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HomeMy WebLinkAbout20190924 Ver 1_17BP.10.C.9_SelfCertification_Letter_20190620_20190712QP4S�EN7 OF Pic i -� 20 United States Department of the 7 b FISH AND WILDLIFE SERVICE 3.1�a Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: Self -Certification Letter Project Name Dear Applicant: FLE9l1& W 1WM"E Interior 791 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 WI"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; a"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@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 h FYSJi lcVJ)urr. -" United States Department of the Interior ,�x" FISH AND WILDLIFE SERVICE %$ Asheville Ecological Services Field Office 'aRCH 3�,e 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 hap://www.fws.2ov/nc-es/es/couniyfr.html In Reply Refer To: Consultation Code: 04EN1000-2019-SLI-0419 Event Code: 04EN1000-2019-E-01082 Project Name: TIP No. 1713P.10.C.9 June 20, 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 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 etseq.). 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 htlps://www.fws.gov/asheville/htmls/Troject review/Recommendations.html Optimal Survey Times for Federally Listed Plants htlps://www.fws.gov/nc-es/Tlggt/plant survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmis/project_review/NLEB_in WNC.html Predictive Habitat Model for Aquatic Species htlps://www.fws.gov/asheville/htmls/Maxent/Maxent.html 06/20/2019 Event Code: 04EN1000-2019-E-01082 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-library/pdf/TOC-GLO 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 hns://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:// 06/20/2019 Event Code: 04EN1000-2019-E-01082 www.fws. og v/mi rg atorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws. og v/mi rg atorybirds/CurrentBirdlssues/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 06/20/2019 Event Code: 04EN1000-2019-E-01082 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 06/20/2019 Event Code: 04EN1000-2019-E-01082 Project Summary Consultation Code: 04EN1000-2019-SLI-0419 Event Code: 04EN1000-2019-E-01082 Project Name: TIP No. 1713P.10.C.9 Project Type: BRIDGE CONSTRUCTION / MAINTENANCE Project Description: Replacement of Bridge No. 121 over Brown Creek on SR 1230 (Meltonville Church Road) in Anson County, TIP 1713P.10.C.9. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.aooale.com/maps/place/34.88125081813586N80.30167461985556W Counties: Anson, NC 2 [on. MYKIIHPO Event Code: 04EN1000-2019-E-01082 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. Birds NAME Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws. oe v/ecp/species/7614 Clams NAME Carolina Heelsplitter Lasmigona decorata There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: htips:Hecos.fws. og v/ecp/species/3534 Flowering Plants NAME Schweinitz's Sunflower Helianthus schweinitzii No critical habitat has been designated for this species. Species profile: hiips:Hecos.fws. og v/ecp/species/3849 STATUS Endangered STATUS Endangered STATUS Endangered 06/20/2019 Event Code: 04EN1000-2019-E-01082 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 06/20/2019 Event Code: 04EN1000-2019-E-01082 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Acts. 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 exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping 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 Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. hUs://ecos.fws. og v/ecp/species/1626 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 06/20/2019 Event Code: 04EN1000-2019-E-01082 2 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 1 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 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: 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 (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the IOkm 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 Surveys from only the last 10 years are used in order 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. 06/20/2019 Event Code: 04EN1000-2019-E-01082 ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Vulnerable IN-0-0-�11 11111111111111111111 ---- —III hEME NOME Non -BCC Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.govibirds/management/managed-species/ birds-of-conservation-concem.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ mana eg ment/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fvvs. og v/mi rg atoj3 birds/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 1 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 (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. 06/20/2019 Event Code: 04EN1000-2019-E-01082 4 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 AKN Phenology 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 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 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 06/20/2019 Event Code: 04EN1000-2019-E-01082 5 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 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. 06/20/2019 Event Code: 04EN1000-2019-E-01082 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. FRESHWATER FORESTED/SHRUB WETLAND • PFOlA RIVERINE • R2UBH • R4SBC Species Conclusions Table Project Name: TIP 17BP.10.C.9 Date: 06/20/2019 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Red -cockaded Woodpecker (Picoides borealis) No suitable habitat present. No effect. Field survey confirmation, 11/01/18. No suitable nesting trees, foraging trees, or candling observed. Carolina Heelsplitter (Lasmigona decorate) Potential habitat present and no current survey conducted May effect NCDOT to conduct survey. Survey requested 12/17/18. Schweinitz's Sunflower (Helianthus schweinitzii) Suitable habitat present, species not present Not likely to adversely affect. Field visit confirmation, 11/01/18. Please see attached descriptions for additional information regarding field survey. Critical Habitat No critical habitat present No effect. Bald eagle (Haliaeetus leucocephalus) Unlikely to disturb nesting bald eagles No Eagle Act Permit required Field visit confirmation, 11/01/18. No habitat exists within the study area 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. 6/20/19 Signature /Title Date F�2 hdrinc.com December 20, 2018 MEMORANDUM TO: File FROM: Sara Easterly, Senior Environmental Scientist, HDR SUBJECT: T&E Species Survey FEDERALLY PROTECTED SPECIES As of June 27, 2018, the United States Fish and Wildlife Service (USFWS) lists four federally protected species for Anson County (Table 5). A brief description of the species' habitat requirements follows, along with the Biological Conclusion rendered based on survey results in the study area. Table 5. Federally protected species listed for Forsyth County Scientific Name Common Name Federal Habitat Biological Status Present Conclusion Haliaeetus Bald eagle BGPA No No Effect leucocephalus Helianthus schweinitzii Schweinitz's sunflower E Yes Unresolved Lasmigona decorata Carolina heelsplitter E Yes Unresolved Picoides borealis Red -cockaded E No No Effect woodpecker BGPA - Bald and Golden Eagle Protection Act. T — Threatened E - Endangered Schweinitz's sunflower 555 Fayetteville Street, Suite 900 Raleigh, NC 27601 F)R hdrinc.com USFWS Recommended Survey Window: late August -October Habitat Description: Schweinitz's sunflower, endemic to the Piedmont of North and South Carolina. The few sites where this rhizomatous perennial herb occurs in relatively natural vegetation are found in Xeric Hardpan Forests. The species is also found along roadside rights -of -way, maintained power lines and other utility rights -of -way, edges of thickets and old pastures, clearings and edges of upland oak -pine -hickory woods and Piedmont longleaf pine forests, and other sunny or semi -sunny habitats where disturbances (e.g., mowing, clearing, grazing, blow downs, storms, frequent fire) help create open or partially open areas for sunlight. It is intolerant of full shade and excessive competition from other vegetation. Schweinitz's sunflower occurs in a variety of soil series, including Badin, Cecil, Cid, Enon, Gaston, Georgeville, Iredell, Mecklenburg, Misenheimer, Secrest, Tatum, Uwharrie, and Zion, among others. It is generally found growing on shallow sandy soils with high gravel content; shallow, poor, clayey hardpans; or shallow rocky soils, especially those derived from mafic rocks. Biological Conclusion: Unresolved Habitat is present in the study area along the roadsides and the edges of fields. However, the survey was conducted on November 1, 2018 (one day outside of the optimal survey window). Therefore, a survey inside the USFWS recommended window (late August — October) will need to be completed. Carolina heelsplitter USFWS Optimal Survey Window: year round Habitat Description: The Carolina heelsplitter was historically known from several locations within the Catawba and Pee Dee River systems in North Carolina and the Pee Dee and Savannah River systems, and possibly the Saluda River system in South Carolina. In North Carolina, the species is now known only from a handful of streams in the Pee Dee and Catawba River systems. The species exists in very low abundances, usually within 6 feet of shorelines, throughout its known range. The general habitat requirements for the Carolina heelsplitter are shaded areas in large rivers to small 555 Fayetteville Street, Suite 900 Raleigh, NC 27601 F)R streams, often burrowed into clay banks between the root systems of trees, or in runs along steep banks with moderate current. The more recent habitat where the Carolina heelsplitter has been found is in sections of streams containing bedrock with perpendicular crevices filled with sand and gravel, and with wide riparian buffers. Biological Conclusion: Unresolved Habitat for the Carolina heelsplitter exists in Brown Creek. NCDOT biologists will conduct a mussel survey for the Carolina heelsplitter. Red -cockaded woodpecker USFWS Optimal 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 Areas of suitable habitat for the red -cockaded woodpecker do not exist within the study area. Forests in the study area are comprised primarily of hardwoods with only the occasional pine. A review of North Carolina Natural Heritage Program (NCNHP) records, updated October 2018, indicated no active clusters within 1.0 mile of the study area. Therefore, the biological conclusion is No Effect. Bald Eagle and Golden Eagle Protection Act Habitat for the American 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. hdrinc.com 555 Fayetteville Street, Suite 900 Raleigh, NC 27601 F)R hdrinc.com As of November 1, 2018, no water bodies large enough or sufficiently open to be considered potential feeding sources were identified using the latest aerials. Since there was no foraging habitat within the review area, a survey of the project study area and the area within 660 feet of the project limits was not conducted. Additionally, a review of the NCNHP database revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the lack of nesting, known occurrences, and minimal impact anticipated for this project, it has been determined that this project will not affect this species. 555 Fayetteville Street, Suite 900 Raleigh, NC 27601 ■ ■■■ Roy Cooper, Governor 1® ® NC DEPARTMENT CAE Susi Hamilton. Secretary no on NATURAL AND CULTURAL RESOURCES ■ ■ °� Walter Clark, Director, Land and Water Stewardship NCNHDE-9308 June 18, 2019 Jessica Tisdale HDR 555 Fayetteville Street Raleigh, INC 27601 RE: TIP No. 17BP.10.C.9 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.gov/offices/Directory/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.butlerC ncdcr.aov or 919-707-8603. Sincerely, INC Natural Heritage Program t)EPARTMCNT OF NATURAL AND CULTUPAL RESOURCES r. PA.LEP,.H.N( 271E:iO3 lf5j MAIL $[I b+IC:� C-E�+JT£R, H rP: 1 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area TIP No. 17BP,10.C.9 June 18, 2019 NCNHDE-9308 Element Occurrences Documented Within Project Area Taxonomic EO ID Scientific Namelff Common Name Lase Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank 6- 1 Date Rank Freshwater Fish28436 Etheostoma collis Carolina Darter 2016-04-12 E 3-Medium --- 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 httos //ncnhde natureserve orq/content/helo. Data query generated on June 18, 2019; source: NCNHP, Q2 Apr 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 No. 17BP,10.C.9 June 18, 2019 NCNHDE-9308 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common IN °- Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Dragonfly or 33735 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2? Damselfly georgiana Low Rare Freshwater 5670 Lampsilis radiata Eastern Lampmussel 2001-08-14 E 3-Medium --- Threatened G5 S3 Bivalve Freshwater 27816 Villosa delumbis Eastern Creekshell 2001-08-14 E 3-Medium --- Significantly G4 S4 Bivalve Rare Freshwater Fish28436 Etheostoma collis Carolina Darter 2016-04-12 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 https://ncnhde.natureserve.org/content/help. Data query generated on June 18, 2019; source: NCNHP, Q2 Apr 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-9308: TIP No. 1713P.10.C.9 ",'a Sleepy H w. Rp II V_ 1 ( l I I 1 I r a I y°� I W` 1 I d N 1 rw� j�d I` W+L I s ' June 18, 2019 Project Boundary F_j Buffered Project Boundary Page 4 of 4 1:21,479 0 0.175 0.35 0.7 mi 0 0.275 0.55 1.1 km Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NIL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community