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Home My WebLink About20181013 Ver 1_USFWS Review_20180724Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Self-Certification Letter “no effect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or “may affect, not likely to adversely affect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or “may affect, likely to adversely affect” determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; “no Eagle Act permit required” determinations for eagles. 3/30/2018 Project No. 00358-0140; Wilson's Mills WD-WTP Service LineProject Name______________________________ Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: ✔ Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the “no effect” or “not likely to adversely affect” determinations for proposed and listed species and proposed and designated critical habitat; the “may affect” determination for Northern long-eared bat; and/or the “no Eagle Act permit required” determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package 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: Consultation Code: 04EN2000-2018-SLI-0379 Event Code: 04EN2000-2018-E-00824 Project Name: Project 2: Wilson’s Mills and Buffalo Water Districts Transmission System Improvements Subject:List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided 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.). 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. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally-protected species list, information on the February 26, 2018 02/26/2018 Event Code: 04EN2000-2018-E-00824 2 species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ 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 Tracking Number in the header of this letter with any request for consultation or correspondence about your project 02/26/2018 Event Code: 04EN2000-2018-E-00824 3 that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. Attachment(s): ▪Official Species List 02/26/2018 Event Code: 04EN2000-2018-E-00824 1 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 02/26/2018 Event Code: 04EN2000-2018-E-00824 2 Project Summary Consultation Code:04EN2000-2018-SLI-0379 Event Code:04EN2000-2018-E-00824 Project Name:Project 2: Wilson’s Mills and Buffalo Water Districts Transmission System Improvements Project Type:WATER SUPPLY / DELIVERY Project Description:The central location of this project is in Wilson's Mills, Johnston County, North Carolina. Project 2 will connect with the proposed new pump station. The pump station will be developed just north of the intersection of Willowbranch Lane and Wilson’s Mills Road. A short length of pipe (about 100ft) will connect the pump station to the new pipes running along Wilson’s Mills Road. The 100ft long water main will run south until it enters the NCDOT ROW, at which point the alignment will continue to run along the north side of Wilson’s Mills Road for about 1 mile before turning 90 degrees to the left to connect to the southern ROW of SR-1912. The alignment will continue along the southern edge of SR-1912 for approximately 0.33 miles before turning 90 degrees to the left, crossing the railroad and following the eastern edge of Johnston Farms Drive. The alignment will follow Johnston Farms Drive, turning east along the southern edge of Marlin Lane, then turning south to run along Forest Island Avenue. Forest Island Avenue intersect with Clearwater Drive at which point the alignment will cut between residential properties and follow the tree line of Johnston County Property northeast until passing all of the residential lots. Once clear of the residential lots, the alignment runs north until connecting with the Wilson’s Mills Water Treatment Plant (WTP) just outside the eastern edge of Wilson Mill’s town limits. The project has been proposed by Johnston County, NC and is being funded by a loan from the NCDEQ- Division of Water Infrastructure. Project 2 will connect the Wilson’s Mills WTP to the newly proposed pump station, via a 24” diameter watermain. Approximately 13,150 feet of watermain will be installed underground. The installation will occur primarily within NCDOT ROW. The watermain will cross under the railroad tracks that run through Wilson’s Mills. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.57885193615219N78.35075888721887W 02/26/2018 Event Code: 04EN2000-2018-E-00824 3 Counties:Johnston, NC 02/26/2018 Event Code: 04EN2000-2018-E-00824 4 Endangered Species Act Species There is a total of 2 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. 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. Birds NAME STATUS Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. NCNHDE-5442 February 26, 2018 Ray Bode EEE Consulting 601 Cascade Pointe, Suite 101 Cary, NC 27513 RE: Project 2: Wilson’s Mills and Buffalo Water Districts Transmission System Improvements; 17-511 Dear Ray Bode: 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 rodney.butler@ncdcr.gov 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 Project 2: Wilson’s Mills and Buffalo Water Districts Transmission System Improvements Project No. 17-511 February 26, 2018 NCNHDE-5442 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 Dragonfly or Damselfly 33753 Somatochlora georgiana Coppery Emerald 2004-Pre H?5-Very Low ---Significantly Rare G3G4 S2? Freshwater Bivalve 7828 Elliptio roanokensis Roanoke Slabshell 2016-12-23 E 3-Medium Species of Concern Threatened G3 S3 Freshwater Bivalve 37352 Villosa constricta Notched Rainbow 2014-07-18 E 3-Medium Species of Concern Special Concern G3 S3 Vascular Plant 22453 Dichanthelium cryptanthum Hidden-flowered Witchgrass 1897-07-15 H 4-Low ---Significantly Rare Throughout G3G4Q S2 Natural Areas Documented Within a One-mile Radius of the Project Area Site Name Representational Rating Collective Rating Selma Heath Bluffs R5 (General)C5 (General) Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type City of Raleigh Open Space City of Raleigh Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on February 26, 2018; source: NCNHP, Q1 January 2018. 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 3 Powered by TCPDF (www.tcpdf.org) Page 3 of 3 Species Conclusions Table Project Name: Project No. 00358-0140; Wilson’s Mills WD-WTP Service Lane Date: March 30, 2018 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Red-cockaded Woodpecker (Picoides borealis) No suitable habitat present No effect Foot survey dates: March 8, 9, & 15, 2018 Michaux’s Sumac (Rhus michauxii) Species not present No effect Foot survey dates: March 8, 9, & 15, 2018 Bald Eagle (Haliaeetus leucocephalus) Unlikely to disturb nesting bald eagles No Eagle Act Permit Required Foot survey dates: March 8, 9, & 15, 2018 Critical Habitat No critical habitat present Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. _______________________________________________________________ ___________________________ Signature /Title Date