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HomeMy WebLinkAbout20180049 Ver 2_Natural Resource Report_20200116Eno River Outfall Upgrade Argonne Site Natural Resources Report Durham County, North Carolina Prepared for: City of Durham Prepared by: 1 Glenwood Avenue, Suite 600 Raleigh, NC 27603 October 2019 Natural Resources Report Durham County, N.C. TABLE OF CONTENTS 1.0 INTRODUCTION - 2.0 WATER RESOURCES 3.0 JURISDICTIONAL ISSUES 1 1 0i 3.1 Clean Water Act Waters of the U.S.---------------------------------------------------2 3.2 Construction Moratoria------------------------------------------------------------------2 3.3 N.C. River Basin Buffer Rules ----------------------------------------------------------- 2 3.4 Rivers and Harbors Act Section 10 Navigable Waters ----------------------------- 2 3.5 Endangered Species Act Protected Species-------------------------------------------3 3.6 Bald Eagle and Golden Eagle Protection Act----------------------------------------5 3.7 Northern Long -Eared Bat Protocol----------------------------------------------------5 3.8 Endangered Species Act Candidate Species------------------------------------------5 3.9 Essential Fish Habitat---------------------------------------------------------------------5 4.0 REFERENCES--------------------------------------------------------------------------------6 LIST OF TABLES Table 1. Water resources in the study area........................................................................ 1 Table 2. Physical characteristics of water resources in the study area .............................. 1 Table 3. Jurisdictional characteristics of water resources in the study area ...................... 2 Table 4. Jurisdictional characteristics of wetlands in the study area ................................. 2 Table 5. Federally protected species listed for Durham County ........................................ 3 Appendix A Figure 1. Vicinity Map Figure 2. Project Study Area Map Figure 3. Jurisdictional Features Map SEPI, Inc. 1 October 2019 Natural Resources Report Durham County, N.C. 1.0 INTRODUCTION As part of the Eno River Outfall Upgrade, the City of Durham plans to relocate a sewer outfall pipe within the City of Durham's West Point on the Eno City Park. This area is outside of the original study area and is referred to as the Argonne Site. A vicinity map (Figure 1) and project study area map (Figure 2) are located in Appendix A. The following Natural Resources Report has been prepared to present the finding of the site investigations. METHODOLOGY AND QUALIFICATIONS A wetland and stream delineation was completed by SEPI Inc. (SEPI) biologists Robert Lepsic, PWS, and Rachel Quindlen on April 8, 2019 for the approximate 7.4-acre project study area. Potentially jurisdictional wetlands were identified by using methods as defined in the 1987 US Army Corps of Engineers (USACE) manual and the USACE Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Supplement (Version 2.0, November 2010). Jurisdictional wetland areas were marked with flagging and mapped with a GPS unit. 2.0 WATER RESOURCES Water resources in the study area are part of the Neuse River basin [U.S. Geological Survey (USGS) Hydrologic Unit Code 03020201]. One stream (UT to Eno) was identified in the study area (Table 1). The location of the water resource is shown in Figure 3 (Appendix A). The physical characteristics of this stream are provided in Table 2. Table 1. Water resources in the study area NCDEQ Index Best Usage Stream Name Map ID Number Classification WS-IV, B; UT to Eno UT to Eno 27-2-(10) NSW Table 2. Physical characteristics of water resources in the study area Bank Bankfull Water Channel Map ID Height (ft) Width (ft) Depth (in) Substrate Velocity Clarity Sand, UT to Eno 5 10 - 20 24-60 Gravel, Slow Clear Rock No ponds were identified within the study area. The UT flows through the northwest corner of the study area and joins the Eno River just north of the study area. The UT is part of the tail race used to operate the mill and is periodically impounded. Flows to operate the mill also come from the Eno River. A dam diverts flows from the Eno River into the tail race. The Eno River is designated as a Class B, WS-IV, and NSW water by the North Carolina Department of Environmental Quality (NCDEQ). There are no designated anadromous fish waters or Primary Nursery Areas (PNA) present in the study area. There are no designated High -Quality Waters (HQW) or water supply watersheds (WS-I or WS-II) within 1.0 mile downstream of the study area. The 2016 Final 303(d) list of impaired SEPI, Inc. 1 October 2019 Natural Resources Report Durham County, N.C. waters does not list the UT or the connecting section of the Eno River (reach from Orange County SR 1561 to U.S. Highway 501). 3.0 JURISDICTIONAL ISSUES 3.1 Clean Water Act Waters of the U.S. One jurisdictional stream was identified in the study area (Table 3). The location of the stream is shown on Figure 3 (Appendix A). The physical characteristics and water quality designations of the stream are detailed in Section 3.2. All streams in the study area have been designated as warm water streams for the purposes of stream mitigation. Table 3. Jurisdictional characteristics of water resources in the study area Map ID Length ft.) Classification Compensatory Mitigation Re uired River Basin Buffer UT to Eno 541 Perennial Yes Subject Total 541 Three potentially jurisdictional wetlands were identified within the study area (Figure 3). Wetland classification data is presented in Table 4. The wetland in the study area is within the Neuse River basin (USGS Hydrologic Unit Code 03020201). USACE wetland determination forms are included in Appendix B. Table 4. Jurisdictional characteristics of wetlands in the study area Map ID NCWAM Classification Hydrologic Classification Area (ac. WA Seep Riparian 0.08 WB Flood lain pool Riparian 0.01 WC Seep Riparian 0.01 3.2 Construction Moratoria There will be no construction moratoria associated with the project. Durham County is not one of the 25 designated trout counties of North Carolina, or an inland Anadromous Fish Spawning Areas (AFSA). 3.3 N.C. River Basin Buffer Rules Streamside riparian zones within the study area are protected under provisions of the Neuse River Buffer Rules administered by the NC Division of Water Resources (NCDWR). Table 3 indicates that the jurisdictional stream, UT to Eno, is subject to buffer rule protection. The Eno River is not located in the Study Area. However, it is subject to the Neuse River Buffer rules, which extend into the study area. 3.4 Rivers and Harbors Act Section 10 Navigable Waters No features within the study area have been designated by the USACE as a Navigable Water under Section 10 of the Rivers and Harbors Act. SEPI, Inc. 2 October 2019 Natural Resources Report Durham County, N.C. 3.5 Endangered Species Act Protected Species As of October 5, 2018, the United States Fish and Wildlife (USFWS) lists four federally protected species and three species proposed for protection for Durham County (Table 5). A brief description of each species' habitat requirements follows, along with the Biological Conclusion rendered based on survey results in the study area. Habitat requirements for each species are based on the current best available information from referenced literature and/or USFWS. Table 5. Federally protected species listed for Durham Count . Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Haliaeetus leucoce halus Bald eagle BGPA N No Effect Alasmidonta heterodon Dwarf wedgemussel E Y No Effect Rhus michauxii Michaux's sumac E Y No Effect Echinacea laevi ata Smooth coneflower E N MA-NLAA Noturus uriosus Carolina madtom PE N No Effect Necturus lewisi Neuse River waterdog PT N No Effect Fusconaia masoni Atlantic pigtoe PT N No Effect BGPA — Bald and Golden Eagle Protection Act E — Endangered PT— Proposed Threatened PE — Proposed Endangered MA-NLAA — May Affect — Not Likely to Adversely Affect Dwarf wedgemussel USFWS optimal survey window: Year-round Habitat Description: The dwarf wedge mussel lives on muddy sand, sand, and gravel bottoms in creeks and rivers of varying sizes, in areas of slow to moderate current and little silt deposition. In the southern portion of its range, it is often concentrated in areas along logs or in root mats. The Eno River to the north of the Site provides habitat for the dwarf wedgemussel. However, the river is outside of the study area and will not be impacted by the realignment. NC Natural Heritage Program (NCNHP) records generated on October 9, 2018 documented no occurrences of dwarf wedgemussel within 1 mile of the study area. Therefore, the biological conclusion is No Effect. Biological Conclusion: No Effect Michaux's sumac USFWS optimal survey window: May - October Habitat Description: Michaux's sumac most commonly grows on highway rights -of way, roadsides, or on the edges of artificially maintained clearings. NCNHP records generated on October 9, 2018 documented zero occurrences of Michaux's sumac within 1 mile of the study area. However, habitat does exist within the study area. A survey for Michaux's sumac was performed on April 10, 2018 and no species were found. Therefore, the biological conclusion is No Effect. SEPI, Inc. 3 October 2019 Natural Resources Report Durham County, N.C. Biological Conclusion: No Effect Smooth coneflower USFWS optimal survey window: late May - October Habitat Description: Optimal habitat for the Smooth coneflower consists of periodically disturbed woods/roadside areas with abundant sunlight available. Habitat for the Smooth coneflower does exist within the study area. NCNHP records generated on October 9, 2018 documented one occurrences of the smooth coneflower within 1 mile of the study area. Additionally, a survey for smooth coneflower was performed on April 10, 2018 and no individuals were found. Therefore, the biological conclusion for this species is May Affect — Not Likely to Adversely Affect. Biological Conclusion: May Affect — Not Likely to Adversely Affect Carolina madtom USFWS optimal survey window: Year-round Habitat Description: Habitat for Carolina madtom consists of medium to large flowing streams of moderate gradient in both the Piedmont and Coastal Plain physiographic regions in the Neuse and Tar River basins. Stream substrate composition of leaf litter, sand, gravel, and small cobble are preferred. The Eno River to the north of the Site provides habitat for the Carolina madtom. However, the river is outside of the study area and will not be impacted by the realignment. NCNHP records generated on October 9, 2018 documented no occurrences Carolina madtom within 1 mile of the study area. Therefore, the biological conclusion for this species is No Effect. Biological Conclusion: No effect Neuse River waterdog USFWS optimal survey window: Year round Habitat Description: The Neuse River waterdog is a permanently aquatic salamander species endemic to the Tar -Pamlico and Neuse River drainages in North Carolina. The species occurs in riffles, runs, and pools in medium to large streams and rivers with moderate gradient in both the Piedmont and Coastal Plain physiographic regions. The Eno River to the north of the Site provides habitat for the Neuse River waterdog. However, the river is outside of the study area and will not be impacted by the realignment. NCNHP records generated on October 9, 2018 documented no occurrences of Neuse River waterdog within 1 mile of the study area. Therefore, the biological conclusion for this species is No Effect. Biological Conclusion: No Effect Atlantic pigtoe USFWS optimal survey window: Year-round Habitat Description: Atlantic pigtoe prefer creeks and rivers with excellent water quality, and gravel and coarse sand substrates. Because this species prefers more pristine conditions, it typically occurs in headwaters of rural watersheds. The Eno River to the north SEPI, Inc. 4 October 2019 Natural Resources Report Durham County, N.C. of the Site provides habitat for the Atlantic pigtoe. However, the river is outside of the study area and will not be impacted by the realignment. NCNHP records generated on October 9, 2018 documented no occurrences of Atlantic pigtoe within 1 mile of the study area. Therefore, the biological conclusion for this species is No Effect. Biological Conclusion: No Effect 3.6 Bald Eagle and Golden Eagle Protection Act Habitat for the bald eagle primarily consists of mature forest 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. Bodies of water typically need to be at least 2 acres or larger to be able to support a population of Bald Eagle. A desktop-GIS assessment of the project study area, as well as the area within a 1-mile radius of the project limits, was performed on April 19, 2019, using 2017 color aerials. The Eno River and a quarry lake approximately 0.8 miles to the east are large enough to support Bald Eagle foraging. The Bald Eagle survey area designated by U.S. Fish and Wildlife is a 660 foot buffer around the study area. Land use within and in the 660 feet surrounding the study area is highly urbanized and significantly disturbed. Additionally, a review of the NCNHP database on April 10, 2019, 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. 3.7 Northern Long -Eared Bat Protocol Durham County is not listed as a Northern long-eared bat (NLEB) county by the USFWS Raleigh Ecological Services Field Office. NCNHP records generated on October 9, 2018 documented zero occurrences of NLEB within 1 mile of the study area. 3.8 Endangered Species Act Candidate Species As of October 25, 2018, the USFWS lists no candidate species for Durham County. 3.9 Essential Fish Habitat There is no Essential Fish Habitat located within the project study area. Essential Fish Habitat will not be impacted or effected. SEPI, Inc. 5 October 2019 Natural Resources Memorandum Durham County, N.C. 4.0 REFERENCES [NCDWR] North Carolina Division of Water Resources. NC Surface Water Classifications [web application]. https://ncdenr.maps.arcgis.com/gpps/webgppviewer/index.html?id=6e 125ad7628f 494694e259c80dd64265. (Accessed on April 11, 2019) Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, U. S. Army Engineer Waterways Experiment Station. Vicksburg, Mississippi. NatureServe. 2017. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1. NatureServe, Arlington, Virginia. Available http://www.natureserve.org/explorer. (Accessed: April 11, 2019). N.C. Department of Environment and Natural Resources, Division of Water Quality. Water Quality Assessment and Impaired Waters List (2016 Final 303(d) list. https:Hfiles.nc.gov/ncdeq/Water%2OQuality/Planning/TMDL/303d/2016/2016 N C_Category 5 303d_list.pdf United States Department of Agriculture (USDA), Natural Resources Conservation Service (MRCS). 1976. Soil Survey of Durham County, North Carolina. United States Department of Agriculture (USDA), Natural Resources Conservation Service (MRCS). 1998. Hydrologic Units -North Carolina (metadata). Raleigh, North Carolina. United States Army Corps of Engineers (USACE). 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0, ed. Eastern Mountains and Piedmont Regional Working Group: U.S. Army Engineer Research and Development Center. U.S. Fish and Wildlife Service (USFWS). Threatened and Endangered Species in North Carolina: Durham County. Updated October 5, 2018. hLtps://www.fws.gov/raleigh/species/cptylist/durham.html. U.S. Fish and Wildlife Service (USFWS). Bald Eagle (Haliaeetus leucocephalus) https://www.fws. gov/birds/management/managed-species/bald-and-golden-eagle- information.php. (Accessed: April 11, 2019). U.S. Fish and Wildlife Service (USFWS). Dwarf wedgemussel (Alasmidonta heterodon) https://www.fws.gov/raleigh/species/es_dwarf wedgemussel.html. (Accessed: April 19, 2019). U.S. Fish and Wildlife Service (USFWS). Michaux's Sumac (Rhus michauxii) https://www.fws. ov�gh/species/es_michauxs_sumac.html (Accessed: April 19, 2019). SEPI, Inc. 6 October 2019 Natural Resources Memorandum Durham County, N.C. U.S. Fish and Wildlife Service (USFWS). Smooth coneflower (Echinacea laevigata) https://www.fws.gov/raleigh/species/es_smooth_ coneflower.html. (Accessed: April 19, 2019). United States Geological Survey (USGS). 2016. Northwest Durham, North Carolina, Topographic Quadrangle (7.5-minute series). U.S. Fish and Wildlife Service (USFWS). Atlantic pigtoe (Fusconaia masoni). hLtps://www.fws.gov/southeast/wildlife/mussels/atlantic-pigtoe/ 84 FR 23644. Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Neuse River Waterdog and Endangered Species Status for Carolina Madtom and Proposed Designations of Critical Habitat https://www.federalre ig ster.gov/documents/2019/05/22/2019-10379/endan eg red- and-threatened-wildlife-and-plants-threatened-species-status-with-section-4d- rule-for (Accessed: October 15, 2019). SEPI, Inc. 7 October 2019 Natural Resources Memorandum Durham County, N.C. Appendix A Figures SEPI, Inc. 8 October 2019 d t`t�r;ty R Rry er Project Vicinity Forest Park ?,d 6. P 0 0 a �r Argonne Dr aye CITY OF DURHAM Figure 1 Project Vicinity Eno River Outfall Phase I I -Argonne Site Durham County, Durham NC April 2019 Legend °1I` Study Area F T m C Q Q' 501 N 0 500 1,000 2,000 Feet 1 Legend L_J Study Area 4� �n 4: 10100� -"�4 V i #. Cop right:® 2013 Nati�'o al Geographic Society, i-cubed This Exhibit is for planning purposes only and shown herein does not meet NC 47-30 Requirements and Figure 2. Study Area Map therefore is not for design, construction, or recording or transfer of title. The Exhibit was compiled from available information obtained from the sources listed below. Eno River Outfall Phase II -Argonne Site Sources, N City Durham S E P I NCDOT, NC OneMap, ESRI Durham County, North Carolina April 2019 11 0 200 400 800 CITY OF Feet DURHAM " 1 f u�Legend Alt Study Area . i Jurisdictional 1' I ,vm*mr :._.._ ��' � ! g. ,� �,� tuom, •''�`,�� • r ` � ;,�, ,;�.� 11WL ,! ��/rat t•i .r • 7 7\ i. l' l' t tr 1"y�{S` / Or _•' �i A � ;tie .'�Yfi- t. -`' A��,f'". • ,I � ,�, � T _ i T p'�0��90 IfC��".E@ �Do oo-o9OOo p, Eult§W Q@WmMDg§,QHIEVAJ&j@D o