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HomeMy WebLinkAbout20221561 Ver 1_17BP_12_R_64_NRTR_20221107a"SS E s �'wwxa r STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER J. ERIc BOYETTE GOVERNOR SECRETARY DATE: November 4th, 2022 TO: Jeffrey Wyatt, Division 12 Environmental Officer FROM: Caleb BrabbleRose, Division 12 Environmental Specialist SUBJECT: Natural Resources Technical Memorandum INTRODUCTION The North Carolina Department of Transportation (NCDOT) proposes to replace bridge no. 354 on SR 1422 (Carol Road) over an UT to Gilliam Creek (17BP.12.R.64) in Gaston County. The following Natural Resources Technical Report (NRTR) has been prepared to assist in the preparation of the appropriate environmental documentation. PROTECTED SPECIES Endangered Species Act Protected Species As of September 30th, 2022, the United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPAC) lists the following federally protected species within the study area, under the Endangered Species Act (ESA) (Table 1). For each species, a discussion of the presence or absence of habitat is included below along with the Biological Conclusion rendered based on survey results in the study area. Table 1. ESA federally protected species within the Study Area Scientific Name Common Name Federal Habitat Biological Status Present Conclusion Glyptemys muhlenbergii Bog Turtle T(S/A) No Not required Hexastylis naniora Dwarf -flowered Heartleaf T No No Effect T - Threatened T(S/A) - Threatened due to similarity of appearance Bog Turtle USFWS optimal survey window: April 1 — October 1 (visual surveys); April 1-June 15 (optimal for breeding/nesting); May 1-June 30 (trapping surveys) Biological Conclusion: Not required Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. However, a June 20, 2022 survey of the PSA found no suitable habitat in the form of wet or boggy areas. A June 2022 review of the NCNHP database indicated there are no occurrences of the bog turtle within a one - mile radius of the project site. Dwarf -flowered heartleaf USFWS Optimal Survey Window: March -May Biological Conclusion: No Effect An on -site investigation indicated the study area does not contain suitable habitat for DFH in the form of moist to rather dry forests along bluffs; boggy areas next to streams and creek heads; and adjacent hillsides, slopes, and ravines. The area was surveyed on April 18, 2018, by walking multiple intersecting transects but found no DFH habitat, and was confirmed during a survey on June 20, 2022. A review of NHP records on June 24, 2022, indicates no known occurrences within 1 mile of the study area. Since no habitat was found to be a part of the project study area during the on -site survey, this project should not affect this species. Northern Long -Eared Bat The Northern Long -Eared Bat is no longer listed for the project study area, as the USFWS range for NLEB has changed as of September 30th, 2022. However, the bridge was surveyed before the range shift. The findings of that survey are as follows: The existing bridge 9354 is a timber and steel bridge, and a survey on June 20th, 2022, found no evidence indicating bat utilization within the existing bridge structure. Natural Heritage Program records also indicated no known long-eared bat occurrences within 20 miles of the study area, with the closest known occurrences being 21 miles to the northwest in Burke County NC (observed pre -white nose syndrome in 2001 by NCWRC and NRID). The Closest post-WNS observation is in Rutherford County NC, 31 miles to the northwest in 2013. There are currently no known hibernaculum or maternity roost trees in Division 12 counties for NLEB. Likewise, Gaston County is not listed within the current range per the FWS ECOS website. Tri-colored Bat As of November 4th, 2022, Tricolored -Bat (hereafter TCB) is proposed as endangered by the USFWS, and as such, receives no formal protection under the ESA. As such, a likely habitat will be discussed, but no biological conclusion will be recommended. Currently, NCDOT Biological Surveys Group recommends following the survey guidelines for Indiana bat and Gray Bat: The existing bridge 9354 is a timber and steel bridge, and a survey on June 20th, 2022, found no evidence indicating bat utilization within the existing bridge structure. Trees onsite could also represent habitat for TCB. Natural Heritage Program records also indicated no known TCB occurrences within 1 mile of the study area. Bald and Golden Eagle Protection Act The Bald and Golden Eagle Protection Act is enforced by the USFWS. Golden eagles do not nest in North Carolina. Habitat for the bald eagle primarily consists of mature forests 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. A desktop-GIS assessment of the project study area, as well as the area within a 1.0-mile radius of the project limits, was performed on June 20th, 2022 using recent color aerials. One water body large enough and sufficiently open to be considered potential feeding sources were identified, in the form of a 5.5 acre pond 0.5 miles to the southwest. A review of the NHP database revealed no known occurrences of this species within 1.0 mile of the project study area. Since there was foraging habitat within the review area, a survey of the project study area and the area within 660 feet of the project limits was conducted, and found no nests in the PSA large enough to be considered eagle nests. Due to the lack of nests, known occurrences, and minimal impact anticipated for this project, it has been determined that this project will not affect this species. Essential Fish Habitat There is no essential fish habitat associated with the current project. WATER RESOURCES Water resources in the study area are part of the Broad River basin [U.S. Geological Survey (USGS) Hydrologic Unit: 03050105]. One stream was identified in the study area (Table 2). Table 2. Streams in the study area NCDWR Bank Bankfull Best Usage Depth Stream Name Index width ClassificationL�� (in) Number ft UT to Gilliam Creek 9-53-6-1 C 12 20 8 There are no designated High -Quality Waters (HQW) or water supply watersheds (WS-I or WS-II) within the project study area, or within 1.0 mile downstream of the study area. The North Carolina 2022 Final 303(d) list of impaired waters does not identify Gilliam Creek as an impaired water. REGULATORY CONSIDERATIONS Clean Water Act Waters of the U.S. One stream was identified in the study area. All streams in the study area have been designated as warm water streams for the purposes of stream mitigation. Table 3. Status of streams in the study area Length Compensatory River Basin Map ID Classification ft. Miti ation Required Buffer UT to Gilliam 100 Perennial Undetermined Not Subject Creek Total 100 No wetlands were identified within the study area. NRCS soil survey records list no hydric soils for the project study area. N.C. River Basin Buffer Rules No part of the project study area falls within a NC River Basin Buffer. Rivers and Harbors Act Section 10 Navigable Waters There are no Navigable Waters under Section 10 of the Rivers and Harbors Act within the PSA. Qualifications of Contributors Principal Investigator Jeff Wyatt Education: B.S. Biology, 2004 Experience: Division Environmental Officer, 2020 — present Environmental Specialist, NCDOT, 2007-2020 Environmental Consultant, HDR Engineering, 2005-2007 Responsibilities: T/E species assessment, wetland and stream delineation, document prep Secondary Investigator: Caleb BrabbleRose Education: B.S. Biology, Environmental Science; 2018 Experience: Environmental Specialist, NCDOT, 2022-present Restoration Specialist, HARP, 2021 Research Scientist, Wake Forest University, 2018-2021 Responsibilities: T/E species assessment, wetland and stream delineation, document prep