HomeMy WebLinkAbout20240671 Ver 1_CCRA aerospce development TE assessment report- 2023-5-26_20240509-0 WithersRavenel
'. Our People. Your Success.
May 26, 2023
John Massey
Talbert & Bright, Inc.
4180 Shelley Drive
Wilmington, NC 28405
Re: Coastal Carolina Regional Airport (EWN) - New Bern, Craven County
Aerospace Development Area
Updated Wetlands/Stream/Buffer and Threatened & Endangered Species Assessment
Report
WR Project #23-0337-A
Mr. Massey:
On October 12, 2022, and March 23, 2023, WithersRavenel (WR) conducted a site review of the
specific areas associated with the Aerospace Development Area Project (Review Area) at the
Coastal Carolina Regional Airport (EWN) for the purpose of evaluating the presence of wetlands,
streams/riparian buffers and federal and state listed threatened and endangered species and/or
potential habitat within the review areas. The airport is located at 200 Airport Road in New Bern,
Craven County, North Carolina.
The review area is ±93 acres located south and east of Runway 4 near Creekside Park Drive (Lat:
35.06599°N; Lat:-77.04271°W). The review area is in the Neuse River Basin (HUC: 03020204)
and drains to Brice Creek (Stream Index: 27-101-40-(1); Surface Water Classification: C, Sw;
NSW).
Proposed Activities
The proposed activities consist of potential development of airport property.
Site Conditions
The project is located within the existing Coastal Carolina Regional Airport property. The review
area consists of two vegetative communities characterized as mixed hardwood/pine forest and
mowed/maintained.
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), Carolina germanium (Geranium carolinionum), common dandelion (Taraxacum
officinale), and weedy dwarf dandelion (Krigia cespitosa), 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.
The mixed hardwood/pine forest is an even aged stand of trees consists of red maple (Acer rubrum),
sweet gum (Liquidambar styraciflua), oaks (Quercus sp.) and loblolly pine (Pinus toeda). These trees
create a dense overstory with little herbaceous vegetation. Along he edges of the forest, there are
grapes (Vitis sp.), green brier (Smilax rotundifolia), and Chinese privet (Ligustrum sinense).
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Wetland Delineation
Prior to conducting the site visit, WR reviewed aerial photographs, the USDA Soil Survey for
Craven County (1989), the USGS Quadrangle Map (New Bern - 2019) and Craven County GIS data
(i.e., topography, streams, etc.). WR reviewed the review area for the presence of wetlands,
streams, and surface waters jurisdictional to the US Army Corps of Engineers (USACE) under
Section 404 of the Clean Water Act (CWA), as well as wetlands not jurisdictional to the USACE
(isolated), which may be jurisdictional to the NC Division of Water Resources (NCDWR) under the
NC Isolated Wetland and Waters Rules.
The site review identified four wetlands, two ponds and two ditches. Wetlands A and B are in the
northern portion of the review area. Wetlands C and D are in the southern portion of the review
area. Wetlands A and D are potentially jurisdictional to USACE. Wetland B is potentially non -
jurisdictional to USACE. Wetland C is potentially not jurisdictional to USACE but may be an
isolated wetland and jurisdictional to the NC Isolated Wetlands and Waters Rules.
Ponds 1 and 2 are potentially non -jurisdictional to USACE. Ditches 1 and 2 are potentially
jurisdictional to USACE.
Authorization from the USACE and NCDWR is required for any wetland impacts from the
proposed activities.
Stream Delineation
The site was also reviewed for the presence of streams meeting the criteria set forth in the 2010
NC Division of Water Quality Identification Methods for the Origins of Intermittent and Perennial
Streams.
The site review did not identify any streams within the review areas. Therefore, authorization of
stream impacts from the USACE and NCDWR is not required for the proposed activities.
Neuse River Basin Riparian Buffer Determination
Prior to conducting the site review, WR reviewed the USGS 7.5-minute New Bern Quadrangle
Map and USDA Craven County Soil Survey to determine if mapped streams were depicted within
the review areas. Intermittent and perennial streams depicted on the USGS Quadrangle Map or
Craven County Soil Survey are subject to 50-foot riparian buffers under the Neuse River Riparian
Buffer Rules.
There were no depicted features within or within 50' of the review area on the USGS or Soil
Survey, therefore, there are no riparian buffers within the review area and a formal NCDWR Buffer
Determination is not required. Additionally, a NCDWR Buffer Authorization is not required as the
proposed activities will not result in impacts to Neuse River Riparian Buffers.
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 four federally listed species (bald eagle, west Indian manatee, American
alligator, sensitive jointvetch) within 1.0 mile of the review area, as documented in the attached
project review letter from NCNHP dated 10/10/2022.
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An official species list was generated using USFWS' Information for Planning and Consultation
(IPaQ, located at https://ipac.ecosphere.fws.gov/, on 10/10/22 and 3/22/23. 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 ten species (northern long-eared bat, west
Indian manatee, eastern black rail, red knot, red cockaded woodpecker, American alligator, green
sea turtle, leatherback turtle, Neuse River water dog, and rough -leaved loosestrife,) that may be
within the vicinity of the project area. The IPaC list has been provided as an attachment.
On 10/12/2022 and 3/23/23, 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 and
was included in the survey. The review area contains two vegetative communities as described in
the Site Conditions section of this report.
Species Synopsis and Pedestrian Survey 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 Endangered Species Act of 1973, as
amended. Plants and animals classified as Proposed (P) are currently proposed for official
designation of a protected species under the Endangered Species Act. Plants and animals classified
as Endangered (E) or Threatened (T) by the State of North Carolina are protected under the
provisions of 15A NCAC 101.0101 of the North Carolina Administrative Code.
The following table presents federally listed species identified by the USFWS IPaC list dated
10/10/2022 and 3/22/2023. While Bald Eagle is not listed on the ESA, it is still protected under
the Bald and Golden Eagle Protection Act (BGPA) and therefore has been included in this report.
One federally listed species with known occurrences within 1.0 mile of review area (west Indian
manatee) has been omitted from this report due to a lack of suitable habitat within the review
area. Additionally, 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 (green sea turtle, leatherback sea turtle, and red knot). The following
table also presents the state listed species known to occur within 1.0 mile of the review areas per
the NCNHP as of 10/10/2022. Please note that this report only addresses state listed species
known to occur within 1.0 mile of the review areas based on the NCNHP data.
Common Name
Scientific Name
State
Federal
Habitat
Biological
Status
Status
Present
Determination
American alligator
Alligator mississippiensis
T
T(S/A)*
No
No Effect
Bald eagle
Haliaeetus leucocepholus
T
BGPA**
No
No Effect
Eastern black rail
Laterallus jamaicensis ssp.
T
T
No
No Effect
jamaicensis
May Affect -
Northern long-eared
Myotis septentrionalis
T
E
Yes
Further
bat
Consultation
Needed
Neuse River Waterdog
Necturus lewisi
T
T
No
No Effect
Red -cockaded
picoides borealis
E
E
No
No Effect
woodpecker
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Rough -leaved
Lysimachia asperulaefolia
E
E
No
No Effect
loosestrife
Sensitive joint -vetch
Aeschynomene virginica
T
T
No
No Effect
Not Likely to
Tricolored bat
Perimyotis subflavus
E
PE***
Yes
Adversely
Affect
Godfrey's sandwort
Mononeuria paludicola
E
-
No
No Effect
*Threatened Due to Similarity of Appearance
**Bald and Golden Eagle Protection Act
*** Proposed Endangered
Federally Listed Species
American Alligator (T(S/A))
The American alligator is a large, semi -aquatic, armored reptile that ranges in size from 6 to 14 feet
long. Alligators live in swampy areas, rivers, streams, lakes, and ponds. There is no critical habitat
designated for the American alligator. 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. Based
on the review of the NCNHP GIS data, there is a known occurrence of American alligator within
1.0 mile of the review area.
The ponds were too small to be considered potential habitat for American alligator. Based on a
lack of potential habitat within the review area, WR concludes that the proposed activities will
have No Effect on American alligator.
Biological Determination - No Effect
Bald Eagle (BPGA)
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 occurrences of a bald eagle
nest within 1.0 mile of the review area. However, as part of the airport's runway obstacle clearing
project in 2020, it was determined by the USFWS that it was an eagle nest remnant, and a federal
permit was not required to remove the tree. The tree was removed on October 8, 2020, and the
USFWS was notified.
The Trent and Neuse River are considered potential eagle foraging habitat. The Trent River is
located approximately 0.5 miles west of the review area and the Neuse River is located
approximately 0.5 miles east of the review area. Since there is potential foraging habitat within 1.0
mile of the review area, a pedestrian survey was conducted for areas within 660' of the review
area for bald eagle nests in accordance with the USFWS' "National Bald Eagle Management
Guidelines" (May 2007). The majority of the 660' area the review area had been previously cleared
of mature trees as part of the airport construction, and Creekside Park. The pedestrian survey
within 660' of the review area did not identify any bald eagle nests. Additionally, no eagles were
observed during the pedestrian survey.
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
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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
Eastern Black Rail (T)
The eastern black rail is a small black bird with a short bill. Black rails usually weigh 29-39 g, are
10-15 cm in length, and have a wingspan of 8.7-11.0 in (22-28 cm). The body is dark, with white
speckles along the back and wings. Both the beak and legs are dark. Adults have red eyes. There
are five recognized subspecies of the black rail with the eastern black rail being declared a
threatened species in October 2020. The eastern black rail is a wetland dependent bird primarily
associated with herbaceous, persistent, emergent wetland plant cover. It requires dense overhead
cover and soils that are moist to saturated and interspersed with or adjacent to very shallow water.
Nests are typically well hidden in a dense clump of vegetation and are constructed from live and
dead fine -stemmed emergent grasses, rushes, or other herbaceous plant species. The review of
NCNHP GIS data did not identify any known occurrences of eastern black rail within 1.0 mile of
the review area.
The review area consists of mowed vegetation and dense mixed hardwood/pine forests. The
wetlands found in the review area did not have dense herbaceous and persistent wetland plant
cover and therefore potential habitat is not present. Based on a lack of potential habitat within the
review area, WR concludes that the proposed activities will have No Effect on eastern black rail.
Biological Determination - No Effect
Neuse River Waterdog (T)
The Neuse River waterdog is a permanent aquatic salamander that can grow up to 11 inches long.
It has a reddish brown body with an irregular pattern of large blue or black spots, and the belly is
typically dull brown or gray color with spots like those seen elsewhere on the body. Adults have
elongated heads with squared -off noses, cylindrical trunks and tails that are laterally compressed
and ridged. Three dark -red, bushy gills project from either side of the head and a dark line runs
through the eye. The limbs are rather small, and the front and hind feet have four toes. The Neuse
River waterdog is endemic to the Neuse River basin and has specific habitat characteristics of low
to moderate gradient streams and low current velocity and are typically found in streams wider
than 15 meters. The Neuse River waterdog required relatively high oxygen levels and water quality
and is found in large accumulations of submerged leaves in eddies, or backwaters of streams. The
review of NCNHP GIS data did not identify any known occurrences of eastern black rail within 1.0
mile of the review area.
There are no streams within the project area, therefore there is no suitable habitat within the
review area. Based on a lack of potential habitat within the review area, WR concludes that the
proposed activities will have No Effect on Neuse River waterdog.
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,
rarely, roosting in structures like barns and sheds. There has been no critical habitat designated for
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the northern long-eared bat at this time. Based on the review of the NCNHP GIS data, there are
no known occurrences NLB within 1.0 mile of the review area.
The review area consists of mixed hardwood/pine forest and is considered potential NLEB habitat.
The project is in a Red HUC, which represents that a documented maternity colony or hibernacula
may be in the area.
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 was reached. The completed determination key is attached.
Due to the determination made from Range wide Determination Key, potential suitable habitat
present and the project within a red HUC, WR concludes that the proposed activities May Affect
the northern long-eared bat. The proposed action may qualify for the Interim Consultation
Framework to complete section 7 consultation with USFWS. The USFWS will need to review the
project to complete section 7 consultation requirements.
Biological Determination - May Affect - Further Consultation Needed
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 mowed/maintained and mixed hardwood/pine forest and does not
contain potential RCW nesting 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 within the review areas will have No Effect
on the red -cockaded woodpecker.
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
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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.
The review area consists mostly of mixed hardwood/pine forest and was not considered suitable
habitat. 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 within the review areas will have No Effect on rough -leaved loosestrife.
Biological determination - No Effect
Sensitive Joint -vetch (T)
Sensitive joint -vetch is an annual plant in the pea family (fabaceae), which grows to heights of 3.3
- 6.6 feet. Leaves are even -pinnate, with gland -dotted leaflets. Each leaf consists of 30-56 leaflets,
which fold when touched. Plants flower from July to September, and occasionally into October.
The flowers are irregular and streaked with red. Sensitive joint -vetch typically grows in the
intertidal zone of coastal marshes where plants are flooded twice daily. In North Carolina, sensitive
joint -vetch is most often found in roadside ditches, often with some connection to nearby brackish
marshes.
The NCNHP GIS data identified historic occurrences of sensitive joint -vetch within 1.0 mile north
of the review area in a pond (observed in 1956) and in a roadside ditch northeast of the review
area (observed in 1949). However, additional surveys conducted in 2013 were unable to locate
the population.
There is no potential habitat for sensitive joint -vetch observed within the review area as there is
no brackish waters within the review area. Due to a lack of potential habitat, and lack of current
recent nearby records, WR concludes that proposed activities within the review area will have No
Effect on sensitive joint -vetch.
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
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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.
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 mowed/maintained area does not contain trees and would not be suitable habitat. The mixed
hardwood/pine forest is potentially suitable habitat. Targeted surveys were not conducted for
tricolored bat. The project will not result in demolition of any manmade structures.
USFWS has not provided an official effective listing date, but it is anticipated to occur in the
second half of 2023. 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 potential habitat, no demolition of manmade structures, and lack of nearby records,
WR concludes that the proposed action would Not Likely to Adversely Affect tricolored bat. Any
restrictions on tree clearing will not be known until the USFWS releases the final guidance for the
tricolored bat.
Biological Determination - Not Likely to Adversely Affect
State Listed Species
Godfrey's sandwort
Godfrey's sandwort is a low -growing, mostly prostrate or weak -stemmed 4-16" perennial herb
with opposite, linear leaves. Plants flower between April - June, and flowers consist of five white
to very pale pink 3/8 inch petals on a long thin stalk. Godfrey's sandwort grows in the edge of
tidal freshwater marshes, moist roadside ditches, and stream banks, mostly in full sun.
The NCNHP GIS data identified a historic occurrence (1951) of Godfrey's sandwort within 1.0 mile
northwest of the review area, in a marsh near the confluence of Brice's Creek and the Trent River,
which is approximate 2,800 If northwest of the review area. There are no other known occurrences
within of Godfrey's sandwort within 1.0 mile of the review area.
There is no potential habitat for Godfrey's sandwort observed within the review area as it consists
mostly of uplands. The wetlands in the review area were not tidal freshwater marshes or roadside
ditches. Due to a lack of potential habitat and lack of recent nearby records, WR concludes that
the proposed activities within the review areas will have No Effect on Godfrey's sandwort.
Biological Conclusion - No Effect
Summary
The field review identified four wetlands, two ponds and two ditches within the review area.
Wetlands A and D are potentially jurisdictional by the USACE under Section 404 and Section 401
of the CWA. Wetland B is potentially non -jurisdictional to USACE. Wetland C is potentially not
jurisdictional to USACE but may be an isolated wetland and jurisdictional to the NC Isolated
Wetlands and Waters Rules. Ponds 1 and 2 are potentially non -jurisdictional while ditches 1 and
2 are potentially jurisdictional to USACE. Impacts to wetlands from the proposed activities will
require authorization from the USACE and NCDWR. There were no streams in the review area.
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Additionally, there were no depicted streams on the USGS Quadrangle Map or Craven County Soil
Survey within or within 50' of the review area, therefore there are no riparian buffers within the
review area.
The review area does not contain occurrences of, or potential habitat for the west Indian manatee,
eastern black rail, red knot, red cockaded woodpecker, American alligator, green sea turtle,
leatherback turtle, Neuse River water dog, and rough -leaved loosestrife and will have no effect on
these species. The review area has potential habitat for NLEB and tri-colored bat. WR concludes
that the proposed activities are Not Likely to Adversely Affect tri-colored bat. Based on the Range
wide Determination Key for NLEB, potential habitat and that a documented maternity colony or
hibernacula may be in the area, WR concludes that the proposed activities May Affect NLEB and
that future consultation with USFWS is required.
Sincerely,
Gary Kreiser, LSS
NEPA Specialist
Attachments:
• USGS Quadrangle Exhibit
• Aerial Exhibit
• Wetland Delineation Exhibit
• Vegetative Communities Exhibit
• Craven County Soil Survey
• USFWS IPaC Official Species List
• USFWS NLEB Range wide Determination Key
• NCNHP Project Review Letter
• Photo Documentation
REFERENCES
1. 2021 Natural Heritage Program List of Rare Plant Species of North Carolina. Complied by
Brenda L. Wichmann, Botanist. 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. US Fish & Wildlife Service Threatened and Endangered Species in North Carolina webpage
5. Natural Heritage Program Database Search at: https://ncnhde.natureserve.org/ accessed
10/10/2022.
7. NC Natural Heritage Program Project Review Letter dated 10/10/2022.
8. USFWS IPaC Official Species List dated 10/10/2022 and 3/22/23.
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USGS QUADRANGLE EXHIBIT
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STREAM/WETLAND EXHIBIT
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3) THIS PROPERTY MAY BE SUBJECT TO MUNICIPAL ZONING/PLANNING
BUFFERS WHICH SHOULD BE VERIFIED PRIOR TO DESIGN.
4) DELINEATION AND JURISDICTIONAL STATUS SHOULD BE VERIFIED BY USACE
0 PRIOR TO DESIGN.
A- AEROSPACE DEVELOPLNR
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1/ Engineers I Planners I Surveyors
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CRAVEN COUNTY NORTH CAROLINA 1/
::WithersRavenel
Our People. Your Success.
USFWS OFFICIAL SPECIES LIST
10/10/22 & 3/22/23
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Project Code: 2023-0002893
Project Name: CCCRAAerospace Development
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October 10, 2022
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 ECOS-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 ECOS-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
10/10/2022
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:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.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/birds/policies-and-regulations.php.
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/birds/bird-enthusiasts/threats-to-
birds.php.
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/birds/policies-and-regulations/
executive-orders/e0-13186. php.
10/10/2022
3
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
• Migratory Birds
• Marine Mammals
10/10/2022
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
(919) 856-4520
10/10/2022
Project Summary
Project Code: 2023-0002893
Project Name: CCCRAAerospace Development
Project Type: Clearing Forest
Project Description: development of site for potential aerospace industry
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.065909399999995,-77.04288187688331,14z
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10/10/2022 3
Endangered Species Act Species
There is a total of 10 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 Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
West Indian Manatee Trichechus manatus Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
This species is also protected by the Marine Mammal Protection Act, and may have additional
consultation requirements.
Species profile: https:Hecos.fws.gov/ecp/species/4469
Birds
NAME
STATUS
Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/10477
Red Knot Calidris canutus ru fa
Threatened
There is proposed critical habitat for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
10/10/2022
4
Reptiles
NAME
American Alligator Alligator mississippiensis
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/776
STATUS
Similarity of
Appearance
(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
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
Amphibians
NAME STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6772
Flowering Plants
NAME STATUS
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.
10/10/2022
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
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:Hecos.fws.gov/ecp/species/9587
Bald Eagle Haliaeetus 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.
10/10/2022
KA
NAME
BREEDING
SEASON
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
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25
and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20
and Alaska.
Golden Eagle Aquila chrysaetos Breeds
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https:Hecos.fws.gov/ecp/species/1680
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20
and Alaska.
King Rail Rallus elegans Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5
and Alaska.
https:Hecos.fws.gov/ecp/species/8936
Lesser Yellowlegs Tringa flavipes Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/ecp/species/9679
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
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Sep 10
and Alaska.
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
10/10/2022
3
BREEDING
NAME SEASON
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
10/10/2022 4
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
American Kestrel 04 **** 00 ++++ +-I I I 4+-I 114 ++++ ++T+ T*T+ 00*1 loom
BCC -BCR
Bald Eagle Non -BCC I 1 1 I I I Till �TtT tTTT TT11
Vulnerable
Brown -headed 111I HE 11111111 ���� Nell 111111111111111111111111
Nuthatch
BCC -BCR
Chimney Swift ++++ ++++ +101 PTT TTTt %l UP poll ���� *o*+ ++++ ++++ BCC Rangewide
(CON)
Eastern Whip -Poor- will ++d I IIII 44 ++0+ 4 I I f ++ +-I 11 IIII 14+ ++-1I IIII III +
BCC Rangewide
(CON)
Golden Eagle ++++ ++T+ ++++ ++ I I T+++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ Non -BCC
Vulnerable
WarblerKentucky BCC Rangewide----
(CON)
King Rail BCC Rangewide
(CON)
Lesser Yellowlegs ++++ + I I + ++++ ++++ ++++ ++++ +++++++ ++++ ++++ ++++ ++++ BCC Rangewide
(CON)
Painted Bunting
BCC -BCR
Prairie Warbler lily_ BCC Rangewide
(CON)
10/10/2022 5
Warbler Prothonotary ++++++++++++ 11111111 PIN
Warbler
BCC Rangewide
(CON)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Red-headed Woodpecker 11++ *+11110 01111111 11111110111111* ms 1+*+ *001
BCC Rangewide
(CON)
Rusty Blackbird ++++ I I t I till 111* ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++
BCC -BCR
Wood Thrush BCC Rangewide ++++ ++++ ++++ ++-I I 40 000+ ++++ +T+-I I-+++ ++++ ++++ ++++ (CON)
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoidinp--and-minimizinp--incidental-take-mip-ratorv-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
10/10/2022
11
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
10/10/2022
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.
10/10/2022
Marine Mammals
Marine mammals are protected under the Marine Mammal Protection Act. Some are also
protected under the Endangered Species Act! and the Convention on International Trade in
Endangered Species of Wild Fauna and Flora.
The responsibilities for the protection, conservation, and management of marine mammals are
shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears,
manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins,
and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on
this list; for additional information on those species please visit the Marine Mammals page of the
NOAA Fisheries website.
The Marine Mammal Protection Act prohibits the take of marine mammals and further
coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife
Service Field Office shown.
1. The Endangered Species Act (ESA) of 1973.
2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) is a treaty to ensure that international trade in plants and animals does not
threaten their survival in the wild.
3. 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.
1►/_11uhl
West Indian Manatee Trichechus manatus
Species profile: https:Hecos.fws.gov/ecp/species/4469
10/10/2022
IPaC User Contact Information
Agency: WithersRavenel
Name: Gary Kreiser
Address: 115 MacKenan Drive
City:
Cary
State:
NC
Zip:
27511
Email
gkreiser@withersravenel.com
Phone:
9194693340
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Project Code: 2023-0002893
Project Name: CCCRAAerospace Development
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March 22, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and 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 ECOS-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 ECOS-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
03/22/2023
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:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.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/birds/policies-and-regulations.php.
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/birds/bird-enthusiasts/threats-to-
birds.php.
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/birds/policies-and-regulations/
executive-orders/e0-13186. php.
03/22/2023
3
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
• Migratory Birds
• Marine Mammals
03/22/2023
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
(919) 856-4520
03/22/2023
PROJECT SUMMARY
Project Code: 2023-0002893
Project Name: CCCRAAerospace Development
Project Type: Clearing Forest
Project Description: development of site for potential aerospace industry
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www. google.com/maps/(a)35.066310650000005,-77.0425922172145,14z
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Counties: Craven County, North Carolina
03/22/2023 3
ENDANGERED SPECIES ACT SPECIES
There is a total of 11 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
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
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis subflavus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/10515
West Indian Manatee Trichechus manatus
There is final critical habitat for this species. Your location does not overlap the critical habitat.
This species is also protected by the Marine Mammal Protection Aci, and may have additional
consultation requirements.
Species profile: https:Hecos.fws.gov/ecp/species/4469
STATUS
Threatened
Proposed
Endangered
Threatened
03/22/2023
4
BIRDS
NAME
STATUS
Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/10477
Red Knot Calidris canutus ru fa
Threatened
There is proposed critical habitat for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
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
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
AMPHIBIANS
NAME
STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6772
FLOWERING PLANTS
NAME STATUS
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.
03/22/2023
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
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:Hecos.fws.gov/ecp/species/9587
Bald Eagle Haliaeetus 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.
03/22/2023
VA
BREEDING
NAME SEASON
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
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25
and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20
and Alaska.
Golden Eagle Aquila chrysaetos Breeds
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https:Hecos.fws.gov/ecp/species/1680
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20
and Alaska.
King Rail Rallus elegans Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5
and Alaska.
https:Hecos.fws.gov/ecp/species/8936
Lesser Yellowlegs Tringa flavipes Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/ecp/species/9679
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
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Sep 10
and Alaska.
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
03/22/2023
3
NAME
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
PROBABILITY OF PRESENCE SUMMARY
BREEDING
SEASON
Breeds May 10
to Aug 31
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
03/22/2023 4
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
American Kestrel 04 **** 00 ++++ +-I I I 4+-I 114 ++++ ++T+ T*T+ 00*1 loom
BCC -BCR
Bald Eagle Non -BCC I 1 1 I I I Till �TtT tTTT TT11
Vulnerable
Brown -headed 111I HE 11111111 ���� Nell 111111111111111111111111
Nuthatch
BCC -BCR
Chimney Swift ++++ ++++ +101 PTT TTTt %l UP poll ���� *o*+ ++++ ++++ BCC Rangewide
(CON)
Eastern Whip -Poor- will ++d I IIII 44 ++0+ 4 I I f ++ +-I 11 IIII 14+ ++-1I IIII III +
BCC Rangewide
(CON)
Golden Eagle ++++ ++T+ ++++ ++ I I T+++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ Non -BCC
Vulnerable
WarblerKentucky BCC Rangewide----
(CON)
King Rail BCC Rangewide
(CON)
Lesser Yellowlegs ++++ + I I + ++++ ++++ ++++ ++++ +++++++ ++++ ++++ ++++ ++++ BCC Rangewide
(CON)
Painted Bunting
BCC -BCR
Prairie Warbler lily_ BCC Rangewide
(CON)
03/22/2023 5
Warbler
Wazbler
BCC Rangewide
(CON)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Red-headed Woodpecker 11++ *+11110 011111N 0011111111111t NO 1+*+ *001
BCC Rangewide
(CON)
Rusty Blackbird ++++ I I t I till 111* ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++
BCC -BCR
Wood Thrush ++++
BCC Rangewide ++++ ++++ ++-I I 40 000+ ++++ +T+-I I-+++ ++++ ++++ ++++ (CON)
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoidinp--and-minimizinp--incidental-take-mip-ratorv-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
MIGRATORY BIRDS FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
03/22/2023
11
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
03/22/2023
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.
03/22/2023
MARINE MAMMALS
Marine mammals are protected under the Marine Mammal Protection Act. Some are also
protected under the Endangered Species Act! and the Convention on International Trade in
Endangered Species of Wild Fauna and Flora.
The responsibilities for the protection, conservation, and management of marine mammals are
shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears,
manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins,
and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on
this list; for additional information on those species please visit the Marine Mammals page of the
NOAA Fisheries website.
The Marine Mammal Protection Act prohibits the take of marine mammals and further
coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife
Service Field Office shown.
1. The Endangered Species Act (ESA) of 1973.
2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) is a treaty to ensure that international trade in plants and animals does not
threaten their survival in the wild.
3. 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.
NAME
West Indian Manatee Trichechus manatus
Species profile: https:Hecos.fws.gov/ecp/species/4469
03/22/2023
IPAC USER CONTACT INFORMATION
Agency: WithersRavenel
Name: Gary Kreiser
Address: 115 MacKenan Drive
City:
Cary
State:
NC
Zip:
27511
Email
gkreiser@withersravenel.com
Phone:
9194693340
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Federal Aviation Administration
::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: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Project code: 2023-0084261
Project Name: CCRA - Aerospace Development Area - Additional Area Added
Federal Nexus: yes
Federal Action Agency (if applicable): Federal Aviation Administration
e x
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i�
May 22, 2023
Subject: Technical assistance for 'CCRA -Aerospace Development Area -Additional Area
Added'
Dear Gary Kreiser:
This letter records your determination using the Information for Planning and Consultation
(IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on May 22, 2023, for
'CCRA - Aerospace Development Area - Additional Area Added' (here forward, Project). This
project has been assigned Project Code 2023-0084261 and all future correspondence should
clearly reference this number. Please carefully review this letter. Your Endangered Species
Act (Act) requirements are not complete.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species' determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis. All information submitted by the Project proponent into
the IPaC must accurately represent the full scope and details of the Project. Failure to
accurately represent or implement the Project as detailed in IPaC or the Northern Long-
eared Bat Rangewide Determination Key (Dkey), invalidates this letter.
Determination for the Northern Long -Eared Bat
Based on your IPaC submission and the standing analysis for the Dkey, your project has reached
the determination of "May Affect" the northern long-eared bat.
Next Steps
Your action may qualify for the Interim Consultation Framework for the northern long-eared bat.
To determine if it qualifies, review the Interim Consultation Framework posted here https://
www.fws.gov/library/collections/interim-consultation-framework-northern-long-eared-bat. If you
05/22/2023 IPaC Record Locator: 635-126689656
determine it meets the requirements of the Interim Consultation Framework, follow the
procedures outlined there to complete section 7 consultation.
If your project does not meet the requirements of the Interim Consultation Framework, please
contact the Raleigh Ecological Services Field Office for further coordination on this project.
Further consultation or coordination with the Service is necessary for those species or designated
critical habitats with a determination of "May Affect".
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)
• Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened
• Green Sea Turtle Chelonia mydas Threatened
• Leatherback Sea Turtle Dermochelys coriacea Endangered
• Neuse River Waterdog Necturus lewisi Threatened
• Red Knot Calidris canutus ru fa Threatened
• Red -cockaded Woodpecker Picoides borealis Endangered
• Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
• Tricolored Bat Perimyotis subflavus Proposed Endangered
• West Indian Manatee Trichechus manatus Threatened
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the species listed above.
05/22/2023 IPaC Record Locator: 635-126689656 3
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
CCRA - Aerospace Development Area - Additional Area Added
2. Description
The following description was provided for the project 'CC RA - Aerospace Development Area -
Additional Area Added':
development of airport facilities
The approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/035.065599899999995,-77.04326434980676,14z
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05/22/2023 IPaC Record Locator: 635-126689656
4
DETERMINATION KEY RESULT
Based on the answers provided, the proposed Action is consistent with a determination of "may
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. Do you have post -white nose syndrome occurrence 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 acoustic detections. 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
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
05/22/2023 IPaC Record Locator: 635-126689656 5
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
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-kU-
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
05/22/2023 IPaC Record Locator: 635-126689656
H.
12. Will the action cause effects to a bridge?
No
13. Will the action result in effects to a culvert or tunnel?
No
14. Does the action include the intentional exclusion of northern long-eared bats from a
building or structure?
Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming
bats, it should be done according to established standards. If your action includes bat exclusion and you are
unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use
in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field
Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control
Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to
find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control
Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in
structures
No
15. Does the action involve removal, modification, or maintenance of a human -made structure
(barn, house, or other building) known or suspected to contain roosting bats?
No
16. Will the action cause construction of one or more new roads open to the public?
For federal actions, answer `yes' when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
No
17. Will the action include or cause any construction or other activity that is reasonably certain
to increase average daily traffic on one or more existing roads?
Note: For federal actions, answer `yes' when the construction or operation of these facilities is either (1) part of
the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding,
etc.). .
No
18. Will the action include or cause any construction or other activity that is reasonably certain
to increase the number of travel lanes on an existing thoroughfare?
For federal actions, answer `yes' when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
No
05/22/2023 IPaC Record Locator: 635-126689656
19. Will the proposed action involve the creation of a new water -borne contaminant source
(e.g., leachate pond pits containing chemicals that are not NSF/ANSI 60 compliant)?
No
20. Will the proposed action involve the creation of a new point source discharge from a
facility other than a water treatment plant or storm water system?
No
21. Will the action include drilling or blasting?
No
22. Will the action involve military training (e.g., smoke operations, obscurant operations,
exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use)?
No
23. Will the proposed action involve the use of herbicides or pesticides other than herbicides
(e.g., fungicides, insecticides, or rodenticides)?
No
24. Will the action include or cause activities that are reasonably certain to cause chronic
nighttime noise in suitable summer habitat for the northern long-eared bat? Chronic noise
is noise that is continuous or occurs repeatedly again and again for a long time.
Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at:
https://www.fws. gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions
No
25. Does the action include, or is it reasonably certain to cause, the use of artificial lighting
within 1000 feet of suitable northern long-eared bat roosting habitat?
Note: Additional information defining suitable roosting habitat for the northern long-eared bat can be found at:
https://www.fws. gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions
No
26. Will the action include tree cutting or other means of knocking down or bringing down
trees, tree topping, or tree trimming?
Yes
27. Does the action include emergency cutting or trimming of hazard trees in order to remove
an imminent threat to human safety or property? See hazard tree note at the bottom of the
key for text that will be added to response letters
Note: A "hazard tree" is a tree that is an immediate threat to lives, public health and safety, or improved property
and has a diameter breast height of six inches or greater.
No
05/22/2023 IPaC Record Locator: 635-126689656 8
28. Your project overlaps with an area where northern long-eared bats may be present year-
round. To minimize or avoid impacts to the northern long-eared bat, all activities affecting
trees should not occur from December 15th to February 15th and April 15th to July 30th.
Will any project activites occur from December 15th to February 15th and/or April 15th to
July 30th.
No
29. Will the action cause trees to be cut, knocked down, or otherwise brought down across an
area greater than 1 acre?
Yes
05/22/2023 IPaC Record Locator: 635-126689656
PROJECT QUESTIONNAIRE
Will all project activities by completed by April 1, 2024?
No
05/22/2023 IPaC Record Locator: 635-126689656 10
IPAC USER CONTACT INFORMATION
Agency:
WithersRavenel
Name:
Gary Kreiser
Address:
115 MacKenan Drive
City:
Cary
State:
NC
Zip:
27511
Email
gkreiser@withersravenel.com
Phone:
9194693340
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Federal Aviation Administration
::WithersRavenel
Our People. Your Success.
NCN H P PROJECT REVIEW LETTER
Roy Cooper, Governor
MEN
■�°'■ INC DEPARTMENT OF
Its". A
M■■ NATURAL AND CULTURAL RESOURCES
EN
October 10, 2022
Gary Kreiser
Withers & Ravenel
115 MacKenan Drive
Cary, NC 27511
RE. CCCRA- Aerospace Development, 03150006.95
Dear Gary Kreiser.
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-19595
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 Rodney A. Butler at rodnev.butlerWncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMEn1T OF [vATURAL AND CULTURAL RESOURCES
1:1 W. JONES STREET, PALED i_ [vC 27603 - 1CS1 MAIL SERVICE CENTER. RALEiGH. NC 276"
OFC !J19 707.9120 • FAX 919.707.4121
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
CCCRA- Aerospace Development
Project No. 03150006.95
October 10, 2022
NCNHDE-19595
No Element Occurrences are Documented within the Project Area
There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the
NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present, it may simply mean that
the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project
area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our
database.
No Natural Areas are Documented within the Project Area
Managed Areas Documented Within Project Area
Managed Area Name Owner Owner Type
Craven County - Creekside Park Craven County Local Government
Craven County Open Space Craven County Local Government
NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve
(DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project.
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on October 10, 2022; source: NCNHP, Q2, July 2022. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 6
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
CCCRA- Aerospace Development
Project No. 03150006.95
October 10, 2022
NCNHDE-19595
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Element Accuracy Federal State Global State
Group Observa Occurrence Status Status Rank Rank
Date Rank i JOEL A
Animal 4814 Waterbird Colony Waterbird Colony 2014-07-08 BC 1-Very --- --- GNP S3
Assemblage High
Bird 19142 Haliaeetus Bald Eagle 2019 E 2-High Bald/Golden Threatened G5 S3B,S3
leucocephalus Eagle N
Protection
Act
Bird 35782 Sternula antillarum Least Tern 2014-06-19 BC 2-High --- Special G4 S313
Concern
Dragonfly or 38998 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very --- Significantly G5 S2?
Damselfly Low Rare
Dragonfly or 33788 Triacanthagyna trifida Phantom Darner 2004-Pre H? 5-Very --- Significantly G5 SH
Damselfly Low Rare
Mammal 38996 Myotis austroriparius Southeastern Bat 2018-02-14 E 2-High --- Special G4 S2
Concern
Mammal 5451 Trichechus manatus West Indian Manatee 1994-09-17 H? 5-Very Threatened Threatened G2G3 SIN
Low
Natural 25492 Tidal Freshwater Marsh--- 2013-08-26 B 4-Low --- --- G4 S4
Community (Giant Cordgrass
Subtype)
Natural 24818 Tidal Swamp --- 2006-04-14 BC 2-High --- --- G3G4 S4
Community (Cypress --Gum
Subtype)
Reptile 9438 Alligator American Alligator 2021-06-14 E 4-Low Threatened Threatened G5 S3
mississippiensis Similar
Appearance
Vascular Plant 18720 Aeschynomene Sensitive Jointvetch 1956-09 H 4-Low Threatened Threatened G2 SH
virginica
Vascular Plant 18719 Aeschynomene Sensitive Jointvetch 1949-09-12 X 4-Low Threatened Threatened G2 SH
virginica
Page 3 of 6
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last Element
Group Observation Occurrence
Date Rank
Vascular Plant 11354 Bidens trichosperma Crowned Beggar -ticks 1952-08-30 H
Vascular Plant 20022 Mononeuria paludicola Godfrey's Sandwort
Vascular Plant 17479 Sagittaria filiformis Water Arrowhead
Vascular Plant 11322 Solidago verna Spring -flowering
Goldenrod
1951-08 H
1951-10-07 H
1951-05 H
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name Replyentational Rating
Trent River/Brice Creek Marshes R5 (General)
Brice Creek Swamps R2 (Very High)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name
City of New Bern Open Space
City of New Bern
Craven County - Creekside Park
Craven County
Craven County Open Space
Craven County
Craven County Open Space
Craven County
Craven County Open Space
Craven County
Craven County Open Space
Craven County
Croatan National Forest
US Forest Service
NC Hazard Mitigation Buyout Property -
Craven
NC DPS, Division of Emergency
County
Management
NC Hazard Mitigation Buyout Property -
Craven
NC DPS, Division of Emergency
County
Management
NC Hazard Mitigation Buyout Property -
Craven
NC DPS, Division of Emergency
County
Management
NC Hazard Mitigation Buyout Property -
Craven
NC DPS, Division of Emergency
County
Management
NC Hazard Mitigation Buyout Property -
Craven
NC DPS, Division of Emergency
County
Management
North Carolina Coastal Land Trust Easement
North Carolina Coastal Land Trust
Accuracy Federal
Status
3-Medium ---
4-Low ---
3-Medium ---
3-Medium
�tive Rating
C5 (General)
C4 (Moderate)
Owner Type
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
Federal
State
State
State
State
State
Private
State
Status
i
Significantly
Rare
Peripheral
Endangered
Significantly
Rare
Peripheral
Threatened
Global State
Rank Rank
G5? S1
G1 S1
G4G5 SH
G3 S3
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on October 10, 2022; source: NCNHP, Q2, July 2022. Please
Page 4 of 6
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 5 of 6
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Sources: Esn, Airbus OS, USG5, NGA NASA, CGIAR, N Robinson, NCEAS,
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Page 6 of 6
::WithersRavenel
Our People. Your Success.
PHOTO DOCUMENTATION
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::WithersRavenel
Our People. Your Success.
Photo 3: Typical view of mowed/maintained community.
Photo 4: Another typical view of mowed/maintained community.
Page 2 of 3
::WithersRavenel
Our People. Your Success.
Photo 5: View of Pond 1 facing south.
Photo 6: View of pond 2 facing south.
Page 3 of 3