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HomeMy WebLinkAbout20190753 Ver 1_USFWS_ConcurrenceRequest_NavahoDrive_Submitted_20190114_201906071151 SE Cary Parkway, Suite 101 ECOLOGICAL Cary, North Carolina 27518 ENGINEERING (919) 557-0929 www.ecologicaleng.com January 14, 2019 To: U.S. Fish and Wildlife Service (via electronic correspondence to Raleigh@fws.gov) RE: Protected Species Assessment Navaho Drive Sidewalk Project Raleigh, Wake County, NC Ecological Engineering, LLP (Ecological Engineering) is under contract with Ramey Kemp to provide natural resources assessments for the proposed Navaho Drive sidewalk project. The proposed sidewalk project utilizes public funds from the City of Raleigh. We have received a species list from USFWS of species and critical habitats that may be present within the project vicinity in Wake County. The following protected species assessment lists the species currently documented to occur in Wake County in the vicinity of the project study area, an assessment of suitable habitat within the study area, and our biological conclusions concerning the impact of the project on each species. We have attached the following information to assist with your review: • Protected Species Assessment including project description, habitat descriptions and proposed biological conclusions for the listed species; • Figures — 0 1. Vicinity Map 0 2. Bald Eagle Habitat Map • Site photographs • Official Species List dated 12/6/2018 • Species Conclusion Table • Self -certification Letter We respectfully request your input, if necessary, regarding our conclusions. Please do not hesitate to contact me at (919) 557-0929 if you have any questions or concerns. Sincerely, ECOLOGICAL ENGINEERING, LLP Heather Smith, LSS Project Scientist cc: Lucas Helms, Ramey Kemp Biological Engineering, LLP Project No. 10518-0',Ci 1 PROTECTED SPECIES ASSESSMENT Navaho Drive Sidewalk Project Raleigh, Wake County, NC PROJECT DESCRIPTION The project proposes to add sidewalk along the north side of approximately 0.30 miles of Navaho Drive in Raleigh, NC. There are no currently proposed impacts to the site stream or the existing pipe.p Please refer to Figure 1 for a vicinity map of the project. FEDERALLY PROTECTED SPECIES Based on the United States Fish and Wildlife Service (USFWS) species list dated December 6, 2018, the USFWS lists four federally protected species which may occur in the vicinity of the project area. Although northern long-eared bat and the bald eagle are not included in the species list, we also include them herein (Table 1). A brief description of each species' habitat requirements follows, along with the biological conclusions rendered based on habitat and survey results in the study area. Habitat requirements for each species are based on the current best available information from referenced literature and/or USFWS. able 1. Federally Protected Species Potentially in Project Vicinity Federal Habitat Biological Scientific Name Common Name '. MF * Status Present Conclusion Myotis septentrionalis Northern long-eared bat Threatened 4(d) Yes May Affect* Haliaeetus leucocephalus Bald eagle BGPA No No Eagle Act Permit Required Rhus michauxii Michaux's sumac Endangered Yes No Effect Alasmidonta heterodon Dwarf wedgemussel Endangered No No Effect Fusconaia masoni Atlantic pigtoe Proposed No No Effect Threatened Red -cockaded Picoides borealis woodpecker Endangered No No Effect * = Relying on 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. BGPA = Bald and Golden Eagle Protection Act Northern long-eared bat USFWS Recommended Survey Window: June 1— August 15 Habitat Description: In North Carolina, the northern long-eared bat (NLEB) occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. Since this species is not known to be a long-distance migrant, and caves and subterranean mines are extremely rare in eastern North Carolina, it is uncertain whether or where NLEB hibernate in eastern North Carolina. During the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically >_3 inches dbh). Males and non -reproductive females may also roost in cooler places, like caves and mines. This bat also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. Biological Conclusion: May Affect Ecological Engineering, LLP Project No. 10518-020 1e 2 A review of NCNHP records dated July 2018 revealed no known occurrences of this species within 1 mile of the project study area. The project has limited suitable habitat for roosting. The few trees within the primarily developed study area are generally > 3 inches in dbh. The project is not within a northern long-eared bat county and does not appear on the USFWS species list dated December 6, 2018. This project is 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. Bald eagle Optimal Survey Window: year round; November— March (optimal to observe birds and nests); February— May (optimal to observe active nesting) Habitat Description: Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. Biological Conclusion: No Eagle Act Permit Required A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was performed in December 2018 using 2017 color aerials. There are no water bodies large enough or sufficiently open to be considered a potential feeding source within this radius; please refer to Figure 2. Because there was no potentially suitable foraging habitat adjacent to the study area, no nest survey was conducted. A review of NC Natural Heritage Program (NCNHP) records dated July 2017 revealed no known occurrences of this species within 1.13 miles of the project study area. The proposed sidewalk project will utilize, to the extent practicable, existing cleared rights -of -way, avoiding tree clearing in those areas. Due to the lack of suitable foraging habitat, the lack of known occurrences, and the minimal impact anticipated for this project, it has been determined that no Eagle Act permit is required. Michaux's sumac USFWS Optimal Survey Window: May -October Habitat Description: Michaux's sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy or rocky, open, upland woods on acidic or circumneutral, well -drained sands or sandy loam soils with low cation exchange capacities. The species is also found on sandy or submesic loamy swales and depressions in the fall line Sandhills region as well as in openings along the rim of Carolina bays; maintained railroad, roadside, power line, and utility rights -of -way; areas where forest canopies have been opened up by blowdowns and/or storm damage; small wildlife food plots; abandoned building sites; under sparse to moderately dense pine or pine/hardwood canopies; and in and along edges of other artificially maintained clearings undergoing natural succession. In the central Piedmont, it occurs on clayey soils derived from mafic rocks. The plant is shade intolerant and, therefore, grows best where disturbance (e.g., mowing, clearing, grazing, and periodic fire) maintains its open habitat. Biological Conclusion: No Effect A desktop-GIS assessment of the project study area was performed in November 2018 using 2017 color aerials. Areas with an open canopy such as utility line and sewer rights -of -way, and road edges were identified as potentially suitable habitat for Michaux's sumac and targeted for field survey. A review of NCNHP records dated July 2018 revealed no known occurrences of this species within 1 mile of the project study area. Visual inspection of the project area determined that suitable habitat is limited to road right-of-ways. Plant -by -plant surveys were conducted within potentially suitable habitat by one biologist on November 7, 2018. Although the survey was performed immediately after the optimal survey window, a known population in Wake County, NC was visited on the day of the survey, prior to performing the survey within the study area. All plants in the known population were observed to be easily identifiable and had not yet lost their leaves for the season. The plant -by -plant survey Ecological Engineering, LLP Project No. 10518-020 Page 3 of 5 of the study area resulted in no specimens of Michaux's sumac observed. Due to the lack of observed specimens, the limited amount of suitable habitat, the lack of known occurrences within 1.0 mile of the study area, and the minimal impact anticipated for this project, it has been determined that this project will not affect this species. Dwarf wedgemussel USFWS Recommended Survey Window: Year-round Habitat Description: In North Carolina, the dwarf wedgemussel is known from the Neuse and Tar River drainages. The mussel inhabits creek and river areas with a slow to moderate current and sand, gravel, or firm silt bottoms. Water in these areas must be well oxygenated. Stream banks in these areas are generally stable with extensive root systems holding soils in place. Biological Conclusion: No Effect The study area is located in the Neuse River basin. NCNHP records dated July 2018 show the closest documented population of the dwarf wedgemussel in the Neuse basin is located approximately 8 river miles downstream of the study area in Crabtree Creek. The record for this population is categorized as "historic". A single perennial stream is located within the project study area. The stream is separated from the known dwarf wedgemussel population by numerous piped reaches, some of which are thousands of feet long. The stream within the study area is an urban stream, approximately 2 feet in width, and contains a significant amount of sediment and riprap. Stormwater runoff from nearby parking lots and roadways is accelerated and carries oil and other pollutants. No fish were documented within the site stream during the site evaluation. The study area stream does not contain suitable habitat for the dwarf wedgemussel. Currently proposed improvements along the project corridor will not impact the site stream. There are no planned bents within the stream or extension of the existing pipe. If the design changes such that pipe extension will be necessary, appropriate sedimentation controls will be utilized to avoid and minimize downstream impacts. Erosion and sedimentation will be controlled using silt fencing along the corridor. If land disturbance is required near a stream, straw wattles and/or temporary rock silt checks may be used to treat water from disturbed areas. Several factors including drainage area, steepness of slope, and site -specific field conditions will dictate the actual device(s) used for sedimentation and erosion control. Due to the lack of habitat and the lack of proposed impacts to the stream associated with the current project design, a mussel survey has not been conducted at this time. Given the nature of the project, the distance from known populations, the low order and degraded condition of the site stream, the avoidance of channel impacts to be employed during project construction, and the proper installation of sediment and erosion controls, we have determined that this project will not affect this species. Atlantic pigtoe USFWS Recommended Survey Window: Year-round Habitat Description: In North Carolina, the Atlantic Pigtoe is known from the Roanoke, Neuse, Tar, Cape Fear, and Yadkin River drainages. The mussel inhabits streams with clear, flowing water. Appropriate substrate consists of silt -free gravel and stable, coarse sand. As with other mussel species, fish hosts are required for reproduction. Biological Conclusion: No Effect The study area is located in the Neuse River basin. NCNHP records dated July 2018 show the closest documented population of the Atlantic pigtoe is located in Crabtree Creek, approximately 8 river miles upstream from the Ecological Engineering, LLP Project No. 10518-020 Page 4 of 5 confluence of the study area stream and Crabtree Creek. No occurrences downstream of the study area stream are documented for over 70 river miles. A single perennial stream is located within the project study area. The stream is separated from the known Atlantic pigtoe population by numerous piped reaches, some of which are thousands of feet long. The stream within the study area is an urban stream, approximately 2 feet in width, and contains a significant amount of sediment and riprap. Stormwater runoff from nearby parking lots and roadways is accelerated and carries oil and other pollutants. No fish were documented within the site stream during the site evaluation. The study area stream does not contain suitable habitat for the Atlantic pigtoe. Currently proposed improvements along the project corridor will not impact the site stream. There are no planned bents within the stream or extension of the existing pipe. If the design changes such that pipe extension will be necessary, appropriate sedimentation controls will be utilized to avoid and minimize downstream impacts. Erosion and sedimentation will be controlled using silt fencing along the corridor. If land disturbance is required near a stream, straw wattles and/or temporary rock silt checks may be used to treat water from disturbed areas. Several factors including drainage area, steepness of slope, and site -specific field conditions will dictate the actual device(s) used for sedimentation and erosion control. Due to the lack of habitat and the lack of proposed impacts to the stream associated with the current project design, a mussel survey has not been conducted at this time. Given the nature of the project, the distance from known populations, the low order and degraded condition of the site stream, and the avoidance of channel impacts to be employed during project construction, and the proper installation of sediment and erosion controls, we have determined that this project will not affect this species. Red -cockaded woodpecker USFWS Recommended Survey Window: year round; November -early March (optimal) Habitat Description: The red -cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting/roosting habitat. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat. The foraging range of the RCW is normally no more than 0.5 miles. Biological Conclusion: No Effect A desktop-GIS assessment of the project study area was performed in November 2018 using 2017 color aerials. The study area and the area within 0.5 mile of the study area consists of residential, commercial, and industrial development and major roadways. A field survey of the study area conducted on November 7, 2018 verified the absence of suitable habitat in and around the study area. Although loblolly pine trees do occur in the site vicinity, no foraging habitat is present due to the overall urban character of the area. Additionally, a review of NCNHP records dated July 2018 revealed no known occurrences of this species within 1 mile of the project study area. The closest historical/extirpated RCW record to the study area is approximately 10 miles away. The closest current record is approximately 31 miles away. Due to the absence of suitable habitat, the apparent extirpation of RCWs from the surrounding area, and the minimal impact anticipated for this project, we have determined that this project will not affect this species. Ecological Engineering, LLP Project No. 10518-020 Page 5 of 5 PROTECTED SPECIES ASSESSMENT Navaho Drive Sidewalk Project Raleigh, Wake County, NC PROJECT DESCRIPTION The project proposes to add sidewalk along the north side of approximately 0.30 miles of Navaho Drive in Raleigh, NC. There are no currently proposed impacts to the site stream or the existing pipe.p Please refer to Figure 1 for a vicinity map of the project. FEDERALLY PROTECTED SPECIES Based on the United States Fish and Wildlife Service (USFWS) species list dated December 6, 2018, the USFWS lists four federally protected species which may occur in the vicinity of the project area. Although northern long-eared bat and the bald eagle are not included in the species list, we also include them herein (Table 1). A brief description of each species' habitat requirements follows, along with the biological conclusions rendered based on habitat and survey results in the study area. Habitat requirements for each species are based on the current best available information from referenced literature and/or USFWS. able 1. Federally Protected Species Potentially in Project Vicinity Scientific Name WF Myotis septentrionalis Common Name N Northern long-eared bat Federal ,, Status Threatened 4(d) Habitat Present Yes Biological Conclusion May Affect* Halioeetus leucocephalus Bald eagle BGPA No No Eagle Act Permit Required Rhus michauxii Michaux's sumac Endangered Yes No Effect Alasmidonta heterodon Dwarf wedgemussel Endangered No No Effect Fusconaia masoni Atlantic pigtoe Proposed No No Effect Threatened Red -cockaded Picoides borealis woodpecker Endangered No No Effect * = Relying on 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. BGPA = Bald and Golden Eagle Protection Act Northern long-eared bat USFWS Recommended Survey Window: June 1—August 15 Habitat Description: In North Carolina, the northern long-eared bat (NLEB) occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. Since this species is not known to be a long-distance migrant, and caves and subterranean mines are extremely rare in eastern North Carolina, it is uncertain whether or where NLEB hibernate in eastern North Carolina. During the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically >_3 inches dbh). Males and non -reproductive females may also roost in cooler places, like caves and mines. This bat also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. Biological Conclusion: May Affect Ecological Engineering, LLP Project No. 10518-020 1e 2 i A review of NCNHP records dated July 2018 revealed no known occurrences of this species within 1 mile of the project study area. The project has limited suitable habitat for roosting. The few trees within the primarily developed study area are generally > 3 inches in dbh. The project is not within a northern long-eared bat county and does not appear on the USFWS species list dated December 6, 2018. This project is 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. Bald eagle Optimal Survey Window: year round; November— March (optimal to observe birds and nests); February— May (optimal to observe active nesting) Habitat Description: Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. Biological Conclusion: No Eagle Act Permit Required A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was performed in December 2018 using 2017 color aerials. There are no water bodies large enough or sufficiently open to be considered a potential feeding source within this radius; please refer to Figure 2. Because there was no potentially suitable foraging habitat adjacent to the study area, no nest survey was conducted. A review of NC Natural Heritage Program (NCNHP) records dated July 2017 revealed no known occurrences of this species within 1.13 miles of the project study area. The proposed sidewalk project will utilize, to the extent practicable, existing cleared rights -of -way, avoiding tree clearing in those areas. Due to the lack of suitable foraging habitat, the lack of known occurrences, and the minimal impact anticipated for this project, it has been determined that no Eagle Act permit is required. Michaux's sumac USFWS Optimal Survey Window: May -October Habitat Description: Michaux's sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy or rocky, open, upland woods on acidic or circumneutral, well -drained sands or sandy loam soils with low cation exchange capacities. The species is also found on sandy or submesic loamy swales and depressions in the fall line Sandhills region as well as in openings along the rim of Carolina bays; maintained railroad, roadside, power line, and utility rights -of -way; areas where forest canopies have been opened up by blowdowns and/or storm damage; small wildlife food plots; abandoned building sites; under sparse to moderately dense pine or pine/hardwood canopies; and in and along edges of other artificially maintained clearings undergoing natural succession. In the central Piedmont, it occurs on clayey soils derived from mafic rocks. The plant is shade intolerant and, therefore, grows best where disturbance (e.g., mowing, clearing, grazing, and periodic fire) maintains its open habitat. Biological Conclusion: No Effect A desktop-GIS assessment of the project study area was performed in November 2018 using 2017 color aerials. Areas with an open canopy such as utility line and sewer rights -of -way, and road edges were identified as potentially suitable habitat for Michaux's sumac and targeted for field survey. A review of NCNHP records dated July 2018 revealed no known occurrences of this species within 1 mile of the project study area. Visual inspection of the project area determined that suitable habitat is limited to road right-of-ways. Plant -by -plant surveys were conducted within potentially suitable habitat by one biologist on November 7, 2018. Although the survey was performed immediately after the optimal survey window, a known population in Wake County, NC was visited on the day of the survey, prior to performing the survey within the study area. All plants in the known population were observed to be easily identifiable and had not yet lost their leaves for the season. The plant -by -plant survey Ecological Engineering, LLP Project No. 10518-020 Page 3 of 5 of the study area resulted in no specimens of Michaux's sumac observed. Due to the lack of observed specimens, the limited amount of suitable habitat, the lack of known occurrences within 1.0 mile of the study area, and the minimal impact anticipated for this project, it has been determined that this project will not affect this species. Dwarf wedgemussel USFWS Recommended Survey Window: Year-round Habitat Description: In North Carolina, the dwarf wedgemussel is known from the Neuse and Tar River drainages. The mussel inhabits creek and river areas with a slow to moderate current and sand, gravel, or firm silt bottoms. Water in these areas must be well oxygenated. Stream banks in these areas are generally stable with extensive root systems holding soils in place. Biological Conclusion: No Effect The study area is located in the Neuse River basin. NCNHP records dated July 2018 show the closest documented population of the dwarf wedgemussel in the Neuse basin is located approximately 8 river miles downstream of the study area in Crabtree Creek. The record for this population is categorized as "historic". A single perennial stream is located within the project study area. The stream is separated from the known dwarf wedgemussel population by numerous piped reaches, some of which are thousands of feet long. The stream within the study area is an urban stream, approximately 2 feet in width, and contains a significant amount of sediment and riprap. Stormwater runoff from nearby parking lots and roadways is accelerated and carries oil and other pollutants. No fish were documented within the site stream during the site evaluation. The study area stream does not contain suitable habitat for the dwarf wedgemussel. Currently proposed improvements along the project corridor will not impact the site stream. There are no planned bents within the stream or extension of the existing pipe. If the design changes such that pipe extension will be necessary, appropriate sedimentation controls will be utilized to avoid and minimize downstream impacts. Erosion and sedimentation will be controlled using silt fencing along the corridor. If land disturbance is required near a stream, straw wattles and/or temporary rock silt checks may be used to treat water from disturbed areas. Several factors including drainage area, steepness of slope, and site -specific field conditions will dictate the actual device(s) used for sedimentation and erosion control. Due to the lack of habitat and the lack of proposed impacts to the stream associated with the current project design, a mussel survey has not been conducted at this time. Given the nature of the project, the distance from known populations, the low order and degraded condition of the site stream, the avoidance of channel impacts to be employed during project construction, and the proper installation of sediment and erosion controls, we have determined that this project will not affect this species. Atlantic pigtoe USFWS Recommended Survey Window: Year-round Habitat Description: In North Carolina, the Atlantic Pigtoe is known from the Roanoke, Neuse, Tar, Cape Fear, and Yadkin River drainages. The mussel inhabits streams with clear, flowing water. Appropriate substrate consists of silt -free gravel and stable, coarse sand. As with other mussel species, fish hosts are required for reproduction. Biological Conclusion: No Effect The study area is located in the Neuse River basin. NCNHP records dated July 2018 show the closest documented population of the Atlantic pigtoe is located in Crabtree Creek, approximately 8 river miles upstream from the Ecological Engineering, LLP Project No. 10518-020 Page 4 of 5 confluence of the study area stream and Crabtree Creek. No occurrences downstream of the study area stream are documented for over 70 river miles. A single perennial stream is located within the project study area. The stream is separated from the known Atlantic pigtoe population by numerous piped reaches, some of which are thousands of feet long. The stream within the study area is an urban stream, approximately 2 feet in width, and contains a significant amount of sediment and riprap. Stormwater runoff from nearby parking lots and roadways is accelerated and carries oil and other pollutants. No fish were documented within the site stream during the site evaluation. The study area stream does not contain suitable habitat for the Atlantic pigtoe. Currently proposed improvements along the project corridor will not impact the site stream. There are no planned bents within the stream or extension of the existing pipe. If the design changes such that pipe extension will be necessary, appropriate sedimentation controls will be utilized to avoid and minimize downstream impacts. Erosion and sedimentation will be controlled using silt fencing along the corridor. If land disturbance is required near a stream, straw wattles and/or temporary rock silt checks may be used to treat water from disturbed areas. Several factors including drainage area, steepness of slope, and site -specific field conditions will dictate the actual device(s) used for sedimentation and erosion control. Due to the lack of habitat and the lack of proposed impacts to the stream associated with the current project design, a mussel survey has not been conducted at this time. Given the nature of the project, the distance from known populations, the low order and degraded condition of the site stream, and the avoidance of channel impacts to be employed during project construction, and the proper installation of sediment and erosion controls, we have determined that this project will not affect this species. Red -cockaded woodpecker USFWS Recommended Survey Window: year round; November -early March (optimal) Habitat Description: The red -cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting/roosting habitat. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat. The foraging range of the RCW is normally no more than 0.5 miles. Biological Conclusion: No Effect A desktop-GIS assessment of the project study area was performed in November 2018 using 2017 color aerials. The study area and the area within 0.5 mile of the study area consists of residential, commercial, and industrial development and major roadways. A field survey of the study area conducted on November 7, 2018 verified the absence of suitable habitat in and around the study area. Although loblolly pine trees do occur in the site vicinity, no foraging habitat is present due to the overall urban character of the area. Additionally, a review of NCNHP records dated July 2018 revealed no known occurrences of this species within 1 mile of the project study area. The closest historical/extirpated RCW record to the study area is approximately 10 miles away. The closest current record is approximately 31 miles away. Due to the absence of suitable habitat, the apparent extirpation of RCWs from the surrounding area, and the minimal impact anticipated for this project, we have determined that this project will not affect this species. Ecological Engineering, LLP Project No. 10518-020 Page 5 of 5 e e's KLAND 0 (D , `O Greenwoo /' .Farms �4 d� �r S pR MJ themcrest Par] f 0� IN C] v c41 H0�G ��[L C__ FS STD-. `11f Legend ST Study Area Northside Zdp ?°° -`~ kl Prepared By: N USGS Topographic Map {n Navaho Dr. Sidewalk Project W+E Figure 1 Raleigh, NC ���VVVS ECOLOGICAL December 2018 0 1,000 2,000 ENGINEERING 2013 USGS Quadrangles 1151 S2 Cary lla k..W,, suite 101 " Cary NC Ti 518 g Raleigh East & Raleigh West 1" = 2,000' r,"� � �� '..�;� �g N � n4 f' � •'gra � hi 4nf � rma4i � n Navaho Drive Sidewalk Project Site Photographs taken 11/7/2018 Known Wake Co. population of Michaux's sumac, easily IUCIIIIIId UIC UII UdV UI Known Wake Co. population of Michaux's sumac, easily Site stream — low order perennial, no fish, significant Site stream — low order perennial, no fish, significant sediment and riprap, sewer crossing, adjacent parking sediment and riprap, sewer crossing, adjacent parking lot, not mussel habitat lot, not mussel habitat Typical habitat surveyed for Michaux's sumac, none observed Typical photo of very small pine stands and surrounding developed area, not RCW habitat ['.N. }1.411 k %116.1-1 J73. United States Department of the Interior I11VI" K 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: December 06, 2018 Consultation Code: 04EN2000-2019-SLI-0198 Event Code: 04EN2000-2019-E-00454 Project Name: Navaho Drive Sidewalk Project 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 species' life histories and habitats and information on completing a biological assessment or 12/06/2018 Event Code: 04EN2000-2019-E-00454 2 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/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/mi rg atoiybirds/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 that you submit to our office. If you have any questions or comments, please contact John Ellis of this office atjohn—ellis@fws.gov. i 11DING 974ii[iZ. oMOMMONKiIIIIIKiSL13:9il0iIt'! Attachment(s): • Official Species List 12/06/2018 Event Code: 04EN2000-2019-E-00454 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 12/06/2018 Event Code: 04EN2000-2019-E-00454 2 Project Summary Consultation Code: 04EN2000-2019-SLI-0198 Event Code: 04EN2000-2019-E-00454 Project Name: Navaho Drive Sidewalk Project Project Type: TRANSPORTATION Project Description: City of Raleigh project to install sidewalk along a portion of Navaho Drive in Raleigh, NC. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. og_ogle.com/mgps/place/35.82450322143811N78.6183151310149W L` `� C' U L IT q,C: re IiA 1"r ail Counties: Wake, NC 12/06/2018 Event Code: 04EN2000-2019-E-00454 3 Endangered Species Act Species There is a total of 4 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. Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws. oe v/ecp/species/7614 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Proposed No critical habitat has been designated for this species. Threatened Species profile: htips:Hecos.fws. og v/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: htips:Hecos.fws. og v/ecp/species/784 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: htips:Hecos.fws. og v/ecp/species/5217 12/06/2018 Event Code: 04EN2000-2019-E-00454 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Species Conclusions Table Project Name: Navaho Drive Sidewalk Project Date: December 6, 2018 Species / Resource Name Conclusion ESA Section 7 / Notes / Documentation Eagle Act Determination Bald eagle Unlikely to disturb No eagle act No NCNHP records or suitable habitat within 1.13 miles. 2017 orthophoto used to look for Haliaeetus leucocephalus nesting bald eagles permit required potential foraging water bodies. No nesting habitat in site vicinity. Michaux's sumac Suitable habitat Plant -by -plant survey conducted by qualified observer on Nov. 7, 2018 after verifying another Rhus michauxii present, species not No Effect Wake Co. population was still easily identifiable with leaves on. No specimens found in study resent area. No NCNHP records within 1 mile. No NCNHP records within 1 mile. Surrounding area within 'h mile consists primarily of Red -cockaded woodpecker No suitable habitat No Effect residential, commercial, and industrial development and roadways. No pine stands exist Picoides borealis present other than small, fragmented loblolly pines adjacent to development, not contiguous with other forested areas. No NCNHP records within 1 mile. There is a known historic population approximately 8 miles Dwarf wedgemussel No suitable habitat downstream. The Project and the known population are separated by numerous piped Alasmidonta heterodon present. No Effect reaches through an urban watershed, some of which are thousands of feet long. The urban stream on the project area is approximately 2 feet wide, contains significant amounts of sediment and ri ra , and does not contain suitable habitat for DWM. No NCNHP records within 1 mile. There is a known historic population approximately 7 miles upstream from the confluence of the site stream and Crabtree Creek, but there are no Atlantic pigtoe No suitable habitat documented occurrences for over 70 river miles in a receiving water from the study area. Fusconaia masoni present. No Effect The Project and the known downstream population are separated by numerous piped reaches through an urban watershed, some of which are thousands of feet long. The urban stream on the project area is approximately 2 feet wide, contains significant amounts of sediment and ri ra , and does not contain suitable habitat for this species. Critical habitat No critical habitat No Effect N/A present Relying on the findings of the 115/2016 Programmatic Biological Opinion for Final 4(d) Rule Northern long-eared bat Habitat present May Affect 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. 12/6/2018 Signature /Title Date �FNT OFTy� Fifr lakWI "tiys United States Department of the Interiorrw FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 2018-12-06 Self -Certification Letter Project Name Navaho Drive Sidewalk 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: "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. 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 Raleighgfws.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