20230536 Ver 1_Crabtree Creek Greenway FINAL NRTM_April 2023_20230418

NATURAL RESOURCES TECHNICAL MEMORANDUM
Proposed Crabtree Creek Greenway Extension between Bond Park and SR 1615
(High House Road) in Cary
Wake County, North Carolina
STIP No. BL-0036
WBS Element No. 49876.1.1
W
Town of Cary
April 2023

Natural Resources Technical Memorandum STIP No. BL-0036, Wake County, N. C.
1.0 INTRODUCTION
The Town of Cary proposes to extend the Crabtree Creek Greenway from Bond Park to
SR 1615 (High House Road) to improve multimodal connectivity between Bond Park and
Preston -wood Soccer Complex (STIP No. BL-0036) in Cary, Wake County, North Carolina
(Figures 1 and 2). The project is being primarily funded with federal Congestion
Mitigation and Air Quality Improvement (CMAQ) funds managed through the North
Carolina Capital Area Metropolitan Planning Organization's (CAMPO) Locally
Administered Projects Program (LAPP). As part of this funding, the North Carolina
Department of Transportation (NCDOT) will provide oversight of the project. The
following Natural Resources Technical Memorandum (NRTM) has been prepared to assist
in the preparation of the appropriate environmental documentation.
2.0 METHODOLOGY
All work was conducted in accordance with the NCDOT Environmental Coordination and
Permitting Group's (ECAP) Preparing Natural Resources Technical Reports Procedure and
references the latest NRTR Template (September 2021). Field work was conducted on
May 4, 2022. Water resources identified in the study area have been verified by the United
States Army Corps of Engineers (USACE) under a Preliminary Jurisdictional
Determination (PJD; Action ID No. SAW-2022-01444, August 8, 2022). The principal
personnel contributing to the field work and document are provided in the Appendix.
3.0 PROTECTED SPECIES
3.1 Endangered Species Act Protected Species
The United States Fish and Wildlife (USFWS) lists the following federally protected
species as potentially occurring within the Project Study Area (PSA), 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 within the PSA.
Table 1. ESA federally protected species listed for the study areal
Scientific Name
Common Name
Federal
Status2
Habitat
Present
Biological
Conclusion
Perimyotis subflavus
Tricolored bat
PE
Yes
Unresolved
Necturus lewisi
Neuse River waterdog
T
Yes
No Effect3
Noturus furiosus
Carolina madtom
E
Yes
No Effect3
Fusconaia masoni
Atlantic pigtoe
T
Yes
No Effect3
Alasmidonta heterodon
Dwarf wedgemussel
E
Yes
No Effect3
April 2023

Natural Resources Technical Memorandum STIP No. BL-0036, Wake County, N. C.
Table 1. ESA federally protected species listed for the study areal (continued)
Federal
Habitat
Biological
Scientific Name
Common Name
Status2
Present
Conclusion
Picoides borealis
Red -cockaded woodpecker
E
No
No Effect
Rhus michauxii
Michaux's sumac
E
Yes
No Effect
1 USFWS Information for Planning and Consultation (IPaQ data checked on April 17, 2023. Atlantic sturgeon is also
listed for Wake County by the National Oceanic and Atmospheric Administration (NOAA) — National Marine
Fisheries Service (NMFS). However, no portion of the Neuse River is located within the study area, no Critical
Habitat is present, and Crabtree Creek and its tributaries within the study area do not possess habitat for the species.
Therefore, it is not included in this document outside of this statement.
2 E — Endangered; PE — Proposed Endangered; T — Threatened
s This Biological Conclusion is based on the current design and assumption that no in -water work will occur as part of this
project. If in -water work is added to the project, the Biological Conclusions of these species and the need for aquatics
surveys will be re -assessed.
Tricolored bat
USFWS Optimal Survey Window: May 15 — August 15 (Structure Checks)
Biological Conclusion: Unresolved
On September 14, 2022, the USFWS announced a proposal to list the tricolored bat
(Perimyotis subflavus - PESU) as Endangered under the Endangered Species Act.
Given the proposal to list PESU as Federally Endangered, NCDOT and its federal
partners, the Federal Highways Administration (FHWA) and USACE, are initiating
a conference programmatic consultation to address impacts to this species. USFWS
has not provided an official effective listing date, but it is anticipated to occur in
the second half of 2023. Upon listing, USFWS is expected to provide habitat
descriptions and an area of influence/distribution range for PESU. When this
information is provided, it will help to inform NCDOT's determinations on habitat
that could be impacted by NCDOT actions.
Neuse River waterdog
USFWS Optimal Survey Window: Winter months for trapping; remainder of year for
visuals
Biological Conclusion: No Effect
Suitable habitat for Neuse River waterdog is present within Crabtree Creek and
(potentially) its tributaries within the PSA. However, the project has been designed
to avoid in -water impacts to jurisdictional features. As a result, impacts to in -
stream habitat are not anticipated from this project and aquatic species will not be
affected. If in -water work is added to the project in the future, the Biological
Conclusion of this species and the need for surveys will be re -assessed. A review
of the Winter (January) 2023 North Carolina Natural Heritage Program (NCNHP)
dataset identified no known Neuse River waterdog occurrences within proximity of
the PSA.
2 April 2023

Natural Resources Technical Memorandum STIP No. BL-0036, Wake County, N. C.
Carolina madtom
USFWS Optimal Survey Window: Year-round
Biological Conclusion: No Effect
Suitable habitat for Carolina madtom is present within Crabtree Creek and
(potentially) its tributaries within the PSA. However, the project has been designed
to avoid in -water impacts to jurisdictional features. As a result, impacts to in -
stream habitat are not anticipated from this project and aquatic species will not be
affected. If in -water work is added to the project in the future, the Biological
Conclusion of this species and the need for surveys will be re -assessed. A review
of the Winter (January) 2023 NCNHP dataset identified no known occurrences of
Carolina madtom within proximity of the PSA.
Atlantic pigtoe
USFWS Optimal Survey Window: March 1 —November 1
Biological Conclusion: No Effect
Suitable habitat for Atlantic pigtoe is present within Crabtree Creek and
(potentially) its tributaries within the PSA. However, the project has been designed
to avoid in -water impacts to jurisdictional features. As a result, impacts to in -
stream habitat are not anticipated from this project and aquatic species will not be
affected. If in -water work is added to the project in the future, the Biological
Conclusion of this species and the need for surveys will be re -assessed. A review
of the Winter (January) 2023 NCNHP dataset identified no known occurrences of
Atlantic pigtoe within proximity of the PSA.
Dwarf wedgemussel
USFWS Optimal Survey Window: March 1 —November 1
Biological Conclusion: No Effect
Suitable habitat for dwarf wedgemussel is present within Crabtree Creek and
(potentially) its tributaries within the PSA. However, the project has been designed
to avoid in -water impacts to jurisdictional features. As a result, impacts to in -
stream habitat are not anticipated from this project and aquatic species will not be
affected. If in -water work is added to the project in the future, the Biological
Conclusion of this species and the need for surveys will be re -assessed. A review
of the Winter (January) 2023 NCNHP dataset identified no known occurrences of
dwarf wedgemussel within proximity of the PSA.
Red -cockaded woodpecker
USFWS Optimal Survey Window: Year-round; November— early March (optimal)
Biological Conclusion: No Effect
Guidance from the USFWS Raleigh Office states that surveys for red -cockaded
woodpecker are no longer required in Wake County, North Carolina due to the
absence of extant populations within the county. Therefore, surveys were not
3 April 2023

Natural Resources Technical Memorandum STIP No. BL-0036, Wake County, N. C.
completed for the species. A review of the Winter (January) 2023 NCNHP dataset
identified no known occurrences of red -cockaded woodpecker within 1.0 mile of
the PSA.
Michaux's sumac
USFWS Optimal Survey Window: May — October
Biological Conclusion: No Effect
Suitable habitat for Michaux's sumac is present within the PSA in the form of
roadsides, utility rights -of -way, and open, sunny edge transition areas. Therefore, a
plant -by -plant survey was completed by Three Oaks staff on May 4, 2022. No
Michaux's sumac was observed. Additionally, a review of the Winter (January)
2023 NCNHP dataset identified no known occurrences of Michaux's sumac within
1.0 mile of the PSA.
Northern long-eared bat
The USFWS has revised the previous programmatic biological opinion (PBO) in
conjunction with the FHWA, USACE, and NCDOT for the northern long-eared bat
(NLEB) (Myotis septentrionalis) in eastern North Carolina. The PBO covers the entire
NCDOT program in Divisions 1-8, including all NCDOT projects and activities. Although
this programmatic opinion covers Divisions 1-8, NLEBs are currently only known in 27
counties, but may potentially occur in 3 additional counties within Divisions 1-8. NCDOT,
FHWA, and USACE have agreed to two conservation measures which will avoid/minimize
mortality of NLEBs. These conservation measures only apply to the 30 current
known/potential counties shown on Figure 2 of the PBO at this time. Wake County is not
included in this list of 30 counties. The programmatic determination for NLEB for the
NCDOT program is "May Affect, Likely to Adversely Affect". The PBO will ensure
compliance with Section 7 of the Endangered Species Act for ten years (effective through
December 31, 2030) for all NCDOT projects with a federal nexus in Divisions 1-8, which
includes Wake County, where BL-0036 is located.
3.2 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 PSA, as well as the area within a 1.0-mile radius of the
project limits, was performed on April 20, 2022, using the most recent color aerials. Water
bodies large enough or sufficiently open to be considered potential feeding sources were
identified. Since there was foraging habitat within the review area, a survey of the PSA
and the area within 660 feet of the project limits was conducted on May 4, 2022. No nests
or individuals were identified. Additionally, a review of the Winter (January) 2023
NCNHP dataset revealed no known occurrences of this species within 1.0 mile of the PSA.
Due to the lack of nests, individuals, and known occurrences, and minimal impact
4 April 2023

Natural Resources Technical Memorandum STIP No. BL-0036, Wake County, N. C.
anticipated for this project, it has been determined that this project will not affect this
species.
4.0 WATER RESOURCES
Water resources in the study area are part of the Neuse River Basin (United States
Geological Survey [USGS] Hydrologic Unit Code [HUC] 03020201). Four streams were
identified in the PSA (Table 2). The location of each stream is shown on Figure 3.
Table 2. Streams in the study area
NCDWR
Bank
Bankfull
Stream Name
Map ID
Index
Best Usage
Height
width
Depth
Classification
Number
ft.(ft.)(in.)
Crabtree Creek
Crabtree Creek
27-33- 1
C; NSW
6-10
20-30
0-24
Unnamed Tributary
SA
27-33-(1)
C; NSW
1-3
4-6
0-3
UT to Crabtree Creek
UT to Crabtree Creek
SB
27-33- 1
C; NSW
4-8
3-6
0-6
UT to Crabtree Creek
SC
27-33- 1
C; NSW
3-5
10-15
0-6—
There are no designated Outstanding Resource Waters (ORW), High -Quality Waters
(HQW), or Water Supply I or II Watersheds (WS-I or WS-II) within the PSA or within 1.0
mile downstream of the study area. The North Carolina 2022 Final 303(d) list of impaired
waters identifies Crabtree Creek within the PSA and within 1.0 mile downstream of the
PSA as impaired due to Benthos (Nar, AL, FW).
No open waters or non -stream surface waters (e.g., tributaries) were identified within the
PSA.
5.0 REGULATORY CONSIDERATIONS
5.1 Clean Water Act Waters of the U.S.
Four streams were identified in the PSA (Table 3). The locations of these streams are
shown on Figure 3. Stream forms are included in a separate PJD Package. All streams in
the PSA have been designated as warm water streams for the purposes of stream mitigation.
Table 3. Status of streams in the study area
Map ID
Length
ft.
Classification
Compensatory
Miti ation Required
River Basin
Buffer
Crabtree Creek
1,555
Perennial
Not Determined
Subject'
SA
26
Perennial
Not Determined
Not Subject
SB
568
Perennial
Not Determined
Sub'ect2
SC
217
Perennial
Not Determined
Subject'
Total
2,366
' Stream on both USGS topographic mapping and Natural Resources Conservation Service (MRCS) soil
survey mapping.
2 Stream only on NRCS soil survey mapping.
5 April 2023

Natural Resources Technical Memorandum STIP No. BL-0036, Wake County, N. C.
No potential wetlands were identified within the PSA.
5.2 Construction Moratoria
No moratoria are anticipated for this project at this time.
5.3 N.C. River Basin Buffer Rules
Streamside riparian zones within the PSA are protected under provisions of the Neuse
River Riparian Buffer Rules administered by NCDWR. Crabtree Creek and Streams SB
and SC are depicted on USGS topographic mapping and/or the 1970 Soil Survey of Wake
County; thus, they are subject to these riparian buffer rules. Table 3 also identifies which
features are subject to these rules.
5.4 Rivers and Harbors Act Section 10 Navigable Waters
No streams have been designated by the USACE as a Navigable Water under Section 10
of the Rivers and Harbors Act.
6 April 2023

Natural Resources Technical Memorandum STIP No. BL-0036, Wake County, N. C.
6.0 REFERENCES
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual.
Technical Report Y-87-1, U. S. Army Engineer Waterways Experiment Station.
Vicksburg, Mississippi.
Environmental Laboratory. 1992. Clarification and Interpretation of the 1987 Manual,
memorandum from Major General Arthur E. Williams.
Environmental Laboratory. 2012. Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Eastern Mountains and Piedmont Region, Version 2.0.
Vicksburg, Mississippi.
North Carolina Department of Environmental Quality - Division of Water Resources.
2022. Water Quality Assessment and Impaired Waters List, Final 2022 North
Carolina 303(d) List. hllps://deq.nc.gov/about/divisions/water-
resources/planning/modeling-assessment/water-quality-data-
assessment/integrated-report-files.
North Carolina Division of Water Quality. 2010. Methodology for Identification of
Intermittent and Perennial Streams and their Origins, Version 4.11. North Carolina
Department of Environmental and Natural Resources, Division of Water Quality.
Raleigh, NC.
North Carolina Natural Heritage Program (NCNHP). 2023. Natural Heritage Data
Explorer, Winter (January) 2023 Quarterly Dataset [Web Application]. NCDNCR,
Raleigh, NC. http://ncnhde.natureserve.org.
Unites States Department of Agriculture, Natural Resources Conservation Service. 2018.
Field Indicators of Hydric Soils in the United States, Version 8.2. L.M. Vasilas,
G.W. Hurt, and J.F. Berkowitz (eds.). USDA, NRCS, in cooperation with the
National Technical Committee for Hydric Soils.
United States Department of Agriculture, Natural Resources Conservation Service
(NRCS). 1970. Soil Survey of Wake County, North Carolina.
United States Fish and Wildlife Service. Environmental Conservation Online System
ECOS). hllps://ecos.fws.gov/ecp/.
United States Fish and Wildlife Service. Information for Planning and Consultation (IPaC).
hlt 2s://ipac.ecosphere.fws.gov/.
United States Geological Survey. 1993 Cary, North Carolina, Topographic Quadrangles
(7.5-minute series).
Weakley, Alan S. (Working Draft). Flora of the Southern and Mid -Atlantic States.
University of North Carolina Herbarium (NCU), North Carolina Botanical Garden.
Chapel Hill, NC. 2,022 pp
7 April 2023

Appendix

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Qualifications of Contributors
Investigator: Nathan Howell, PWS
Education: B.S. Fisheries, Wildlife, and Conservation Biology, North Carolina
State University, 2013
M.S. Plant and Microbial Biology, North Carolina State
University, 2015
Experience: Environmental Scientist, Three Oaks Engineering, October 2015 —
Present
Responsibilities: Wetland and stream delineations, T&E surveys, document
preparation and review, GIS
Investigator James Mason, PWS
Education: M.S. Biology/Ecology, UNC-Charlotte, 2004
B.A. Biology, Colby College, 2000
Experience: Senior Environmental Scientist, Three Oaks Engineering, April
2018-Present
Environmental Program Consultant, NCDOT, 2006-2018
Responsibilities: Document preparation and review
Investigator: Cary Rowells
Education: Coursework, Civil Engineering, Wake Technical Community
College
Coursework, Geology, University of North Carolina at Wilmington
Experience: GIS Analyst, Three Oaks Engineering, 2015-Present
GIS analyst, Michael Baker Engineering, 2002-2015
Analytical Surveys, Inc., CADD Technician/GIS Technician/GIS
Project Coordinator, 1989-2002
Responsibilities: Microstation, GIS