20230766 Ver 1_20190731_ltr_RFO_UNF_reCheekCrkWatershedRehabProj_20230526

�PPt�E14T of lye/yam United States Department of the Interior
O M
a FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
4ACH 9 �a Raleigh,North Carolina 27636-3726
July 31, 2019
Mr. Andrew Walker
Uwharrie Ranger District
United States Forest Service
789 NC 24/27 East
Troy, North Carolina 27371
Dear Mr. Walker:
The U.S. Fish and Wildlife Service (Service) has reviewed your June 24, 2019 email and
biological evaluation (BE) titled "Biological Evaluation, Cheek Creek Watershed Rehabilitation
Project, USDA Forest Service, Uwharrie National Forest, Montgomery County, North Carolina."
The U. S. Forest Service (USFS) proposes to restore and stabilize an impaired section of Cheek
Creek and protect the affected section from unauthorized off-highway vehicular(OHV) traffic.
The project site is on the Uwharrie National Forest approximately 12 miles southeast of the Town
of Troy in Montgomery County. The BE was prepared to enable the USFS to assess potential
impacts of the proposed trail closure and stream restoration on all federally threatened and
endangered species known to occur in Montgomery County. Our comments are provided in
accordance with section 7 of the Endangered Species Act(Act) of 1973, as amended (16 USC
1531 et seq.).
USFS proposes to work with the North Carolina Department of Transportation to close
unauthorized recreational OHV access to a damaged section of the Forest south of SR 1563/Lovin
Road. USFS will stabilize disturbed sections within a 0.25-acre area of the affected landscape.
Key restoration will take place in about 0.3 miles of stream channel in Cheek Creek downstream
of the Lovin Road bridge to the Forest's eastern boundary. Additional details, including a more
thorough description of the project are contained in the BE.
The USFS has considered the potential for the project to have impacts on the federally threatened
northern long-eared bat (Myotis septentrionalis; NLEB) in the BE. Montgomery County falls
within the White-nose Syndrome Zone (U.S. counties in which White-nose Syndrome has been
detected, plus a 150-mile buffer). However, NLEB has not been found in Montgomery County;
there are no known hibernacula within 0.25 miles of the project and no maternity roost trees have
been detected on the Uwharrie NF. The Uwharrie NF is located about 150 miles from the closest
known hibernacula.
Individual bats may be disturbed by human presence and noise during rehabilitation activities.
Temporary adverse impacts could involve inadvertently removing an unknown roost tree during
removal of vegetation for stream bank and stream rehabilitation, or harassment of individual bats
caused by disturbance associated with human presence and noise during rehabilitation operations.
However, the potential for NLEB to be present during these activities is considered remote. The
USFS has determined that the proposed Cheek Creek Watershed Rehabilitation Project may affect
but is not likely to adversely affect the NLEB and will not result in prohibited incidental take.

Per the discretionary framework process identified in the final 4(d) rule, at least 30 days in advance
of funding, authorizing, or carrying out this action, the Uwharrie NF will provide written
notification of the determination of effect on the NLEB to the Service's Raleigh Field Office.
Service concurrence is not required, and if the Service does not respond within 30 days, the
Uwharrie NF may presume its determination is informed by the best available information and
consider its project responsibilities under Section 7(a)(2) with respect to the NLEB fulfilled through
the Service's programmatic biological opinion (Service January 5, 2016).
The BE makes reference to the North Carolina GAP Data Tool analyses to characterize potential
red-cockaded woodpecker (Picoides borealis=Dryobates borealis; RCW) distribution in
Montgomery County. RCWs were present in Montgomery County until the late 1970s—early
1980s. The closest known active RCW clusters are about 35 miles southwest of the project area in
Moore County, North Carolina.
RCWs are territorial and non-migratory, with some individuals not venturing more than two
territories away from their natal clusters. However, a small number of dispersers move dozens of
miles to seek available habitat and breeding vacancies during spring and fall dispersal periods.
Current forest management on the Uwharrie NF is expected to produce stand characteristics that
will provide suitable habitat in the future. Some existing stands may already have the structure to
provide foraging habitat, but currently, suitable roosting and nesting locations appear to be limited
on the Forest.
The proposed project does not involve significant overstory tree removal and the proposed activities
do not directly affect potentially suitable habitat for the RCW. While the Uwharrie NF has the
potential to support future RCW populations, the landscape is not currently within the boundary of
an identified recovery population, e.g., the North Carolina Sandhills East Primary Core Recovery
Population or Sandhills West Essential Support Population. The Service concurs with the USFS's
conclusion that the proposed action will not affect the RCW.
The southern hognose snake (Heterodon simus) is an at-risk species that the Service is assessing
for possible protection under the Act. The southern hognose snake inhabits mixed oak-pine
woodlands, primarily in the Sandhills and North Carolina Coastal Plain, and is known to occur in
Montgomery and neighboring counties to the south and east. It is not known to occur on the
Uwharrie National Forest. In the states where it occurs, including North and South Carolina,
Georgia, and Florida, southern hognose snake populations are patchy and isolated. This snake
spends a great amount of time burrowing underground and in fallen logs and debris seeking toads
as its prey, making the species difficult to detect. The species is dependent on longleaf pine forest
ecosystems with open understories maintained by fire. Loss and degradation of these ecosystems
has contributed to their decline.
The proposed watershed rehabilitation project is on the periphery of the southern hognose snake's
range. Hognose snakes are terrestrial and fossorial. If the species is present it is likely any
individuals will burrow underground or leave the area during excavation and physical
construction of the toe-wood and bankfull bench. Project completion may create habitat for the
southern hog-nosed snake. The USFS has determined that the proposed project will have no
effect on the southern hognose snake.
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The Cape Fear shiner (Notropis mekistocholas) is a federally endangered freshwater minnow
generally associated with gravel, cobble, and boulder substrates in pools, riffles, and slow runs.
This species has the most restricted range of any Notropis shiner, occurring only in the Cape Fear
River Basin. Three hydrologic subunits of the Cape Fear River Basin overlap into Montgomery
County: Upper Bear Creek, and Upper and Lower Cabin Creek. The proposed stream
rehabilitation project is located about 5.4 miles southwest of the Upper Cabin Creek subunit in the
Cheek Creek subunit of the Upper Pee Dee Basin. The closest element occurrences for Cape Fear
Shiner are over 21 miles northeast of the project site.
The project is in a separate river basin from the basin that contains the Cape Fear shiner. The
proposed stream rehabilitation may cause short term, local disturbance to Cheek Creek but will
improve water quality, providing overall better fish habitat. The USFS has determined that this
project would have no effect on the Cape Fear shiner.
The Atlantic pigtoe (Fusconaia masoni) is a small freshwater mussel found in seven of the
original 12 river basins in which it was historically found, including the Yadkin-Pee Dee River in
North Carolina. The Service is proposing to list this species as threatened under the Act. The
Atlantic pigtoe primarily burrows in coarse sand and gravel for breeding, feeding, and cover,
typically in small creeks to larger rivers. These are characterized by excellent water quality with
sufficient flows to maintain clean, silt-free stable gravels, often downstream of riffle areas. The
Atlantic pigtoe is threatened by habitat fragmentation, development with impermeable surfaces,
increased water quantity, decreased water quality, and increased water temperature.
The closest known Atlantic pigtoe element occurrence is 6.49 miles west southwest of the project
site, in the Big Town Creek-Little River subunit. The BE characterizes Cheek Creek in the
project area as a shallow stream with sediment, making the project site poor habitat for the
Atlantic pigtoe. The proposed rehabilitation project will improve overall stream water quality
which would benefit freshwater fauna. Due to the limited extent of project-related disturbance,
the potential for any impacts to this species is very remote. USFS has determined that the
proposed action would not affect the Atlantic pigtoe.
There element occurrences for the brook floater (Alasmidonta varicosa) for at least 14 North
Carolina counties, including Montgomery County. As explained in the BE, North Carolina brook
floater populations are small and isolated and have experienced significant declines. The BE also
states that habitat is typically high relief streams among boulders in silt-free sand with high
oxygen and swift currents. Presently, the involved creek system is characterized as a slow-
moving creek, which tends to have plenty of sediment and lower oxygen. The USFS has
determined that the proposed action would have no effect on the brook floater.
As discussed in the BE, the Savannah Lilliput (Toxolasma pullus) occurs in the Denson's Creek
subbasin, a tributary to the Little River in Montgomery County, and the Little River subbasin,
upstream of Denson's Creek, in Randolph County in North Carolina. Habitat for the Savannah
Lilliput is generally sand, silty-sand or mud in still shallow waters near shore. Little is known of
its life history. Cheek Creek is a tributary to the Little River in Montgomery County, downstream
of the Denson's Creek subbasin, and could potentially contain a Savannah Lilliput population.
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The Savannah Lilliput has not been found in Cheek Creek. There is a relatively small potential
for Lilliput individuals to be present in the project location. Impacts would be short-term and
limited in scale. The proposed action will result in increased water and substrate quality
improving conditions for this species in the long term.
The BE summarizes the baseline conditions for federally listed plant species and USFS rare plants
known to occur on the Uwharrie National Forest and within the project area, including
Schweinitz's sunflower, Smooth coneflower, Michaux's sumac, Prairie wild blue indigo, Ravine
sedge, and Piedmont aster. Generally the project area is highly degraded as a result of
unauthorized activities and in its present condition, does not provide suitable habitat for rare
plants known to occur in Montgomery County or the Uwharrie National Forest.
Based on a review of the information provided, the Service concurs with the USFS's determination
that the proposed Cheek Creek Watershed Rehabilitation Project on the Uwharrie National Forest
may affect but is not likely to adversely affect the northern long-eared bat. The Service concurs
with the USFS's determination that project will have no effect on the red-cockaded woodpecker,
Cape Fear shiner, Atlantic pigtoe, Schweinitz's sunflower, smooth coneflower, Michaux's sumac or
any other federally listed species or species proposed for listing on the Uwharrie National Forest.
We believe that the requirements of section 7(a)(2) of the Act have been satisfied. We remind you
that obligations under section 7 consultation must be reconsidered if: (1) new information reveals
impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered; (2) this action is subsequently modified in a manner that was not considered
in this review; or, (3) a new species is listed or critical habitat determined that may be affected by
the identified action.
If you have any questions regarding this matter, please contact Mr. John Hammond at 919-856-4520
(Ext. 28). Thank you for your continued cooperation with our agency.
Sincerely,
. 4_���qd
Pete Benjamin
Field Supervisor
Literature Cited:
https://www.fws.gov/Midwest/endangered/mammals/nleb/pdf/S7FrameworkNLEB 17Feb2016.pdf
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