No preview available
HomeMy WebLinkAbout20241043 Ver 1_Fish and Wildlife Service_20240731 United States Department of the Interior / -� FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh,NC 27607 Phone: (919)856-4520 Fax: (919)856-4556 In Reply Refer To: 07/29/2024 15:40:47 UTC Project Code: 2024-0122597 Project Name: Sandy Hollow Townhomes Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally-listed species on this species list,the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species'presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired.The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information.An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered Project code: 2024-0122597 07/29/2024 15:40:47 UTC species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act(42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws.gov/sites/default/f Iles/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act(MBTA) and the Bald and Golden Eagle Protection Act (BGEPA)to protect native birds from project-related impacts.Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. 2of13 Project code: 2024-0122597 07/29/2024 15:40:47 UTC We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List ■ USFWS National Wildlife Refuges and Fish Hatcheries ■ Bald & Golden Eagles ■ Migratory Birds OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh, NC 27607 (919) 856-4520 3of13 Project code:2024-0122597 07/29/2024 15:40:47 UTC PROJECT SUMMARY Project Code: 2024-0122597 Project Name: Sandy Hollow Townhomes Project Type: Residential Construction Project Description: This project is a low density subdivision in Jacksonville NC. Project Location: The approximate location of the project can be viewed in Google Maps: https:H www.p,00p,le.com/maps/Ca)34.80708215.-77.52122136417609.14z 4 W S' Counties: Onslow County, North Carolina 4of13 Project code: 2024-0122597 07/29/2024 15:40:47 UTC ENDANGERED SPECIES ACT SPECIES There is a total of 14 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 1 of these species should be considered only under certain conditions. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries!, 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. 5of13 Project code: 2024-0122597 07/29/2024 15:40:47 UTC MAMMALS NAME STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • This species only needs to be considered if the project includes wind turbine operations. Species profile:https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile:his://ecos.fws.gov/ecp/species/10515 BIRDS NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp.jamaicensis Threatened No critical habitat has been designated for this species. Species profile:https://ecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations]-Wherever found,except those areas where listed as endangered. There is final critical habitat for this species.Your location does not overlap the critical habitat. Species profile:https:Hecos.fws.gov/ecp/species/6039 Red-cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile:hUs://ecosJws.;ov/ecp/species/7614 Rufa Red Knot Calidris canutus ru fa Threatened There is proposed critical habitat for this species. Species profile:https://ecos.fws.gov/ecp/species/1864 REPTILES NAME STATUS American Alligator Alligator miss issippiens is Similarity of No critical habitat has been designated for this species. Appearance Species profile:https://ecos.fws.gov/ecp/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population:North Atlantic DPS There is proposed critical habitat for this species.Your location does not overlap the critical habitat. Species profile:https://ecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. Species profile:httl2s://ecos.fws.gov/ecp/`species/5523 6of13 Project code: 2024-0122597 07/29/2024 15:40:47 UTC NAME STATUS Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species.Your location does not overlap the critical habitat. Species profile:https://ecos.fws.pov/ec{LPecies/1493 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile:https:Hecos.fws. oyLc,p/species/3281 Pondberry Lindera melissi folia Endangered No critical habitat has been designated for this species. Species profile:https•//ecos fws gov/ecp/species/1279 Rough-leaved Loosestrife Lysimachia asperulae folia Endangered No critical habitat has been designated for this species. Species profile:https://ecos.fws. ov/ecp/species/2747 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S)MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Actl and the Migratory Bird Treaty Act2. 7of13 Project code:2024-0122597 07/29/2024 15:40:47 UTC Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treaty Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are likely bald eagles present in your project area. For additional information on bald eagles, refer to Bald Eagle Nesting and Sensitivity to Human Activity For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle 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. https:Hecos.fws.gov/ecp/species/1626 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s)your project overlaps during that week of the year. Breeding Season ( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort(1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) 8of13 Project code: 2024-0122597 07/29/2024 15:40:47 UTC A week is marked as having no data if there were no survey events for that week. probability of presence breeding season I survey effort no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non-BCC - Vulnerable Additional information can be found using the following links: ■ Eagle Management https://www.fws.gov/propram/eaple-management ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.Pov/ media/supplemental-information-mi$ratorv-birds-and-bald-and-golden-eagles-may-occur- project-action MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. 9of13 Project code: 2024-0122597 07/29/2024 15:40:47 UTC 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://ecos.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. https:Hecos.fws.gov/ecp/species/1626 Brown-headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions Jul 15 (BCRs)in the continental USA h!Ws://ecos.fws. ov/ecp/species/9427 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 25 and Alaska. httns://ecos.fws.gov/ecp/species/9406 Chuck-will's-widow Antrostomus carolinensis Breeds May 10 This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions to Jul 10 (BCRs)in the continental USA https://ecos.fws.gov/ecp/species/9604 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 Pectoral Sandpiper Calidris melanotos 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/9561 Prairie Warbler Setophaga discolor Breeds May 1 to This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA Jul 31 and Alaska. https:Hecos.fws.goy/ecp/species/9513 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. hIMs:Hecos.fws.gov/ecl2/species/9439 Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Sep 10 and Alaska. https://ecos.fws.i!ov/ec //sspecies/9398 10 of 13 Project code: 2624-0122597 07/29/2024 15:40:47 UTC PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (N) Green bars; the bird's relative probability of presence in the 10km grid cell(s)your project overlaps during that week of the year. Breeding Season ( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort(1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. ■probability of presence breeding season I survey effort —no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel �.—�— _ ..,_ -- _ .+ BCC-BCR _ Bald Eagle IIII IIII IIII IIII "" IIII �'�� -- Ilil 1111 "" ���� Non-BCC Vulnerable Nutha headed —'— '1 4 1' —11— 10' BCC-BCR Chimney Swift BCC Rag wide III IN IN INI 11111111 ---- --_-- _ - _ 4 (CON) Chuck-will's-widow _,..--• .«..I_• a } +_ —III IIII II~ -- — BCC-BCR —.-...... -- Lesser Yellowlegs BCC Rangewide (CON) 11of13 Project code: 2024-0122597 07/29/2024 15:40:47 UTC Pectoral Sandpiper BCC Rangewide (CON) Prairie Warbler ---- ---- -- — + BCC Rangewide -.- -' `+•� --«--+-+ ► ...,-. (CON) Prothonotary Warbler BCC Rangewide t. (CON) Red-beaded �- a .. •+ +•'"��� ���� �'�'���"-- - -_— —_— _ _ a Woodpecker BCC Rangewide (CON) Additional information can be found using the following links: • Eagle Management https://www.fws.p-ov/propram/eagle-management ■ Measures for avoiding and minimizing impacts to birds https://www.fws.Rov/library/ collections/avoiding-and-minimizing-incidental-take-mi ratory-birds ■ Nationwide conservation measures for birds https://www.fws.g`ov/sites/default/files/ documents/nationwide-standard-conservation-measures.p df • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-inf ormation-migratory-birds-and-bald-and-golden-eagles-may-o ccur- project-action 12 of 13 Project code:2024-0122597 07/29/2024 15:40:47 UTC IPAC USER CONTACT INFORMATION Agency: Tidewater Associates, Inc. Name: Anthony Moctezuma Address: 306 New Bridge Street City: Jacksonville State: NC Zip: 28540 Email tmoctezuma@tidewaterenc.com Phone: 9104552414 13 of 13 "LD yV4� .AW #�W urn United States Department of the Interior FISH AND WILDLIFE SERVICE ' 4f0,?`H'- '9, Raleigh Ecological Services Field Office - 3916 Sunset Ridge Rd Raleigh,NC 27607 Phone: (919)856-4520 Fax:(919)856-4556 In Reply Refer To: 07/29/2024 15:47:48 UTC Project code: 2024-0122597 Project Name: Sandy Hollow Townhomes Federal Nexus: no Federal Action Agency (if applicable): Subject: Technical assistance for 'Sandy Hollow Townhomes' Dear Anthony Moctezuma: 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 July 29, 2024, for 'Sandy Hollow Townhomes' (here forward, Project). This project has been assigned Project Code 2024-0122597 and all future correspondence should clearly reference this number. Please carefully review this letter.Your Endangered Species Act(Act) requirements are not complete. Ensuring Accurate Determinations When Using IPaC The Service developed the IPaC system and associated species' determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis.All information submitted by the Project proponent into IPaC must accurately represent the full scope and details of the Project. Failure to accurately represent or implement the Project as detailed in IPaC or the Northern Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter.Answers to certain questions in the DKey commit the project proponent to implementation of conservation measures that must be followed for the ESA determination to remain valid. Determination for the Northern Long-Eared Bat Based upon your IPaC submission and a standing analysis, your project is not reasonably certain to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. Project code: 2024-0122597 IPaC Record Locator:368-147080995 07/29/2024 15:47:48 UTC Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA-protected species and/or critical habitat that also may occur in your Action area: ■ American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) ■ Cooley's Meadowrue ThaIictrum cooleyi Endangered • Eastern Black Rail Laterallus jamaicensis ssp.jamaicensis Threatened ■ Green Sea Turtle Chelonia mydas Threatened ■ Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered ■ Leatherback Sea Turtle Dermochelys coriacea Endangered ■ Monarch Butterfly Danaus plexippus Candidate • Piping Plover Charadrius melodus Threatened • Pondberry Lindera melissi folia Endangered ■ Red-cockaded Woodpecker Picoides borealis Endangered ■ Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered • Rufa Red Knot Calidris canutus ru fa Threatened • Tricolored Bat Perimyotis sub flavus Proposed Endangered You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species and/or critical habitat listed above. Note that if a new species is listed that may be affected by the identified action before it is complete, additional review is recommended to ensure compliance with the Endangered Species Act. Next Steps Coordination with the Service is complete. This letter serves as technical assistance.All conservation measures should be implemented as proposed.Thank you for considering federally listed species during your project planning. We are uncertain where the northern long-eared bat occurs on the landscape outside of known locations. Because of the steep declines in the species and vast amount of available and suitable forest habitat, the presence of suitable forest habitat alone is a far less reliable predictor of their presence. Based on the best available information, most suitable habitat is now expected to be unoccupied. During the interim period, while we are working on potential methods to address this uncertainty, we conclude take is not reasonably certain to occur in areas of suitable habitat where presence has not been documented. If no changes occur with the Project or there are no updates on listed species, no further consultation/coordination for this project is required for the northern long-eared bat. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1)the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact(positively or negatively) DKey Version Publish Date: 07/09/2024 2 of 8 Project code: 2024-0122597 IPaC Record Locator: 368-147080995 07/29/2024 15:47:48 UTC federally listed species or designated critical habitat; or 3) a new species is listed, or critical habitat designated. If any of the above conditions occurs, additional coordination with the Service should take place before project implements any changes which are final or commits additional resources. If you have any questions regarding this letter or need further assistance, please contact the Raleigh Ecological Services Field Office and reference Project Code 2024-0122597 associated with this Project. DKey Version Publish Date:07/09/2024 3 of 8 Project code: 2024-0122597 IPaC Record Locator: 368-147080995 07/29/2024 15:47:48 UTC Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Sandy Hollow Townhomes 2. Description The following description was provided for the project'Sandy Hollow Townhomes': This project is a low density subdivision in Jacksonville NC. The approximate location of the project can be viewed in Google Maps: https: www.p,00gle.com/maps/(@34.80708215,-77.52122136417609.14z Y I X� V 7 DKey Version Publish Date: 07/09/2024 4 of 8 Project code:2024-0122597 IPaC Record Locator:368-147080995 07/29/2024 15:47:48 UTC DETERMINATION KEY RESULT Based on the answers provided, the proposed Action is consistent with a determination of "may affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis septentrionaiis). QUALIFICATION INTERVIEW 1. Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat or any other listed species? Note:Intentional take is defined as take that is the intended result of a project.Intentional take could refer to research,direct species management,surveys,and/or studies that include intentional handling/encountering, harassment,collection,or capturing of any individual of a federally listed threatened,endangered or proposed species? No 2. Your project overlaps with an area where northern long-eared bats may be present year- round. Time-of-year restrictions may not be appropriate for your project due to bats being active all year. Do you understand that your project may impact bats at any time during the year and time- of-year restrictions may not apply to your project? Yes 3. The action area does not overlap with an area for which U.S. Fish and Wildlife Service currently has data to support the presumption that the northern long-eared bat is present. Are you aware of other data that indicates that northern long-eared bats (NLEB) are likely to be present in the action area? Bat occurrence data may include identification of NLEBs in hibernacula, capture of NLEBs, tracking of NLEBs to roost trees, or confirmed NLEB acoustic detections. Data on captures, roost tree use, and acoustic detections should post-date the year when white- nose syndrome was detected in the relevant state.With this question, we are looking for data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife Service. No 4. Does any component of the action involve construction or operation of wind turbines? Note:For federal actions,answer`yes'if the construction or operation of wind power facilities is either(1)part of the federal action or(2)would not occur but for a federal agency action(federal permit,funding,etc.). No DKey Version Publish Date:07/09/2024 5 of 8 Project code: 2024-0122597 IPaC Record Locator: 368-147080995 07/29/2024 15:47:48 UTC 5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? No DKey Version Publish Date:07/09/2024 6 of 8 Project code: 2024-0122597 IPaC Record Locator: 368-147080995 07/29/2024 15:47:48 UTC PROJECT QUESTIONNAIRE DKey Version Publish Date:07/09/2024 7 of 8 Project code: 2024-0122597 IPaC Record Locator: 368-147080995 07/29/2024 15:47:48 UTC IPAC USER CONTACT INFORMATION Agency: Tidewater Associates, Inc. Name: Anthony Moctezuma Address: 306 New Bridge Street City: Jacksonville State: NC Zip: 28540 Email tmoctezuma@tidewaterenc.com Phone: 9104552414 DKey Version Publish Date: 07/09/2024 8 of 8