20200462 Ver 1_NRTR_SupplementalInformation_ R139_04062020_20200407

NRTR Supplemental Information
NCDOT Division 10 — SR 1006 (Mount Pleasant Road) over Adams Creek
Project Number 17BP.10.R.139
G. Supplemental Information
5. Endangered Species and Critical Habitat
STV Engineers, Inc. (STV) conducted field reviews of an approximate 2.11-acre study area on
October 1, 2019. Prior to the field reviews, STV reviewed the U.S. Fish and Wildlife Service
(USFWS) and North Carolina Natural Heritage Program (NCNHP) online databases for
information related to the occurrence of federal and state protected (threatened or endangered)
species in Cabarrus County. The USFWS Raleigh Field Office online protected species database,
updated June 27, 2018, lists three federally protected species as occurring or having the potential
to occur in Cabarrus County (Table 1). As of September 19, 2019, the NCNHP lists no occurrences
of federally protected species within one mile of the study area. A brief description of each species,
including habitat requirements and physical characteristics, and biological conclusion rendered
based on surveys of the study area follow. Habitat requirements for each species are based on
current available literature and/or the USFWS.
Table 1. ESA federally protected species listed for Cabarrus County
Scientific Name
Common Name
Federal
Status
Habitat
Present
Biological
Conclusion
Helianthus schweinitzii
Schweinitz's sunflower
E
Yes
No Effect
Lasmigona decorata
Carolina heelsplitter
E
Yes
No Effect
Myotis septentrionalis
Northern long-eared bat
T
Yes
E - Endangered
T - Threatened
* May Effect - NLEB is exempt due to consistency with 4(d) rule
Schweinitz's sunflower
USFWS optimal survey window: Late August - October
Schweinitz's sunflower is a perennial herbaceous plant species limited to the Piedmont regions
and counties of North and South Carolina. The plant grows from one to two meters tall originating
from a cluster of tuberous roots. The plant's flower consists of yellow disk and ray flowers formed
on small heads less than 1.5 centimeter (cm) in diameter. The petals, or modified leaves, are two
to three cm long. The lanceolate leaves are arranged in an opposite pattern within the lower two-
thirds of the stem transitioning to alternate within the upper third. The typical habitat for
Schweinitz's sunflower includes periodically maintained roadsides and utility line rights -of -way
(R/Ws), old pastures, edges of upland woods, and other disturbed open areas. Soils associated
with suitable Schweinitz's sunflower habitat generally include thin upland soils clayey in texture
(and often with substantial rock fragments) which have a high shrink -swell capacity. Flowering
occurs from August to the first frost of the year.
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STV Environmental Scientists Brandon Phillips, C.H.M.M. and Timothy O'Halloran, W.P.I.T
conducted plant -by -plant surveys for the presence of Schweinitz's sunflowers on October 1, 2019
during the flowering season and USFWS-designated optimum survey window. Suitable habitat
was found along the SR 1006 roadside and woodland edges, but no sunflowers were observed.
Review of the NCNHP element occurrence records on September 19, 2019 revealed no
documented occurrences or populations of Schweinitz's sunflower in the study area or within 1.0
mile of the study area. Based on the literature review and field survey conducted during the
flowering season, it is determined that the project would have no effect on Schweinitz's sunflower.
Biological Conclusion: No Effect
Carolina heelsplitter
USFWS optimal survey window: March 1 — September 30
The Carolina heelsplitter is a freshwater mussel species with an ovate, trapezoid -shaped shell. The
outer surface of the species' shell is yellow -green to brown in color with green -black rays, and the
inner shell is iridescent to mottled pale orange in color. The average size (width) of the shell is 78
millimeters (mm) across. The species is found in small to large streams and rivers with cool, clean,
well -oxygenated water and silt -free bottoms. Individuals are typically found in undercuts among
buried logs and rocks along well -shaded banks stabilized with extensive tree roots. Per the
USFWS's Carolina Heelsplitter Five -Year Review: (2019), eleven populations of Carolina
heelsplitter are known to exist, three of which occur within North Carolina. Specifically, two small
remnant populations exist in Union County within the Catawba River system including one within
Waxhaw Creek and one within Sixmile Creek. Another small population is known to exist in
Union County within Goose Creek, a tributary to the Rocky River, located within the Pee Dee
River system.
A perennial stream (Adams Creek) is located within the study area. A review of the NCNHP
database on September 19, 2019, indicates no known occurrences within 1.0 mile of the study area.
The USFWS record of the Carolina heelsplitter in Cabarrus County is a historic record which
means the species has not been documented in the county in over 50 years. Due to the Carolina
heelsplitter having a historic record status only, it is determined that the project will have no effect
on the Carolina heelsplitter.
Biological Conclusion: No Effect
Northern long-eared bat
USFWS optimal survey window: June 1 — August 15
The northern long-eared bat (NLEB) is a medium-sized bat approximately three to 3.7 inches in
body length with a wingspan of nine to 10 inches. As its name suggests, this bat species is
distinguished from other species in the genus Myotis by its long ears. The range of the NLEB
consists of the eastern and north central portions of the United States including 37 states. In North
Carolina specifically, the NLEB primarily occurs in the western part of the state in the mountain
region. Only scattered occurrences have been documented in the piedmont and coastal plain
regions of the state. In western North Carolina, NLEBs spend winter hibernating in caves and
mines. During the summer, NLEBs roost singly or in colonies within trees including underneath
the bark, in cavities, or in crevices. Roosting trees can be both live and dead and are typically >
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three inches diameter at breast height in size. Males and non -reproductive females may also roost
in cooler places such as caves and mines. The NLEB has also been observed roosting in man-made
structures including barns and sheds, under eaves of buildings, behind window shutters, in bridges,
and bat houses. Foraging habitat includes forested hillsides and ridges, the airspace above
waterways, and along woodland edges. Mature forests are generally considered to an important
habitat type for foraging.
The final 4(d) rule for the NLEB went into effect February 16, 2016. Within the range of the NLEB
in North Carolina, any take of the species within a hibemaculum (breeding grounds) is prohibited
including any action that may change the nature of the hibernaculum's environment or entrance
ways. The 4(d) rule exempts incidental takes of the species for tree -cutting activities occurring
greater than 0.25-mile from a known hibemaculum or more than 150 feet from a known maternity
roost during the pup -rearing season (June 1 through July 31).
Additionally, the U.S. Army Corps of Engineers (USACE), and the USFWS developed a Standard
Local Operating Procedures for Endangered Species (SLOPES) agreement concerning potential
effects to the federally -threatened NLEB (Myotis septentrionalis). The SLOPES was signed and
became effective on January 30th, 2017. The SLOPES agreement details how the USACE will
make determinations of effect to the NLEB when the USACE is the lead federal agency for a
project and is applicable to activities regulated pursuant to Section 404 of the Clean Water Act
(CWA) and/or Section 10 of the Rivers and Harbors Act (RHA) of 1899 in the western 41 counties
of North Carolina, to include North Carolina Department of Transportation (NCDOT) non-federal
aid projects. The SLOPES is also applicable to non-NCDOT projects in the eastern 59 counties of
North Carolina.
Based on review of the USFWS Asheville Field Office's online database on October 23, 2019, no
known NLEB hibernation or maternity sites have been documented within Cabarrus County. A
review of the NCNHP records obtained on September 19, 2019 revealed no known occurrences of
NLEB within the study area or within 1.0 mile of the study area. The project may require tree
clearing or pile driving but no blasting or percussive activities are anticipated. Based on the
findings and in conforming to SLOPES procedures it has been determined that the USACE's
Alternative Local Procedure (ALP) Situation 1 would be applicable. The biological conclusion for
NLEB is May Effect, however, NLEB is exempt due to consistency with the 4(d) rule.
Biological Conclusion: May Effect - NLEB is exempt due to consistency with 4(d) rule
Bald and Golden Eagle Protection Act
The bald eagle is protected under the Bald and Golden Eagle Protection Act as regulated by the
USFWS. Habitat for the bald eagle primarily consists of mature forests found in association with
rivers and other large bodies of open water utilized for foraging. Large dominant trees, typically
located within one mile of these waters, are used as nesting sites.
Prior to conducting field reviews, a desktop-GIS assessment of the study area and an area within
a one -mile radius of the project limits was performed. Specifically, aerial photographs were
reviewed to identify any areas of potential foraging habitat. No water bodies large enough to be
considered potential foraging habitat for the bald eagle were identified within the study area or
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one -mile radius; therefore, it has been determined that no field surveys for the species are
necessary. Review of the NCNHP element occurrence records obtained on September 19, 2019
revealed no known occurrences of bald eagle within one mile of the study area. Based on the
desktop review and NCNHP element occurrence records, it is determined that the project would
have no effect on bald eagle.
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