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HomeMy WebLinkAbout20190414 Ver 1_17BP.10.R.118_Self_Certification_Package_032819_20190404�F United 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: 04EN1000-2019-SLI-0239 Event Code: 04EN1000-2019-E-00638 Project Name: TIP Project 17BP.10.R.118 e ..e. o- �xi i h u ee.i �� �rt: �rin'a'R �� � � March 28, 2019 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 andlor 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.�ov/ralei h�/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 htt�s://www. fws.gov/asheville/htmis/proj ect_review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www. fws.�ov/nc-es/plant/�lant_survey.html Northern long-eared bat Guidance https://www. fws.gov/asheville/htmis/proj ect_review/NLEB_in_WNC.html Predictive Habitat Model for Aquatic Species httas://www. fws. �ov/asheville/htmis/Maxent/Maxent.html 03/28/2019 Event Code: 04EN1000-2019-E-00638 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/htmis/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-librar�pdf/TOGGLO S. 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:// 03/28/2019 Event Code: 04EN1000-2019-E-00638 3 www.fws. og v/mi rg atorvbirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws. o� v/migratorvbirds/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 03/28/2019 Event Code: 04EN1000-2019-E-00638 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 03/28/2019 Event Code: 04EN1000-2019-E-00638 2 Project Summary Consultation Code: 04EN1000-2019-SLI-0239 Event Code: 04EN1000-2019-E-00638 Project Name: TIP Project 17BP.10.R.118 Project Type: TRANSPORTATION Project Description: Replace Bridge #358 Buford Shortcut Rd over Adams Branch Union County Project Location: Approximate location of the project can be viewed in Google Maps: htt�s:// www. o�o�le.com/ma�s/place/34.919042002594026N80.55526260255665W '� I � � �. ti,�, , . . -:" _ _- � � � . �.� Counties: Union, NC 03/28/2019 Event Code: 04EN1000-2019-E-00638 3 Endangered Species Act Species There is a total of 3 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. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, 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. 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. Clams NAME Carolina Heelsplitter Lasmigona decorata There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws. oe v/ecp/species/3534 Flowering Plants NAME Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https://ecos.fws. og v/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: https://ecos.fws. og v/ecp/species/3849 Critical habitats STATUS Endangered STATUS Endangered Endangered THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFFICE'S JURISDICTION. 03/28/2019 Event Code: 04EN1000-2019-E-00638 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Actl 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 below. 1. The Mi r� atory 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 exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data ma�ing tool (Tip: enter your location, desired date range and a species on your list). 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, including how to properly interpret and use your migratory bird report, 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 Blue-winged Warbler Vermivora pinus Breeds May 1 to Jun This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation 30 Regions (BCRs) in the continental USA Prairie Warbler Dendroica discolor Breeds May 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31 USA and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 31 USA and Alaska. 03/28/2019 Event Code: 04EN1000-2019-E-00638 2 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 and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (�) Each green bar represents the bird's relative probability of presence in the l Okm grid cell(s) your project overlaps 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 scare. 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: 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. Far 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 (I) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the lOkm grid cell(s) your project area overlaps. 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 03/28/2019 Event Code: 04EN1000-2019-E-00638 3 Surveys from only the last 10 years are used in arder to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Blue-winged I I'� III I��I � I�I�I �I I�II �II-E III� I Warbler I I I I I I I I� I I I I • I• BCC-BCR Prairie Warbler i i � i I�' � I I I� I � � I ��� I ' I� I I� i i ��-++ �--�--f I � I I--i- I I I � I-�� BCC Rangewide (CON) wood Thrush i i � i I�� � I I I i I � � I �� i I � I� I �� i� � I�� I �- I- I � I f �- I I I � I•�• BCC Rangewide (CON) Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/mana�ement/managed-s�ecies/ birds-of-conservation-concern.ph� • Measures for avoiding and minimizing impacts to birds htt�://www.fws.gov/birds/ mana ement/project-assessment-tools-and-guidance/ c onservation-measures.ph� • Nationwide conservation measures for birds http://www.fws. o� v/mi r'e a�torvbirds/pdf/ mana�ement/nationwidestandardconservationmeasures.�df 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 U0T1111tS 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. 03/28/2019 Event Code: 04EN1000-2019-E-00638 4 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 surveX, bandin�, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the l Okm grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Ea lg e 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 Knowled�e Network (AKN�. This data is derived from a growing collection of surveX, 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 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 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 on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present 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 Ea lg e Act requirements (far eagles) ar(far non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). 03/28/2019 Event Code: 04EN1000-2019-E-00638 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 Ma�ing 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 StudX and the nanota� studies or contact Caleb Spie�el or Pam Lorin�. 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 Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 03/28/2019 Event Code: 04EN1000-2019-E-00638 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. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE • R2UBH � R4SBC ■ ■�■ Roy Co4pe�. GQ�+ernor �� • NC DEPARTMENT �F Susi Hamilton. Secrekary ■■ ■■ NA7URAL AND CUL7URAL RESOURCES ��� Walter Clark, []irector, Lan� and Water 5tewarc#ship NCNHDE-8573 March 28. 2019 Jessica Tisdale HDR 555 Fayetteville Street Raleigh, NC 27601 RE: TIP Project 17BP.10.R.118 Dear Jessica Tisdale: 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, and/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. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is documented within the project area or indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.aov/offices/Directorv/ListOffices.cfm?statecode=37. 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, Registered Heritage Area, Clean Water Management Trust Fund 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.cov or 919-707-8603. Sincerely, NC Natural Heritage Program :j-�}pEl?�',iF�..�. .�� �;P"4l:y;kl :.`JI' .. ? f� �.>'t. i-�FS',;?:,.-.::k.`S q � i ` I � ,. . . f,� , . � I � . � �I�:_ �.Pl I I_� . , . � �.. . ♦ I l�.,� y . . Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area TIP Project 17BP.10.R.118 March 28, 2019 NCNHDE-8573 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 Freshwater Fish29406 Etheostoma collis Carolina Darter 2001-04-11 E 3-Medlum -- Special G3 S3 Concern No Natural Areas are Documented within the Project Area 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 March 28, 2019; source: NCNHP, Ql Jan 2019. 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 TIP Project 17BP.10.R.118 March 28, 2019 NCNHDE-8573 Element Occurrences Documented Within a One-mile Radius of the 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 Freshwater Fish29406 Etheostoma collis Carolina Darter 2001-04-11 E 3-Medium -- Special G3 S3 Concern 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 httas://ncnhde natureserve.org/content/hel�. Data query generated on March 28, 2019; source: NCNHP, Ql Jan 2019. 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-8573: TIP Project 17BP.10.R.118 Sources Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisslopo, �O OpenSheelMap conlributors, and the GIS Urer Community Page 4 of 4 March 28, 2019 1:21,064 � Project Boundary o 0.��5 0.35 0.� mi � Buffered Project Boundary o o.z�s o.ss 1.1 km Species Conclusions Table Project Name: TIP Project 17BP.10.R.118 Date: 3/28/19 Species / Resource Name Conclusion ESA Section 7/ Ea le Act Determination Notes / Documentation Bald eagle (Haliaeetus Unlikely to disturb nesting No Eagle Act Permit required No habitat exists within the study area leucocephalus) bald eagles Carolina heelsplitter Potential habitat present May affect Species survey requested (Lasmigona decorate) and no current survey conducted Michaux's sumac (Rhus Potential habitat present May affect Survey needed within species optimal michauxii) and no current survey survey window conducted Schweinitz's sunflower Potential habitat present May affect Survey needed within species optimal (Helianthus schweinitzii) and no current survey survey window conducted Critical Habitat No critical habitat present No effect Union County has no "Critical Habitat" designated areas Northern long-eared bat Suitable habitat present May affect Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the Northern Long-Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project-specific section 7 responsibilities. 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 3/28/19 Date t�ENT OF T� Q�� � �-j " � � q� . - �- 2M � -��� � 7 t b ,, A �4p�N 3.R��a United States Department of the FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 3�28�2� � 9 Self-Certification Letter ProjectNameTIP Project 17BP.10.R.118 Dear Applicant: i�.s siSEi & ivn,n�ir•� yr:kv�[.H• Interi+or ��� � .� , 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: �"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 Fina14(d) Rule on the Northern long-eared bat; �"no Eagle Act permit required" determinations for eagles. 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(c�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