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HomeMy WebLinkAbout20220331_9_TE_StudyN... Attachment 9 Threatened and Endangered Species Assessment RECEIVED MAR 3 1 1011 LAND QUALITY MINING PROGRAM u MEMO i /aRC/aDIS C:—oitany for natural and builtaseets Arcadia G&M of North Carolina, Inc. To: Copies: 1 Centerview Drive Chris Bucy — Buechel Stone Chris Peters - Arcadis suite 208 Corporation Greensboro North Carolina 28277 Tel 336 292 2271 From: Ron Johnson, PWS ARCADIS G&M of North Carolina, Inc. NC Engineering License # C-1869 Date: Arcedis Project No.: NC Surveying License # C-1669 March 18,2022 30105159 Subject: Rare, Threated, and Endangered Species Habitat Review Buechel Stone Corporation — Steel Gray Mine, Spruce Pine, North Carolina This Rare, Threatened, and Endangered Species (RTE) Memo summarizes the results of a habitat assessment for RTE species conducted on February 25, 2022, by Arcadis G&M of North Carolina, Inc. (Arcadis) on behalf of Buechel Stone Corporation (Buechel) for the Steel Gray Mine Permit Modification Application Project (Project) in Spruce Pine, Mitchell County, North Carolina (Attachment 1, Figure 1). The survey was focused on an approximate 12-acre area north of Altapass Highway (Attachment 1, Figure 1). The purpose of this delineation was to assess the presence or absence of potential RTE habitat that may be impacted by the proposed Project. The habitat assessment was completed in response to the December 21, 2021 request from the North Carolina Department of Environmental Quality (NCDEQ). L:7_5�73�iDP17I�13i]3iTili[iL` Prior to conducting the Habitat Assessment, Arcadis reviewed the following resources to identify the potential locations and extent of caves and portals within the Project area: United States Geological Survey (USGS) topographic map, Spruce Pine, NC (USGS, 1994). Aerial Photography (Google Earth, 2022). The USGS topographic data, which identify intermittent and perennial streams, do not show mapped streams north of the North Toe River within the environmental survey area. I: tPmject130105159 - 6SC Due Ridge Quarries NOW 1 draft reports and presereationsVermlt app revision 2022 02\T and E spades evaluetionXThreatened and Endangered Species Habitat Assessment Memo 20220318.doa Page: 1/3 ALI:18Le] A review of 2022 aerial photography (Google Earth, 2022) of the Project area (Attachment 1, Figure 1) shows that the surrounding land use is predominantly rural residential and agricultural with the survey area being an active stone mine. METHODOLOGY AND SURVEY RESULTS Vegetative Communities The environmental survey area comprises early to mid -successional forest and a floodplain field within an existing stone mine. While most of the mined areas are cleared, the early to mid -successional forest canopy community was dominated by sycamore (Platanus occidentalis), white oak (Quercus alba), sweetgum (Liquidambar styraciflua), eastern hemlock (Tsuga canadensis), and red maple (Acer rubrum). Forest understory was dominated by fescue (Festuca sp.), broomsedge (Andropogon virginicus), blackberry (Rubus argutus), and goldenrod (Solidago canadensis). Representative photographs of the mine and vegetative communities are included in Attachment 3. Locations of the photographs are shown on Attachment 1, Figure 1. RTE Species Comment letters received from the U.S. Fish and Wildlife Service (USFWS) and NCDEQ indicated that two of the RTE species with the potential to occur in the County would require a habitat assessment to determine if there is a potential for these species to occur within the Project area. The NCDEQ stated that the assessment should be conducted for the gray bat (Myotis grisescens -Endangered and Appalachian elktoe %law (Alasmidonta raveneliana)- Endangered) (Attachment 2). OEM The gray bat roosts and hibernates in caves and portals that have specific temperature requirements depending on the time of year. Caves are often deep and include large underground rooms. Based on the site topography and soil types, one would not expect to find suitable winter or summer roosting habitat for the gray bat in the Project area. No openings, passages, or other entrances to underground voids were observed during the habitat assessment, confirming the lack of suitable habitat. Because of the lack of habitat and that the site is an active stone mine that utilized blasting, the Project will have no effect on the gray bat. The Appalachian elktoe is mussel species that prefers relatively shallow, medium-sized creeks and rivers with cool, well -oxygenated and moderate -to fast -flowing water. It has been observed in a variety of substrate types including gravel mixed with cobble and boulders; in cracks in bedrock; and occasionally in relatively silt -free, coarse sand. No streams or rivers are located in the proposed Project area, therefore activities conducted at this site would have no effect on the Appalachian elktoe. CONCLUSION This memo summarizes the results of a RTE habitat assessment review conducted by Arcadis within the environmental survey area at the Steel Gray Mine in Spruce Pine, North Carolina, on February 25, 2022. Arcadis did not identify suitable habitat for the gray bat or the Appalachian elktoe withing the proposed Project area, therefore the Project will have no effect on these species. If you have questions, please feel free to contact me at 704-488-8054, or ron.johnson@arcadis.com. Sincerely, arcadis corn l:Tmjech30105159- BSC Blue Ridge Quanles NOUN 1 draft repats and presentetionmpennit app revision 2022.02U and E spoaes evaluationVhreatened and Endangered Species Habitat Assessment Memo 2022081a doctr Page: 2/3 MEMO ,4111imille Arcadis G&M of North Carolina, Inc. Ron Johnson, PWS Principal Environmental Scientist Attachments: 1 — Figure 1- Buechel Stone Corporation Mine Map with Photo Locations 2 — NCDEQ Letter 3 — Representative Photographs REFERENCES Aerial Photography. 2022. Google Earth United States Geological Survey (USGS). 1994. Spruce Pine. 1:24,000 7.5 Minute Series. Available online at http://store.usgs.gov/b2c—usgs/usgs/maplocator/. Accessed February 2022. arcadis. eom IVrojeR,30105159- &SC B'us Ridge QuaMes NOW 1 draft repots and presentaWnsVeimlt spp revision 2022.021T and E spades mivationVhreatened and Endangered Spades Habitat Assessment Memo 20220318.d= Page: 3/3 `. Attachment 1 Figure 1- Buechel Stone Corporation Mine Map with Photo Locations 0 N N O (0 C l0 U t C 0 Z W z a w U a m w w a d w c9 0 w M J m w z O (1)W w� x� wW >> m W d, i D> g m 0 �a J � U C > N a) O a) N C I� 0 C o0 .. W �0 �O ma CO p I ¢ lil Q Q H dW > J C F- OO 2 J _a m� Attachment 2 NCDEQ Letter ROY COOPER Governor ELIZABETH S. BISER Secretory BRIAN WRENN Director Certified Mail Return Receipt Requested 7016 2140 0000 4367 7505 Chris Bucy Buechel Stone Corporation 7274 Highway 221 North Marion, NC 28752 RE: Steel Gray Mine Mining Permit No. 61-19 Mitchell County French Broad River Basin Dear Mr. Bucy: NORTH CAROLINA Environmental Quality December 21, 2021 We have reviewed the modification and transfer request your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with G.S. §74-50 and §74-51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: This permit is currently issued to Blue Ridge Quarries Inc. Please clarify if the intent of this modification is to also transfer the permit to Buechel Stone Corporation. Part of the transfer process requires that: a. The proposed new permittee must request in writing that the existing permit be transferred and clearly state the new operator's name (company or individual). The proposed new permittee must also indicate that he accepts any and all responsibilities and liabilities with respect to the Mining Act of 1971. b. A letter from the existing permittee must be submitted requesting that the mining permit be transferred to the proposed new permittee. The existing mine name and permit number must be identified in the letter. 2. Please provide the required application fee of $750.00 for this modification. See the enclosed request dated November 18, 2021. 3. Please provide proof, such as copy of the signed return receipts from certified mail, that all adjoining landowners and chief administrative officer of each county and municipality have been properly notified. 4. Please clarify the intent to dewater the mine. Question C.3C of the mining permit application was left blank. North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources 512 North Sallsbury Street 1 1612 Mail Service Center I Raleigh. North Carolina 27699-1612 919.707.9200 Certified Mail Mr. Bucy Page 2 5. Please provide proof of application for an NPDES permit as indicated in the mining permit application question C.313. 6. Mining has been indicated in the floodplain. Please provide proof of notice and approval from the jurisdictional floodplain manager. 7. Please clarify the activity that appears to have caused disturbed area outside the mining permit north of the western mining area and on either side of the haul road. 8. Please clarify the activity that appears to have caused disturbed area outside the mining permit east of the easter mining area. Drilling associated with this mining operation would be considered affected area. 9. Please clarify the difference between proposed final grade and proposed limits of mining shown in the cross sections on sheet 7 and sheet 8. 10. N.C.G.S. §74-49 defines "affected land" as the surface are of land that is mined, the surface area of land associated with a mining activity so that soil is exposed to accelerated erosion, the surface area of land on which overburden and waste is deposited, and the surface area of land used for processing or treatment plant, stockpiles, nonpublic roads, and settling ponds. Please clearly indicate and label on the mine map that the haul road to the nearest public road is included in the Mine permit boundary. 11. Please clarify the statement on question C.6C of the mine permit application. There is a blank for the maximum bench height. 12. Please clarify the Year 3 and Year 10 sequence of mining. Statements were provided that haul road will need to be rerouted. Please clearly indicate and label on the mine map the location of any proposed roads. 13. Please clearly identify and label on the mine map the location of any explosive storage as stated in the blasting plan. 14. Please clearly identify and label on the mine map the location and acreage of any waste pile area and stockpile areas. 15. Please clarify the acreages provided in the acreage table on page 4 of the mine permit application. Acreage for tailing/sediment ponds and waste piles are negative. Acreage for the sediment ponds have not been clearly identified in the total affected acreage totals. 16. Please clarify how sediment basins located in the 1 % annual chance flood plain are protected against washout in the event of a storm event which could cause sediment loss into surface waters. 17. Please provide Operation and maintenance details for the sediment ponds and any other erosion and sediment control (E&SC) Measures. 18. NC Wildlife Resources Commission (NCWRC) and US Fish and Wildlife Service (USFWS) have raised concerns with the invasive exotic species included in the seeding mixture, specifically Korean lespedeza, fescue, common Bermuda, and crown vetch. Please review the recommendations for year- round seeding provided on page 13 of the mine permit application to mitigate the use of invasive exotic species. 19. USFWS has identified the potential for threatened and endangered species in the project area. Please provide a biological assessment and/or biological evaluation (BABE) for the Gray bat (Myotis Certified Mail Mr. Bucy Page 3 `/ grisescens) and Appalachian elktoe (Alasmidonta raveneliana). Comments from USFWS have been included for your reference. Please note, this office may request additional information, not included in this letter, as the mining application review progresses. Be advised that our review cannot be completed until all of the items listed above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 5B.0113, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Sincerely, Adam Parr, PE Assistant State Mining Engineer Enclosures: Fee Request letter Comments from USFWS cc: Ms. Shawna Riddle Attachment 3 Representative Photographs Photo 1. View of Access Road Bridge over river. ARGADIS Photo 2. View along North Toe River. ARCADIS Photo 3. View of borrow pit facing access area. Photo 4. View along access road south of existing mined area ng mined area. ARCADIS Photo 6. View of North Toe Rive floodplain. SY,�, 0. 'y,� •�� P4, 44i r { y I •3 r 4 4 df 1 m 4s• 1�: a l 1X p Ve ti d �U. jk Photo 7. View of slope at edge of mined area. Photo 8. View of rock wall at the edge of mined area. ARCADIS `lam r yv yZIA Spipipp s Photo 9. View of rock wall at borrow pit. Photo 10. Additional view of borrow pit near access bridge