20150045 Ver 3_USFWS Project Code 2023-0073417_20230605

Baker, Caroline D
From: Amber Lipsky <[e-mail]>
Sent: Monday, June 5, 2023 3:33 PM
To: Perez, Doug J CIV SAW; Pitner, Andrew
Cc: Heath Caldwell
Subject: Fwd: [EXTERNAL] WEPG#00722-Sanctuary at Southgate- USFWS Project Code
2023-0073417
Attachments: Sanctuary at Southgate- USFWS Response Project Code 2023-0073417.pdf
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Good afternoon,
Please see attached/below for the FWS response on the Sanctuary at Southgate site (SAW-2015-00189/DWR#15-0045).
Please let me know if you have any questions.
All the best,
Amber
---------- Forwarded message ---------
From: Hamstead, Byron A <byron [e-mail]>
Date: Mon, Jun 5, 2023 at 3:06 PM
Subject: RE: [EXTERNAL] WEPG#00722-Sanctuary at Southgate- USFWS Project Code 2023-0073417
To: Lisa Gaffney <[e-mail]>
Cc: Len Rindner <[e-mail]>, Heath Caldwell <[e-mail]>, Daniel Kuefler
<[e-mail]>, Amber Lipsky <[e-mail]>, Jeff Levi <leff.levi@wetlands-
epg.com>
Hey Lisa,
Sorry for my delay. It looks like the response I drafted on May 19 did not send and was saved to drafts.
We offer the following comments/concurrence to inform prudent effect determinations to federally listed species from
the appropriate action agency:
Based on the information provided, low quality suitable habitat is present within the proposed action area for the
federally endangered Schweinitz's sunflower (Helionthus scwheinitzii) and Michaux's sumac (Rhus michouxii). However,
targeted botanical surveys of the proposed action area conducted during the appropriate timeframe (week of October 3,
2022) did not detect evidence for those species at that time. Therefore, we would concur with "may affect, not likely to
adversely affect," determinations for these species from the appropriate action agency. These survey results are valid
for 2 years for the purposes of consultation under section 7 of the Endangered Species
Act. https://www.fws.gov/story/2022-03/north-carolinas-federally-threatened-endangered-and-risk-plant-species
Based on the information provided, suitable forage and/or roosting habitat for the proposed endangered tricolored bat
(Perimyotis subf1ovus), may occur within the proposed action area. To avoid impacts to this species, we highly
encourage project proponents to accomplish any necessary tree clearing outside of the "active season" for this

animal. The active season for tricolored bat occurs during the warmer time of year from April 1- October 15. Although
this species is not currently afforded legal protection under the Endangered Species Act, this impact minimization
measure would support our concurrence with a "may affect, not likely to adversely affect" determination from the
appropriate action agency should this species become listed in the future. If the proposed action would not affect
suitable habitat for this animal, we would not object to a "no effect" determination from the appropriate action agency.
The information provided indicates that suitable habitat is not present within the proposed action area for any other
federally listed species. Therefore, we require no further information and consider consultation to be complete at this
time. Please be aware that obligations under section 7 of the Act must be reconsidered if: (1) new information reveals
impacts of the identified action may affect listed species or critical habitat in a manner not previously considered, (2) the
identified action is subsequently modified in a manner that was not considered in this review, or (3) a new species is
listed or critical habitat is determined that may be affected by the identified action.
Please contact me if you have any questions. I hope you and your team are well,
Byron
From: Lisa Gaffney <[e-mail]>
Sent: Tuesday, April 25, 2023 8:00 AM
To: Hamstead, Byron A <byron [e-mail]>
Cc: Len Rindner <[e-mail]>; Heath Caldwell <[e-mail]>; Daniel Kuefler
<[e-mail]>; Amber Lipsky <[e-mail]>; Jeff Levi <jeff.levi@wetlands-
epg.com>
Subject: [EXTERNAL] WEPG#00722-Sanctuary at Southgate- USFWS Project Code 2023-0073417
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
Dear Byron,
WEPG would like to submit a Threatened and Endangered Species report for your review for concurrence
(attached). Below are some relevant details about the project:
• USFWS Project Code: 2023-0073417 (official species list attached)
• Project description: The Sanctuary at Southgate is approximately 100 acres of farmland just south of
Poplin Road in Union County NC proposed for development into a single family residential subdivision.
• Federal Action: impacts to Waters of the United States
• Federal Nexus: we anticipate the need for Nationwide Permits
• Federal Agency: United States Army Corps of Engineers
• Action Area: Jurisdictional Waters of the US present on the site
• Effects of the action on Threatened and Endangered Species: WEPG concludes there will be "no effect" or
"may affect, not likely to adversely affect" on the listed species as detailed in the attached Threatened and
Endangered Species report.
Please let me know if you have any questions or need any additional information. Best regards,
Q

Lisa Gaffney
Biologist, CEPSCI
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
704-502-7799
www.wetlands-eDR.com
Amber Lipsky
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
www.wetlands-epg.com
401.339.4292

Amber Lipsky <[e-mail]>
WEPG#00722-Sanctuary at Southgate- USFWS Project Code 2023-0073417
Hamstead, Byron A <[e-mail]> Mon, Jun 5, 2023 at 3:06 PM
To: Lisa Gaffney <[e-mail]>
Cc: Len Rindner <[e-mail]>, Heath Caldwell <[e-mail]>, Daniel Kuefler
<[e-mail]>, Amber Lipsky <[e-mail]>, Jeff Levi <[e-mail]>
Hey Lisa,
Sorry for my delay. It looks like the response I drafted on May 19 did not send and was saved to drafts.
We offer the following comments/concurrence to inform prudent effect determinations to federally listed species from the
appropriate action agency:
Based on the information provided, low quality suitable habitat is present within the proposed action area for the federally
endangered Schweinitz's sunflower (Helianthus scwheinitzii) and Michaux's sumac (Rhus michauxii). However, targeted botanical
surveys of the proposed action area conducted during the appropriate timeframe (week of October 3, 2022) did not detect
evidence for those species at that time. Therefore, we would concur with "may affect, not likely to adversely affect,"
determinations for these species from the appropriate action agency. These survey results are valid for 2 years for the purposes of
consultation under section 7 of the Endangered Species Act. https://www.fws.gov/story/2022-03/north-carolinas-federally-
threatened-endangered-and-risk-plant-species
Based on the information provided, suitable forage and/or roosting habitat for the proposed endangered tricolored bat
(Perimyotis subflavus), may occur within the proposed action area. To avoid impacts to this species, we highly encourage project
proponents to accomplish any necessary tree clearing outside of the "active season" for this animal. The active season for
tricolored bat occurs during the warmer time of year from April 1- October 15. Although this species is not currently afforded
legal protection under the Endangered Species Act, this impact minimization measure would support our concurrence with a "may
affect, not likely to adversely affect" determination from the appropriate action agency should this species become listed in the
future. If the proposed action would not affect suitable habitat for this animal, we would not object to a "no effect" determination
from the appropriate action agency.
The information provided indicates that suitable habitat is not present within the proposed action area for any other federally
listed species. Therefore, we require no further information and consider consultation to be complete at this time. Please be
aware that obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of the identified
action may affect listed species or critical habitat in a manner not previously considered, (2) the identified action is subsequently
modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may
be affected by the identified action.
Please contact me if you have any questions. I hope you and your team are well,
Byron
From: Lisa Gaffney <[e-mail]>
Sent: Tuesday, April 25, 2023 8:00 AM
To: Hamstead, Byron A <[e-mail]>
Cc: Len Rindner <[e-mail]>; Heath Caldwell <[e-mail]>; Daniel Kuefler
<[e-mail]>; Amber Lipsky <[e-mail]>;Jeff Levi <jeff.levi@wetlands-
epg.com>
Subject: [EXTERNAL] WEPG#00722-Sanctuary at Southgate- USFWS Project Code 2023-0073417

This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding.
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