20240583 Ver 1_Pender Co LEC self-certification-2-20-24_20240417

aP�t��.NT OF Tfy�'
y Zo United States Department of the
a
9 FISH AND WILDLIFE SERVICE
�gACH 3. �aa
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date. 2/20/24
Self -Certification Letter
Project Name Pender LEC
IPaC Project Code:
Dear Applicant:
2024-0010578 IPaC Record Locator 4
Y1fASNN GL His
Interior
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
❑"no effect" determinations for proposed/listed species and/or
proposed/designated critical habitat; and/or
❑M "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑E "no Eagle Act permit required" determinations for eagles.
Version 5/22/2023

Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the "no effect" or
"not likely to adversely affect" determinations for proposed and listed species and
proposed and designated critical habitat; the "may affect" determination for Northern
long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov. If you have any
questions, you can write to us at [e-mail] or please contact Leigh Mann of
this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package
Version 5/22/2023

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40 WithersRavenel
,. Our People. Your Success.
February 20, 2024
Re: Pender County Law Enforcement Center - Burgaw, Pender County
Threatened & Endangered Species Assessment Report
WR Project #03190856.00
On November 7, 2023, WithersRavenel (WR) conducted a site review of the specific areas
associated with the Pender County Law Enforcement Center (LEC) 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 ±114 acres located north of the Pender Correctional Institution and is located
along Old Savannah Road (Lat: 35.564469°N; Lat:-77.941495°W). The review area consists of a
large farm field, the Right of Way (ROW) of Old Savannah Road, and an existing dirt/gravel road
that connects to the Pender Correctional Institution. The review area is in the Cape Fear River
Basin (HUC: 03030007 ) and drains to Burgaw Creek (Stream Index: 18-74-39); Surface Water
Classification: C; Sw).
Proposed Activities
The project consists of construction of a detention center, sheriff's office, 911 operations center,
connection to offsite utilities to serve the LEC, and a new driveway to serve the western side of
the LEC site.
Site Conditions
The review area consists of early successional, mowed/maintained, mixed hardwood/pine forest
and planted pine communities.
Most of the review area consists of a fallow farm with early successional plants. Based on historical
aerial photography, this area has been farmed since at least 1950s until recently (estimated 2020).
This community contains a dense stand of emergent herbs with a maximum height of 5 to 6 feet
tall. This vegetative composition consists of a mixture goldenrod (Solidago spp.), broomsedge
(Andropogon virginicus), dog fennel (Eupatorium capillifolium), and other common weeds and
grasses. There are sweet gum (Liquidambarstyrociflua), wax myrtle (Morelia cerifera), and red maple
(Acer rubrum) saplings scattered throughout this community. Photos portraying typical conditions
of the early successional community are included in the attached Photo Documentation.
The mowed/maintained vegetative community is along the ROW of Old Savannah Road and the
existing dirt/gravel road that connects to the Pender Correctional Institution. The
mowed/maintained vegetative community consists of a mixture of bahia grass (Paspalum notatum)
and Bermuda grass (Cynodon dactylon) with crab grass (Digitaria spp.), white clover (Trifolium
repens), common dandelion (Taraxacum officinale), and other common grasses and weeds. The
vegetation within this community is mowed at a frequency sufficient to maintain vegetation
heights between 5 and 7 inches and is mowed frequently enough to prevent the growth of woody
species.
Along portions of Old Savannah Road, outside of the ROW, there is a mixed hardwood/pine forest.
The mixed hardwood/pine forest consists of red maple (Acer rubrum), sweet gum (Liquidambor
styrociflua), oaks (Quercus sp.) and loblolly pine (Pinus toedo). These trees create a dense overstory
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with little herbaceous vegetation. Along the edges of the forest, there are grapes (Vitis sp.), green
brier (Smilax rotundifolia), and Chinese privet (Ligustrum sinense).
The planted pine community consists of approximately 2.5 acres of planted longleaf pine (Pinus
palustris). The understory is mowed maintained and has similar vegetation as the
mowed/maintained community.
Burgaw Creek is located along the northern portion of the review area. Along the southern
boundary of the review area and near the Pender Correctional Institution are two unnamed
tributaries to Burgaw Creek that flows under Old Savannah Road.
Threatened & Endangered Species Review
WR submitted a project review request to the NCNHP through their Data Explorer webpage,
located at: https://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.
However, it did identify one federally listed species (chaffseed) within 1.0 mile of the review area,
as documented in the attached project review letter from NCNHP dated 10/30/2023. This
occurrence was last observed in 1953 and according to the NCNHP letter element occurrence
rank, which is an estimate of the viability of the occurrence, is listed as "X" which indicates that
the occurrence has been destroyed.
An official species list was generated using USFWS' Information for Planning and Consultation
(IPaQ, located at https://ipac.ecosphere.fws.gov/, on 10/30/23 and 1/31/24. 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 fourteen species (northern long-eared bat,
tricolored bat, piping plover, rufa red knot, red cockaded woodpecker, American alligator, green
sea turtle, leatherback turtle, Kemp's Ridley sea turtle, loggerhead sea turtle, Cooley's meadowrue,
golden sedge, rough -leaved loosestrife, and monarch butterfly) that may be within the project area
or affected by the project. There is no designated critical habitat within the review area. The IPaC
list has been provided as an attachment.
The monarch butterfly is listed as a candidate species. Candidate species are not required to have
consultation with USFWS under Section 7 of the ESA and therefore the monarch butterfly was
not included in this assessment.
The American alligator is listed as threatened due to the similarity in 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 Section 7 consultation and therefore the American alligator was
not included in this assessment.
On 11/7/23, 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. Though the bald eagle is no longer protected under the Endangered Species Act,
it is still protected under the Bald and Golden Eagle Protection Act (BGEPA) and was included in
the survey. The review area contains four vegetative communities as described in the Site
Conditions section of this report.
Species Synopsis and Pedestrian Survey Results
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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.
The following table presents federally listed species identified by the USFWS IPaC list dated
10/30/23 and 1/24/24. The Bald Eagle has been included as it is still protected under the BGEPA.
Marine and aquatic species and species which only occur on the barrier islands or immediately on
the beaches have also been omitted from this report due to a lack of suitable habitat within the
review area (sea turtles and shorebirds).
Common Name
Scientific Name
Federal
Habitat
Biological Determination
Status
Present
Bald eagle
Haliaeetus leucocephalus
BGEPA*
No
No Effect
Northern long-eared
Myotis septentrionalis
E
Marginal
Not Likely to Adversely
bat
Affect
Red -cockaded
Picoides borealis
E
No
No Effect
woodpecker
Rough -leaved
Lysimachia asperulaefolia
E
No
No Effect
loosestrife
Cooley's Meadowrue
Thalictrum coolei
E
No
No Effect
Golden Sedge
Carex lutea
E
No
No Effect
Tricolored bat
Perimyotis subflavus
PE**
Marginal
Not Likely to Adversely
Affect
Chaffseed
Schwalbea americana
j E
j No
j No Effect
*Bald and Golden Eagle Protection Act
** Proposed Endangered
Bald Eagle (BPEGA)
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. The review of the NCNHP GIS data did identify a known occurrence of a bald eagle
nest within 1.0 mile of the review area.
Most of the project area does not contain trees. The few trees located in the review area are not
large dominant trees. Additionally, there are no large bodies of open water within 1.0 mile of the
project area. No bald eagles were observed during the site review. Therefore, the project area is
not suitable for nesting or foraging habitat for bald eagles.
Per the National Bald Eagle Management Guidelines, activities taking place more than 660' from
a bald eagle nest will have no effect on nesting activities. Based on a lack of existing eagle nests
within 660' of the review area, WR concludes that proposed activities within the review area will
have No Effect on bald eagles.
Biological Determination - No Effect
Northern Long -Eared Bat (E)
The northern long-eared bat (NLEB) 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,
Page 3 of 8
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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 the NCNHP GIS data, there are
no known occurrences NLEB within 1.0 mile of the review area. Targeted surveys for NLEB were
not conducted.
The early successional and mowed maintained vegetative communities are not considered suitable
habitat due to the lack of trees. The only potential suitable habitat is the mixed hardwood/pine
forests and the planted pine. There is no expected tree clearing along Old Savanah Road, as the
project will be contained within the existing ROW. Any potential tree clearing will be limited to a
small area of the 2.5 acre planted pine.
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 the project is
reasonably certain not to cause incidental take of NLEB. The completed determination key is
attached.
Due to the limited potential suitable habitat present, lack of nearby records, limited tree clearing,
and the determination made from Range wide Determination Key, WR concludes that the
proposed activities is Not Likely to Adversely Affect the northern long-eared bat.
Biological Determination - Not Likely to Adversely Affect
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. Based on the review of the NCNHP
GIS data, there are no known occurrences of RCW within 1.0 mile of the review area.
The review area consists of mostly of early successional and mowed/maintained and mixed
hardwood/pine forest and does not contain potential RCW nesting habitat. The area of planted
pines is approximately 2.5 acres and is not considered potential habitat. Additionally, there are no
large, mature pine dominated areas within 0.5 miles of the review area. Therefore, the review area
does not contain potential RCW foraging habitat.
Based on a lack of suitable nesting/foraging habitat within the review area, along with a lack of
nearby records, WR concludes that proposed activities will have No Effect on the red -cockaded
woodpecker.
Biological Determination - No Effect
Cooley's Meadowrue (E)
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
Page 4 of 8
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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 open habitat. Plants often found growing with Cooley's meadowrue include
tulip poplar growing with bald cypress and/or Atlantic white cedar. Cooley's meadowrue flowers
in mid -June to early July, which is the optimal survey window. Based on the review of the NCNHP
GIS data, there are no known occurrences of Cooley's meadowrue within 1.0 mile of the review
area.
The review area consists mostly of dense early successional vegetation that do not have an open
habitat that is required for Cooley's meadowrue and was not considered suitable habitat. The
mixed hardwood/pine forest was not considered suitable habitat due to the dense understory and
dense tree canopy. Additionally, the mowed/maintained vegetation is mowed frequently enough
to maintain vegetation heights of 5 to 7 inches which prevents growth and maturation of Cooley's
meadowrue. Therefore, there is no potential habitat present in the review area.
Based on a lack of suitable habitat within the review area, along with a lack of nearby records, WR
concludes that proposed activities will have No Effect on the Cooley's meadowrue.
Biological Determination - No Effect
American Chaffseed (E)
American chaffseed is an erect perennial herb with mostly unbranched stems, usually 30 to 60 cm
tall. Leaves are largest at the base of the plant and gradually diminish in size towards the top of
the stem. The 2-lipped flowers are yellow, suffused with purple. The entire plant is covered in soft
hairs. This species is parasitic on the roots of a wide variety of woody and herbaceous plants. It is
in bloom from April through June. Its habitat consists of acidic, sandy or peaty soils in open pine
flatwoods, seepage bogs, palustrine pine savannahs, and other grass- and sedge -dominated plant
communities. It frequently grows in ecotonal areas between peaty wetlands and xeric sandy soils.
In these situations, individuals sometimes extend well into the drier communities, but seldom into
the areas that support species characteristic of wetter soils. Surrounding plant communities are
typically species -rich. The plant is dependent on factors such as fire, mowing and fluctuating water
tables to maintain is required open to partly open habitat. Most extant occurrences are in areas
subject to frequent fire.
Based on the review of the NCNHP GIS data, there is a documented occurrence of chaffseed
within 1.0 mile of the review area as documented in the attached project review letter from
NCNHP dated 10/30/2023. This occurrence was last observed in 1953 and according to the
NCNHP letter element occurrence rank, which is an estimate of the viability of the occurrence, is
listed as "X" which indicates that the occurrence has been destroyed.
The review area consists mostly of dense early successional vegetation that do not have an open
habitat that is required for American chaffseed and was not considered suitable habitat. The mixed
hardwood/pine forest was not considered suitable habitat due to the dense understory and dense
tree canopy. Additionally, the mowed/maintained vegetation is mowed frequently enough to
maintain vegetation heights of 5 to 7 inches which prevents growth and maturation of American
chaffseed. Therefore, there is no potential habitat present in the review area.
Page 5 of 8
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Based on a lack of potential habitat, and the historical/destroyed nature of the nearby record, WR
concludes that the proposed activities will have No Effect on American chaffseed.
Biological determination - 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 our -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. The perennial prefers the ecotone between the pine savanna and adjacent wet hardwood
or hardwood/conifer forest. Most plants occur in partially shaded savanna/swamp where
occasional 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. Poorly viable occurrences may occur
in significantly disturbed areas where ditching activities that lower the water table and/or some
evidence of fire suppression threatens the species. Based on the review of the NCNHP GIS data,
there are no known occurrences of golden sedge within 1.0 mile of the review area.
The review area consists mostly of dense early successional vegetation that do not have an open
habitat that is required for golden sedge and was not considered suitable habitat. The mixed
hardwood/pine forest was not considered suitable habitat due to the dense understory and dense
tree canopy. Additionally, the mowed/maintained vegetation is mowed frequently enough to
maintain vegetation heights of 5 to 7 inches which prevents growth and maturation of golden
sedge. Therefore, there is no potential habitat present in the review area.
Based on a lack of potential habitat, and lack nearby record, WR concludes that the proposed
activities will have No Effect on golden sedge.
Biological determination - No Effect
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 flowers are 5-petales,
showy, yellow flowers with yellow -orange anthers. 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, as well as regular
maintenance/mowing that mimics fire and maintains vegetation so that the herbaceous species
are open to sunlight. Based on the review of the NCNHP GIS data, there are no known occurrences
of rough -leaved loosestrife within 1.0 mile of the review area.
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The review area consists mostly of dense early successional vegetation that do not have an open
habitat that is required for rough -leaved loosestrife and was not considered suitable habitat. The
mixed hardwood/pine forest was not considered suitable habitat due to the dense understory and
dense tree canopy. There are no pond pine pocosins with low vegetation that allows for the
required sunlight adjacent to the review area. Additionally, the mowed/maintained vegetation is
mowed frequently enough to maintain vegetation heights of 5 to 7 inches which prevents growth
of woody species, including rough -leaved loosestrife. Therefore, there is no potential habitat
present in the review area.
Based on a lack of potential habitat, and lack of nearby records, WR concludes that the proposed
activities will have No Effect on rough -leaved loosestrife.
Biological determination - No Effect
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 review of the NCNHP GIS data did not identify any known occurrences of
tricolored bat within 1.0 mile of the review area. Targeted surveys for tricolored bat were not
conducted.
The USFWS proposed to list the tricolored bat as an endangered species under the Endangered
Species Act on 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. The USFWS has no definitive guidance on
tricolored bat but is working towards developing guidelines by the time the listing is finalized.
The early successional and mowed maintained vegetative communities are not considered suitable
habitat due to the lack of trees. The only potential suitable habitat is the mixed hardwood/pine
forests and the planted pine. There is no expected tree clearing along Old Savanah Road, as the
project will be contained within the existing ROW. Any potential tree clearing will be limited to a
small area of the 2.5 acre planted pine. The project will not result in demolition of any manmade
structures.
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 limited potential habitat, no demolition of manmade structures, and lack of nearby
records, WR concludes that the proposed action is Not Likely to Adversely Affect tricolored bat.
Biological Determination - Not Likely to Adversely Affect
Page 7 of 8
115 MacKenan Drive, Cary, NC 27511
t: 919.469.3340 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479
Asheville I Charlotte Cary I Greensboro I Pittsboro I Southern Pines I Raleigh I Wilmington

::WithersRavenel
Our People. Your Success.
Summary
The review area does not contain occurrences of or potential habitat for bald eagle, rough -leaved
loosestrife, Cooley's meadowrue, golden sedge, American chaffseed, and red cockaded
woodpecker, and will have no effect on these federally listed species. The review area has marginal
potential habitat for NLEB and tri-colored bats. WR concludes that the proposed activities are Not
Likely to Adversely Affect bats.
Sincerely,
WithersRavenel
Gary Kreiser, LSS
Senior Environmental Project Scientist
Attachments:
• USGS Quadrangle Exhibit
• Aerial Exhibit
• Vegetative Communities Exhibit
• Pender County Soil Survey
• USFWS IPaC Official Species List
• USFWS NLEB Range wide Determination Key
• NCNHP Project Review Letter
• Photo Documentation
REFERENCES
1. 2022 Natural Heritage Program List of Rare Plant Species of North Carolina. Complied by
Brenda Wichmann, Botanist and Meredith Wojcik, Data Manager. NC Natural Heritage
Program; NC 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, Zoologist and Meredith Wojcik, Data Manager. NC Natural Heritage
Program; NC Department of Natural and Cultural 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: https://ncnhde.natureserve.org/ accessed
10/30/2023.
7. NC Natural Heritage Program Project Review Letter dated 10/30/2023.
8. USFWS IPaC Official Species List dated 1/24/24.
Page 8 of 8
115 MacKenan Drive, Cary, NC 27511
t: 919.469.3340 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479
Asheville I Charlotte Cary I Greensboro I Pittsboro I Southern Pines I Raleigh I Wilmington

■■ WithersRavenel
lipOur People. Your Success.
AERIAL EXHIBIT

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VEGETATIVE COMMUNITIES EXHIBIT

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Our People. Your Success.
PENDER COUNTY SOIL SURVEY EXHIBIT

::WithersRavenel
Our People. Your Success.
USFWS OFFICIAL SPECIES LIST

United States Department of the Interior
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: 2024-0010578
Project Name: Pender LEC
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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: 2024-0010578
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/defaultlfiles/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: 2024-0010578
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: 2024-0010578
01/31/2024
PROJECT SUMMARY
Project Code: 2024-0010578
Project Name: Pender LEC
Project Type: New Constr - Above Ground
Project Description: Proposed Jail and Law Enforcement Center. Project will include building,
roadway extension, parking lot, stormwater, water and sewer.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)34.560605949999996,-77.94386684446222,14z
f,s
Counties: Pender County, North Carolina
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Project code: 2024-0010578 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
Fisheriesi, 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
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis subflavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
BIRDS
NAME
STATUS
Piping Plover Charadrius melodus
Threatened
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:Hecos.fws.gov/ecp/species/6039
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
Rufa Red Knot Calidris canutus rufa
Threatened
There is proposed critical habitat for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1864
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Project code: 2024-0010578 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:Hecos.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:Hecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
Endangered
There is proposed critical habitat for this species.
Species profile: https:Hecos.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:Hecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta 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:Hecos.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:Hecos.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:Hecos.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:Hecos.fws.gov/ecp/species/6025
Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.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: 2024-0010578
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 Acti and the
Migratory Bird Treaty Act2.
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 Treaty Act of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
THERE ARE NO BALD AND GOLDEN EAGLES WITHIN THE VICINITY OF YOUR PROJECT AREA.
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle
Protection Act2.
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 in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
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)
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Project code: 2024-0010578
01/31/2024
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
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to Jul
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation 15
Regions (BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9427
Chimney Swift Chaetura pelagica Breeds Mar 15 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 25
USA and Alaska.
https:Hecos.fws.gov/ecp/species/9406
Lesser Yellowlegs Tringa flavipes Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
https:Hecos.fws.gov/ecp/species/9679
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul
This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31
USA and Alaska.
https:Hecos.fws.gov/ecp/species/9439
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental Sep 10
USA and Alaska.
https:Hecos.fws.gov/ecp/species/9398
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 (')
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Project code: 2024-0010578
01/31/2024
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 survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Brown -headed
Nuthatch
BCC -BCR
Chimney Swift ---- ---- —`■■ ■1■■ ■■■1 J—
BCC■ ■■�Rangewide
(CON)
Lesser Yellowlegs
BCC Rangewide ---- ---- ---- —'-- ---- --+— ---- ----
(CON)
Warbler Prothonotary---- ---- — — — — IIII IIII IIII IIII — — — — — — — — — — — — — — — — ----
BCC Rangewide
(CON)
Woodpecker ---- ---- ---- — III IIII IIII IIII--- ---- ---- ---�
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/library
collections/avoiding-and-minimizing-incidental-take-mi rator.
• 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-mis7ratorv-birds-and-bald-and-p-olden-eas7les-mav-occur-
project-action
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Project code: 2024-0010578
01/31/2024
IPAC USER CONTACT INFORMATION
Agency: WithersRavenel
Name: Gary Kreiser
Address: 115 MacKenan Drive
City:
Cary
State:
NC
Zip:
27511
Email
[e-mail]
Phone:
9194693340
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Department of Agriculture
10 of 10

::WithersRavenel
Our People. Your Success.
USFWS NLEB RANGE WIDE
DETERMINATION KEY

United States Department of the Interior
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: 2024-0010578
Project Name: Pender LEC
Federal Nexus: yes
Federal Action Agency (if applicable): Department of Agriculture
Subject: Technical assistance for'Pender LEC'
Dear Gary Kreiser:
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January 31, 2024
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 January 31, 2024, for
'Pender LEC' (here forward, Project). This project has been assigned Project Code 2024-0010578
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
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. Answers to certain
questions in the DKey commit the project proponent to implementation of conservation
measures that must be followed for the ESA determination to remain valid.
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.

Project code: 2024-0010578 IPaC Record Locator: 336-137870058 01/31/2024
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:
• American Alligator Alligator mississippiensis Similarity of Appearance (Threatened)
• Cooley's Meadowrue Thalictrum cooleyi Endangered
• Golden Sedge Carex lutea Endangered
• Green Sea Turtle Chelonia mydas Threatened
• Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
• Leatherback Sea Turtle Dermochelys coriacea Endangered
• Loggerhead Sea Turtle Caretta caretta Threatened
• Monarch Butterfly Danaus plexippus Candidate
• Piping Plover Charadrius melodus Threatened
• Red -cockaded Woodpecker Picoides borealis Endangered
• Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
• Rufa Red Knot Calidris canutus ru fa Threatened
• Tricolored Bat Perimyotis subflavus Proposed Endangered
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 Step
Consultation with the Service is necessary. The project has a federal nexus (e.g., Federal funds,
permit, etc.), 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.
As the federal agency or designated non-federal representative deems appropriate, they should
submit their determination of effects to the Service by doing the following.
1. Log into IPaC using an agency email account and click on My Projects, click "Search by
record locator" to find this Project using 336-137870058. (Alternatively, the originator of
the project in IPaC can add the agency representative to the project by using the Add
Member button on the project home page.)
2. Review the answers to the Northern Long-eared Bat Range -wide Determination Key to
ensure that they are accurate.
3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to
a concurrence letter. Download the concurrence letter for your files if needed.
DKey Version Publish Date: 01/18/2024
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Project code: 2024-0010578 IPaC Record Locator: 336-137870058 01/31/2024
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
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
Raleigh Ecological Services Field Office and reference Project Code 2024-0010578 associated
with this Project.
DKey Version Publish Date: 01/18/2024 3 of 11

Project code: 2024-0010578 IPaC Record Locator: 336-137870058
01/31/2024
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Pender LEC
2. Description
The following description was provided for the project'Pender LEC':
Proposed Jail and Law Enforcement Center. Project will include building,
roadway extension, parking lot, stormwater, water and sewer.
The approximate location of the project can be viewed in Google Maps: https:
www. oogle.com/maps/(a)34.560605949999996,-77.94386684446222,14z
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DKey Version Publish Date: 01/18/2024 4 of 11

Project code: 2024-0010578 IPaC Record Locator: 336-137870058 01/31/2024
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. Your project overlaps with an area where northern long-eared bats may be present year-
round. Time -of -year restrictions may not be appropriate for your project due to bats being
active all year.
Do you understand that your project may impact bats at any time during the year and time -
of -year restrictions may not apply to your project?
Yes
3. The action area does not overlap with an area for which U.S. Fish and Wildlife Service
currently has data to support the presumption that the northern long-eared bat is present.
Are you aware of other data that indicates that northern long-eared bats (NLEB) are likely
to be 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 NLEB acoustic detections. Data
on captures, roost tree use, and acoustic detections should post-date the year when white -
nose syndrome was detected in the relevant state. With this question, we are looking for
data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife
Service.
No
4. 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
DKey Version Publish Date: 01/18/2024
5 of 11

Project code: 2024-0010578 IPaC Record Locator: 336-137870058 01/31/2024
5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
Yes
6. 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
7. 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
8. 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
9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?
No
DKey Version Publish Date: 01/18/2024 6 of 11

Project code: 2024-0010578 IPaC Record Locator: 336-137870058 01/31/2024
10. 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
selected -definitions
No
11. Your project overlaps with an area where northern long-eared bats may be present year-
round.
Is suitable northern long-eared bat habitat present within 1000 feet of project activities?
Yes
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
DKey Version Publish Date: 01/18/2024 7 of 11

Project code: 2024-0010578 IPaC Record Locator: 336-137870058 01/31/2024
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 directly or indirectly cause construction of one or more new roads that are
open to the public?
Note: The answer may be yes when a publicly accessible road either (1) is constructed as part of the proposed
action or (2) would not occur but for the proposed action (i.e., the road construction is facilitated by the proposed
action but is not an explicit component of the project).
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.). .
Yes
18. Will the increased vehicle traffic occur on any road that lies between any two areas of
contiguous forest that are each greater than or equal to 10 acres in extent and are separated
by less than 1,000 feet? Northern long-eared bats may cross a road by flying between
forest patches that are up to 1,000 feet apart.
Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by
less than 1,000 feet of non -forested area if the forested patches, added together, comprise at least 10 acres.
Yes
19. For every 1,000 feet of road where increased traffic is expected, will there be at least one
place where bats could cross the road corridor by flying less than 33 feet (10 meters)
between trees whose tops are at least 66 feet (20 meters) higher than the road surface?
Yes
20. 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
21. 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
22. Will the action include drilling or blasting?
No
23. 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
DKey Version Publish Date: 01/18/2024
8 of 11

Project code: 2024-0010578 IPaC Record Locator: 336-137870058 01/31/2024
24. Will the proposed action involve the use of herbicides or pesticides other than herbicides
(e.g., fungicides, insecticides, or rodenticides)?
No
25. 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-assisted-determination-key-selected-definitions
No
26. 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-assisted-determination-key-selected-definitions
No
27. Will the action include tree cutting or other means of knocking down or bringing down
trees, tree topping, or tree trimming?
No
28. Will the action result in the use of prescribed fire?
No
29. Will the action cause noises that are louder than ambient baseline noises within the action
area?
No
DKey Version Publish Date: 01/18/2024 9 of 11

Project code: 2024-0010578 IPaC Record Locator: 336-137870058 01/31/2024
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.
0
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.
No
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.
0
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?
No
DKey Version Publish Date: 01/18/2024 10 of 11

Project code: 2024-0010578 IPaC Record Locator: 336-137870058 01/31/2024
IPAC USER CONTACT INFORMATION
Agency:
WithersRavenel
Name:
Gary Kreiser
Address:
115 MacKenan Drive
City:
Cary
State:
NC
Zip:
27511
Email
[e-mail]
Phone:
9194693340
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Department of Agriculture
DKey Version Publish Date: 01/18/2024 11 of 11

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

Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
October 30. 2023
Gary Kreiser
WithersRavenel
115 MacKenan Drive
Cary, NC 27511
RE: Pender Law Enforcement Center; 03190856.00
Dear Gary Kreiser:
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
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:
httr)s://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.heritage�dncr.nc.gov.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9421

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::WithersRavenel
Our People. Your Success.
PHOTO DOCUMENTATION

-40 WithersRavenel
,. Our People. Your Success.
Pender County Law Enforcement Center -Burgaw, Pender County
Photographic Documentation (11/7/2023)
Photo 1: Typical view of early successional vegetation, facing south.
Photo 2: Another view of early successional vegetation, facing north.
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

::WithersRavenel
Our People. Your Success.
Photo 3: Typical view along Old Savannah Road showing mowed/maintained community and mixed
hardwood/pine forest, facing east.
Photo 4: View of mowed/maintained community along existing gravel/dirt road, facing north.
Page 2 of 3

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