HomeMy WebLinkAbout20181161 Ver 1_Species List_20180820United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
http://www.fws.gov/nc-es/es/countyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2018-SLI-0218
Event Code: 04EN1000-2018-E-00612
Project Name: 251 Charlotte Highway
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 attached 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. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc_counties.html. The AFO website list includes “species of concern” species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmls/project_review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant_survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html
March 12, 2018
03/12/2018 Event Code: 04EN1000-2018-E-00612 2
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists 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 or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) 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 or by going to the AFO website.
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
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 and on our office's website
at https://www.fws.gov/asheville/htmls/project_review/assessment_guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, 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 additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) 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://
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www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;
http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/
towers/comtow.html.
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
that you submit to our office.
Attachment(s):
▪Official Species List
▪Migratory Birds
▪Wetlands
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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:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
(828) 258-3939
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Project Summary
Consultation Code:04EN1000-2018-SLI-0218
Event Code:04EN1000-2018-E-00612
Project Name:251 Charlotte Highway
Project Type:DEVELOPMENT
Project Description:Equinox is preparing a PCN for the Hall Group (Dothan, AL) in relation
to a planned HUD housing project to be constructed at 251 Charlotte
Highway; Equinox prepared the stream & wetlands delineations prior to
this step, and in dong so spent a considerable amount of time on the
ground assessing aspects of the Property. Equinox does not yet know the
exact size or extent of the planned development but will update the
project information accordingly once we have that information. The
development firm is currently in the process of design, but it is understood
that there may be impacts to streams or wetlands or both, as well as land
clearing (that will include trees) but that those impacts will be avoided
and minimized where at all possible.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.54811231886211N82.46772861176046W
Counties:Buncombe, NC
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Endangered Species Act Species
There is a total of 11 threatened, endangered, or candidate species on this species list. Species on
this list should be considered in an effects analysis for your project and could include species that
exist in another geographic area. For example, certain fish may appear on the species list because
a project could affect downstream species. 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.
Mammals
NAME STATUS
Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2657
Endangered
Gray Bat Myotis grisescens
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Endangered
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Threatened
Clams
NAME STATUS
Appalachian Elktoe Alasmidonta raveneliana
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5039
Endangered
Arachnids
NAME STATUS
Spruce-fir Moss Spider Microhexura montivaga
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/4801
Endangered
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Flowering Plants
NAME STATUS
Blue Ridge Goldenrod Solidago spithamaea
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5821
Threatened
Bunched Arrowhead Sagittaria fasciculata
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1720
Endangered
Mountain Sweet Pitcher-plant Sarracenia rubra ssp. jonesii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4283
Endangered
Spreading Avens Geum radiatum
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6854
Endangered
Virginia Spiraea Spiraea virginiana
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1728
Threatened
Lichens
NAME STATUS
Rock Gnome Lichen Gymnoderma lineare
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3933
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
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Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act .
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1.The Migratory Birds 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)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see maps of where birders and the
general public have sighted birds in and around your project area, visit E-bird tools such as the
E-bird data mapping tool (search for the name of a bird on your list to see specific locations
where that bird has been reported to occur within your project area over a certain timeframe) and
the E-bird Explore Data Tool (perform a query to see a list of all birds sighted in your county or
region and within a certain timeframe). For projects that occur off the Atlantic Coast, additional
maps and models detailing the relative occurrence and abundance of bird species on your list are
available. Links to additional information about Atlantic Coast birds, and other important
information about your migratory bird list can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https://ecos.fws.gov/ecp/species/1626
Breeds Sep 1 to
Aug 31
1
2
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NAME
BREEDING
SEASON
Black-billed Cuckoo Coccyzus erythropthalmus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/9399
Breeds May 15
to Oct 10
Bobolink Dolichonyx oryzivorus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 20
to Jul 31
Cerulean Warbler Dendroica cerulea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/2974
Breeds Apr 27
to Jul 20
Eastern Whip-poor-will Antrostomus vociferus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 1
to Aug 20
Golden-winged Warbler Vermivora chrysoptera
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/8745
Breeds May 1
to Jul 20
Henslow's Sparrow Ammodramus henslowii
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/3941
Breeds May 1
to Aug 31
Kentucky Warbler Oporornis formosus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Apr 20
to Aug 20
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 1
to Jul 31
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10
to Sep 10
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds
elsewhere
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10
to Aug 31
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NAME
BREEDING
SEASON
Yellow-bellied Sapsucker sphyrapicus varius
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
(BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/8792
Breeds May 10
to Jul 15
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.
Probability of Presence ()
Each green bar represents the bird's relative probability of presence in your project's counties
during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar
indicates a higher probability of species presence. The survey effort (see below) can be used to
establish a level of confidence in the presence score. One can have higher confidence in the
presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1.The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2.To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3.The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season ()
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort ()
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Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the counties of your project area. The number of surveys is
expressed as a range, for example, 33 to 64 surveys.
No Data ()
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non-BCC Vulnerable
Black-billed
Cuckoo
BCC Rangewide (CON)
Bobolink
BCC Rangewide (CON)
Cerulean Warbler
BCC Rangewide (CON)
Eastern Whip-poor-
will
BCC Rangewide (CON)
Golden-winged
Warbler
BCC Rangewide (CON)
Henslow's Sparrow
BCC Rangewide (CON)
Kentucky Warbler
BCC Rangewide (CON)
Prairie Warbler
BCC Rangewide (CON)
Red-headed
Woodpecker
BCC Rangewide (CON)
Rusty Blackbird
BCC Rangewide (CON)
Wood Thrush
BCC Rangewide (CON)
Yellow-bellied
Sapsucker
BCC - BCR
Additional information can be found using the following links:
▪Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
no data survey effort breeding season probability of presence
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▪Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance/
conservation-measures.php
▪Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/
management/nationwidestandardconservationmeasures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the counties which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the E-bird Explore Data Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
03/12/2018 Event Code: 04EN1000-2018-E-00612 6
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The The Cornell
Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird
of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird entry on your
migratory bird species list indicates a breeding season, it is probable that the bird breeds in your
project's counties at some point within the timeframe specified. If "Breeds elsewhere" is
indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1."BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2."BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3."Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non-eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
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What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the BGEPA should such impacts occur.
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Wetlands
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.
THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.