20240524 Ver 1_Pender Co K-8 School_TE Assessment Report 4-2-24_20240404

-4r WithersRavenel
Our People. Your Success.
April 2, 2024
RE: Pender Co. K-8 School
Hampstead, Pender County
Federally Listed Threatened & Endangered Species Assessment
WR Project #23-0576
On 2/01/2024, WithersRavenel (WR) conducted a site review of the Pender Co. K-8 School review
area for the purpose of evaluating the presence of federally listed threatened and endangered
species and/or potential habitat within the review area. The review area is approximately 165 acres
and consists of two parcels (Pender Co. PINs: 3282-28-1109-0000 & 3282-29-4656-0000) located
along Hwy 210, south of the intersection of Hwy 210 and Whispering Pines Court in Hampstead,
Pender County, North Carolina (Latitude: 34.372195°N; Longitude:-77.735407°W).
The review area is located within the Cape Fear River Basin (HUC 03030007) and drains to
Harrisons Creek. The NC Stream Index for Harrison Creek is 18-74-49 and the Water Quality
Classification is C;Sw.
WR surveyed the review area for the presence of federally listed threatened and endangered
species, or their potential habitat, protected under the Endangered Species Act (ESA). This report
summarizes the findings of the survey.
Proposed Activities
The review area is being assessed to determine the viability of the site for future development of a
K-8 School.
Site Conditions
The review area is comprised of undeveloped woodlands consisting of mixed hardwood/pine
forest, pine forest, and early successional communities.
The early successional community is located within trails and clearings made for hunting activities.
This community contains emergent herbs and shrubs with a maximum height of 4'. This vegetative
composition consisted of a mixture of blackberry (Rubus occidentalis), goldenrod (Solidago spp.), soft
juncus (Juncu of fusus), broomsedge (Andropogon virginicus), dog fennel (Eupatorium capillifolium), and
common weeds and grasses. There are sweet gum (Liquidambar styraciflua) and red maple (Acer
rubrum) saplings scattered throughout this diverse community. Photos portraying typical conditions
of the early successional community are included in the attached Photo Documentation.
The mixed hardwood/pine forest community is located throughout the review area. The vegetative
composition contains a mix of diverse hardwood species that dominate over the sparse pine
population. The species identified within the canopy of this community are oaks (Quercus spp.), tulip
poplar (Liriodendron tulipifera), sweetgum, red maple, loblolly pine (Pinus taeda) and scattered
individuals of shortleaf pine (Pinus echinata). The understory was comprised of American holly (Ilex
opaca), wax myrtle (Morelia cerifera), southern magnolia (Magnolia grandiflora), loblolly bay (Gordonia
losionthus), horse sugar (Symplocos tinctoria), Chinese privet (Ligustrum sinese), and inkberry (Ilex
glabra). The groundcover was sparsely vegetated due to the dense understory preventing
significant sunlight penetration to the ground. Approximately 40-50% of the mixed hardwood/pine
forest community was classified by the US Army Corps of Engineers (USACE) in the Preliminary
Jurisdictional Determination issued for the review are on 9/12/2023 (AID#SAW-2023-01398).
The approved Wetland Delineation Exhibit has been provided as an attachment. Photos portraying
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typical conditions of the mixed hardwood/pine forest are included in the attached Photo
Documentation.
The pine forest community was broken into two separate communities due to the variation in
canopy density and substory composition. Pine forest (1) is located centrally within the review
area. Based on a review of historic aerials, the pine forest (1) community was agricultural fields up
to 1998. Between 1998 and 2005, this area was left fallow and appears to naturally regenerated
into pine forest. The age of the pine trees is between 19-26 years old. This community consisted
of a semi -closed canopy of loblolly pine. The understory consisted of scattered individuals of horse
sugar, inkberry, and Chinese privet. The groundcover was sparsely vegetated due to the dense
canopy preventing significant sunlight penetration to the ground. Photos portraying typical
conditions of the pine forest (1) community are included in the attached Photo Documentation.
The pine forest (2) community was located in small pockets within the western portion of the mixed
hardwood/pine forest. This community is characterized by an open canopy with scattered
individuals of loblolly pine, and shortleaf pine. The understory is sparse but does contain shrubs
that include horse sugar, inkberry, and red bay (Persea borbonia). The groundcover consisted of
common weeds and grasses, broomsedge, inkberry, and scattered individuals of wiregrass (Aristido
stricto).
Threatened & Endangered Species Review
Methodology
WR generated the official species list prior to the site visit using USFWS' Information for Planning
and Consultation (IPaC), located at https://ecos.fws.gov/ipac/. This species list identifies
threatened, endangered, proposed and candidate species, as well as proposed and designated
critical habitat, that may occur within the boundary of the project and may be affected by the
project. The IPaC list specified that there are thirteen species (northern long-eared bat, tricolored
bat, piping plover, red -cockaded woodpecker, rufa red knot, American alligator, green sea turtle,
Kemp's ridley sea turtle, leatherback sea turtle, loggerhead sea turtle, Cooley's meadowrue, golden
sedge, and rough -leaved loosestrife) that may be within the project area or affected by the project.
There is no designated critical habitat within the review area. The 1/31/2024 IPaC list has been
provided as an attachment.
WR submitted an updated project review request on 1/31/2024 to the NCNHP through their Data
Explorer webpage, located at: httr)s://ncnhde.natureserve.org/, to identify known occurrences of
federally listed threatened or endangered species within 1.0 mile of the review area. The NCNHP
project review did not identify any known occurrences of federally listed species within the review
area or within 1.0 mile, as documented in the attached letter from NCNHP dated 1/31/2024.
On 2/01/2024, WR conducted a pedestrian survey to assess vegetative communities and identify
potential habitat for, or occurrences of federally listed species within or immediately adjacent to
the review area. The review area contained four vegetative communities as discussed in the Site
Conditions section of this report.
Species Synopsis and Preliminary Assessment Results
Plants and animals classified as Endangered (E) or Threatened (T) by the USFWS are protected
under the provisions of Section 7 and Section 9 of the ESA of 1973, as amended. Plants and animals
classified as Proposed Endangered (PE) are currently proposed for official designation of a
protected species under the ESA. While the Bald Eagle is not protected by the ESA, they are
protected under the Bald and Golden Eagle Protection Act (BGEPA) and were included in this
assessment.
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Please note that only species with the potential to occur within the review area have been included
in this report. Marine species and species which only occur on the barrier islands or immediately on
the beaches have been omitted from this report due to a lack of suitable habitat within the review
area (i.e. rufa red knot, piping plover, and sea turtles).
The American alligator is federally listed as threatened due to similarity of appearance to the
American crocodile but are not protected themselves. There are no known populations of American
crocodile within North Carolina. Species listed as T(S/A) are not biologically endangered or
threatened and are not subject to consultation under Section 7 of the ESA. Currently, the American
alligator is not subject to section 7 consultation and therefore the American alligator was not
included in this assessment.
The following table presents the federally listed species on the USFWS IPaC list dated 1/31/2024
for which potential habitat could exist onsite.
Federally Listed Species by USFWS Known or Expected to be Within or Near the Review Area
Common Name
Scientific Name
Federal
Habitat
Biological Determination
Status
Present
Bald Eagle
Holioeetus leucocepholus
BGEPA*
No
No Effect
Northern Long -
Myotis septentrionalis
E
Yes
Not likely to Adversely Affect
Eared Bat
Not Likely to Adversely Affect
Tricolored Bat
Perimyotis subflavus
PE**
Yes
(Pending Official USFWS
Guidance)
Red -cockaded
Picoides borealis
E
No
No Effect
Woodpecker
Cooley's
Thalictrum cooleyi
E
No
No Effect
Meadowrue
Golden Sedge
Carex lutea
E
No
No Effect
Rough -leaved
Lysimachia asperulaefolia
E
No
No Effect
Loosestrife
*BGEPA - Bald and Golden Eagle Protection Act
**PE - Proposed Endangered
Bald Eagle (BGEPA)
Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open
water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of
open water. WR reviewed the NC Natural Heritage Program GIS data to determine the location of
the known bald eagle nest sites and their distance from the review area. Based on the NCNHP GIS
data, there are no known occurrences of bald eagle nesting/roosting sites within 1.0 mile of the
review area. The US Fish and Wildlife Services'" National Bald Eagle Management Guidelines" (May
2007), specifies that activities taking place more than 660' from a Bald eagle nest will have no effect
on the nesting activities.
During the pedestrian surveys, no bald eagles or their nests were observed within or adjacent to
the review area. Additionally, no bald eagles were observed in flight. There is no foraging habitat
within a 1 mile radius of the project, therefore a survey extending 660' from the review area was
not required.
Based on the results of the pedestrian survey and lack of nearby records, WR concludes that the
proposed project will have No Effect on bald eagles.
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Biological Determination - No Effect
Northern Long -Eared Bat (E)
The northern long-eared bat is a medium-sized bat about 3 to 3.7 inches in length but with a
wingspan of 9 to 10 inches. This bat is distinguished by its long ears. During the summer, northern
long-eared bats roost singly or in colonies underneath bark, in cavities or in crevices of both live
and dead trees, typically within the interior of large blocks of mature forests. It has also been found,
rarely, roosting in structures like barns and sheds. There has been no critical habitat designated for
the northern long-eared bat at this time. Based on the review of NCNHP GIS data, there are no
known occurrences of northern long-eared bat within 1-mile of the review area.
Potential habitat for the northern long-eared bat exists within the mixed hardwood/pine forest and
pine forest as these communities contain both live and dead trees. Targeted surveys were not
conducted for northern -long eared bat. There are no known maternity roosts within 0.25 miles of
the review area, as well as no known occurrences within 1.0 mile.
On March 31, 2023, the USFWS reclassified NLEB from threatened to endangered and
implemented an Interim Consultation Framework for NLEB. Consultation tools include a NLEB
Range wide Determination Key that is intended to streamline review of projects for potential
effects to NLEB. Using IPaC, the range wide determination key was completed, and a determination
of May Affect - Not Likely to Adversely Affect was reached. The completed determination key is
attached.
Based on the lack of known nearby occurrences, and the results of the determination key, WR
concludes that the proposed activities are not likely to adversely affect the northern long-eared
bat.
Biological Determination - Not Likely to Adversely Affect
Tricolored Bat (PE)
The tricolored bat is a small insectivorous bat that is distinguished by its unique tricolored fur and
often appears yellowish to nearly orange. Tricolored bats are typically 3 to 3.5 inches long and have
an average weight of 0.25 ounces. The tricolored bat is distinguished by its unique tricolored fur
that appears dark at the base, lighter in the middle and dark at the tip. Tricolored bats often appear
yellowish, varying from pale yellow to nearly orange, but may also appear silvery -gray, chocolate
brown or black.
During the winter, tricolored bats are often found in caves and abandoned mines, although in the
southern United States, where caves are sparse, tricolored bats are often found roosting in road -
associated culverts where they exhibit shorter torpor bouts and forage during warm nights. During
the spring, summer, and fall, tricolored bats are found in forested habitats where they roost in trees,
primarily among leaves of live or recently dead deciduous hardwood trees, but may also be found
in Spanish moss, pine trees, and occasionally human structures.
The USFWS has no definitive guidance on tricolored bat but is working towards developing
guidelines by the time the listing is finalized. The USFWS proposed to list the tricolored bat as an
endangered species under the ESAon September 13, 2022, largely because of white -nose
syndrome, a disease that affects cave -dwelling bats and is decimating hibernating bat species. There
has been no critical habitat designated for the tricolored bat at this time. Based on the review of
the NCNHP GIS data there are no known occurrences of the tricolored bat within 1.0 mile of the
review area.
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Potential habitat for the tricolored bat exists within the mixed hardwood/pine forest and pine forest
communities as these areas contain mature trees. Targeted surveys were not conducted for
tricolored bat.
There are no known maternity roosts within 0.25 miles of the review area, as well as no known
occurrences within 1.0 mile. Any restrictions on tree clearing will not be known until the USFWS
releases the final guidance for the tricolored bat. USFWS has not provided an official effective
listing date. Upon listing, USFWS is expected to provide habitat descriptions and an area of
influence/distribution range for tricolored bat. When this information is provided, it will help to
inform determinations on habitat that could be impacted by proposed actions.
Based on the lack of known nearby occurrences, WR concludes that the proposed activities are not
likely to adversely affect the tricolored bat.
Biological Determination - Not Likely to Adversely Affect (Pending Official USFWS Guidance)
Red -Cockaded Woodpecker (E)
The red -cockaded woodpecker (RCW) occurs in extensive tracts of open stands of mature pines,
particularly longleaf pine (Pinus palustris), for foraging and nesting/roosting habitat, typically 70 to
100 acres or more. The red -cockaded woodpecker is rarely found in deciduous or mixed/pine
hardwoods. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years
or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat.
Optimal habitat is characterized as a broad savanna with a scattered overstory of large pines and a
dense groundcover containing a diversity of grass, forbs, and shrub species. Midstory vegetation is
sparse or absent. Frequent fires maintain the quality of the RCW's habitat. The foraging range of
the RCW is normally no more than 0.5 miles. The review of the NCNHP GIS data did not identify
any known occurrences of RCW within 1-mile of the review area.
The mixed hardwood/pine and pine forest communities within the review area were not considered
potential RCW nesting habitat. The pine forest (1) community was too young and the canopy too
closed to be considered potential foraging/nesting habitat. The pine forest (2) community was also
not considered potential RCW foraging/nesting habitat due to the community being extremely
small (approximately 2-acres) in size which is too small to be considered potential foraging/nesting
habitat. A review of aerial photography determined that there is no large areas of mature pine forest
within 0.5 miles of the review area sufficient to be considered suitable RCW nesting habitat.
Therefore, the review area was not considered potential RCW foraging habitat.
Based on a lack of potential habitat, and a lack of nearby records, WR concludes that the proposed
project will have no effect on RCW.
Biological Determination - No Effect
Cooley's Meadowrue (T)
Cooley's meadowrue is a perennial herb originating from an underground rhizome which usually
grows up to 1 meter in height. In full sun, the stems are erect, and when shaded, stems are lax and
may trail on the ground or lean on other plants. The compound green leaves have leaflets which
are lance -shaped and less than 2 cm long. The flowers have no petals. The sepals on male plants
are pale yellow to white. There are numerous stamens, and the filaments are pale lavender. Cooley's
meadowrue occurs on circumneutral soils in grass -sedge bogs and wetland pine savannahs and
savannah -like areas. It may also grow along fire flow lines, in roadside ditches, woodland clearings
and power line right of way, and needs some type of disturbance such as fire or mowing to maintain
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open habitat. A review of the NCNHP data did not identify any known occurrences of Cooley's
meadowrue within 1-mile of the review area.
The mixed hardwood/pine forest and pine forest communities are not considered potential habitat
due to the dense understory, preventing the penetration of adequate sunlight needed to sustain a
population. The early successional communities were also not considered potential habitat due to
the lack of disturbances needed to maintain a population and will be quickly outcompeted by other
vegetation.
Although the pedestrian survey was conducted outside of the USFWS Optimal Survey Window of
mid -June to early -July, potential habitat for Cooley's meadowrue is not present within the review
area. Based on a lack of potential habitat, and a lack of nearby records, WR concludes that the
proposed project will have no effect on Cooley's meadowrue.
Biological Conclusion - No Effect
Golden Sedge (E)
Golden sedge is a very rare perennial member of the sedge family (Cyperaceae) endemic to the
coastal plain of North Carolina. Stems may reach 1 meter or more in height but are typically 0.5
meters or less in length. The yellowish green leaves are grass -like, with those of the culm mostly
basal and up to 11 inches in length, while those of the vegetative shoots may reach a length of 25.6
inches. Golden sedge is most readily identified from mid -April to mid -June during flowering and
fruiting. It is distinguished from other Carex species that occur in the same habitat by its bright
yellow color, by its height and slenderness, and especially by the out -curved crowed perigynia, the
lowermost of which are reflexed. Golden sedge grows in sandy soils overlying calcareous deposits
of coquina limestone, where the soil pH, typically between 5.5 and 7.2, is unusually high for this
region. Golden sedge prefers ecotones between the pine savanna and adjacent wet hardwood or
hardwood/conifer forest. Most occur in partially shaded savanna/swamp where occasional to
frequent fires favor an herbaceous ground layer and suppress shrub dominance. Soils supporting
the species are very wet to periodically shallowly inundated. Other occurrences may occur on
disturbed areas such as roadside and drainage ditches or power line rights -of -way, where mowing
and/or very wet conditions suppress woody plants. Based on the review of the NCNHP GIS data,
there are no known occurrences of golden sedge within 1-mile of the review area.
The mixed hardwood/pine forest and pine forest (1) communities are not considered potential
habitat due to the lack of disturbances and dense understory, preventing the penetration of
adequate sunlight needed to sustain a population. The pine forest (2) and early successional
communities were also not considered potential habitat due to these communities not being
associated with ecotones between the pine savanna and adjacent wet hardwoods, and a lack of
disturbances needed to maintain a population.
Although the pedestrian survey was conducted outside of the USFWS Optimal Survey Window of
mid -April through mid -June, potential habitat for golden sedge is not present within the review
area. Based on a lack of potential habitat, and a lack of nearby records, WR concludes that the
proposed project will have no effect on golden sedge.
Biological Determination - No Effect
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Rough -leaved Loosestrife (E)
This plant is an erect, rhizomatous, late spring- to early summer -flowering perennial herb which
grows to 2 feet tall. Its leaves are mostly 3-whorled, lanceolate to ovate -lanceolate, sessile, and 2-
4 cm long. There are usually three conspicuous veins on each leaf. The inflorescence is terminal
with 5-petaled, showy, yellow flowers. The fruit is an ovoid or subglobose capsule, 3-4.5 mm in
diameter, with several somewhat winged seeds. Rough -leaf loosestrife occurs most often in
ecotones between longleaf pine uplands and pond pine pocosins in moist, sandy, or peaty soils
with low vegetation that allows for abundant sunlight to the herb layer. Fire is primarily
responsible for maintaining low vegetation in these ecotones. A review of the NCNHP data did
not identify any known occurrences of rough -leaved loosestrife within 1-mile of the review area.
There are no pond pine pocosins/long leaf pine uplands within the review area and therefore
there is no potential habitat onsite. Additionally, the mixed hardwood/pine forest and pine forest
(1) communities have a dense understory, preventing the penetration of adequate sunlight
needed to sustain a population. The pine forest (2) and early successional communities were also
not considered potential habitat due to these communities not being associated with ecotones
between longleaf pine uplands and pond pine pocosins, and a lack of fire disturbance needed to
maintain a population.
Although the pedestrian survey was conducted outside of the USFWS Optimal Survey Window of
mid -May through September, potential habitat for rough -leaved loosestrife is not present within
the review area. Based on a lack of potential habitat, and a lack of nearby records, WR concludes
that the proposed project will have no effect on rough -leaved loosestrife.
Biological Conclusion - No Effect
Summary
The review area does not contain occurrences of, or potential habitat for the bald eagle, red -
cockaded woodpecker, Cooley's meadowrue, golden sedge, or rough -leaved loosestrife, and the
proposed activities will have no effect on these species.
The review area does contain potential habitat for the northern long-eared bat, and tricolored bat.
However, based on the lack of nearby known occurrences, and the results of the determination
key, WR concludes that the proposed activities are not likely to adversely affect the northern long-
eared bat. Based on the lack of nearby known occurrences, WR concludes that the proposed
activities are not likely to adversely affect the tricolored bat.
Therefore, based on our findings and best professional judgement, the proposed project will not
adversely affect federally listed threatened or endangered species.
Please feel free to contact me if you have any questions or concerns regarding the contents of this
report.
Sincerely,
Wi�5therssRavenel
7:
Troy Beasley
Director of Natural Resources
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Attachments:
1) Aerial Exhibit
2) Wetland Delineation Exhibit
3) Vegetative Communities Exhibit
4) USGS Quadrangle Exhibit
5) Pender County Soil Survey Exhibit
6) USFWS IPaC Official Species List
7) NCNHP Project Review Letter
8) Photo Documentation
REFERENCES
1. 2022 Natural Heritage Program List of Rare Plant Species of North Carolina. Compiled by
Brenda Wichmann, Botanist and Meredith Wojcik, Data Manager. North Carolina Natural
Heritage Program; N.C. Department of Natural and Cultural Resources.
2. 2022 Natural Heritage Program List of the Rare Animal Species of North Carolina. Compiled
by Judith A. Ratcliffe and Meredith Wojcik, Data Manager. N.C. Natural Heritage Program; NC
Department of Environment and Natural Resources.
3. Flora of the Southern and Mid -Atlantic States - May 2015 version by Alan S. Weakly,
University of North Carolina Herbarium.
4. Natural Heritage Program Database Search at: httr)s://ncnhde.natureserve.org/ accessed
1/31/2024.
5. NC Natural Heritage Program Project Review Letter dated 1/31/2024.
6. USFWS IPaC Official Species List dated 1/31/2024.
7. 2023 Classification of the Natural Communities of North Carolina - 4th Approximation.
Michael P. Schafale, Ecologist. North Carolina Natural Heritage Program; N.C. Department of
Natural and Cultural Resources.
8. "Find a Species I U.S. Fish & Wildlife Service." FWS.gov, www.fws.gov/species/search.
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Our People. Your Success.
PENDER COUNTY SOIL SURVEY EXHIBIT

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Our People. Your Success.
USFWS IPaC OFFICIAL SPECIES LIST

United States Department of the Interior
,44,� �
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2024-0043276
Project Name: Pender Co. K-8 School
January 31, 2024
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 final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The 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.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that 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. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the IPaC system by completing the same process used to receive the enclosed 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

Project code: 2024-0043276
01/31/2024
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major 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)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
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. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
https://www.fws. gov/sites/default/files/documents/endangered-species-consultation-
handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), 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 U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-
we-do.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.
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Project code: 2024-0043276
01/31/2024
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
■ Official Species List
■ USFWS National Wildlife Refuges and Fish Hatcheries
■ Bald & Golden Eagles
■ Migratory Birds
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:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]
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Project code: 2024-0043276
01/31/2024
PROJECT SUMMARY
Project Code: 2024-0043276
Project Name: Pender Co. K-8 School
Project Type: Commercial Development
Project Description: Hampstead
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)34.3699721,-77.73549460029713,14z
Counties: Pender County, North Carolina
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Project code: 2024-0043276 01/31/2024
ENDANGERED SPECIES ACT SPECIES
There is a total of 14 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.
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
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/10515
BIRDS
NAME
Piping Plover Charadrius melodus
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as 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/6039
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Rufa Red Knot Calidris canutus ru fa
There is proposed critical habitat for this species.
Species profile: https://ecos.fws.gov/ecp/species/1864
STATUS
Endangered
Proposed
Endangered
STATUS
Threatened
Endangered
Threatened
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Project code: 2024-0043276 01/31/2024
REPTILES
NAME
STATUS
American Alligator Alligator mississippiensis
Similarity of
No critical habitat has been designated for this species.
Appearance
Species profile: https://ecos.fws.gov/ecp/species/776
(Threatened)
Green Sea Turtle Chelonia mydas
Threatened
Population: North Atlantic DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
Endangered
There is proposed critical habitat for this species.
Species profile: https://ecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea
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/1493
Loggerhead Sea Turtle Caretto caretta
Threatened
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/1110
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
Cooley's Meadowrue Thalictrum cooleyi Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3281
Golden Sedge Carex lutea 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/6025
Rough -leaved Loosestrife Lysimachia asperulae folia Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2747
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
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Project code: 2024-0043276
01/31/2024
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
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.
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act1 and the
Migratory Bird Treaty ActZ.
Any person or organization who plans or conducts activities that may result in impacts to bald or
golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Bald and Golden Eagle Protection Act of 1940.
2. The Migratory Birds TreateT� of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
There are bald and/or golden eagles in your project area.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE
SUMMARY below to see when these birds are most likely to be present and breeding in your
project area.
NAME BREEDING SEASON
Bald Eagle Hahaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain
types of development or activities.
https://ecos.fws.gov/ecp/species/1626
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 "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper
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Project code: 2024-0043276
01/31/2024
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret
this report.
Probability of Presence ( )
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non -BCC
Vulnerable
Additional information can be found using the following links:
■ Eagle Management https://www.fws.gov/program/eagle-management
■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librqu/
collections/avoiding-and-minimizing-incidental-take-migratory-birds
■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-
proj ect-action
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Acti 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
8of12

Project code: 2024-0043276
01/31/2024
implementing appropriate conservation measures, as described in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Migratory Birds Treaty 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)
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE
SUMMARY below to see when these birds are most likely to be present and breeding in your
project area.
NAME
BREEDING
SEASON
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9587
Bald Eagle Holiaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https://ecos.fws.gov/ecp/species/1626
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9427
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.
https: //ecos.fws. pov/ecp/species/9406
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20
and Alaska.
https://ecos.fws.gov/ecp/species/10678
Painted Bunting Passerina ciris Breeds Apr 25
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15
(BCRs) in the continental USA
https: //ecos.fws. pov/ecp/species/9511
Prairie Warbler Dendroica discolor Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
https://ecos.fws.gov/ecp/species/9513
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Project code: 2024-0043276
01/31/2024
NAME
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/9439
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws. ov/ecp/species/9398
BREEDING
SEASON
Breeds Apr 1 to
Jul 31
Breeds May 10
to Sep 10
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
https://ecos.fws.gov/ecp/species/9478
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.
https://ecos.fws. ov/ecp/species/9431
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 "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret
this report.
Probability of Presence ()
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
probability of presence breeding season I survey effort — no data
10 of 12

Project code: 2024-0043276 01/31/2024
SPECIES
JAN
FEB
MAR APR MAY JUN JUL AUG SEP
OCT NOV DEC
American Kestrel
BCC -BCR
Bald Eagle
Non -BCC
Vulnerable
Brown -headed
Nuthatch
A—
A'— 1„' ---- • — — 1'...
ry
BCC -BCR
Chimney Swift
" —+�
—+�——++
"'—
—+ — ---- -- ---- ----
,
+— —� ---- —++�
BCC Rangewide
(CON)
Eastern Whip -poor-
will
BCC Rangewide
(CON)
Painted Bunting
—+�
—+�—
--++—+'—,
----'--- —
+--- — — — — —++—
BCC-BCR
Prairie Warbler
BCC Rangewide " —'+ —'+—' - N —— — — — — — — — — +--- —++—
(CON)
Prothonotary —+ + + HU Hu —1—
Warbl er
BCC Rangewide
(CON)
Red-headed
Woodpecker
BCC Rangewide
(CON)
Rusty Blackbird—+� —+�— --++ —++— +—+— — — — — — — — — — +--- —
--- ---- --- —
BCC -BCR
Wood Thrush
BCC Rangewide—+�—+�——++ —++ -+
—, — — — — — -- + ---- ---- — — — — — — — —+ +—
(CON)
Additional information can be found using the following links:
■ Eagle Management https://www.fws.gov/program/eagle-management
■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librau/
collections/avoiding-and-minimizing-incidental-take-migratory-birds
■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/SUDDlemental-information-mi:7ratorv-birds-and-bald-and-golden-eagles-mav-occur-
project-action
11 of 12

Project code: 2024-0043276
01/31/2024
IPAC USER CONTACT INFORMATION
Agency: WithersRavenel
Name: Patrick Welsh
Address: 115 MacKenan Drive
City:
Cary
State:
NC
Zip:
27511
Email
[e-mail]
Phone:
9194693340
12 of 12

:r WithersRavenel
Our People. Your Success.
NCN H P PROJECT REVIEW LETTER

Roy Cooper, Governor
&: ■on
■o ■ NC DEPARTMENT OF
11111m ■o NATURAL AND CULTURAL RESOURCES
0 ■o■
January 31, 2024
Troy Beasley
Withers & Ravenel
115 MacKenan Drive
Cary, NC 27511
RE: Pender Co. K-8 School; 23-0576
Dear Troy Beasley:
0 Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-24798
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact the NCNHP at natural.heritaae(a)dncr.nc.aov.
Sincerely,
NC Natural Heritage Program
DEPARItYENT OF NA7URA1., AND LJd.tUPAK. RESCURCES
R�.I :f r...—f .',[.i 'tr f , , . l,,.,,1 r.a,-,�i_ ( I;,jr G� i rlir_
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:r WithersRavenel
Our People. Your Success.
PHOTO DOCUMENTATION

0 WithersRavenel
W. Our People. Your Success.
Pender Co. New K-8 School - Hampstead, Pender County
Photographic Documentation (2/1/2024)
Photo 1: View of typical conditions within Mixed Hardwood/Pine community throughout the review
area.
Photo 2: View of typical conditions within the Early Successional community throughout the review
area.
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington

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