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Home My WebLink About20180656 Ver 1_TE_20180514ST�TE � G 3�/f � �PZ' � F .� � '�� ` s' � �i o � ti� �/ �'�;, STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER GOVF,RNOR May 1, 2018 MEMO TO: Trish Beam, Division 12 Environmental Supervisor FROM: Jeffrey Wyatt, Division 12 Environmental Specialist JAMES H. TROGDON, III SF,CRF.TARY SUBJECT: T/E and JD memo: Pipe replace�ne�lt project oi1 SR-1547 (Wards Gap Road), Cleveland Couilty INTRODUCTION The North Carolina Depart�nent of Transportation (NCDOT) proposes to replace a failing 55-foot long 30" CMP with a 55-foot long 30" HDPE on the same alignment. The work will be conducted on SR-1547 in Cleveland County. PROTECTED SPECIES Endangered Species Act Protected Species As of March 22, 2018, the United States Fish and Wildlife Service (USFWS) list two federally protected species, under tl�e Endangered Species Act (ESA) for Cleveland Couilty (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. Federally protected species listed for Cleveland County. Scientific Name Common Name Federal Habitat Biological Status Present Conclusion Hexastylis ncznifloru Dwarf-tlowered lleartleaf T No No Effect Myotis septerat�ionalis Northern long-eared bat T Yes MA;NLAA T — Threatened MA-NLAA — May Affect — Not Likely to Adversely Affect Dwarf-flowered heartleaf USFWS Optimal Survey Window: Marc11-May Biological Conclusion: No Effect An on-site investigation on April 17, 2018 indicated there is no suitable 1labitat for t11e DFH. A review of NHP records on April 18, 2018 indicates one lcnown occurrence within 1.0 mile of the study area. The known occurrence is located 0.5 miles to the east of the project and was last observed in 2002 by NHP biologist. Northern Long-Eared Bat USFWS Recommended Survey Window: June 1— August 15 Biological Conclusion: May Affect; Not Likely to Adversely Affect During field investigations on April 17, 2018 the area was assessed for suitable bat habitat. The area being forested was found to provide suitable habitat. Natural Heritage Program records document the nearest Northern Long-Eared Bat location approximately 1.9 miles north of the proposed project area. The closest listed underground mine, per NHP database is the George Cooke Prospect, 0.8 miles southwest of the project. There are currently no known hibernaculum or maternity roost trees in Division 12 counties for NLEB; therefore, the minor tree clearing associated with this DOT project would be exempted from incidental take under the 4(d) Rule streamlined consultation form. Per guidance from USFWS personnel, concurrence is granted by citing the following website and a 30 day response period is waved. http://www.fws.gov/asheville/htmis/project_review/NLEB_in WNC.html Bald Eagle and Golden Eagle Protection Act The bald eagle is protected under the Bald and Golden Eagle Protection Act, and enforced by the USFWS. 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 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was performed on April 17, 2018 using 2017 color aerials. No water bodies large enough or sufficiently open to be considered potential feeding sources were identified. 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 NHP database on April 18, 2018 revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the lack of habitat, 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 identified within the study area. WATER RESOURCES Water resources in the study area are part of the Broad River basin [U.S. Geological Survey (USGS) Hydrologic Unit 03050105]. 1 stream was identified in the study area (Table 2). The location of each stream is shown in attached maps. Table 2. Streams in the study area NCDWR Bank Bankfull Best Usage Depth Stream Name Map ID Index Height width Number Classification �ft) (ft) (in) Ut to Wards Creek Ut 9-50-12 C <1 1.5 <1 There are no designated Outstanding Resource Water (ORW), High Quality Waters (HQV� or water supply watersheds (WS-I or WS-II) within or within 1.0 inile downstream of the study area. No other surface waters/wetlands were identified within the study area.