bats (i.e., live
trees and/or snags >_3 inches (12.7 centimeter) dbh), answer "Yes". If unsure, additional information defining
suitable summer habitat for the northern long-eared bat can be found at: https://www.fws.gov/media/northern-
long-eared-bat-as sisted-determination-key-s elected -definitions
Yes
05/18/2023 IPaC Record Locator: 968-124305645
12. Will the action cause effects to a bridge?
No
13. Will the action result in effects to a culvert or tunnel?
No
14. Does the action include the intentional exclusion of northern long-eared bats from a
building or structure?
Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming
bats, it should be done according to established standards. If your action includes bat exclusion and you are
unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use
in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field
Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control
Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to
find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control
Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in
structures
No
15. Does the action involve removal, modification, or maintenance of a human -made structure
(barn, house, or other building) known or suspected to contain roosting bats?
No
16. Will the action cause construction of one or more new roads open to the public?
For federal actions, answer `yes' when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
No
17. Will the action include or cause any construction or other activity that is reasonably certain
to increase average daily traffic on one or more existing roads?
Note: For federal actions, answer `yes' when the construction or operation of these facilities is either (1) part of
the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding,
etc.). .
No
18. Will the action include or cause any construction or other activity that is reasonably certain
to increase the number of travel lanes on an existing thoroughfare?
For federal actions, answer `yes' when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
No
05/18/2023 IPaC Record Locator: 968-124305645
[3
19. Will the proposed action involve the creation of a new water -borne contaminant source
(e.g., leachate pond pits containing chemicals that are not NSF/ANSI 60 compliant)?
No
20. Will the proposed action involve the creation of a new point source discharge from a
facility other than a water treatment plant or storm water system?
No
21. Will the action include drilling or blasting?
No
22. Will the action involve military training (e.g., smoke operations, obscurant operations,
exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use)?
No
23. Will the proposed action involve the use of herbicides or pesticides other than herbicides
(e.g., fungicides, insecticides, or rodenticides)?
No
24. Will the action include or cause activities that are reasonably certain to cause chronic
nighttime noise in suitable summer habitat for the northern long-eared bat? Chronic noise
is noise that is continuous or occurs repeatedly again and again for a long time.
Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at:
https://www.fws. gov/media/northern-long-eared-bat-as sisted-determination-key-s elected -definitions
No
25. Does the action include, or is it reasonably certain to cause, the use of artificial lighting
within 1000 feet of suitable northern long-eared bat roosting habitat?
Note: Additional information defining suitable roosting habitat for the northern long-eared bat can be found at:
https://www.fws. gov/media/northern-long-eared-bat-as sisted-determination-key-s elected -definitions
Yes
26. Will the action use only downward -facing, full cut-off lens lights (with same intensity or
less for replacement lighting)
when installing new or replacing existing permanent lights? Or for those transportation
agencies using the Backlight, Uplight, Glare (BUG) system developed by the Illuminating
Engineering Society, will all three ratings (backlight, uplight, and glare) be as close to zero
as is possible, with a priority of "uplight" of 0?
Yes
27. Will the action direct any temporary lighting away from suitable northern long-eared bat
roosting habitat during the active season?
Note: Active season dates for northern long-eared bat can be found here: https://www.fws.gov/media/inactive-
s eas on -dates -swarming -and -staging -areas.
No
05/18/2023 IPaC Record Locator: 968-124305645
28. Will the proposed action result in the cutting or other means of knocking down, bringing
down, or trimming of any trees suitable for northern long-eared bat roosting?
Note: Suitable northern long-eared bat roost trees are live trees and/or snags >_3 inches dbh that have exfoliating
bark, cracks, crevices, and/or cavities.
Yes
05/18/2023 IPaC Record Locator: 968-124305645
10
PROJECT QUESTIONNAIRE
Enter the extent of the action area (in acres) from which trees will be removed - round up
to the nearest tenth of an acre. For this question, include the entire area where tree removal
will take place, even if some live or dead trees will be left standing.
3.4
In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the
inactive (hibernation) season for northern long-eared bat? Note: inactive season dates for spring
staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-swarming-and-
staging-areas
0
In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the
active (non -hibernation) season for northern long-eared bat? Note: inactive season dates for
spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-
swarming-and-staging-areas
3.4
Will all potential northern long-eared bat (NLEB) roost trees (trees >_3 inches diameter at
breast height, dbh) be cut, knocked, or brought down from any portion of the action area
greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple
areas, select `Yes' if the cumulative extent of those areas meets or exceeds 0.1 acre.
Yes
Enter the extent of the action area (in acres) from which all potential NLEB roost trees will
be removed. If all NLEB roost trees will be removed from multiple areas, entire the total
extent of those areas. Round up to the nearest tenth of an acre.
3.4
For the area from which all potential northern long-eared bat (NLEB) roost trees will be
removed, on how many acres (round to the nearest tenth of an acre) will trees be allowed
to regrow? Enter `0' if the entire area from which all potential NLEB roost trees are
removed will be developed or otherwise converted to non -forest for the foreseeable future.
0
Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which
all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought
down?
No
Will all project activities by completed by April 1, 2024?
Yes
05/18/2023 IPaC Record Locator: 968-124305645 11
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Trevor Walker
Address:
521 East Morehead St., Suite 425
City:
Charlotte
State:
NC
Zip:
28202
Email
trevor.walker@stantec.com
Phone:
9803841091
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
4.: United States Department of the Interior
p
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
In Reply Refer To:
Project Code: 2023-0061747
Project Name: Fairhaven
ear' ln AMMU
WX
March 29, 2023
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 designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed 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.).
Please note that new species information can change your official species list. 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. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species 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
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be 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))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other
03/29/2023
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BABE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BABE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines 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. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, 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 Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
• Wetlands
03/29/2023
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:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
(828) 258-3939
03/29/2023
PROJECT SUMMARY
Project Code:
2023-0061747
Project Name:
Fairhaven
Project Type:
Clearing Forest
Project Description:
Pipe replacement on a 4.65 acre parcel near Brevard, NC. Eventually
public housing in the form of an apartment complex will be built on the
land.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)35.2702802,-82.71034360875333,14z
„ ,,e?fR,5
Counties: Transylvania County, North Carolina
03/29/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 11 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
Fisheriesl, 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 FWS 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.
MAMMALS
NAME
STATUS
Gray Bat Myotis grisescens
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
Threatened
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
REPTILES
NAME STATUS
Bog Turtle Glyptemys muhlenbergii Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA) Appearance
No critical habitat has been designated for this species. (Threatened)
Species profile: https://ecos.fws.gov/ecp/species/6962
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4
CLAMS
NAME
STATUS
Appalachian Elktoe Alasmidonta raveneliana Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5039
11RI*0&'
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME
STATUS
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4283
Small Whorled Pogonia Isotria medeoloides
Threatened
Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
Swamp Pink Helonias bullata
Threatened
Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4333
Virginia Spiraea Spiraea virginiana
Threatened
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1728
LICHENS
NAME STATUS
Rock Gnome Lichen Gymnoderma lineare Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3933
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
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USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
03/29/2023
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
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 Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 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 on 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 Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10
and Alaska.
https://ecos.fws.gov/ecp/species/9399
03/29/2023
VA
NAME
BREEDING
SEASON
Bobolink Dolichonyx oryzivorus Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Canada Warbler Cardellina canadensis Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 10
and Alaska.
Cerulean Warbler Dendroica cerulea Breeds Apr 27
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20
and Alaska.
https://ecos.fws.gov/ecp/species/2974
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25
and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
Golden -winged Warbler Vermivora chrysoptera Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20
and Alaska.
https://ecos.fws.gov/ecp/species/8745
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
Northern Saw -whet Owl Aegolius acadicus acadicus Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 31
(BCRs) in the continental USA
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 Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus 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
03/29/2023
3
NAME
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
PROBABILITY OF PRESENCE SUMMARY
BREEDING
SEASON
Breeds May 10
to Aug 31
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 10km 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:
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
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; 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.
03/29/2023
4
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.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SI EP OCT II INOV IDEC
II
Bald Eagle
Non -BCC
Vulnerable
Black -billed
Cuckoo t
BCC Rangewide
(CON)
Bobolink
BCC Rangewide ttt ttt ttt t T
(CON)
Canada Warbler ++++ ++++ ++++ MtBCC Rangewide -f
(CON)
Cerulean Warbler
BCC Rangewide
(CON)
Chimney Swift
++++ ++++ III
BCC Rangewide
(CON)
Eastern Whip -Poor-
f f f f
_I -M + } _ -t
++
will
If If If I
I I
BCC Rangewide
(CON)
Golden -winged
Warbler
+++ ++++ ++++ +++
BCC Rangewide
(CON)
Kentucky Warbler
BCC Rangewide
L I I L I I L I I I
L I
L
(CON)
Northern Saw -whet
Owl
T
BCC -BCR
Prairie Warbler ++++ ++++ 411" 1111 11
11 1111 I I I I I I I I 11144444
®E=====1311II3==a====1
I I I' 40 ++++ ++++ ++++ ++++
I I 11411111 moll 1*++ ++++ ++++
I I I I I I ++++ + tt t t + t t t t -}
III- ++++ 1*1041 1111 1111.
11 1111 I I I 11II1 1111 IIII III+
I I ++++ ++++ ++++ ++++ ++++
03/29/2023
5
BCC Rangewide
(CON) 11l 1111 11l ll1i 1111 1111 11 l 1111
Prothonotary + I I I I I I I I I I+ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Warbler
BCC Rangewide
(CON)
SPECIES JA1N11 FEB
1MAR APR MAY JUN JUL AUG SEP OCT1l 1N1OVl DEC
Red-headed Woodpecker
BCC Rangewide
(CON)
Rusty Blackbird I +++ ++ I
BCC -BCR
Wood Thrush ++++ ++++ ++++ BCC Rangewide +001Neil 00*0 loom Ift+ t I I I I I I I.
(CON)
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.gov/librq�r/
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-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 list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ 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
03/29/2023
warranting special attention because they are a BCC species in that area, an eagle (Eagle 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 Rapid Avian Information
Locator (RAIL,) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
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 how 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 or migrating in my 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 query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. 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.
03/29/2023
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.
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 Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
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.
03/29/2023
WETLANDS
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
RIVERINE
• R5UBH
03/29/2023
IPAC USER CONTACT INFORMATION
Agency:
Stantec
Name:
Trevor Walker
Address:
521 East Morehead St., Suite 425
City:
Charlotte
State:
NC
Zip:
28202
Email
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9803841091
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Unaka
Environmental, LLC
THREATENED & ENDANGERED SPECIES
HABITAT CHARACTERIZATION
Project Fairhaven Meadows
Pisgah Forest, NC
2023 T&E Habitat Characterization Report
Prepared for:
Josh Dunbar, VP
The EI Group Inc
2 10 1 Gateway Centre Boulevard, Suite 200
Morrisville, NC 27560
Submitted by:
Unaka Environmental, LLC
18 Woodridge Lane
Asheville, North Carolina 28806
Unaka Project Number 1 23-010-01
January 16, 2023
TABLE OF CONTENTS
Page
ExecutiveSummary............................................................................................................................... 1
Regulationdefinition..............................................................................................................................4
1.1 The Endangered Species Act...........................................................................................4
1.2 Threatened and Endangered Species in the Project Area .......................................... 4
SiteDescription....................................................................................................................................... 6
2.1 Site Location...................................................................................................................... 6
2.2 General Site Description.................................................................................................. 7
Scopeof Services..................................................................................................................................... 8
3.1 Performed Scope of Work......................................................................................... 8
3.2 Threatened 8s Endangered Species Habitat Assessment Methodology ............. 8
3.3 Habitat Descriptions of Target Species.................................................................. 9
Resultsof Fieldwork.............................................................................................................................14
4.1 Natural Community Descriptions......................................................................... 14
4.1 Target T&E Species results.................................................................................... 17
Conclusions............................................................................................................................................19
5.1 Conclusions.............................................................................................................. 19
References............................................................................................................................................... 20
SitePhotos............................................................................................................................................. A-1
Figures/Maps............................................................................................................................................. B-1
IPaCReport................................................................................................................................................ C-1
USFWSCommunications........................................................................................................................... D-1
USFS Botanical Survey Site Documentation Form..................................................................................... E-1
iv
EXECUTIVE SUMMARY
Unaka Environmental, LLC (Unaka) was retained by The EI Group Inc (EI Group) as the
ecological consultant to complete an evaluation of potential habitat for federally listed
threatened and endangered (T&,E) species habitat on +4.35-acres of forested and
agricultural land in an upland drainage of the Davidson River near Pisgah Forest, North
Carolina. This property is a single (1) parcel privately owned and being proposed for
affordable housing by Commonwealth Companies, LLC. Commonwealth has requested
HOME funds from the NC Housing Finance Agency received from the US Department of
Housing and Urban Development (HUD) to undertake this project known as Fairhaven
Meadows, to be located at 235 Asheville Highway, in Brevard, North Carolina 28712, for
the purpose of developing a 60-Unit Apartment Community (Project Fairhaven
Meadows).
The purpose of this project was to complete a T&E Habitat Characterization for nine
target species listed as federally endangered or threatened by USFWS and known to be
in the vicinity of the project area. These nine species include four flowering plants:
Small whorled pogonia (Isotria medoloides), Swamp pink (Helonias bullata), Mountain
sweet pitcher -plant (Sarracenia rubra ssp. jonesit), and Virginia spiraea (Spiraea
virginiana); one species of lichen: Rock gnome lichen (Gymnoderma lineare); one species
of mussel: Appalachian elktoe (Alasmidonta raveneliana); one species of reptile: Bog
turtle (Glyptemys muhlenbergit); as well as two mammals: Gray bat (Myotis grisescens)
and Northern long-eared bat (Myotis septentrionalis) on the subject property. Please see
Figures 1 through 4 for project location maps.
On January 1lth, 2023, Unaka, completed a habitat characterization study of the
proposed site for the above listed four (4) vascular plant species, one (1) species of lichen,
one (1) bivalve mollusk species, one (1) species of reptile, and two (2) species of bats on
the +4.35-acre Fairhaven Meadows property. Attached Figure 1 shows the general
location of the site on the 2022 Pisgah Forest, North Carolina, USGS topographical
quadrangle sheet. Figure 2 shows the site on the National Wetland Inventory Mapper.
Figure 3 shows the site on the NRCS Web Soil Survey. Figure 4 shows the Study Area
and parcel boundary of the Fairhaven Meadows property as depicted in ArcGIS Pro.
Figure 5 illustrates existing buildings and other structures also in ArcGIS Pro.
Environmental, LLC 1
This report documents federal Threatened and Endangered (T&,E) species or habitat
within the Study Area that could be potentially impacted by implementation of Project
Fairhaven Meadows. The nine listed species mentioned above are known to exist in the
vicinity of the project. This report focuses on the Study Area only and not any additional
area outside of the proposed Project Fairhaven Meadows. The potential direct and
indirect effects on federally listed T&E species are discussed herein. Federal Candidate
(C), North Carolina listed, and other species of concern listed by the USFS were not
identified or discussed for the purposes of this project. During the field evaluation, four
(4) natural communities, including one wetland, and one other "waters of the United
States" (WOTUS), an intermittent stream, were observed on the site. The natural
communities include Southeastern Ruderal Grassland 8v Shrubland, Southern
Appalachian Acidic Cove Forest (Typic Type), disturbed Southern Appalachian Acidic
Cove Forest (Typic Type), and Southern Appalachian riparian scrub -shrub wetland.
Unaka's professional opinion as to the presence or absence of appropriate habitat for
the nine T&E species on the Fairhaven Meadows property is represented within this
report and depicted in the attached Figures. Communication with USFWS has already
been initiated, but not an official consultation (See Appendix D). The purpose of this
project is to delineate the natural communities and determine whether said project
could potentially adversely affect any of the federally listed species.
Project Fairhaven Meadows is "not likely to adversely affect" the four flowering plants:
Small whorled pogonia (Isotria medoloides), Swamp pink (Helonias bullata), Mountain
sweet pitcher -plant (Sarracenia rubra ssp. jonesit), and Virginia spiraea (Spiraea
virginiana) due to lack of appropriate habitat. The project is "not likely to adversely
affect" the Rock gnome lichen (Gymnoderma lineare) due to lack of habitat. The project
is also "not likely to adversely affect" the mussel, Appalachian elktoe (Alasmidonta
raveneliana), or the one species of reptile, Bog turtle (Glyptemys muhlenbergit), also due
to lack of habitat for either species. Of the two mammals, the project is "not likely to
adversely affect" the Gray bat (Myotis grisescens) due to lack of appropriate habitat.
However, the project "may affect" federally listed Northern long-eared bat (Myotis
septentrionalis) on the subject property due to appropriate summer roosting habitat of
an old, rough -sawn oak barn in a mature forest adjacent to an intermittent stream.
However, if disturbance activities occur between November 15 and March 31, then the
Project Fairhaven Meadows is "not likely to adversely affect" Northern long-eared bats
as they would not be found on site during winter months. Disturbance or removal of
standing snags and old trees located on site should be conducted between November 15
and March 31 as suggested by the USFWS to best avoid all target T&,E bat species
possible summer roosting areas. All other listed species will have "no effect" due to the
proposed project as no appropriate habitat is located on site.
SECTION 1
REGULATION DEFINITION
1.1 The Endangered Species Act
The Endangered Species Act (ESA), enacted by US Congress in 1973, provides a program
for the conservation of threatened and endangered plants and animals and the habitats
in which they are found. The lead federal agency for implementing ESA in the US
interior is the U.S. Fish and Wildlife Service (USFWS). The law requires federal agencies,
in consultation with the U.S. Fish and Wildlife Service and/or the NOAA Fisheries
Service, to ensure that actions they authorize, fund, or carry out are not likely to
jeopardize the continued existence of any listed species or result in the destruction or
adverse modification of designated critical habitat of such species. The law also
prohibits any action that causes an "incidental taking" of any listed species of
endangered fish or wildlife. Likewise, import, export, interstate, and foreign commerce
of listed species are all generally prohibited. The purpose of the ESA is to protect and
recover imperiled species and the ecosystems upon which they depend.
1.2 Threatened and Endangered Species in the Project Area
Under the ESA, species may be listed as either endangered or threatened. "Endangered"
means a species is in danger of extinction throughout all or a significant portion of its
range. "Threatened" means a species is likely to become endangered within the
foreseeable future. All species of plants and animals, except pest insects, are eligible
for listing as endangered or threatened. For the purposes of the ESA, Congress defined
"species" to include subspecies, varieties, and, for vertebrates, distinct population
segments.
The USFWS provides an online tool, the Information for Planning and Consultation
(IPaC), as a project planning tool which streamlines the environmental review process
by providing information on the location of listed species and other USFWS trust
resources which could potentially be affected by a project. IPaC can assist in identifying
threatened or endangered species, critical habitat, migratory birds, or other natural
4
resources that may be impacted by a project, based on a project area as defined by the
user.
Unaka ran an IPaC report for the Project Fairhaven Meadows site which can be viewed
in Appendix C. This report identified nine federal T&E species and their respective
habitats that may be expected in the Project Fairhaven Meadows study area. Based on
their expected range, the nine federally listed T&E species of concern for the project are
included as the following:
1. Isotria medoloides (Small whorled pogonia)
2. Helonias bullata (Swamp pink)
3. Sarracenia rubra ssp. jonesii (Mountain sweet pitcher plant)
4. Spiraea virginiana (Virginia spirea)
5. Gymnoderna lineare (Rock gnome lichen)
6. Alasmidonta raveneliana (Appalachian elktoe)
7. Glyptemys muhlenbergii (Bog turtle)
8. Myotis grisescens (Gray bat)
9. Myotis septentrionalis (Northern long-eared bat)
Threatened
Threatened
Endangered
Threatened
Endangered
Endangered
SAT -Threatened
Endangered
Threatened
Project Fairhaven Meadows "may affect" federally listed Myotis septentrionalis (Northern
long-eared bat) via disturbance to summer roosting habitat. However, if disturbance
activities occur in winter months outside of the roosting window, then the Project
Fairhaven Meadows is "not likely to adversely affect" either of these species as they
would not be found on site during winter months. No appropriate winter habitat is
present on the property for either species. Disturbance or removal of standing snags
and old trees located on site should be conducted between November 15 and March 31
to best avoid all target T&E bat species possible summer roosting areas. All other listed
species will not be affected by the proposed project, or "no effect", as appropriate habitat
is not located on site.
Ernironmental, ! ll C 5
SECTION 2
SITE DESCRIPTION
2.1 Site Location
The proposed Fairhaven Meadows site is located within the Southern Blue Ridge (Major
Land Resource Area 130b) region of western North Carolina, about 1/4-mile southwest of
Pisgah Highway and 1-mile from the access to the Cradle of Forestry. The site is situated
on a low northwest -southeast facing ravine with both northern and southern aspects.
The stream on site eventually drains into the Davidson River in Pisgah Forest.
Specifically, the site is currently accessed via US Route 64 and 276 (Asheville Highway)
and is in a mixed -use area with commercial and single-family residential units. To the
north, northeast, and west of the proposed project Fairhaven Meadows are single-family
residential homes with mostly forested property coverage. The properties due east and
south of the site are either commercial or single-family homes (see Figure 5).
The proposed Fairhaven Meadows property is currently 55% forested and 45% open
meadow. Four natural forest community types were observed in the +4.35-acre site.
The property is dominated by Southeastern Ruderal Grassland and Shrubland (see
photos 1-3) and mature Southern Appalachian Acidic Cove Forest (see photos 4-6).
Disturbed regrowth S. Appalachian Acidic Cove was also observed on site (see photos 7-
9). Community types will be further discussed in Section 4.1 below.
The highest elevation of the entire rolling topographic site is at 2,254 feet above msl in
the upper slopes in the northwest property corner. The lowest elevation on the proposed
Fairhaven property is 2,180 feet above msl and located close to the southeasternmost
corner near US Routes 64 and 276. One 0.02-acre wetland was recorded on site. One
WOTUS intermittent stream with 362 LF of surface flow and 499 LF of piped now was
recorded draining through the center of the property. This ephemeral drainage area
was recorded via GNSS receiver and is visible on Figures 5 8v 6. This 861 LF intermittent
stream was followed from where it drains off property, under Route 64 and 276 via pipe,
to where it enters the property at the northern parcel boundary (see photos 10 and 11).
Ernirommental, u c 6
2.2 General Site Description
The project site consists of +4.35 acres of a mature montane forest with mixed
hardwoods and conifers, dominated by oak, tulip tree, and hemlocks, as well as grass-
shrubland dominated by native grasses and invasive woody shrubs (see photos 1-3).
The woodlands are very healthy throughout with some noxious invasive species
observed along maintenance roads, in regrowth forest areas (see photos 7-9), and
around the old barn (see photos 12-14). One old, spring or stream collection box water
feature was observed on site (farm water access or micro -hydro) but utilization has been
abandoned (see photos 10 and 11). The soils observed on site are all well drained. The
site is located on mountain topography with no caves and one low sinkhole, though
several site drains were located throughout the site (see photo 15 and Figure 5).
Ernirommental, Lw 7
SECTION 3
SCOPE OF SERVICES
3.1 Performed Scope of Work
Unaka was contracted to complete a T&E species habitat characterization and
determine the existence or absence of possible habitat for nine federally threatened or
endangered species, including four flowering plants: Small whorled pogonia (Isotria
medoloides), Swamp pink (Helonias bullata), Mountain sweet pitcher -plant (Sarracenia
rubra ssp. jonesit), and Virginia spiraea (Spiraea virginiana); one species of lichen: Rock
gnome lichen (Gymnoderma lineare); one species of mussel: Appalachian elktoe
(Alasmidonta raveneliana); one species of reptile: Bog turtle (Glyptemys muhlenbergit);
as well as two mammals: Gray bat (Myotis grisescens) and Northern long-eared bat
(Myotis septentrionalis). On January llth, 2023, Unaka, completed a habitat
characterization for the nine T&E federal species on the +4.35-acre proposed Fairhaven
Meadows site. A series of maps which illustrate the findings and GNSS field data
discussed within this report is attached in Appendix B of this report (Figure 1-6), and
the methodology for Unaka's work is discussed in the section below.
3.2 Threatened & Endangered Species Habitat Assessment Methodology
Habitat characterization for T&E species was conducted within the area defined by the
project limits and modeled in an ArcGIS Pro base map series created by Unaka via
available shapefiles on the USFWS's NWI Mapper, USDA's Soil Surveys, aerial photos,
site data, and other base map layers via ArcGIS online. The field survey consisted of
traversing the site using the intuitive control method around the parameter and interior
of the entire property, identifying the natural communities present (see Appendix E),
and recording observations of possible habitat for each of the nine species identified on
IPaC. All natural communities were delineated within the property via gross ocular
estimates so that the vegetative communities present could be fully characterized and
described in detail as described below in section 4.1 (see Appendix E), and as
geospatially depicted in the base map created in ArcGIS Pro for the purposes of this
habitat characterization project (see Figure 6).
8
Based upon Unaka's knowledge of the target T&E species and their associated habitats,
adequate time was spent surveying each vegetative community type to make a
determination as to the presence or absence of possible habitat of T&'E species within
the Study Area. Attention was focused on habitats that may be associated with the T&'E
biological resource species. The habitat characterization methods were also conducted
to provide an informed decision as to whether T&E taxa-specific surveys should be
completed during the appropriate time of the year that the species can be surveyed.
Bivalve mollusks and reptiles are surveyed in the summer months from May to
September, plants surveyed during appropriate flowering window in the growing season,
and bats are generally surveyed from mid -April through mid -October.
Latitude and longitude positions were recorded in decimal degrees with a submeter
accurate GNSS receiver (Eos Arrow series) for the locations of sampling areas and
natural community delineations. The data for these GPS locations were imported into
the ArcGIS Pro base files and depicted on the maps/figures included in Appendix B of
this report (see Figure 6).
3.3 Habitat Descriptions of Target Species
The associated habitats of the target T&E species are described as follows by the
USFWS:
1. Isotria medoloides (Small whorled pogonia)
a. Isotria medeoloides is an herbaceous perennial with slender, hairy,
fibrous roots that radiate from a crown or rootstock. The five or six
milky - green or grayish -green, elliptic, and somewhat pointed leaves
are displayed in a whorl at the Apex of a smooth, green stem. Flowers
typically bloom from mid -May until mid -June in the southern
Appalachian region.
b. Isotria medeoloides is typically found in younger to mature forests of
mixed deciduous, or mixed deciduous and coniferous forests. It is
frequently observed on flat, mesic, well -drained, loamy soils, with a
moderate herbaceous groundcover and very little to no woody
@nviranmemal,. LLC 9
understory plants, above between 2,400 and 3,000 feet above msl.
Range is from the New England states to the southeast in the Southern
Appalachian Mountains.
2. Helonias bullata (Swamp pink)
a. Swamp pink has smooth, oblong, dark green leaves that form an
evergreen rosette. In spring, some rosettes produce a flowering stalk
that can grow over 3 feet tall. The stalk is topped by a 1 to 3-inch-long
cluster of 30 to 50 small, fragrant, pink flowers dotted with pale blue
anthers. The evergreen leaves of swamp pink can be seen year-round,
and flowering occurs between March and May.
b. The species inhabits a variety of freshwater wetlands, including
springs, seepages, swamps, bogs, meadows, and margins of
meandering small streams. The species historical range included
Delaware, Georgia, Maryland, New Jersey, New York, North Carolina,
South Carolina, Virginia
3. Sarracenia rubra ssp. jonesii (Mountain sweet pitcher plant)
a. The mountain sweet pitcher plant is an insectivorous species native to
bogs and a few stream sides under open canopies in the Blue Ridge
Mountains of North and South Carolina. The unusual red flowers
(yellow in rare cases) appear from April to June, with fruits ripening in
August.
b. Mountain sweet pitcher plant is found only in a few mountain bogs and
streams in southwestern North Carolina and northwestern South
Carolina along the Blue Ridge Divide.
4. Spiraea virginiana (Virginia spirea)
a. Virginia spirea is a perennial shrub that can reach a height of 3-10 feet.
Its alternate leaves are single -tooth serrated; 1-6 inches long and 1-2
inches wide; occasionally curved; and have a narrow, moderately
tapered base. The leaves are also darker green above than below. The
erniromenmi, LW 10
plant produces flowers that are yellowish green to pale white, with
stamens twice the length of the sepal. It blooms from late May to late
July, but flower production is sparse and does not begin until after the
first year of establishment.
b. Virginia spiraea occurs along rivers and streams and relies on periodic
disturbances, such as high -velocity scouring floods, which eliminate
competition from trees and other woody vegetation. However, if the
frequency and intensity of these floods is too great, the plant may
become dislodged and wash downstream into less suitable habitat.
Virginia spiraea is a Southern Appalachian species, with isolated
populations found in the mountain regions of Georgia, North Carolina,
Tennessee, Kentucky, Virginia, Ohio, and West Virginia.
5. Gymnoderna lineare (Rock gnome lichen)
a. This rare squamulose lichen grows only in areas of high humidity, such
as high -elevation vertical rock faces that are frequently bathed in fog
or in deep gorges at lower elevations. The high elevation species,
typically above 4,000 feet msl, has a historical range that includes
North Carolina and Tennessee.
6. Alasmidonta raveneliana (Appalachian elktoe)
a. The Appalachian elktoe has a thin, kidney -shaped shell, extending to
about 10 centimeters (4 inches). Juveniles generally have a yellowish -
brown periostracum (outer shell surface), while the periostracum of the
adults is usually dark brown to greenish -black in color. The shell nacre
(inside shell surface) is shiny, often white to bluish -white, changing to
a salmon, pinkish, or brownish color in the central and beak cavity
portions of the shell; some specimens may be marked with irregular
brownish blotches. The elktoe has been reported from relatively
shallow, medium-sized creeks and rivers with cool, clean, well -
oxygenated, moderate- to fast -flowing water.
erniromenmi, LW 1 1
b. The species is most often found in riffles, runs, and shallow flowing
pools with stable, relatively silt -free, coarse sand and gravel substrate
associated with cobble, boulders, and/or bedrock. Stability of the
substrate appears to be critical to the Appalachian elktoe, and the
species is seldom found in stream reaches with accumulations of silt
or shifting sand, gravel, or cobble. Individuals that have been
encountered in these areas are believed to have been scoured out of
upstream areas during periods of heavy rain and have not been found
on subsequent surveys. Currently, the Appalachian elktoe has a very
fragmented distribution. The species still survives in scattered pockets
of suitable habitat in portions of four river systems: the Little
Tennessee, Pigeon, French Broad, and Nolichucky.
7. Glyptemys muhlenbergii (Bog turtle)
a. This is the smallest emydid turtle, and one of the smallest turtles in
the world. Adult carapace length is 7.9 to 11.4 cm (3.1 to 4.5 inches).
The dark brown or black carapace may be marked with radiating light
lines or a light blotch on the vertebral and pleural scutes. Scute annuli
are usually prominent in juvenile and young adult specimens, but the
carapace may be nearly smooth in old adults. The head, neck, and
limbs are typically dark brown with variable reddish to yellow spots
and streaks. A large reddish -orange to yellow blotch is visible behind
and above each tympanum, sometimes merging into a continuous
band on the neck. A mature male bog turtle has a concave plastron
and a long, thick tail, with the vent posterior to the rear edge of the
carapace with tail extended. The female has a flat plastron and a
thinner, smaller tail, with the vent at or beneath the rear carapace
edge.
b. Their habitat is typically an open bog or herbaceous wetland. Forested
or even shrub wetlands shade out the plants the turtle depends on.
The species historical range included Connecticut, Delaware, Georgia,
Maryland, Massachusetts, New Jersey, New York, North Carolina,
Pennsylvania, South Carolina, Tennessee, Virginia.
Ernirommental, u c 12
8. Myotis grisescens (Gray bat)
a. With rare exceptions, gray bats live in caves year-round. During the
winter gray bats hibernate in deep, vertical caves. In the summer, they
roost in caves which are scattered along rivers. These caves are in
limestone karst areas of the southeastern United States. They do not
use houses or barns.
9. Myotis septentrionalis (Northern long-eared bat)
a. Northern long-eared bats spend winter hibernating in caves and mines,
called hibernacula. They use areas in various sized caves or mines
with constant temperatures, high humidity, and no air currents.
Within hibernacula, surveyors find them hibernating most often in
small crevices or cracks, often with only the nose and ears visible.
b. During the summer, northern long-eared bats roost singly or in
colonies underneath bark, in cavities or in crevices of both live trees
and snags (dead trees). Males and non -reproductive females may also
roost in cooler places, like caves, overpasses, and mines. Northern
long-eared bats seem to be flexible in selecting roosts, choosing roost
trees based on suitability to retain bark or provide cavities or crevices.
This bat has also been found rarely roosting in structures, like barns,
and sheds.
ern�ronmr,�rai, u c 13
SECTION 4
RESULTS OF FIELDWORK
4.1 Natural Community Descriptions
The project site was evaluated per the methodology described above and all
communities, including the observed WOTUS features, were evaluated, and mapped in
ArcGIS Pro. Unaka utilizes the USFWS definitions of wetland communities to describe
wetland communities observed on a site and NatureServe to describe natural and semi -
natural communities. The Study Area contains four types of natural communities
including Southern Ruderal Grassland 8v Shrubland, Southern Appalachian Acidic Cove
Forest (Typic Type), degraded Southern Appalachian Acidic Cove Forest, and Southern
Appalachian riparian scrub -shrub wetland. These four communities are described as
observed in detail below and depicted geospatially on Figure 6 - Natural Communities,
in Appendix B.
Southern Ruderal Grassland 8a Shrubland (G5831):
Southern Ruderal Grassland & Shrubland community was observed as the most
common community type throughout this site on ±1.94 acres (see photos 1-3 and Figure
6). This community consists of vegetation that occurs on disturbed sites that were
cleared, and the soils disturbed, including old fields, abandoned quarries, old
homesteads, etc. Stands are typically dominated by native or exotic species, or
combinations of these, such as at this site. Shrubs and saplings are sparse in most
areas, while dense in others, including species such as highbush blackberry (Rubus
argutus), Callery pear (Pyrus calleryana), sweetgum (Liquidambar styraciflua), autumn
olive (Elaeagnus umbellata), and Chinese privet (Ligustrum sinense). Many of these
species are considered invasive. The herbaceous layer is dominated by thick stands of
broomsedge (Andropogon virginicus), Canadian goldenrod (Solidago canadensis), dwarf
cinquefoil (Potentilla canadensis), blue-eyed grass (Sisyrinchium angustifolium), hairy
bittercress (Cardamine hirsuta), red fescue grass (Festuca rubra), corn speedwell
(Veronica arvensis), and meadow hawkweed (Hieracium caespitosum). The intermittent
1 NatureServe community codes
Ernironmental, ! ll C 14
stream observed on site was piped and buried in this community. Areas where the soil
is very thin have developed thick populations of reindeer lichen (Cladonia rangiferina)
intermixed with broomsedge (Andropogon virginicus) - please see photos 17-18.
In general, this community is found in lower elevations ranging from 850-3,000 feet
above msl, and typically occurs in the Southern Blue Ridge Escarpment, Blue Ridge
Mountains, and Piedmont. This open meadow community type is observed in old
pastures that have gone feral or are no longer being maintained as pasture by land
stewards. Soils generally found in conjunction with this community are well -drained to
moderately well -drained.
Southern Appalachian Acidic Cove Forest - Typic Type (CEGL007543):
The Southern Appalachian Acidic Cove Forest - Typic Type was observed as the second
most dominant community type on this site with ±1.21 acres in the north portion of the
site (see photos 4-6 and Figure 6) and changes downslope into either Southern Ruderal
Grassland 8v Shrubland community or into a degraded, re -growth form of the Southern
Appalachian Acidic Cove Forest. This association encompasses hemlock -hardwood
forests and acidic cove forests with canopies dominated by mixtures of Eastern hemlock
(Tsuga canadensis), tuliptree (Liriodendron tulipifera), black birch (Betula lenta), red oak
(Quercus rubra), and red maple (Acer rubrum). This community was not as affected by
the noxious invasive species as the previous community.
The canopy of this community observed on site is dominated by chestnut oak (Quercus
montana), white oak (Quercus alba), red maple (Acer rubrum), tuliptree (Liriodendron
tulipifera), and American beech (Fagu grandifolia). The understory is sparse with some
representation of species such as red maple (Acer rubrum), sourwood (Oxydendrum
arboretum), blackgum (Nyssa sylvatica), and flowering dogwood (Cornus florida). The
lower shrub layer is densely dominated by great laurel (Rhododendron maximum), with
occasional American holly (Ilex opaca) and buffalo nut (Pyrularia pubera). The
herbaceous layer is sparse with occasional Christmas fern (Polystichum acrostichoides),
spotted wintergreen (Chimaphila maculata), and partridgeberry (Mitchella repens).
Ernironmental, ! ll C 15
Degraded Southern Appalachian Acidic Cove Forest - Typic Type (CEGLOO7543)
This community accounted for ±1.20 acres of the site along the southwestern slope on
the parcel boundary and southwestern edge of the Southern Ruderal Grassland 8v
Shrubland community (see photo 7-9 and Figure 6) of the property. Forest has regrown
in areas that were likely more open pasture 40+ years ago and are dominated by young
tuliptree (Liriodendron tulipifera). Historically, prior to clearing, this community would
have likely been Southern Appalachian Acidic Cove Forest. The community type never
fully recovered and so remains a tuliptree dominated woodland. The shrub layer is
typically sparse and mostly consists of smaller individuals of the tree species.
The canopy is dominated by tuliptree (Liriodendron tulipifera) with high representation
of species such as black walnut (Juglans nigra), blacklocust (Robinia pseudoacacia), and
American sycamore (Platanus occidentalis). In some sections, dense stands of yellow
groove bamboo (Phyllostachys aureosulcata) have completely taken over the forest
understory and excluded all herbaceous species (see photos 8 and 9). Where the
bamboo is absent, the understory is sparse to open with an occasional American holly
(Ilex opaca) or sapling of a canopy tree. The herbaceous layer is either sparse, absent,
or dominated by English ivy (Hedera helix) - see photo 8.
Southern Appalachian riparian scrub -shrub wetland (R5UBH)
The site contains a small, 0.02-acre Southern Appalachian riparian scrub -shrub
wetland within the Southern Appalachian Acidic Cove Forest adjacent to the stream
near the northern border of the parcel (see photo 16). Historic water access adjacent to
an old barn located on site may have contributed to the low area where this riparian
wetland has formed. This scrub -shrub wetland community type is characterized by the
predominance of low woody plants that require saturation for longer periods of time,
from several weeks to a month or more - with some exceptions observed along the
wetland fringe.
The dominant woody species observed in this small wetland were elderberry (Sambucus
nigra - FAC), spicebush (Lindera benzoin - FAC), and red maple (Acer rubrum - FAC).
Herbaceous species included spotted touch-me-not (Impatiens capensis - FACW),
hooded blue violet (Viola sororia - FAC), prickly bog sedge (Carex atlantica - FACW), and
Canadian rush (Juncus canadensis - OBL).
ernirormrma , u c 16
4.1 Target T&E Species results
Project Fairhaven Meadows "may affect" Myotis septentrionalis (Northern long-eared bat)
via disturbance to summer roosting habitat. However, if disturbance activities occur
between November 15 and March 31, then the Project Fairhaven Meadows is "not likely
to adversely affect' Northern long-eared bat as they would not be found on site during
winter months. No appropriate winter habitat is present on the property for Northern
long-eared bat. Disturbance or removal of standing snags, old trees, and the barn
located on site should be conducted between November 15 and March 31 to best avoid
an "incidental take" of any target T&E bat species via summer roosting. Impacts to the
Northern long-eared bat species would occur due to:
1. Removal a rough -sawn wooden barn that is possible summer roosting.
All other listed species will not likely be affected by the proposed project, or "no effect',
as appropriate habitat is not located on site. Here are the specifics for each of the
target T&E species with resulting likelihood of project development to affect or not
affect each species:
1. Isotria medoloides (Small whorled pogonia) Threatened
a. Determination: "no effect' - No appropriate habitat located on site.
b. Recommendations for this project: None
2. Helonias bullata (Swamp pink) Threatened
a. Determination: "no effect' - No appropriate habitat located on site.
b. Recommendations for this project: None
3. Sarracenia rubra ssp. jonesii (Mountain sweet pitcher plant) Endangered
a. Determination: "no effect" -No appropriate habitat on site.
b. Recommendations for this project: None
4. Spiraea virginiana (Virginia spirea) Threatened
a. Determination: "no effect" -No appropriate habitat on site.
b. Recommendations for this project: None
5. Gymnoderna lineare (Rock gnome lichen) Endangered
a. Determination: "no effect" -No appropriate habitat on site.
b. Recommendations for this project: None
6. Glyptemys muhlenbergii (Bog turtle) SAT -Threatened
a. Determination: "no effect" -No appropriate habitat on site.
Envh•ann".0t.l. UE 17
b. Recommendations for this project: None
7. Alasmidonta raveneliana (Appalachian elktoe) Endangered
a. Determination: "no effect" -No appropriate habitat on site.
b. Recommendations for this project: None.
8. Myotis grisescens (Gray bat) Endangered
a. Determination: "no effect" - No appropriate habitat on site.
b. Recommendations for this project: None
9. Myotis septentrionalis (Northern long-eared bat) Threatened
a. Determination: "may affect"- Possible summer roosting in an old barn
adjacent to stream with sufficient, open understory for summer foraging.
i. Attractive site to both males and females for summer roosting.
ii. See photos 12-14.
b. Recommendations for this project: Remove barn from the site outside of
the growing season, or between November 15th and March 31st to avoid
incidental take.
ernirormrma , u c 18
SECTION 5
CONCLUSIONS
The development of the proposed Project Fairhaven Meadows "may affect", though is
"not likely to adversely affect" one federal T&E species of bat via impact to summer
roosting habitat characterized on site if property. The possibly affected species is Myotis
septentrionalis (Northern long-eared bat). To avoid an incidental take of any Northern
long-eared bats, demolition of the barn observed on the site should be conducted in the
appropriate winter window - between November 15 and March 31 as recommended by
USFWS. Project Fairhaven will have "no effect" on the other eight federally listed species
of Isotria medoloides (small whorled pogonia), Helonias bullata (Swamp pink), Sarracenia
rubra ssp. jonesii (mountain sweet pitcher plant), Spiraea virginiana (Virginia spirea),
Gymnoderna lineare (rock gnome lichen), Glyptemys muhlenbergii (Bog turtle)
Alasmidonta raveneliana (Appalachian elktoe), and Myotis grisescens (Gray bat).
5.1 Conclusions
The field evaluation of potential habitat for federally listed threatened and endangered
species habitat for the +4.35-acre Project Fairhaven Meadows, located in Pisgah Forest,
North Carolina, on Asheville Highway, was conducted on January 1 lth, 2023. The Study
Area contains four natural communities. An old rough -sawn wood barn provides
potential habitat for one of the nine target species, including summer roosting habitat
for Northern long-eared bat. The barn is located in the Southern Appalachian Acidic
Cove Forest (Typic Type). USFWS will likely request removal of any large trees located
on the site, as well as the barn, outside of the growing season, or between November
15th and March 30th, to minimize a possible "incidental take" of a Northern long-eared
bat. No mitigation measures should be required for this project to comply with the US
ESA for biological resources for this project, though the final determination will be made
by USFWS. Unaka is available to assist The EI Group with consultation with USFWS.
Enwirunmenral, LLC 19
SECTION 6
REFERENCES
Flora of North America Editorial Committee. 2007b. Flora of North America North of Mexico.
Vol. 27. Bryophytes: Mosses, Part 1. Oxford University Press, New York. xxi + 713 pp.
Digital Data Services, Inc. 2022. Topographic Map: USGS Pisgah Forest, North Carolina.
http: / /www.usgsquads.com/index.php/map-indexes/mapfinder.
Google earth, 2022. Aerial photographs and historic aerial photographs. Desktop application,
http: / / earth. google. com
IPaC - Information for Planning and Consultation. Online Linkage: https://ecos.fws.gov/ipac/
Microsoft TerraServer. 2001. Aerial Photograph and Topographic Map.
http: / /terraserver.microsoft.com
Munsell Color. 2000. Munsell Soil Color Charts. Gretagmacbeth, New Windsor, NY.
NatureServe, 2022. NatureServe Explorer [web application]. NatureServe, Arlington, Virginia.
Available https://explorer.natureserve.org/ (Accessed: January 13, 2023).
Radford, Albert E., Ahles, Harry E., and C. Ritchie Bell. 1968. Manual of the Vascular Flora of
the Carolinas. The University of North Carolina Press, Chapel Hill, NC.
Resource Management Group, Inc. 2020 updates. National List of Vascular Plant Species that
Occur in Wetlands: Region 2 - Southeast. Dickinson Press Inc., Grand Haven, Michigan.
Shopmeyer, C. S. 1974. Seeds of Woodv Plants in the United States. Agricultural Handbook No.
450 Forest Service, U.S. Department of Agriculture, Washington, D.C.
Swanson, Robert E. 1994. A Field Guide to the Trees and Shrubs of the Southern
Appalachians. The John Hopkins University Press, Baltimore, Maryland.
Tiner, Ralph W., Jr. 2000. Winter Guide to Wood v Plants of Wetlands and Their Borders:
Northeast United States. Institute for Wetland and Environmental Education 8v
Research, Inc.
U.S. Army Corps of Engineers Environmental Laboratory (USCOE). 1987. Corps of Engineers
Wetlands Delineation Manual. Wetlands Research Technical Report Y-87-1, US Army
Engineers Waterways Experiment Station, Vicksburg, MS.
U.S. Department of Agriculture, Natural Resources Conservation Service, Plants Database,
www. plants.usda. gov.
U.S. Fish and Wildlife Service - ECOS Environmental Conservation Online System, Conserving
the Nature of America. https://ecos.fws.gov/ecp/
University of Tennessee Herbarium, Knoxville, Tennessee, http: / /tenn.bio.utk.edu/vascular
Weakley, A.S. 2010. Flora of the Southern and Mid Atlantic States. Working Draft of 8 March
2010. The University of North Carolina, Chapel Hill, NC.
Vn6na
I
Envirorawtalr LLC 20
APPENDIX A
SITE PHOTOS
UmKu
Environmental, LLC A-1
Photo 1: Looking northwest across the parcel showing Southeastern Ruderal Grassland and
Shrubland (G583) and buried/piped stream.
Photo 2: Looking west across the parcel showing Southeastern Ruderal Grassland and
Shrubland (G583) and buried/piped stream directly in center of photo.
unaka
Environmental, LLC A-2
Photo 3: Looking southwest across the site showing the SE Ruderal Grassland and
Shrubland merging into the disturbed Southern Appalachian Acidic Cove Forest.
Photo 4: Looking northwest along intermittent streambed toward the barn in Southern
Appalachian Acidic Cove Forest (Typic Type - CEGL007543).
Vnikc
r-;,.,o ,ne,fc. ur. A-3
Photo 5: Looking northeast through S. Appalachian Acidic Cove Forest toward the
meadow (in the far right of the photo).
Photo 6: Riparian corridor near the small riparian wetland in the S. Appalachian Acidic
Cove Forest as observed on the property. Note pink wetland flagging.
Vnakc
Environmenta:. LLC A-4
Photo 7: Looking south through disturbed, regrowth S. Appalachian Acidic Cove Forest.
Photo 8: Trees marked for clearing on the south side of the property in regrowth of S.
Appalachian Acidic Cove Forest. Note the invasive species English ivy (Hedera helix) and Yellow
groove bamboo (Fhyllostachys aureosulcata) are predominant in understory.
Unaka
Enwranmental, 44C A-5
Photo 9: Yellow groove bamboo (Phyllostachys aureosulcata) is found in dense stands
throughout the disturbed, regrowth S. Appalachian Acidic Cove Forest along the
southern property boundary.
Photo 10: Intermittent stream enters the property from the northwest and some of the
flow passes through an old concrete cistern or collection box.
Vnakc
Ewwomnenia: LLC A—V
Photo 11: Detail of old water cistern box.
Photo 12: Old, rough -sawn oak barn located in mature S. Appalachian Acidic Cove
Forest community.
Vnikc
Photo 13: Detail of south facing aspect of the barn.
Photo 14: Detail of inside the barn near stairs going into the loft.
Environmental, LLC A-8
Photo 17: Variant of the Southeastern Ruderal Grassland and Shrubland where soils are
very thin due to grading over the buried and piped intermittent stream - reindeer lichen
(Cladonia rangiferina) is dominant on the these thin soils.
err+ # - ,F,
Photo 18: Detail of reindeer lichen (Cladonia rangiferina) as observed on site over the
buried and piped stream.
Environmental, LLC A-10
Photo 19: Three mature Chinese chestnut (Castanea mollissima) trees observed on site.
4 ,
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Photo 20: Chestnut hauls observed in abundance on site.
Vnakc
Ewwomnenia: LLC A-1 1
FIGURES/MAPS
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Fairhaven Meadows - Brevard, NC
Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
FaE
Fannin fine sandy loam, 15 to
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2.2
26.9%
FaF
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33.4%
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Totals for Area of Interest
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k;sim Natural Resources Web Soil Survey 3/18/2022
Conservation Service National Cooperative Soil Survey Page 3 of 3
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Parcel PIN 20326 Carol i na L.
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unaka Fig 4. ME Study Area
Project Fairhaven Meadows
a 235 Asheville Highway, Brevard, NC
Environmental, LLC lJnaka PN: 23-010-01 0 25 50 100 150 20Feet
Environmental, LLC
Fig 5. Existing Structures
Project Fairhaven Meadows
235 Asheville Highway, Brevard, NC
0 25 50 100 150 200
Unaka PN: 23-010-01 Feet
Unaka
Environmental, LLC
Fig G. Natural Communities
Project Fairhaven Meadows
235 Asheville Highway, Brevard, NC
0 25 50 100 150 200
Unaka PN: 23-010-01 Feet
IPAC REPORT
UmKo
Environmental, LLC C-1
3/18/22, 2:45 PM IPaC: Explore Location resources
IPaC
U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat
(collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS)
jurisdiction that are known or expected to be on or near the project area referenced below. The list
may also include trust resources that occur outside of the project area, but that could potentially be
directly or indirectly affected by activities in the project area. However, determining the likelihood
and extent of effects a project may have on trust resources typically requires gathering additional
site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of
proposed activities) information.
Below is a summary of the project information you provided and contact information for the USFWS
offices) with jurisdiction in the defined project area. Please read the introduction to each section
that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for
additional information applicable to the trust resources addressed in that section.
Location
Transylvania County, North Carolina
r,
y,
r �A
aw
0
Local office
Asheville Ecological Services Field Office
�. (828) 258-3939
(828) 258-5330
160 Zillicoa Street
Asheville, NC 28801-1082
http://www.fws.gov/nc-es/es/count-Y—fr.htmi
https:Hipac.ecosphere.fws.gov/location/EYJ6EEASIZDKVC2HUHPYPN4UJA/resources 1 /13
3/18/22, 2:45 PM
IPaC: Explore Location resources
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of
_.__ F_. _r
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of
the species range if the species could be indirectly affected by activities in that area (e.g., placing a
dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly
impact the species by reducing or eliminating water flow downstream), Because species can move,
and site conditions can change, the species on this list are not guaranteed to be found on or near
the project area. To fully determine any potential effects to species, additional site -specific and
project -specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to ''request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area
of such proposed action" for any project that is conducted, permitted, funded, or licensed by any
Federal agency. A letter from the local office and a species list which fulfills this requirement can
only be obtained by requesting an official species list from either the Regulatory Review section in
IPaC (see directions below) or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website
and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT,
3. Log in (if directed to do so).
4. Provide a name and description for your project.
S. Click REQUEST SPECIES LIST.
Listed speciesl and their critical habitats are managed by the Ecological Services Program of the U.S.
Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric
Administration (NOAA Fisheriesi).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this
list. Please contact NOAA Fisheries for species under theirjurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed, for listing. See the listing status page for more
information. IPaC only shows species that are regulated by USFWS (see FAQ).
2. 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.
The following species are potentially affected by activities in this location:
Mammals
https:Hipac.ecosphere.fws.gov/location/EYJ6EEASIZDKVC2HUHPYPN4UJA/resources 2/13
3/18/22, 2:45 PM IPaC: Explore Location resources
NAME STATUS
Gray Bat Myotis grisescens Endangered
Wherever found
No critical habitat has been designated for this species.
httpa-//ecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis Threatened
Wherever found
No critical habitat has been designated for this species.
httpL//ecos.fws.gov/ecp/species/9045
Reptiles
NAM E STATUS �
Bog Turtle Glyptemys muhlenbergii SAT
No critical habitat has been designated for this species.
httpa-//eco.s.fws.gov/ecp/�Specles/6962
14 •irll■1►
°: \ME S'tATUS
Appalachian Elktoe Alasmidonta ravenehana Po, "a Endangered
Wherever found
There is final critical habitat for this species. The locAtion of the
critical habitat is not availabfe.
https.//ecas.fvNs.gov/ecp/�pec[eV5039
I nsects
NAME STATUS
vIonarth-Butterfly ❑anaus plexippus Candidate
Wherever found
No critical habitat has been designated for this species.
https:/'ec ss.fws.gov/ecp/species/9743
Flowering Plants
NAME STATUS
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii Endangered
Wherever found
No critical habitat has been designated for this species.
httpa-//ecos.fws.gov/ecp/species/4283
https:Hipac.ecosphere.fws.gov/location/EYJ6EEASIZDKVC2HUHPYPN4UJA/resources 3/13
3/18/22, 2:45 PM IPaC: Explore Location resources
Small Whorled Pogonia Isotria medeoloides Threatened
No critical habitat has been designated for this species.
httpL//ecos.fws.gov/ecp/species/1890
Swamp Pink Helonias bullata
Wherever found
No critical habitat has been designated for this species.
https*//eco.s.fws.gov/ecp/�Species/4333
Virginia Spiraea Spiraea virginiana
Wherever found
No critical habitat has been designated for this species.
https:/Iecos.fws.govlecp/species/1728
Lichens
NAME
Rock Gnome Lichen Gymnoderma lineare
Wherever found
No critical habitat has been designated for this species.
httpa.//ecos.fws.gov/ecplspecies/3933
Critical habitats
Threatened
Threatened
Endangered
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION,
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Acts.
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.
Additional information can be found using the following links:
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• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds
http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf
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 on 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.
NAME
BREEDING SEASON (IF A
BREEDING SEASON IS INDICATED
FOR A. BIRD ON YOUR LIST, THE
BIRD MAY BREED IN YOUR
PROJECT AREA, SOMETIME WITHIN
THE TIMEFRAME SPECIFIED,
WHICH IS A VERY LIBERAL
ESTIMATE OP THE (DATES V,JS —
WHICH THE BIRD FREEDS
Ai Ri `::':'TS Ei\.TJF: npi.,,r F
"BREEDS ELSEWHERE" INDICATES
THAT THE BIRD DOES NOT LIKELY
BREED IN YOUR PROJECT AREA.)
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Aug 31
This is not a Bird of Conservation Concern (BCC) in this area, but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development
or activities.
httpa-//ec ss.fws.gov/ecp/species/1626
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Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 to Oct 10
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
httpa-//ecos.fws.gov/ecp/species/9399
Bobolink Dolichonyx oryzivorus Breeds May 20 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Cerulean Warbler Dendroica cerulea Breeds Apr 27 to Jul 20
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fvvs.gov/ecplspecies/2974
Golden -winged Warbler Verrnivora chry. :, era Breeds May 1 to Jul 20
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8745
Kentucky Warbler Oporornis formosus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Northern Saw -whet Owl Aegolius acadicus acadicus
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Prairie Warbler ❑endroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Probability of Presence Summary
Breeds Apr 20 to Aug 20
Breeds Mar 1 to Jul 31
Breeds May 1 to Jul 31
Breeds May 10 to Sep 10
Breeds elsewhere
Breeds May 10 to Aug 31
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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 10km 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 provability 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 provability 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 (0.25) is the maximum of any
week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; 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.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
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 (I)
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.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
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.
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NNprobability ofpresence breeding season Isurvey effort -nodata
spsc|ss ]*w FEB MAR *pn MAY ]uw |oL AUG ssp OCT NOV DEC
Bald Eagle +~~~~~~ +_+~~ +f+_, | | � ./ / / / ' � ' � ' | ' / / ' ' � ' / | ' � � /
Non -BCC �
___
Vulnerable (Thi i
not Bird of
____
Conservation
____________
Concern (BCQ in
this area, but
____________
warrants attention
because o[the
_____________
Eagle A� for
potential
___
susceptibilities in
offshore areas
����������... -
from certain
o
�_f���t"��
dewe|n
- P�n�,'-.�r
'
Black -billed
+^^^ +-�'
Cuckoo
B[[Ra iV
n��� e
(Cow)(This isa
Bird of
_
Conservation
Concern (BCQ
throughout �
range ran | the
continental �
and Alaska.)
Bobolink
- +-+ -I / | ' / '
Rangewide
(CON) is a
Bird
'-
Conservation
-'
[oncem(B[O
range in the
co I ntiriental.US)
and Alaiska-_�)
Cerulean Warbler 0�
�f f-�+ '�+—' +�f- +^ - - ^f ^ ^ +^ ^ -^+f
BCC Ra =
'-
�OM)��s|sa
_____
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Conservation
_____
concrrn(B[[)
_____________
thno h tits
���.��������`
ran�|�th
� ��.���
continental USA
and Alaska.)
|paC Explore Location resources
Golden -winged
Warbler
BCC Ran id
������������
Bird of
Conservation
_____
Concern (BCC)
_____________
thno h tits
���.�����.........`
ranE|�th
� --.---
continental USA
..........................................
and Alaska.)
Kentucky Warbler
BCC Ra
i ��of
- -
�onservadnn
Concern (BCC)
_
throughout its
-
rangein �� _
continental USA
and Alaska)
Northern Saw -
whet O,N
BCC 'B[R(This is
'-------------'
B|�of
Conservation
_
Concern
__________
ticular
in Bird- ---'--
[omnmat�n
RegionsUB[Rs in
theccontinental
�
Prairie Warbler
B[[RangewWe
-
(COw)(This |sa
�
Bird of
Conservation
- --
Cowcem(BcC)
throughout its
e | the
continental USA
'
and Alaska.)
Red-headed
Woodpecker
BCC Ran id
������������
Bird of
Conservation
_____
Concern (BCC)
_____________
thno h tits
���.�����.........`
ranE|�th
� --.---
continental USA
andA]aska�)
+'--- +-+-++--+--1 +--+ +--+ +-f- +--- --+- ++-- --++ ---+
+---+-+-++--+-1 f-'+ +--+ +'|- +--- --+- ++-- --++ ---+
�.
�
-~-4-f ^--4
0\SX i
\~^-
-^+f ^--�
^
+---+-+-+f--+--f f---1- +--� �-f- +� � � -�f� ++-- --+f ---+
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Rusty Blackbird
BCC - BCR (This is a
......................................................
Bird of
...................
Conservation
....................................
Concern (BCC) only
......................................................
in particular Bird
..............................................
Conservation
....................................
Regions (BCRs) in
the continental
...........................................
USA)
Wood Thrush
BCC Ran gewide
(CON) (This is a
..........................
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
-+---- +—+— ++—, +--+ +--+ +--+ +—+— +--- --+— ++-- --,+ ---+
{_--- +-+- ++-- +--1 11-1 I I I 1 1-1 -4-A _-1— ++-- _—++ --_+
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.pf activity you are conducting and the type of infrastructure or
bird species present on your project site.
What does IPaC use to generate the rtiigrwatory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern {BCC) 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 sue, banding, and citizen science datasets and is
queried and filtered to return a list of those birds reported as occurring in the 1 Bkm 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 (Eagle 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?
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 .
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Probability of presence data is continuously being updated as new and better information becomes available. To
learn more about how 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);
Z. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (SCRs) 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.
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 Study and the nanotag studies or contact Caleb Spiegel or Pam
Loring.
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
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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.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO R'- FLJL=E LANDS AT THIS LOCATION.
Fish hatcheries
IHFRF ARE NU 1=iSH HArCHFRIFSAT THIS LOCATION
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404
of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME
This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very
large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at
this location.
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Data limitations
IPaC: Explore Location resources
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of high
altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error
is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in
revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts,
the amount and quality of the collateral data and the amount of ground truth verification work conducted.
Metadata should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and
the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.
These habitats, because of their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory. There is no attempt, in either the design or products of this
inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish
the geographical scope of the regulatory programs of government agencies. Persons intending to engage in
activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal,
state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may
affect such activities.
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USFWS COMMUNICATIONS
UmKa
Environmental, LLc D- 1
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
In Reply Refer To:
Project Code: 2023-0029914
Project Name: Fairhaven Meadows
Y'ti9:r! h 44'Bk,LtYJft
r
January 03, 2023
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 designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed 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.).
Please note that new species information can change your official species list. 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. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species 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
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be 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))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other
01/03/2023
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BABE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BABE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines 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. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, 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 Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
• Wetlands
01/03/2023
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:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
(828) 258-3939
01/03/2023
Project Summary
Project Code:
2023-0029914
Project Name:
Fairhaven Meadows
Project Type:
New Constr - Above Ground
Project Description:
Fairhaven Meadows will be a sixty (60) unit, affordable, multifamily
residential development. Fairhaven Meadows will provide fifteen (15) one
bedroom, twenty-four (24) two bedroom and twenty-one (21) three -
bedroom units across three (3) buildings with a total heated area of
approximately 90,000 square feet of residential space. All three -bedroom
units will have two baths and one- and two -bedroom units will have one
bath. At least five (5) percent of the units will be designed to
accommodate mobility impaired individuals. Building components will
incorporate multiple maintenance free materials, including brick and
composite siding. Each apartment will be furnished with appliances that
will meet energy star requirements.
The site of the proposed apartments consists of approximately 4.56 acres
located at 235 Asheville Highway, Brevard, Transylvania County, North
Carolina. The parcel is currently one property parcel (Parcel ID
8567-24-8025-000). The property is currently undeveloped as single
family residential, as can be seen on the attached aerial map, and is
located outside of the 0.2% annual chance floodplain.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(@35.27038005,-82.71028052196124,14z
L40
Counties: Transylvania County, North Carolina
01/03/2023
Endangered Species Act Species
There is a total of 11 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
Fisheriesl, 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 FWS 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.
Mammals
NAME
STATUS
Gray Bat Myotis grisescens
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
Reptiles
NAME STATUS
Bog Turtle Glyptemys muhlenbergii Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA) Appearance
No critical habitat has been designated for this species. (Threatened)
Species profile: https://ecos.fws.gov/ecp/species/6962
01/03/2023
4
Clams
NAME
STATUS
Appalachian Elktoe Alasmidonta raveneliana
Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5039
Insects
NAME
STATUS
Monarch Butterfly Danaus plexippus
Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
STATUS
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4283
Small Whorled Pogonia Isotria medeoloides
Threatened
Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
Swamp Pink Helonias bullata
Threatened
Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4333
Virginia Spiraea Spiraea virginiana
Threatened
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1728
Lichens
NAME
STATUS
Rock Gnome Lichen Gymnoderma lineare
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3933
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
01/03/2023
USFWS National Wildlife Refuge Lands And Fish
Hatcheries
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
01/03/2023
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
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 Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 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 on 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 Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10
and Alaska.
https://ecos.fws.gov/ecp/species/9399
01/03/2023
VA
NAME
BREEDING
SEASON
Bobolink Dolichonyx oryzivorus Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Canada Warbler Cardellina canadensis Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 10
and Alaska.
Cerulean Warbler Dendroica cerulea Breeds Apr 27
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20
and Alaska.
https://ecos.fws.gov/ecp/species/2974
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25
and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
Golden -winged Warbler Vermivora chrysoptera Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20
and Alaska.
https://ecos.fws.gov/ecp/species/8745
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
Northern Saw -whet Owl Aegolius acadicus acadicus Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 31
(BCRs) in the continental USA
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 Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus 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
01/03/2023
3
BREEDING
NAME SEASON
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 10km 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:
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
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; 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.
01/03/2023
4
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.
probability of presence breeding season I survey effort — no data
SPECIES JANFEB MAR APR MAY JUN JUL AUG SEP OCT NOV I, DEC
Bald Eagle
Non -BCC TT I�I I I I I I I I I I I III I I I I I I I I I I I I LT1111 1
Vulnerable
Black -billed
Cuckoo t
BCC Rangewide
(CON)
Bobolink
BCC Rangewide ttt ttt ttt t T
(CON)
Canada Warbler ++++ ++++ ++++ MtBCC Rangewide -f
(CON)
Cerulean Warbler
BCC Rangewide
T
(CON)
Chimney Swift
}+++ ++++ III
BCC Rangewide
(CON)
Eastern Whip -Poor-
f f f f f
++ -M +} -t I I
will
If If I I
I I I
BCC Rangewide
(CON)
Golden -winged
Warbler
+++ ++++ ++++ +++
BCC Rangewide
(CON)
Kentucky Warbler
BCC Rangewide
L I I L I I L I I I
L I
L
(CON)
Northern Saw -whet
Owl
T
BCC -BCR
Prairie Warbler ++++ ++++ 411" 1111 11
11 IIII IIII IIII 11144444
®E=====1311II3==a====1
-I-�+-I-
I I I i 40 ++++ ++++ ++++ ++++
I I 11411111 moll 1*++ ++++ ++++
I I I I I I ++++ + tt t t + t t t t -}
III- ++++ 1*1041 1111 1111.
II IIII IIII IIII 1111 IIII III+
I I ++++ ++++ ++++ ++++ ++++
01/03/2023
5
BCC Rangewide
(CON) 11l 1111 11l ll1i 1111 1111 11 l 1111
Prothonotary + I I I I I I I I I I+ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Warbler
BCC Rangewide
(CON)
SPECIES JA1N11 FEB
1MAR iAPR MAY JUN JUL AUG SEP OCT
1N1OVl DEC
Red-headed Woodpecker
BCC Rangewide
(CON)
Rusty Blackbird I +++ ++ I
BCC -BCR
Wood Thrush ++++ ++++ ++++ BCC Rangewide +001Neil 00*0 loom Ift+ t I I I I I I I.
(CON)
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.gov/librq�r/
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-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 list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ 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
01/03/2023
warranting special attention because they are a BCC species in that area, an eagle (Eagle 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 Rapid Avian Information
Locator (RAIL,) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
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 how 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 or migrating in my 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 query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. 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.
01/03/2023
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.
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 Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
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.
01/03/2023
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
WETLAND INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED.
PLEASE VISIT HTTPS://WWW.FWS.GOV/WETLANDS/DATA/MAPPER.HTML OR CONTACT THE FIELD
OFFICE FOR FURTHER INFORMATION.
01/03/2023
IPaC User Contact Information
Agency: The EI Group, Inc.
Name: Josh Dunbar
Address: 2101 Gateway Centre Blvd
Address Line 2: Ste 200
City: MORRISVILLE
State: NC
Zip: 27560
Email jdunbar@eil.com
Phone: 9192015151
APPENDIX E
USFS BOTANICAL SURVEY SITE DOCUMENTATION FORM
Vno Ka
Environmental, LLC E-1
Botanical Survey Site Documentation Fon-n
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a• �hnve.� ��aw 5 -
Sur%CY-MCthod (11iiIflk wilh �m '}: I11tultivc ContIol [ } Complete
Description Of Site (Include: topopraplly� elevation, aspect, cu111r11iia1i0 tvpes, Special habitats, rarc C011MIt111dies,
riescripnoiis of rare plant sites IbUil {, Cu.)
�i,�- acrt 'fie co,>; , ap 5evrrA (?t,r�rr(,A (,,- � r,�+rtv+clA�ll } arF.I c►ri2 rA, i,r{ Co"rL,.,,d�
�� Qrr»vC) 's 4f �,,k + e",.t, 4� �, OJ -lw MvvA�l� 4 1Wr} f/.�rG �rn• t Ir ;tiq
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Additional Comments: ' �^0nwa Agf2
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Instructions for completing this form:
Attached to this page, a checklist of commonly encountered species has been compiled for your use. Use the
following codes "A" for abundant, "U" for occasional, or "U" for uncommon to mark the box to the left of
all species that are encountered at the survey site. The combination of the site description (above) and the
completed species list (attached) should proviLlc: ilie reader with a "pi�-:tLlre" of what this site looks like, and, is
the only permanent record that a survey was completed. Therefore, it is very important to fill out this form
accurately and completely. The list of species attached to this form only represents a small fraction of the
species that are known to occur on the forest. Please record all additional Species in the blank spaces or on the
continuation sheet provided. Attach any continuation sheets and maps to the hack of this j`form.
Iti/ I - I" 1l1 �.G-�I.,. t 0'M1%t.'., ` � �•4� t� � ��ii"� � L�L ' �A� L..': 'i.�
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Species Checklist For...
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