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20170938 Ver 1_Mitigation Plan_Appendix I_20170731
Appendix G Swift Creek - Permittee Responsible Mitigation Plan Edgecombe County, North Carolina APPENDIX I ENDANGERED AND PROTECTED SPECIES SEARCH This Page Intentionally Left Blank ROY COOPER 1C. SUSI H. H iILTON -MKI Natural and Culturaf Resources NCNHDE-3487 May 11, 2017 Julia Tillery Amec Foster Wheeler Environment & Infrastructure, Inc. 5710 Oleander Dr., Ste 110 Wilmington, NC 28403 RE: CSX - Swift Creek - Permittee Responsible Mitigation Plan ; 643009004.0010 Dear Julia Tillery: 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, 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 and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. 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 Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications.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 (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) 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 rodney.butler&ncdcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program —5 -`Nothing Compares = Stats cf North Carolina I department of Natural and cultural Resources I Natura I Heritage Program 121 W. Jones Street I Raleigh, NC 37663 1651 Mall Service Center I Raleigh,NC 27699-1651.. www_ncnhp,org 1919-707-6107 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area CSX - Swift Creek — Permittee Responsible Mitigation Plan Project No. 643009004.0010 May 11, 2017 NCNHDE-3487 Element Occurrences Documented Within Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Amphibian 3703 Necturus lewisi Neuse River Waterdog 2014-01-12 E 3 -Medium Species of Special G2 S2 Concern Concern Freshwater 14068 Elliptio roanokensis Roanoke Slabshell 2015-05-07 E 3 -Medium Species of Threatened G3 S3 Bivalve Concern Freshwater Fish 14421 Noturus furiosus Carolina Madtom 2007-08-02 E 3 -Medium Species of Threatened G2 S2 Concern Natural Areas Documented Within Project Area Site Name Representational Rating Collective Rating TAR/Swift Creek Aquatic Habitat n/a (Not Applicable) C1 (Exceptional) No Managed Areas Documented within the Project Area Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on May 11, 2017; source: NCNHP, Q1 January 2017. 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 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area CSX - Swift Creek — Permittee Responsible Mitigation Plan Project No. 643009004.0010 May 11, 2017 NCNHDE-3487 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name I Last Element Group Status Rank Rank Observation Occurrence Special G2 S2 Date Rank Amphibian 3703 Necturus lewisi Neuse River Waterdog 2014-01-12 E Freshwater 1206 Alasmidonta undulata Triangle Floater 2013-10-16 E Bivalve Species of Threatened G3 S3 Freshwater 14068 Elliptio roanokensis Roanoke Slabshell 2015-05-07 E Bivalve G1 S1 3 -Medium --- Threatened Freshwater 21437 Elliptio steinstansana Tar River Spinymussel 1991-06-18 H? Bivalve Concern Freshwater 15257 Lampsilis radiata Eastern Lampmussel 1991-06-18 H? Bivalve Freshwater Fish 14421 Noturus furiosus Carolina Madtom 2007-08-02 E Accuracy Federal State Global State Status Status Rank Rank 3 -Medium Species of Special G2 S2 Concern Concern 3 -Medium Species of Threatened G4 S3 Concern 3 -Medium Species of Threatened G3 S3 Concern 3 -Medium Endangered Endangered G1 S1 3 -Medium --- Threatened G5 S3 3 -Medium Species of Threatened G2 S2 Concern Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Representational Rating Collective Rating TAR/Swift Creek Aquatic Habitat n/a (Not Applicable) C1 (Exceptional) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner � Owner Type Conservation Reserve Enhancement Program Easement NC Department of Agriculture, Division of Soil State and Water Conservation Definitions and an explanation of status designations and codes can be found at https:Hncnhde.natureserve.org/content/help. Data query generated on May 11, 2017; source: NCNHP, Q1 January 2017. 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 3 of 4 NCNHDE-3487: CSX - Swift Creek — Permittee Responsible Mitigation Plan May 11, 2017 Project Boundary Buffered Project Boundary E] NHP Natural Area (NHNA) E] Managed Area (MAREA) Page 4 of 4 1:34,464 0 0.275 0.55 1.1 mi 0 0.45 0.9 1.8 km Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong),—sstopo, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community IPaC: Explore Location IPaC IPaC resource list Page 1 of 9 U.S. Fish & Wildlife Service This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trustresources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site-specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Edgecombe County, North Carolina Local office L - https://ecos.fws.gov/ipac/location/SASOQVPXKFCKXJEICMEE7HH7LI/resources 5/11/2017 IPaC: Explore Location Raleigh Ecological Services Field Office t. (919) 856-4520 1B (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 Endangered species Page 2 of 9 This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish papulation, even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed t0 be found on or near the project area. To fully determine any potential effects to species, additional site-specific and project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. https://ecos.fws.gov/ipac/location/SASOQVPXKFCKXJEICMEE7HH7LI/resources 5/11/2017 IPaC: Explore Location Page 3 of 9 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species '- are managed by the Endangered Species Program of the U.S. Fish and Wildlife Service. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. The following species are potentially affected by activities in this location: Birds ►,�� Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Clams Tar River Spinymussel Elliptic) steinstansana No critical habitat has been designated for this species. htti2s://ecos.fws.gov/ecp/species/1392 Yellow Lance Ellptio lanceolata No critical habitat has been designated for this species. https://ecos,fws.gov/ecp/species/4511 Critical habitats STATUS Endangered Endangered Proposed Threatened Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. https://ecos.fws.gov/ipac/location/SASOQVPXKFCKXJEICMEE7HH7LI/resources 5/11/2017 INC: Explore Location Page 4 of 9 Migratory birds Certain birds are protected under the Migratory Bird Treaty Act '- and the Bald and Golden Eagle Protection Act?. Any activity that results in the take (to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct) of migratory birds or eagles is prohibited unless authorized by the U.S. Fish and Wildlife Service 3. There are no provisions for allowing the take of migratory birds that are unintentionally killed or injured. Any person or organization who plans or conducts activities that may result in the take of migratory birds is responsible for complying with the appropriate regulations and implementing appropriate conservation measures. 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) Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed- species/ birds-of-conservation-conce rn. p h p • Conservation measures for birds http://www.fws.gov/birds/management/project- assessment-tool s -and -guidance/ conservation- measures. ph p • Year-round bird occurrence data 0 http://www.birdscanada.org/birdmon/default/datasummaries.isp The migratory birds species listed below are species of particular conservation concern (e.g. Birds of Conservation Concern) that may be potentially affected by activities in this location. it is not a list of every bird species you may find in this location, nor a guarantee that all of the bird species on this list will be found on or near this location. Although it is important to try to avoid and minimize impacts to all birds, special attention should be made to avoid and minimize impacts to birds of priority concern. To view available data on other bird species that may occur in your project area, please visit the AKN Histogram Tools and Other Bird Data Resources. To fully determine any potential effects to species, additional site-specific and project - specific information is often required. https://ecos.fws.gov/ipac/location/SASOQVPXKFCKXJEICMEE7HH7LI/resources 5/11/2017 IPaC: Explore Location NAM E SEASON(S) American Bittern Botaurus lentiginosus Wintering https://ecos.fws.gov/ecp/species/6582 American Kestrel Falco sparverius paulus Year-round Bald Eagle Haliaeetus leucocephalus Year-round https://ecos.fws.gov/ecp/species/1626 Brown -headed Nuthatch Sitta pusilla Year-round Chuck -will's -widow Caprimulgus carolinensis Breeding Fox Sparrow Passerella iliaca Wintering Henslow's Sparrow Ammodramus henslowii Breeding https://ecos.fws.gov/ecp/species/3941 Kentucky Warbler Oparornis tormosus Breeding Least Bittern Ixobrychus exilis Breeding https://ecos.fvvs.gov/ecp/sl2ecies/6175 Loggerhead Shrike Lanius ludovicianus Year-round https://ecos.fws.gov/ecp/species/8833 Peregrine Falcon Falco peregrinus Wintering https://ecos.fws-gov/ec�/species/8831 Prairie Warbler Dendroica discolor Breeding Prothonotary Warbler Protonotaria citrea Breeding Red-headed Woodpecker Melanerpes erythrocephalus Year-round Page 5 of 9 https://ecos.fws.gov/ipac/location/SASOQVPXKFCKXJEICMEE7HH7LI/resources 5/11/2017 IPaC: Explore Location Rusty Blackbird Euphagus carolinus Wintering Sedge Wren Cistothorus platensis Wintering Short -eared Owl Asio flammeus Wintering https://ecos.fws.gov/ecp/species/9295 Swainson's Warbler Limnothlypis swainsonii Breeding Wood Thrush Hylocichla mustelina Breeding Worm Eating Warbler Helmitheros vermivorum Breeding Yellow Rail Coturnicops noveboracensis Wintering https://ecos.fws.gov/ecp/species/9476 Page 6 of 9 What does IPaC use to generate the list of migratory bird species potentially occurring in my specified location? Landbirds: Migratory birds that are displayed on the IPaC species list are based on ranges in the latest edition of the National Geographic Guide, Birds of North America (6th Edition, 2011 by Jon L. Dunn, and Jonathan Alderfer). Although these ranges are coarse in mature, a number of U.S. Fish and Wildlife Service migratory bird biologists agree that these maps are some of the best range maps to date. These ranges were clipped to a specific Bird Conservation Region (BCR) or USFWS Region/Regions, if it was indicated in the 2008 list of Birds of Conservation Concern (BCC) that a species was a BCC species only in a particular Region/Regions. Additional modifications have been made to some ranges based on more local or refined range information and/or information provided by U.S. Fish and Wildlife Service biologists with species expertise. All migratory birds that show in areas on land in IPaC are those that appear in the 2008 Birds of Conservation Concern report. Atlantic Seabirds: Ranges in IPaC for birds off the Atlantic coast are derived from species distribution models developed by the National Oceanic and Atmospheric Association (NOAH) National Centers for Coastal Ocean Science (NCCOS) using the best available seabird survey data for the offshore Atlantic Coastal region to date. NOAANCCOS assisted USFWS in developing seasonal species ranges from their models for specific use in IPaC. Some of these birds are not BCC species but were of interest for inclusion because they may occur in high abundance off the coast at different times throughout the year, which potentially makes them more susceptible to certain types of development and activities taking place in that area. For more refined details about the abundance https://ecos.fws.gov/ipac/location/SASOQVPXKFCKXJEICMEE7HH7LI/resources 5/11/2017 IPaC: Explore Location Page 7 of 9 and richness of bird species within your project area off the Atlantic Coast, see the Northeast Ocean Data Portal. The Portal also offers data and information about other types of taxa that may be helpful in your project review. About the NOAANCCOS models: the models were developed as part of the NOAANCCOS project: Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf. The models resulting from this project are being used in a number of decision-support/mapping products in order to help guide decision- making on activities off the Atlantic Coast with the goal of reducing impacts to migratory birds. One such product is the Northeast Ocean Data Portal, which can be used to explore details about the relative occurrence and abundance of bird species in a particular area off the Atlantic Coast. All migratory bird range maps within IPaC are continuously being updated as new and better information becomes available. Can I get additional information about the levels of occurrence in my project area of specific birds or groups of birds listed in IPaC? Landbirds: The Avian Knowledge Network (AKN) provides a tool currently called the "Histogram Tool", which draws from the data within the AKN (latest,survey, point count, citizen science datasets) to create a view of relative abundance of species within a particular location over the course of the year. The results of the tool depict the frequency of detection of a species in survey events, averaged between multiple datasets within AKN in a particular week of the year. You may access the histogram tools through the Migratory Bird Programs AKN Histogram Tools webpage. The tool is currently available for 4 regions (California, Northeast U.S., Southeast U.S. and Midwest), which encompasses the following 32 states: Alabama, Arkansas, California, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, North, Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, and Wisconsin. In the near future, there are plans to expand this tool nationwide within the AKN, and allow the graphs produced to appear with the list of trust resources generated by IPaC, providing you with an additional level of detail about the level of occurrence of the species of particular concern potentially occurring in your project area throughout the course of the year. Atlantic Seabirds 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 NOAANCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. https://ecos.fws.gov/ipac/location/SASOQVPXKFCKXJEICMEE7HH7LI/resources 5/11/2017 IPaC: Explore Location Page 8 of 9 Facilities Wildlife refuges Any activity proposed on National Wildlife Refuge lands must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGES AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. This location overlaps the following wetlands: FRESHWATER FORESTED/SHRUB WETLAND PF01 /2F PF01A PF01 C PF01 /2C A full description for each wetland code can be found at the National Wetlands Inventory website: https://ecos.fws.gov/ipac/wetlands/decoder https://ecos.fws.gov/ipac/location/SASOQVPXKFCKXJEICMEE7HH7LI/resources 5/11/2017 IPaC: Explore Location Page 9 of 9 Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on - the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. https://ecos.fws.gov/ipac/location/SASOQVPXKFCKXJEICMEE7HH7LI/resources 5/11/2017