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HomeMy WebLinkAbout20200046 Ver 1_CabarrusPipe301_NRTR_Final_Submittal_20191220_20200108 (2)NATURAL RESOURCES TECHNICAL REPORT Replace Pipe # 120301 over Branch of Little Bear Creek on SR 2608 (Hahn Rd) Cabarrus County, North Carolina TIP 17BP.10.C.6 THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Environmental Coordination and Permitting December 2019 TABLE OF CONTENTS 1.0 INTRODUCTION...................................................................................................... 1 2.0 METHODOLOGY....................................................................................................1 3.0 TERRESTRIAL COMMUNITIES.......................................................................... 1 4.0 PROTECTED SPECIES...........................................................................................1 4.1 Endangered Species Act Protected Species...................................................................... 1 4.2 Bald and Golden Eagle Protection Act............................................................................. 3 4.3 Essential Fish Habitat......................................................................................................... 3 5.0 WATER RESOURCES............................................................................................. 3 6.0 REGULATORY CONSIDERATIONS................................................................... 4 6.1 Clean Water Act Waters of the U.S.................................................................................. 4 6.2 Construction Moratoria..................................................................................................... 4 6.3 N.C. River Basin Buffer Rules........................................................................................... 4 6.4 Rivers and Harbors Act Section 10 Navigable Waters .................................................... 4 6.5 Coastal Area Management Act Areas of Environmental Concern ................................ 5 6.6 Coastal Barrier Resources System.................................................................................... 5 6.0 REFERENCES...........................................................................................................6 Appendix A Figures Figure 1. Vicinity Map Figure 2. Project Study Area Map Figure 3. Jurisdictional Features Map Figure 4. Terrestrial Communities Map Appendix B Qualifications of Contributors LIST OF TABLES Table 1. Coverage of terrestrial communities in the study area .................................. I Table 2. ESA federally protected species listed for Cabarrus County ........................ 2 Table 3. Streams in the study area................................................................................. 3 Table4. Surface waters in the study area...................................................................... 4 Table 5. Characteristics of jurisdictional streams in the study area ........................... 4 1.0 INTRODUCTION The North Carolina Department of Transportation (NCDOT) proposes to replace Pipe # 120301 over Branch of Little Bear Creek on SR 2608 (Hahn Rd) (STIP 17BP.IO.C.6) in Cabarrus County (Figure 1). The following Natural Resources Technical Report (NRTR) has been prepared to assist in the preparation of a document for the purposes of the National Environmental Policy Act (NEPA) or the State Environmental Policy Act (SEPA). 2.0 METHODOLOGY All work was conducted in accordance with the NCDOT Environmental Coordination and Permitting's Preparing Natural Resources Technical Reports Procedure and the latest NRTR Template November 2017. Field work was conducted August 27, 2018. Jurisdictional areas identified in the study area have not yet been verified by the U.S. Army Corps of Engineers (USAGE) or the North Carolina Division of Water Resources (NCDWR). The principal personnel contributing to the field work and document is provided in Appendix B. 3.0 TERRESTRIAL COMMUNITIES Two terrestrial communities were identified in the study area. Figure 4 shows the location and extent of these terrestrial communities. Terrestrial community data are presented in the context of total coverage of each type within the study area (Table 1). Table 1. Coverage of terrestrial communities in the study area Community Dominant Species (scientific name) Coverage (ac. Maintained / Disturbed Festuca sp., Ligustrum sinense, Phytolacca americana, Pinus taeda, 4.0 Rubus argutus Mesic Mixed Hardwood Forest Diospyros virginiana, Microstegium vimineum, Phytolacca americana 0.1 Quercus stellata Total 4.1 4.0 PROTECTED SPECIES 4.1 Endangered Species Act Protected Species As of June 27, 2018 the United States Fish and Wildlife Service (USFWS) lists three federally protected species for Cabarrus County (Table 2). 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 2. ESA federally protected species listed for Cabarrus County. Scientific Name Common Name Federal Status Habitat Present Biological Conclusion yotis septentrionalis Northern long-eared bat T Unknown -NLAA asmigona decorata Carolina heelsplitter* E No NE elianthus schweinitzii Schweinitz's sunflower E es E E - Endangered T - Threatened T(S/A) - Threatened due to similarity of appearance MA-NLAA - May Affect — Not Likely to Adversely Affect NE - No Effect * - Historic record (the species was last observed in the county more than 50 years ago) Northern long-eared bat USFWS Recommended Survey Window: June 1 — August 15 Biological Conclusion: May Affect — Not Likely to Adversely Affect Construction activities for this project will not take place until Endangered Species Act compliance is satisfied for NLEB. The NCDOT Division 10 Environmental Staff will be responsible for habitat assessment for the NLEB. A review of North Carolina Natural Heritage Program (NHP) records, updated August 2018, indicates no known NLEB occurrences within 1.0 mile of the study area. Based upon the guidance published by the Asheville USFWS office, the biological conclusion for Northern Long Eared Bat (NLEB) is a "may affect not likely to adversely affect" for Cabarrus County. Cabarrus County is located in the white nose syndrome area, but there are no known hibernacula or roosting trees within the county. The criteria for the 4(d) rule has been met and any associated take is exempt. Carolina heelsplitter USFWS optimal survey window: year round Biological Conclusion: No Effect Carolina heelsplitter is listed as historic occurrence within Cabarrus County. The NCDOT Division 10 Environmental Staff has determined that the site lacks sufficient habitat to support Carolina heelsplitter. Additionally, a review of the NCNHP records, updated August 2018, indicates no known Carolina heelsplitter occurrence within 1.0 mile of the study area. Schweinitz's sunflower USFWS optimal survey window: late August -October Biological Conclusion: No Effect Suitable habitat in the form of utility corridors, roadsides, and forest edge habitats occur within the study area. Surveys were conducted on August 27, 2018 within a majority of the study area. No individuals of Schweinitz's sunflower were observed within the study area. A review of North Carolina Natural Heritage Program (NCNHP) records, updated August 2018, indicated no known occurrences within 1.0 mile of the study area. 4.2 Bald 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 1.0-mile radius of the project limits, was performed on August 20, 2018 using 2015 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 August 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. 4.3 Essential Fish Habitat The National Marine Fisheries Service (NMFS) has not identified any streams within the project area as an Essential Fish Habitat. 5.0 WATER RESOURCES Water resources in the study area are part of the Yadkin River Basin [U.S. Geological Survey (USGS) Hydrologic Unit 03040105]. Two streams were identified in the study area (Table 3). The location of each stream is shown in Figure 3. Table 3. Streams in the study area NCDWR Best Usage Bank Bankfu❑ Depth Stream Name Map ID Index Classification Height width (in) Number (ft) (ft) UT to Little Bear Creek SA 13-17-31-5-1 C 2 13 6 UT2 to Little Bear Creek SB 13-17-31-5-1 C 1 2.5 2 No streams have been designated as an Outstanding Resource Water (ORW). There are no designated High Quality Waters (HQW) or water supply watersheds (WS-I or WS-II) within the study area or within 1.0 mile downstream of the study area. The North 2016 Final 303(d) list of impaired waters identifies no waters within the study area as an impaired water. Two surface waters were identified in the study area (Table 5). The location of each surface water is shown in Figure 3. Table 4. Surface waters in the study area Map ID of Area (ac) in Surface Water Jurisdictional Connection Study Area PA No N/A 0.14 TA Yes SB 0.01 6.0 REGULATORY CONSIDERATIONS 6.1 Clean Water Act Waters of the U.S. Two jurisdictional streams were identified in the study area (Table 4). The location of this stream is shown on Figure 3. North Carolina Stream Assessment Method (NCSAM) and NCDWR stream identification forms are included in a separate Preliminary Jurisdictional Determination (PJD) Package. All jurisdictional streams in the study area have been designated as warm water streams for the purposes of stream mitigation. No jurisdictional wetlands were identified in the study area. Table 5. Characteristics of jurisdictional streams in the study area Map ID Length ft. Classification Compensatory Miti ation Required River Basin Buffer SA* 184 Perennial Undetermined Not Subject SB* 135 Intermittent Undetermined Not Subject Total 319 * NCSAM forms are available in the PJD package 6.2 Construction Moratoria No streams in the study area have been identified as trout, anadromous fish, or primary nursery waters. Therefore, no construction moratorium anticipated. 6.3 N.C. River Basin Buffer Rules The project is located within the Yadkin River basin. Table 4 indicates which streams are subject to buffer rule protection. Potential impacts to protected stream buffers will be determined once a final alignment and design have been determined. 6.4 Rivers and Harbors Act Section 10 Navigable Waters No streams within the study area have been designated by the USACE as a Navigable Water under Section 10 of the Rivers and Harbors Act. 6.5 Coastal Area Management Act Areas of Environmental Concern Cabarrus County is not under the jurisdiction of the Coastal Area Management Act (LAMA). 6.6 Coastal Barrier Resources System No Coastal Barrier Resources System (CBRS) units exist within the study area. 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. 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0. Vicksburg, Mississippi Menhinick, Edward F. 1991. Freshwater Fishes of North Carolina. Charlotte: North Carolina Wildlife Resources Commission. 227 pp. NatureServe. 2010. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1. NatureServe, Arlington, Virginia. Available http://www.natureserve.org/explorer. (Accessed by NCDOT: October 19, December 14, 2010). North Carolina Department of Environmental Quality, Division of Water Resources. 2008. Basinwide Assessment Report. Yadkin River Basin. https:Hdeq.nc.gov/about/divisions/water-resources/planning/basin-planning/water- resource-plans/yadkin-pee-dee North Carolina Department of Environmental Quality, Division of Water Resources. 1999a. Internal Guidance Manual - N.C. Division of Water Quality Stream Classification Method. North Carolina Department of Environmental Quality, Division of Water resources. 2010. North Carolina Stream ID Manual Version 4.11. http://portal.ncdenr. org/web/wq/swp/ws/401 /waterresources/streamdetenninations North Carolina Department of Environmental Quality, Division of Water Resources. Water Quality Assessment and Impaired Waters List 2016 303(d) list. https:Hdeq.nc.gov/about/divisions/water-resources/planning/classification- standards/3 03 d/3 03 d-files. North Carolina Department of Environmental Quality, Division of Water Resources. NC Water Classifications by Standards. http://deq.nc.gov/about/divisions/water- resources/planning/classification-standards/classifications North Carolina Natural Heritage Program. 2001. Guide to Federally Listed Endangered and Threatened Species of North Carolina. Raleigh, NC. North Carolina Wildlife Resources Commission. North Carolina Species. http://www.ncwildlife.org/Leaming/Species.aspx. (Accessed: June 19, 2018) Schafale, M.P. and A.S. Weakley. 2012. Guide to the Natural Communities of North Carolina: Fourth Approximation. Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment and Natural Resources. Raleigh, NC. 592 pp. United States Department of Agriculture. Natural Resources Conservation Service. Soil Survey of Cabarrus County, North Carolina. United States Department of Agriculture. Natural Resources Conservation Service. Plants Database. http://plants.usda.gov/java/nameSearch United States Environmental Protection Agency. Section 10 of the Rivers and Harbors Appropriation Act of 1899. http://water.epa.gov/lawsregs/guidance/wetlands/sectIO.cfm United States Fish and Wildlife Service. 1994. Schweinitz's Sunflower Recovery Plan. Atlanta, GA. 28 pp. United States Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant Species. http://www.fws.gov/nces/ es/plant_survey.html. (Accessed by NCDOT: December 14, 2010). United States Fish and Wildlife Service. 2014. Northern Long -Eared Bat Interim Conference and Planning Guidance. USFWS Regions 2, 3, 4, 5 & 6. http://www. fws. gov/midwest/endangered/mammals/nlba/pdf/NLEBinterimGuidanc e6Jan2014.pdf. (Accessed by NCDOT: February 20, 2015.) United States Fish and Wildlife Service. Carolina heelsplitter in North Carolina. http://www.fws.gov/nc-es/mussel/carolheel.html. (Accessed by NCDOT: October 20, 2010). United States Fish and Wildlife Service. Carolina heelsplitter fact sheet. http://www. fws. gov/asheville/htmis/listedspecies/Carolina_heelsplitter. html. (Accessed by NCDOT: October 20, 2010). United States Fish and Wildlife Service. Northern Long -Eared Bat Project Planning Guidance. Asheville Ecological Services Field Office. https://www.fws.gov/asheville/htmis/project review/NLEB_in_WNC.html United States Fish and Wildlife Service. Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species, Cabarrus County, NC. https://www.fws.gov/raleigh/species/cntylist/cabarrus.html. (Accessed: August 20, 2018). United States Fish and Wildlife Service. Schweinitz's Sunflower (Helianthus schweinitzii). http://www.fws.gov/nc-es/plant/schwsun.html. (Accessed by NCDOT: December 14, 2010). Appendix A Figures Lat 35.3969/ Long-80.3856 Project Location: Cabarrus County, NC I 0 I Che �r p �tcn Rd �I I . c I v h $J , -q,7),4 ryes Rd r �� adih O, Mt Pleasant a i 010 c 2 SVI uy Sys I CO T - v I a f W S goys, x I rye � a Sources: Esri, HERE, Del-orme, USGS, Intermap, increment P Corp., NRCAN, EsrRdapan, METI, Esri China (Hong Kong), Esri (Thailand), Mapmylndia, © OpenStreetMap contributorstand the GIS User Community �oQ NORTH 049 N Figure 1: Vicinity Ma 0.5 0.25 0 0.5 Miles w E Replace Pipe # 120301 over $ �g Study Area Br. of Little Bear Creek on Hahn Rd OF TRAN9Q 7 September 2018 S Cabarrus County North Carolina USGS The National Map: National Boundaries Dataset, National Elevation Dataset, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; U.S. Census Bureau - TIGER/Line; HERE Road Data. Data Refreshed July, 2017. OQ NORTH Figure 2: USGS Map N 1,000 500 0 1,000 w E Study Area Replace Pipe # 120301 over $ Feet Br. of Little Bear Creek on Hahn Rd s Data Source: USGS TNM Topo Base Map OFTRAN9P September 2018 Mount Pleasant Quad Cabarrus County, North Carolina n r 1vt r, r^CID i' II 'u ^w i F ry Study Area Perennial Stream TOB , !� _ Pond Intermittent Stream TOB f , t' . ;! a +' Ephemeral Channel TOB 4? NCCGIA. Kok RT" °49 150 75 0 150 N Figure 3: Jurisdictional Features Map Feet w E 2015 NC Statewide Aerial Imagery Replace Pipe # 120301 over o September 2018 e Br. of Little Bear Creek on Hahn Rd P 9�NT°F TRpp15e°~ S Cabarrus County, North Carolina .i s•.. r bAkfi • -! r, • �✓w �.. i .1 tom' l .. ter• I. x - _Nl AA AN Anil i `I L Study Area i Maintained/Disturbed (4.0 ac) " r: Mesic Mixed Hardwood Forest (0.1 ac) T( "CCGIA. , "°R�" °��a� N Figure 4: Terrestrial Communities Map 150 75 0 150 I E 2015 NC Statewide Aerial Imagery Replace Pipe # 120301 over Feet September 2018 Q Br. of Little Bear Creek on Hahn Rd F� �'Y"OF THANSeO�P S Cabarrus County, North Carolina Appendix B Qualifications of Contributors Principal Investigator: Joseph Sullivan Education: M.S. Natural Resources 2011 B.S. Biology 2008 B.A. Environmental Studies 2008 Experience: Environmental Scientist, KCI Associates of NC., 2015-Present Environmental Scientist, Carolina Ecosystems Inc. 2013-2015 Ecological Technician, N.C. Dept. Cultural Resources 2009-2012 Responsibilities: Wetland and stream delineations, GPS data collection, stream assessment, natural communities assessment, T/E species assessment, document preparation Investigator: Tommy Seelinger Education: B.A. Biology, 2013 Experience: Environmental Scientist, KCI Associates of NC., 2012-Present Responsibilities: Document review