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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 ro �a �44 Ra � ry Z g,F a a P� A y 04", J�1ar'dann Fdr;Ar Sy Rac main nal M,*4 Awd:u �a naPfar Loap ylaso 4 sq v r. a °r Campgroa� "Ch., �a :l •{ el 141 SS�p'g�C'° C'+885 4� w a of ce Q 'a eall ^feH 4 �yrat*h' F-Lrry,jIecre ,Yinrw! p. ' ¢ c 4 Mda � - �cxrsta ��bryY Y' � i� Ka yr•. 1-k?�a ` a afe hyt, Pisgah Forest lu �ryrybs Crack Rd �`0 ;s1 iit c� ti d JnsS` 4�°nd'Rd 41 0 oCsdaaQ F b Maunr yin. 5 +` Sol c, - °fir Martrs Rcf 1si Are r c"°in Nal Llr ay d .. C ! YYit,tC f 9 m 0S" lrf ram a°CI Carr Lumbar, ' , p. �JC 9V'pd,y.. Orr«t; ;ll lr ]rk .f't'yhr. 4r a 7r1 F1:: •. Ixl l:fl r�"ra C.awa �'a Davidson River '17 iy ` SPdd r11 . 171 ' p0 n or andu t vu,.•1r1• . Adour, a o •1 o Whltr Oaks Cnvrr h y? marg l+a > � ��y,tc {yy e' � 0 1,000 2, 100 N Legend Feet — Project Study Area (At urlghai ducumem size of asxll) 1.24,000 A09W ® Stantec Project Location Prepared by GRG on 2023-03-17 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, , USG S, Intermap, INCREMENT P, NRCan, Esri 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 data. I I � r I . f . • .J "k 1 a w r \ _ 1. � � � •� '�^s a '�. • .tag „ !I � � � " ., � to � _ ,� ,•. rIle - y _ lPlaau _ •Mpr G • —�r^,�.�'�C ! N p'�Y(I Y,%=f � � .y 1. `✓ f .._ r �� l � ��, .'Y � - + �"�CiA.4 _ "•�' tAcYT - f `y'`�r �� �l'.,I� ✓f __ /ari.+ � ''• ,"^M` t T.. ,• µ...'_�r..�-(�yr�YJ r t7 if r - _tea � • � , '`- � Ctlrnmunf, •�,�,1 1 J" • . ] •'�' 1'c,*'• t 11 1 t • y .� ?7K� Fd�t r -- _ ��` w'"!, � { Moev .• ... , 0 1,000 2, loo N Legend Feet — Project Study Area (At orlghe1 doonment size of a5x11) 1.24, 000 ® Stantec Pr ject 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 Client/Pr ject 215617608 REVA Notes Fairhaven Meadows 1. Coordinate System: NAD 1983 Statelalane North Carolina FIPS 3200 Feet 2. Data Sources: USGS 24K Topoquad: Figure No. Z Hendersonville, NC 3. Background: Copyright:m 2013 National Teo Geographic Society, i-cubed U SG S Topoquad M a p 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, USGS, AemGRID, IGN, and the GIS User Community Legend 0 100 200 N Feet — Project Study Area (At-y—I document size of 8.5xl1) - Potential Jurisdictional Wetland 1:z,400 — Potential Jurisdictional Stream 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. TF i ti Q a � N � m tp r H N ® y.5pp0,6 7 �_ rn O C O RCs a .W mlW r .71 m ul V W Dr cA Vl � 0 a C a � u � � � 0 .o o_ a 0 w c7 ao (D N j 0 .m S w o w w 0 w Op0 U o -o W 0 W D C U U 0 1� -o T m -0 m 0 O m U E 0 -o w -0 0 O O .. S 0 w -o j o J N m O J m J w 0 O J J C f0 ■ ■ T T E W f0 4 4 J■ • -o J cn O cn d y 0 V 0 r u� 0- 0 0 0 • N w N LO N N O (0 00 0 0) co N U U U N O U rn � vi Q (6 U Q t >w �4102 /� 3 dose"Y _ 0 z0 n e a z 3 g LL LLm �yu�o��vNo 8 -zU oleo. o O®p'-o1 i r m - €3 ;l G3 <3 I � a i a i P I m w4@ 31 / a S;i n d u gA 4J E52'u 'Gb o mLLmE 3 U 2 - J o M F x - - 0 moo. �---- - o< e 0 n, - - (I� w 3 A 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 03/29/2023 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 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. 03/29/2023 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. 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 trevor.walker@stantec.com Phone: 9803841091 0 NIP, TV 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 , �YN Photo 20: Chestnut hauls observed in abundance on site. Vnakc Ewwomnenia: LLC A-1 1 FIGURES/MAPS UmKo Environmental, LLC B- MUS`������/���c U.S. OEPARTMWtlF THE IH MIL q1 yN�+..�r,Irs flr"" FOREST QUADRANGLE lei US. GEGLOGICALSURM YI'uV IO IY i.s,rYllCAMOUM ISs•.. ie,u Al11rE i31 ,JII 8' r11 Yl N: 9E if, _i xixn �NAell a Z. u•� y y p. - c A •l � �^ \ oo fire Mxrn � �12 14 . ..... .... � H11:L5 RF1'p'R , N a 0 r.e., Fo os d`a r`ven Meadows Location y r a ` p 1.._ i � a IHis .. Ri�tr � 11 ri r] ni 45 4�1 +8 H SO St 'R'�E afel i1.rYR' i¢e1'.Pn IMiced Mtlx 9hvrc.ISeeees E.¢1°eeol5.ern. vNIP4wI11M `""""` ew rim ap rrr ems. �n�r..aw �iie n i ' wn�.w, ,n rw w•..e.-...+r ,a ,.wa.. ry r pre,Yleew NnS pew r..n wa�.w...� FOREST. HC .. r ° • � er... i.e.:w �rw w....rrwa .a....ca.W..wn. 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R � O tt C � O • R R * U F m y C O y o .� O Q U) a° a° N c R N Q a O` U O C C > > Q Q C > Q G) R a Q Q o o w a Q > 3 3 y O o R O O o m > > m ° w o 0 LU , a Q _ `o 0 CL o a R R R R y C) — 3 3 O T -a w > > = a F R a o O coi O o o Y o a y Q o 0 cn cn 0 cn o p m o R m U O U (7 (7 m J 'm R J y N a O m m U) R U) o U) in a U) o U) w a R 20!■ y Q y U) U UO � U � U) (n > m O aj U Q _a O U m 0 m Z Soil Map —Transylvania County, North Carolina 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 30 percent slopes 2.2 26.9% FaF Fannin fine sandy loam, 30 to 50 percent slopes 2.7 33.4% HE Brasstown-Junaluska complex, high precipitation, 15 to 30 percent slopes 0.4 5.5% TeD Tate fine sandy loam, 8 to 15 percent slopes 2.8 34.2% Totals for Area of Interest 8.2 100.0% k;sim Natural Resources Web Soil Survey 3/18/2022 Conservation Service National Cooperative Soil Survey Page 3 of 3 E t T ` k. 'a �.. f *4 i w r r, P" 7' Legend r•: X4 NC c .. x Parcel PIN 20326 Carol i na L. Garinin 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: https:Hipac.ecosphere.fws.gov/location/EYJ6EEASIZDKVC2HUHPYPN4UJA/resources 4/13 3/18/22, 2:45 PM IPaC: Explore Location resources • 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 https:Hipac.ecosphere.fws.gov/location/EYJ6EEASIZDKVC2HUHPYPN4UJA/resources 5/13 3/18/22, 2:45 PM IPaC: Explore Location resources 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 https:Hipac.ecosphere.fws.gov/location/EYJ6EEASIZDKVC2HUHPYPN4UJA/resources 6/13 3/18/22, 2:45 PM IPaC: Explore Location resources 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. https:Hipac.ecosphere.fws.gov/location/EYJ6EEASIZDKVC2HUHPYPN4UJA/resources 7/13 3n8/222:45pm |paC Explore Location resources 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 _____ Bird of 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 ---+ 3/18/22, 2:45 PM IPaC: Explore Location resources 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 . https:Hipac.ecosphere.fws.gov/location/EYJ6EEASIZDKVC2HUHPYPN4UJA/resources 10/13 3/18/22, 2:45 PM IPaC: Explore Location resources 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 https:Hipac.ecosphere.fws.gov/location/EYJ6EEASIZDKVC2HUHPYPN4UJA/resources 11 /13 3/18/22, 2:45 PM IPaC: Explore Location resources 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. https:Hipac.ecosphere.fws.gov/location/EYJ6EEASIZDKVC2HUHPYPN4UJA/resources 12/13 3/18/22, 2:45 PM 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. https:Hipac.ecosphere.fws.gov/location/EYJ6EEASIZDKVC2HUHPYPN4UJA/resources 13/13 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 Site Name: y SLiry e or: fx�•e►�e I) �t�: i � � 2�2� � I Ii s- On Site: U.S 1L� s: LI, S� aq.-e 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 At. 21(o eAwu M �(X `�-,; c"^" c��,l -/ �rc :� ry td �. "l i 4.+fr A 1 r 4 L...J dar �hoz•-.� !- .c�. I:" , .: ., '-C :i.►" ' � "YH �,NV@l.W.'' s : /i�=� /W.. y.rr t : rt t d J .�- f J } C,F' �} :''* c� r; s ca�r,n : G �dLrr« Cc•+'t� r a �o ; lF:viu. t'zc � � 1.r Ptllyir, J� �� �r�r• V frr �1li eWt. , � l'� '7 Y•hw��ne� �;.-, �,. �� I',t•: �,✓r4� :r rr� , , .. L r� �I � I {{ II fit. FV PyyFI nAI!^_k"or `T„P, �ry�o �[/ J Ja Pon4 j''d7�s'F1 F''f fV.e� .0 C 1�{:XI'r : n .a A ,-1 (�vM�-/.t,' �. AA � L!� WI�V1311i1r� 7 N " Jb4 1� �r ! Ace- 1''.�M t•ri S i.ec a• r e t M r 5 c�� IS Coa�.� �G�,l,ta, Vk �.: r�,;.; xC...,. ?n1 2ib�: �rr^r i"In'C?C Nhw M+. YTn'v le.t 'tom-r;.f �'_r�;�� �.-- +..C"i rc,,.- �..w �.`:-.j l:- 5c,.-.._�[�.4 I'�A.r7.!'�►1 a(pC ltn?r.fyr." r I LS Species I- ound: �1 airret %Veeds Ll wintered: ( ri fc-k with dii '•.r ') Mea Viability Concern Species Found: 1vwas4tc �� chyca"s.rr EuD� rriAs.. 1t��s r rurrR,)1rr�r Additional Comments: ' �^0nwa Agf2 Aja ansoer c Vast.cwr`pyI' t 144. wrs' N,aM4V' :f t t ;�I; yUr IY1'tfSerlS.. l�J1'�n p��s��rieryt qts L-x., l;fsl,l4 v� 14>4 t 4, die■ 6J f �7fi., 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.� 1ta �.. X C.:a A l tI Of Species Checklist For... 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