20180358 Ver 1_ProtectedSpeciesReport_20180313

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)

November 29, 2017

Mr. Jeff Reasner
Dependable Development, Inc.
2649 Breckonridge Centre Drive
Monroe, NC 28110
[e-mail]
317-431-3365

Subject:Protected Species Habitat Assessment Report
The Haven at Rocky River
Concord, North Carolina
CWS Project No. 2017-0531

Dear Mr. Reasner,

Dependable Development, Inc. has contracted Carolina Wetland Services, Inc. (CWS) to
provide a protected species habitat assessment for the Haven at Rocky River site. The Haven
at Rocky River site (Cabarrus County Tax Parcel No. 55375877960000) is approximately 71
acres in extent and is located northeast of the Flowes Store Road and Bostwood Lane
intersection in unincorporated Cabarrus County, North Carolina (Figure 1).

Methods
In-office Desktop Review
To determine which protected species are listed as occurring or potentially occurring within the
project vicinity and prior to conducting the on-site field investigation, CWS consulted the United
States Fish and Wildlife Service’s (USFWS) Endangered and Threatened Species and Species
of Concern by County for North Carolina online database for Mecklenburg County . In addition,
1
CWS performed a data review using the North Carolina Natural Heritage Program (NCNHP)
Data Explorer on November 11, 2017 to determine if any record occurrences of federally-listed,
2
candidate endangered, threatened species, or critical habitat are located within the project
limits.

Typical habitat requirements for listed species was discerned from multiple USFWS and
3
NCNHP online resources including, but not limited to, specific USFWS species profiles,
4
recovery plans, NCNHP’s Guide to Federally Listed Endangered and Threatened Species of
North Carolina, and List of the Rare Plant Species of North Carolina. United States Department
1 United States Fish and Wildlife Service, Raleigh Field Office. Accessed November 16, 2017. Endangered and Threatened
Species and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html
2 North Carolina Natural Heritage Data Explorer. Accessed November 13, 2017. https://ncnhde.natureserve.org/.
3 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina’s Federally Threatened and Endangered Plant
Species. http://www.fws.gov/nces/es/plant_survey.html. Accessed November 22, 2017.
4 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural
Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylist/nc_counties.html
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET

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The Haven at Rocky River November 29, 2017
Protected Species Assessment Report CWS Project No. 2017-0531

of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of
Cabarrus County and aerial imagery were also reviewed for potential habitat communities of
5
listed species within the project vicinity (Figures 2 and 3).

Field Survey
CWS scientists Daniel Roberts, Project Scientist, and Christine Geist, PWS, CE, Principal
Scientist, conducted a pedestrian habitat assessment of the project area on November 21,
2017. Potential habitat for potentially occurring federally-protected species that was identified
during the desktop review was assessed in the field for the quality of physical and/or biological
features essential to the conservation of the applicable species. Additionally, during the
pedestrian habitat assessment, areas were reviewed for applicable federally protected species;
however, formal surveys were not conducted. Identification references for natural communities
include Schafale and Weakley’s Third Approximation for Natural Communities of North Carolina
(1990) and Weakley (2015) for plant species.
6 7

Results
Based on the NCNHP data explorer review, there are no current records of federally-protected
species within the project limits or within a mile of the project limits (Attachment A). The
USFWS lists three federally protected species for Cabarrus County (Table 1). An official
species list has not been obtained from the USFWS Asheville Field Office.

Table 1. Unofficial List of Federally-Protected Species Potentially Occurring within the
Haven at Rocky River Site, Cabarrus County, NC.
Major Group Scientific Name Common Name Federal Status* Record Status
Plant Helianthus
schweinitzii
Schweinitz's
Sunflower E Current
Animal Lasmigona
decorata Carolina Heelsplitter E Historic
Animal Myotis
septentrionalis
Northern-Long-Eared
Bat T Current
* E - Endangered, T - Threatened

Three terrestrial community types were identified within the project area during the field survey.
These community types consist of mixed hardwood forests, bottomland hardwood forests, and
maintained open areas from a sewerline right-of-way and access road (Figure 3). Of the
identified on-site community types, only the sewerline right-of-way is considered potential
habitat for federally threatened or endangered species that could potentially occur within the
project limits. A brief description of each species habitat requirements and determination of
effect findings are listed below by species.

5 United States Department of Agriculture, 2017. Web Soil Survey of Cabarrus County, North Carolina. Accessed 11/14/17.
Source: https://websoilsurvey.nrcs.usda.gov/app/HomePage.htm
6 Schafale, M.P., and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina, Third Approximation.
http://ww.namethatplant.net/PDFs/class.pdf.
7 Weakley, A.S. 2015. Flora of the Southern and Mid-Atlantic States. http://www.herbarium.unc.edu/flora.htm.

Page 2 of 6
The Haven at Rocky River November 29, 2017
Protected Species Assessment Report CWS Project No. 2017-0531
Schweinitz’s sunflower ( Helianthus schweinitzii ) – No Effect
Habitat Description:
Schweinitz’s sunflower is a perennial herb with yellow rays and yellow centers. They
can reach heights of five feet. Populations are limited to the piedmont of North and
South Carolina. It has been listed as an Endangered species under the ESA since
1991. The typical habitat for this plant includes roadsides, old pastures, transmission
8
line right-of-ways, open areas, either natural or human-maintained habitats, or edges of
upland woods. The few sites where this rhizomatous perennial herb occurs in relatively
natural vegetation are found in Xeric Hardpan Forests. The species is also found along
roadside rights-of-way, maintained power lines and other utility rights-of-way, edges of
thickets and old pastures, clearings and edges of upland oak-pine-hickory woods and
Piedmont longleaf pine forests, and other sunny or semi-sunny habitats where
disturbances (e.g., mowing, clearing, grazing, blow downs, storms, frequent fire) help
create open or partially open areas for sunlight. It is intolerant of full shade and
excessive competition from other vegetation. Schweinitz’s sunflower occurs in a variety
of soil series, including Badin, Cecil, Cid, Enon, Gaston, Georgeville, Iredell,
Mecklenburg, Misenheimer, Secrest, Tatum, Uwharrie, and Zion, among others. It is
generally found growing on shallow sandy soils with high gravel content; shallow, poor,
clayey hardpans; or shallow rocky soils, especially those derived from mafic rocks.
9
Biological Analysis:
Potential on site habitat for this species is limited to the maintained, open areas of
sewerline right-of-ways (Figure 3). The desktop review and field survey assessment
determined that the maintained, open areas have the proper soils, slopes, and
occasional disturbances but have excessive shading and are dominated by invasive
species ( Microstegium ) (Photographs 1 and 2, Attachment B). No individuals of
Schweinitz’s sunflower were observed during the field assessment on November 21,
2017. This survey was conducted outside the optimal survey window of late August to
October; however, plant remnants identifiable to genera can often be seen after
flowering (personal observation). Although potential habitat is present, there was
excessive competition from other vegetation and there was an absence of any
Helianthus species observed during the habitat assessment. The NHP database
indicates one element occurrence of Helianthus schweinitzii occurs within one-mile of
the site, but this population was last observed in 2005 and is considered to have poor
estimated viability/ecological integrity. These findings leads CWS to conclude that the
proposed project will have no effect on Schweinitz’ s sunflower .
Carolina heelsplitter ( Lasmigona decorata ) - No Effect
Habitat Description:
The Carolina heelsplitter is a large mollusk with a dark brown, ovate, trapezoidal-shaped
shell. Only ten known populations of the Carolina heelsplitter exist. It has been listed as
Endangered under the ESA since 1993 . It requires cool, clean, well oxygenated water
10
8 United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii
(Schweinitz’s sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/fr1852.pdf.
9 North Carolina Department of Transportation NRTR Guidelines for Consultants. T&E Animal and Plant Habitat Descriptions.
https://connect.ncdot.gov/resources/environmental/pages/environmental-compliance-guides.aspx
10 United States Fish and Wildlife Services. 1993. Endangered and Threatened Wildlife and Plants; Lasmigona decorata (Carolina
Page 3 of 6

The Haven at Rocky River November 29, 2017
Protected Species Assessment Report CWS Project No. 2017-0531

with stable, silt-free stream beds, and perennial flow regime. The general habitat
requirements for the Carolina heelsplitter are shaded areas in large rivers to small
streams, often burrowed into clay banks between the root systems of trees, or in runs
along steep banks with moderate current. The more recent habitat where the Carolina
heelsplitter has been found is in sections of streams containing bedrock with
perpendicular crevices filled with sand and gravel, and with wide riparian buffers. 11

Biological Analysis:
The on-site perennial stream is highly degraded with silty turbid waters, slow current,
and allows no access to woody root systems (Photographs 3 and 4, Attachment B). This
stream condition is not considered habitat for Carolina heelsplitter. Based on the lack of
potential habitat and NHP database indicating there is no known population of the
species within one mile of the project area or in downstreams waters, CWS concludes
that this project will have no effect on the Carolina heelsplitter.

Northern long-eared bat ( Myotis septentrionalis ) – Exempt
The northern long-eared bat (NLEB) is one of the species of bats most impacted by the
white-nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes forests
and woodlots containing live trees and/or dead snags greater than three inches diameter at
breast height with cavities or crevices. Winter habitat (hibernacula) of the NLEB includes caves,
mines, rocky areas, or structures that mimic similar conditions, such as culverts greater than
48-inch in diameter. The NLEB was listed as Threatened (T) on April 2, 2015.
12

A Standard Local Operating Procedure for Endangered Species Act Compliance (SLOPES) was
established for NLEB between the USFWS Asheville and Raleigh Ecological Offices and the
United States Army Corps of Engineers (USACE), Wilmington District, on January 31, 2017.
13
This SLOPES defines how the USACE will make determinations of effect to the NLEB on
projects in which the USACE is the lead federal agency. Alternative Local Procedure 2 (ALP 2)
applies for the The Haven at Rocky River site as the action area is within range of the NLEB,
14
the action area is located outside of a red 12-digit HUC as defined by the Asheville Ecological
Services Field Office, and there is no pile driving, blasting or other percussive activities within
15
0.25 mile of a red HUC boundary. Consulting on other listed species or critical habitat is
required by the USACE.

The final 4(d) rule exempts incidental take of NLEB associated with activities that occur greater
than 0.25 miles from a known hibernaculum site and greater than 150 feet from a known,
occupied maternity roost from June 1-July 31. In accordance with ALP 2 and the final 4(d) rule
(effective as of February 16, 2016), any incidental take that may result from associated activities
is exempt under the 4(d) rule. Therefore, this project is exempt under the 4(d) rule.

heelsplitter) Determined to be Endangered. http://ecos.fws.gov/docs/federal_register/fr2323.pdf.
11 North Carolina Department of Transportation NRTR Guidelines for Consultants. T&E Animal and Plant Habitat Descriptions.
https://connect.ncdot.gov/resources/environmental/pages/environmental-compliance-guides.aspx
12 United States Fish and Wildlife Service. 2016. 4(d) Rule for the Northern Long-Eared Bat; Final rule.
https://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf
13 USACE http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
14 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf
15 The U.S. Fish and Wildlife Service (USFWS) 2016. Northern Long-Eared Bat.

Page 4 of 6

The Haven at Rocky River November 29, 2017
Protected Species Assessment Report CWS Project No. 2017-0531

Determinations
Based on the literature search and the results of the on-site assessment for suitable habitat of
federally-protected endangered, threatened, and candidate species, it has been determined that
potentially suitable habitat is present within the project limits for Schweinitz’s sunflower but not
for Carolina heelsplitter. Though potential habitat is present, because of the excessive
competition from invasive species, absence of any Helianthus species during the habitat
assessment, and NHP database indicating there is no known population of the species within
one mile of the project area, CWS has rendered a biological determination of no effect for this
species. Because suitable habitat was not observed within the project limits for the Carolina
heelsplitter, CWS has rendered a biological determination of no effect for this species.
Additionally, no tree removal activities will occur within a 150-foot radius of a known, occupied
NLEB maternity roost from June 1-July 31 and no trees will be removed within 0.25 miles of a
known hibernaculum at any time of year; any incidental take on NLEB that may result from
associated activities is exempt under the 4(d) rule . Biological determinations for federally
16
protected species are summarized in Table 2 (below).

Table 2. Biological Determinations Summary for Federally Protected Species
Scientific Name Common Name Federal
Status* Habitat Present Biological
Determination
Helianthus schwinitzii Schweinitz's Sunflower E Yes No Effect
Lasmigona decorata Carolina heelsplitter E No No Effect
Myotis septentrionalis Northern Long-Eared Bat T Yes Exempt
* E - Endangered, T - Threatened

16 http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html

Page 5 of 6

The Haven at Rocky River November 29, 2017
Protected Species Assessment Report CWS Project No. 2017-0531

A biological assessment was not conducted for this project. All biological determinations of
effect represent the best professional opinion of CWS and are not official determinations of
effect. It is the responsibility of the lead federal agency to render an official determination of
effect. Should the lead federal agency agree with CWS’s initial findings of no effect, then no
USFWS consultation is required to comply with Section 7 of the Endangered Species Act.
Should the lead federal agency’s determination of effect differ from the findings of CWS, formal
or informal consultation with USFWS may be required.

Thank you for the opportunity to provide these services on this important project. Please do not
hesitate to contact Gregg Antemann at 704-408-1683 or [e-mail] should you have
any questions or comments regarding this report.

Sincerely,

Gregg Antemann, PWS Daniel Roberts
Principal Scientist Project Scientist

Attachments: Figure 1: USGS Site Location
Figure 2: Current USDA-NRCS Soil Map of Cabarrus County
Figure 3: Aerial Imagery
Attachment A: NCNHP Data Review Report
Attachment B: Representative Photographs (1-4)

Page 6 of 6
Current USGS Site Location FIGURE NO.
1
I
2,000 0 2,0001,000 Feet
GCA
SCALE:
CWS PROJECT NO:
CONTOUR INTERVAL:
DATE:
DRAWN BY:
CHECKED BY:
2017-0531
DJZ
Legend
Project Limits (71 ac.)
The Haven at Rocky River
Cabarrus County, North Carolina
PETS Habitat Assessment
Flowes Store Road
11/22/20171 inch = 2,000 feet
C:\Google Drive\2017\2017 Consulting\2017 Projects\2017-0531 Haven at Rocky River\PETS\ArcGIS\Figure1_CurrentUSGS.mxd
REFERENCE: 7.5 MINUTE USGS TOPOGRAPHIC QUADRANGLE CONCORD SE, NC (2017).
N/A
EnB
PoF
PoF
PoF
SfB
EnD
EnD
PaF
EnB
EnD
CuD2
EnB
PaF
EnD
EnD
ChA
MeD
EnD
ChA
ChA
EnD
PoF
CuB2
MeD
EnD
EnB
ChA
PoF
PoD
MeB
LdB2
CuB2
EnD
PoFEnB
ChA
CuD2
AaB
PoD
CuD2
IdB
ChA
EnB
EnB
LdB2
EnD
EnB
ChA
ChA
ChA
CuD2
PoB
ChA
CuB2
PoF
AaB
ChA
EnD
IdB
EnB
EnD
MeB
EnB
EnD
EnD
PoF
PoF
EnB
MeB
LdD2
MeD
MeB
AaB
EnB
MeBCuB2
MeD
EnD
AaB
CuB2
PoF
EnD
PoD
EnB
PoF
MeBCuB2
AaB
IdB
EnB
W
CuB2
PoD
CoD
W
EnB
CcD2
CuD2
EnB
CoD
MeD
ChA
CuD2
MeD
CuD2
SfB
EnD
MeD
PoD
CuB2
CuB2
CuB2
CuB2
ChA
USDA-NRCS Current Soil Survey of Cabarrus County FIGURE NO.2
I
1,000 0 1,000500 Feet
GCA
SCALE:
CWS PROJECT NO:
CONTOUR INTERVAL:
DATE:
DRAWN BY:
CHECKED BY:
2017-0531
DJZ
Legend
Project Limits (71 ac.)
Streets
The Haven at Rocky RiverCabarrus County, North CarolinaPETS Habitat Assessment
11/22/20171 inch = 1,000 feet
C:\Google Drive\2017\2017 Consulting\2017 Projects\2017-0531 Haven at Rocky River\PETS\ArcGIS\Figure2_CurrentSoil.mxd
REFERENCE: USDA-NRCS SOIL SURVEY OF CABARRUS COUNTY, DATED 2016.
N/A
Hydric Coverage (%)
EnB Enon sandy loam, 2 to 8 percent slopes No 3.2
EnD Enon sandy loam, 8 to 15 percent slopes No 16.6
MeD Mecklenburg loam, 8 to 15 percent slopes No 28.9
PoD Poindexter loam, 8 to 15 percent slopes No 10.7
PoF Poindexter loam, 15 to 45 percent slopes No 40.6
100Total Coverage
Soil Unit Name and Description
Aerial Imagery FIGURE NO.3
I
400 0 400200 Feet
GCA
SCALE:
CWS PROJECT NO:
CONTOUR INTERVAL:
DATE:
DRAWN BY:
CHECKED BY:
2017-0531
DJZ
Legend
Project Limits (71 ac.)
TaxParcels
Streets
The Haven at Rocky RiverCabarrus County, North CarolinaPETS Habitat Assessment
11/22/20171 inch = 400 feet
C:\Google Drive\2017\2017 Consulting\2017 Projects\2017-0531 Haven at Rocky River\PETS\ArcGIS\Figure3_Aerial.mxd
REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, DATED 2017.
BACKGROUND GIS LAYER(S) PROVIDED BY CABARRUS COUNTY GIS DEPARTMENT, DATED 2016.
N/A
NCNHDE-4747
November 22, 2017
Daniel Roberts
Carolina Wetland Services
550 E. Westinghouse Blvd
Charlotte, NC 28273
RE: The Haven at Rocky River
Dear Daniel Roberts:
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, based on the project area mapped with your request, indicates that there are
no records for rare species, important natural communities, natural areas, or conservation/managed areas
within the proposed project boundary. Please note that although there may be no documentation of natural
heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have
been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists.
In the event that rare species are found within the project area, please contact the NCNHP so that we may
update our records.
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.
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 Federally-listed species are 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 [e-mail] or 919.707.8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
The Haven at Rocky River
November 22, 2017
NCNHDE-4747
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic
Group
EO ID Scientific Name Common Name Last
Observation
Date
Element
Occurrence
Rank
Accuracy Federal
Status
State
Status
Global
Rank
State
Rank
Freshwater Fish 5024 Etheostoma collis Carolina Darter 2004-04-28 E 3-Medium Species of
Concern
Special
Concern
G3 S3
Vascular Plant 20450 Helianthus schweinitzii Schweinitz's Sunflower 2005-10-13 D 3-Medium Endangered Endangered G3 S3
No Natural Areas are Documented Within a One-mile Radius of the Project Area
No Managed Areas are Documented Within a One-mile Radius of 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 November 22, 2017; source: NCNHP, Q4 October 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.
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The Haven at Rocky River November 22, 2017
Attachment B: Photopage CWS Project No. 2017-0531

Photograph 1. View of invasive Microstegium in suitable Schweinitz's sunflower habitat.

Photograph 2. View of unsuitable shaded habitat with invasive Microstegium .

Photopage 1 of 2

The Haven at Rocky River November 22, 2017
Attachment B: Photopage CWS Project No. 2017-0531

Photograph 3. View of unsuitable downstream Carolina heelsplitter habitat connection.

Photograph 4. View of unsuitable Carolina heelsplitter habitat.

Photopage 2 of 2