HomeMy WebLinkAbout20061376 Ver 1_More Info Received_20061101MULKEY
F:N CdiN EGRS Ih CON SLJ LTr~NT5
NCDENR - NCDWQ
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
ATTENTION: Ms. Lia Myott
Express Review Coordinator
DATE: October 31, 2006
SUBJECT: Proposed Novartis development in Holly Springs, Wake County
This letter is to notify the North Carolina Division of Water Quality that
construction is planned to commence on the Novartis Vaccines and Diagnostics -Holly
Springs Facility on November 2, 2006. This notification is being filed pursuant to
Condition #10 within the Section 401 permit issued on September 29, 2006; DWQ
Project No. EXP 06-1376.
Please contact me at (919) 858-1804 with any questions or comments regarding
the information in this letter or concerning the project.
Since e y,
~_ '~/~
Harold M. Brad" y
Project Manager
Mulkey, Inc.
cc: Deana Dearborn, Novartis V&D
Amer Takieddine, Jacobs, Inc -Cincinnati
Vance Holt, Jacobs, Inc. -Raleigh
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MULKHY INC. A'J~D TRYON ROAD CARV. NC 17511 PO BOx 33127 R~a~e~OH, NC 17836 PH: 919-0E1-1911 F.ex: 919-lS1-1918 WWW.MULKEVINC.COM
Protected Species Technical Report
"Aardvark" Property Development Project
Town of Holly Springs
Wake County, North Carolina
EXECUTIVE SUMMARY
Mulkey, Inc. (Mulkey) has been retained by the Town of Holly Springs to prepare a Protected
Species Technical Report as part of the environmental studies for a proposed development project
in Wake County, North Carolina. The "Aardvark" property was surveyed for rare, threatened, and
endangered species during May 2006 (Figure 1). The threatened and endangered species survey
focused on threatened and endangered species listed by US Fish & Wildlife Service (USFWS) as
occurring in Wake County, North Carolina as of March 9, 2006. Afield investigation was
conducted to determine the presence or absence of the species within this tract. The project study
area was found to contain suitable habitat for only Michaux's sumac. Surveys were conducted for
Michaux's sumac; however, no individuals were found within the project study area. Project
construction will have No Effect on the federally threatened or endangered species listed by the
United Sates Fish and Wildlife Service (USFWS) for Wake County, North Carolina.
INTRODUCTION
Some populations of fauna and flora have been, or are in the process of decline due to either
natural forces or their inability to coexist with humans. Federal law (under the provisions of
Section 7 of the Endangered Species Act [ESA] of 1973, as amended) requires that any action likely
to adversely affect a species classified as federally-protected be subject to review by the USFWS.
Prohibited actions that may affect any species protected under the ESA are outlined in Section 9 of
the Act. Species may receive additional protection under separate federal or state laws.
Species which are listed, or are proposed for listing, as endangered or threatened are recorded in
Section 4 of the ESA. As of March 9, 2006, the USFWS identified three Endangered (E) species
(red cockaded woodpecker, dwarf wedgemussel, and Michaux's sumac) and one Threatened (T)
species (bald eagle) known to occur in Wake County. As defined by the Act, an endangered species
is any plant or animal which is in danger of extinction throughout all or a significant portion of its
range within the foreseeable future. A threatened species is any species which is likely to become
an endangered species within the foreseeable future throughout all or a signficant portion of its
range.
The survey was undertaken to determine if threatened and endangered species are present on the
proposed "Aardvark" development property located approximately two miles west of downtown
Holly Springs. The subject property is approximately 160 acres and located entirely within the
Cape Fear River basin. The dominant vegetative community on the subject property is mixed
pine/hardwood forest found throughout the subject property. The existing du-t roads, abandoned
logging decks, and the sewerline easement are the only open areas present within the subject
property. The streams and wetlands on-site have been delineated and are being coordinated with
the United States Army Corps of Engineers (USAGE) and the North Carolina Division of Water
Quality (NCDWQ) for certification.
METHODS
The subject property was visited by two staff ecologists from Mulkey Engineers & Consultants in
May 2006. All forest stands and other habitat types on the property were visited durilg the survey.
North Carolina Natural Heritage Program (NCNHP) maps were reviewed on June 14, 2006 to
determine if any protected species have been identified near the project area. This map review
confirmed that no species classified as Endangered or Threatened by the USFWS have been
identified within a one mile radius of the project study area. The following species are identified as
federally protected for Wake County. Table 1 shows the federally threatened and endangered
species listed for Wake County. Table 2 (attached) lists all of the federal and state protected species
for Wake County.
Table 1. Federally Protected Species for Wake County.
Common Name Scientific Name Federal Status
Bald eagle Haliaeedus leucocephalu.r Threatened
Red-cockaded woodpecker Picoide.r horeali.r Endangered
Dwarf Wedgemussel ~lla.rmidonta heterodon Endangered
Michaux's sumac RGu.r michauxii Endangered
RESULTS
Bald eagle (Haliaeetus leucocephalus)
Federal Status: Threatened (Proposed for delisti7g)
The bald eagle is a large raptor that ranges in size from 32 to 43 inches tall and has a wingspan
averaging 6 feet These predators weigh an average of 10 to 12 pounds. Adult body plumage is
dark brown to chocolate brown with a white head and tail, while juveniles are brown and irregularly
marked with white until their fourth year. They are primarily associated with large bodies of water
where food is plentiful and suitable nesting sites are typically found within 0.5 miles of the water.
Nests are made in the largest living tree within the area, with an open view of surrounding land and
a clear flight path to water. Nests can be as large as 6 feet across and are made of sticks and
vegetation. These platform nests may be used by the same breeding pair for many years. Breeding
begils in December or January and the young remain in the nest at least ten weeks after hatching.
Bald eagles eat mostly fish robbed from ospreys or picked up dead along shorelines or other
carrion. They may also capture small animals such as rabbits, some birds, and wounded ducks
(USFWS, 2003).
Biological Conclusion: No Effect
Bald eagles are year-round, transient species in North Carolina. Suitable habitat for the bald eagle
consisting of large areas of open water is not present within the subject property. An area of open
water, Thomas Mill Pond, is located several hundred feet south of the southern property boundary;
however, no nests were observed near the pond. NCNHP maps were reviewed on June 14, 2006
to determine if any bald eagle populations have been identified at or near the project study area.
This map review confirmed drat no bald eagle nests or individuals have been reported within aone-
mile radius of the project site. Proposed project construction will not unpact this species.
Red-cockaded woodpecker (Picoides borealis)
Federal Status: endangered
This bird is a small, 7 to 8-inch tall woodpecker with a black and white barred back conspicuous
large white cheek surrounded by a black cap, nape, and throat. Males have a very small red mark at
the upper edge of the white cheek and just behind the eye. Red-cockaded woodpeckers (RCW) are
found in open pine forests in the southeastern United States where they use open old growth
stands of southern pines, particularly longleaf pine, for foraging and nesting habitat. A forested
stand optimally should contain at least 50 percent pine and lack a thick understory. The RCW is
unique among woodpeckers because it nests almost exclusively in living pine trees. These birds
excavate nests in pines greater than 60 years old that are contiguous with open, pine dominated
foraging habitat. The foraging range of d1e RCW may extend 500 acres and must be contiguous
with suitable nesting sites.
Living pines infected with red-heart disease (Formes pinz) are often selected for cavity excavation
because the inner heartwood is usually weakened and therefore easier to excavate. Cavities are
located from 12 to 100 feet above ground level and below live branches. 't'hese trees can be
identified by "candles," a large encrustation of running sap that encrusts the tree trunk. The sap
encrustation selves as a deterrent for predatory species such as snakes and may be used by the
RCW as a visual indicator of nesting or foraging territories. Colonies consist of one to many of
these candle trees. "1'he RCW lays its eggs in April, May, and June; the eggs hatch approximately 10
to 12 days later (USFWS, 1992).
Biological Conclusion: No Effect
Suitable habitat for RCW does not exist within the project area since there are no pine dominated
stands of appropriate diameter or age present. The pines that are present are young (less than 30
years old) and are within thick stands of hardwoods. NCNHP maps were reviewed on June 14,
2006 to determine if any RCW populations have been identified at or near the project study area.
This map review confirmed that no known RCWs are located within aone-mile radius of the
project site. Proposed project construction will not impact this species.
Dwarf wedgemussel (Alasmldonta heterodon)
Federal Status: Endangered
The dwarf wedgemussel is relatively small, rarely exceeding 1.5 inches in length. The shell's outer
surface is usually brown or yellowish brown in color, with faint green rays that are most noticeable
in young specimens. Unlike some mussel species, the male and female shells differ slightly, with
the female being wider to allow greater space for egg development. A distinguishing characteristic
of this mussel is its dentition pattern: the right valve possesses two lateral teeth, while the left valve
has only one. This trait is opposite of all other North American species having lateral teeth. This
mussel inhabits creeks and rivers that have a slow to moderate current with a sand, gravel, or
muddy bed. These streams must be nearly silt free in order to support dwarf wedgemussels.
The dwarf wedgemussel is considered to be a long-term brooder, with gravid females reportedly
observed in fall months. Like other freshwater mussels, this species' eggs are fertilized in the female
by sperm that are taken in through their siphons as they respire. "I'he eggs develop within the
female's gills into larvae (glochidia). The females later release these glochidia, which then attach to
the gills or fins of specific host fish species. Based on anecdotal evidence, such as dates when
gravid females are present or absent, it appears that release of glochidia occurs primarily in April in
North Carolina. While the USFWS notes that the host fish species is unknown, evidence indicates
that an anadromous fish which migrates from ocean waters to fresh waters for spawning may be
the likely host species. However, recent research has confirmed at least three potential fish host
species for the dwarf wedgemussel in North Carolina: the tessellated darter, Johnny darter, and
mottled sculpin. '1"hese fish species are found in Atlantic coast drainages of North Carolina;
however, the dwarf wedgemussel is only found in the Neuse and Pamlico river basins (Moser
1993).
Biological Conclusion: No Ef1`ect
Suitable habitat for the dwarf wedgemussel consisting of nearly silt-free streams, with slow to
moderate currents within the Neuse or Pamlico river basins is not present within the project study
area. Several freshwater mussels were observed in the perennial stream in the northern portion of
the subject property (Stream "SA"); however, due to the subject property's location within the
Cape Fear river basin no dwarf wedgemussel are anticipated to be present. NCNHP maps were
reviewed on June 14, 2006 and this map review confirmed that no populations of dwarf
wedgemussel arc l~iown to occur within atwo-mile radius of the project study area. Proposed
project construction will not unpact this species.
Michaux's sumac (Rhus rruchauxil)
Federal Status: Endangered
Michaux's sumac is a rhizomatous, densely hairy shrub, with erect stems from one to three feet in
height. The compound leaves contain evenly serrated, oblong to lanceolate, acuminate leaflets.
Most plants are unisexual; however, more recent observations have revealed plants with both male
and female flowers on one plant. The flowers are small, borne ul a terminal, erect, dense cluster,
and colored greenish yellow to white. Flowering usually occurs from June to July; while the fruit, a
red drupe, is produced through the months of August to October. Only 3C extant populations are
known, with 31 in North Carolina, three in Virginia, and two populations in Georgia.
Michaux's sumac grows in sandy or rocky open woods in association with basic soils. It spreads by
producing cloning shoots from the roots of mature plants. Apparently, this plant survives best in
areas where some form of periodic disturbance provides open areas. At least twelve of the plant's
populations in North Carolina are on highway rights-of-way, roadsides, or on the edges of
artificially maintained clearings (LJSFWS 1993).
Biological Conclusion: No Effect
Suitable habitat for Michaux's sumac consisting of sandy or rocky open woods or open areas of
periodic disturbance is present in the project study area. The project study area is dominated by are
clayey textured, thickly vegetated areas. However, there are several locations throughout the
subject property that contain more rocky soils that contain significantly less vegetation. These areas
tend to be along the existing dirt roads, sewer line easements, as well as areas that were formerly
used for logging decks. A plant by plant survey for Michaux's sumac was conducted by Mr. Tom
Barrett and Mr. Scott Hunt, PE within the project study area on May 2, 2006 for approximately 8
roan-hours.
NCNHP maps were reviewed on June 14, 2006 to determine if any protected species have been
identified at or near the project study area. This map review confirmed that no populations of
Michaux's sumac are known to occur within atwo-mile radius of the project site. Proposed project
construction will not impact this species.
CONCLUSIONS
Mulkey conducted a survey for federally protected threatened and endangered species during May
2006 on the "Aardvark" property in Holly Springs, Wake County, North Carolina. The subject
property consists primarily of mixed pine/hardwood forest with several well-maintained dirt roads.
During the protected species investigation, suitable habitat was only observed for Michaux's sumac
(Rhus michauxiz). Michaux's sumac grows on rocky upland areas that receive full sunlight and
contain little vegetative competition. Suitable habitat exists within the subject property at areas
along the existing dirt roads throughout the subject property, especially at former logging deck
locations. A plant by plant survey was conducted for Michaux's sumac within the subject property;
however, no individuals were found.
REFERENCES
Moser, G. Andrew. 1993. "Recovery Plan for Dwarf Wedgemussel (Ala.rmidonta heterodon)." United
States Fish and Wildlife Service, Annapolis Field Office. Annapolis, Maryland.
Radford, A. E., H. E. Ahles, 8c C. R. Bell. 1968. Manual of the vascular flora of the Carolinas. 1"he
University of North Carolina Press. Chapel Hill, NC. 1183 pp.
United States Fish and Wildlife Service. 1992. Endangered and Threatened Species of the
Southeastern United States ('1"hc Red Book), Region 4. Department of the Interior, Division
of Endangered Species.
United States rish and Wildlife Service (USFWS), 1993. Recovery Plan for Michaux's suamc (Rhzzr
michuuxiz). Southeast Region, Atlanta, GA. 35pp.
United States Department of the Interior. 1999. Proposed Rule to remove the bald eagle u1 the
Lower 48 States from the List of Endangered and Threatened Species. Federal Register 50
CI'R Part 17, July 6, 1999. Washington, D.C.