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HomeMy WebLinkAbout20191336 Ver 2_NRTM_20200413PAT McCRORY Governor NICHOLAS J. TENNYSON Secretary Transportation April 21, 2017 MEMO TO: FROM: SUBJECT: Trish Beam, Division 12 Environmental Supervisor Jeffrey Wyatt, Division 12 Environmental Specialist Natural Resources Technical Memo 1.0 INTRODUCTION The North Carolina Department of Transportation (NCDOT) proposes to replace bridge number 57 on SR - 1248 (South Fork Road) over South Fork Catawba River (1713P.12.R.104) in Lincoln County (Figure 1). 2.0 PHYSICAL RESOURCES The study area lies in the piedmont physiographic region of North Carolina and makes a long rectangle covering the bridge that runs along the road for approximately 300ft and is 50ft wide. The study area consists of a 50ft distance upstream and 50ft downstream and 100ft in both directions from the ends of the bridge. (Figure 2). Topography in the project vicinity is comprised of gently rolling hills with narrow, level floodplains along streams. Elevations in the study area are approximately 840ft - 860 ft. above sea level. Land use in the project vicinity consists primarily of forested and agricultural areas, interspersed with residential and commercial development roadways. 2.1 Water Resources Water resources in the study area are part of the Catawba River basin [U.S. Geological Survey (USGS) Hydrologic Unit 03050102]. One stream was identified in the study area (Table 1). The location of each water resource is shown in Figure 2. The physical characteristics of this stream is provided in Table 2. Table 1. Water resources in the study area NCDWQ Index Best Usage Stream Name Map ID Number Classification South Fork Catawba South Fork 11-129-(3.7) WS-IV River Catawba River Nothing Compares!. State of North Carolina I Department of Transportation I Division of Highways — Division 12 1710 East Marion Street I P.O. Box 47 I Shelby, NC 28151-0047 704 480 9020 T Table 2. Physical characteristics of water resources in the study area Map ID Bank Bankful Water Channel Velocity Clarity Height (ft) Width (ft) Depth (in) Substrate South Fork Sand, Catawba 10 180 54 Gravel, Fast Clear River Cobble No wetlands or other surface waters were identified within the project Study Area. 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. 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 this stream is shown on Figure 2. USACE and NCDWR stream delineation forms are included in Appendix A. The physical characteristics and water quality designations of each jurisdictional stream are detailed in Section 2.1. All jurisdictional streams in the study area have been designated as cool water streams for the purposes of stream mitigation. Table 3. Jurisdictional characteristics of water resources in the study area Compensatory River Basin Map ID Length (ft.) Classification Mitigation Required Buffer South Fork Catawba 100 Perennial Yes Not Subject River Total 100 No jurisdictional wetlands were identified within the study area (Figure 2). 3.2 Clean Water Act Permits The proposed project has been designated as a Categorical Exclusion (CE) for the purposes of National Environmental Policy Act (NEPA) documentation. As a result, a Nationwide Permit (NWT) 3 will likely be applicable. A Nationwide permit No. 33 may also apply for temporary construction activities such as stream dewatering, work bridges, or temporary causeways that are often used during bridge construction or rehabilitation. The USACE holds the final discretion as to what permit will be required to authorize project construction. If a Section 404 permit is Nothing Compares!. State of North Carolina I Department of Transportation I Division of Highways — Division 12 1710 East Marion Street I P.O. Box 47 I Shelby, NC 28151-0047 704 480 9020 T required, then a Section 401 Water Quality Certification (WQC) from the NCDWQ will be needed. 3.3 Endangered Species Act Protected Species As of April 2, 2015, the United States Fish and Wildlife Service (USFWS) list three federally protected species for Lincoln County (Table 4). 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 or from the referenced literature and/or USFWS. Table 4. Federally protected species listed for Lincoln County. Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Rhus michauxii Michaux's sumac * E Yes No Effect Hexastylis naniflora Dwarf -flowered heartleaf T Yes No Effect Myotis septentrionalis Northern long-eared bat T Yes MA;NLAA E — Endangered; T — Threatened; ML;NLAA — May affect, not likely to adversely affect; * - Historic record (the species was last observed in the county more than 50 years ago) Michaux's sumac (Rhus michauxii) USFWS optimal survey window: May -October Habitat Description: Michaux's sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy or rocky, open, upland woods on acidic or circumneutral, well -drained sands or sandy loam soils with low cation exchange capacities. The species is also found on sandy or sub- mesic loamy swales and depressions in the fall line Sandhills region as well as in openings along the rim of Carolina bays; maintained railroad, roadside, power line, and utility rights -of way; areas where forest canopies have been opened up by blowdowns and/or storm damage; small wildlife food plots; abandoned building sites; under sparse to moderately dense pine or pine/hardwood canopies; and in and along edges of other artificially maintained clearings undergoing natural succession. In the central Piedmont, it occurs on clayey soils derived from mafic rocks. The plant is shade intolerant and, therefore, grows best where disturbance (e.g., mowing, clearing, grazing, and periodic fire) maintains its open habitat. Biological Conclusion: No Effect An April 21, 2017 survey of the NCNHP database indicated there are no occurrences of Michaux's sumac within a one -mile radius of the project site; the nearest reported current occurrence is approximately 38 miles to the southeast. An on -site investigation on January 24, 2017 indicated there was potentially suitable habitat for Michaux's sumac in the form of cleared NCDOT right-of-ways and fence lines but no species were observed. Also, a review of the soils in the Study Area revealed Pacolet sandy loam, a well -drained loam which exhibit characteristics that have been known to support Michaux's sumac. Multiple transects were surveyed but no plants were observed, therefore this project will have no effect on Michaux's sumac. Nothing Compares!. State of North Carolina I Department of Transportation I Division of Highways — Division 12 1710 East Marion Street I P.O. Box 47 I Shelby, NC 28151-0047 704 480 9020 T Dwarf -flowered heartleaf (Hexastylis naniflora) USFWS Optimal Survey Window: March -May Habitat Description: Dwarf -flowered heartleaf (DFH) is endemic to the western Piedmont and foothills of North and South Carolina. This herbaceous evergreen is found in moist to rather dry forests along bluffs; boggy areas next to streams and creek heads; and adjacent hillsides, slopes, and ravines. Requiring acidic, sandy loam soils, the species is found in soil series such as Pacolet, Madison, and Musella, among others. Occurrences are generally found on a north facing slope. Undisturbed natural communities such as Piedmont/Coastal Plain Heath Bluff, Dry-Mesic Oak Hickory Forest, and Mesic Mixed Hardwood Forest hold the most viable occurrences. However, less viable remnant occurrences are found in disturbed habitats, including logged, grazed, mown, and residential/commercial developed lands; areas converted to pasture, orchards, and tree plantations; roadside rights -of -way; and on upland slopes surrounding manmade ponds or lakes. Biological Conclusion: No Effect An on -site investigation for potential habitat was conducted on January 24, 2017 and was found to contain suitable habitat. An April 21, 2017 survey of the NC Natural Heritage Program database indicated occurrences of the DHF within the study area. The last observed date of these occurrences was in 2016 by NC Natural Heritage Program biologist. An on -site investigation for DFH plants was conducted on April 22, 2017 and April 25, 2017 during the blooming season. DFH plants were located during both on -site investigations. NCDOT will make a commitment to avoid all areas that contain habitat for the DFH. Northern Long -Eared Bat (Myotis septentrionalis) USFWS Recommended Survey Window: June 1 — August 15 Habitat Description: In North Carolina, the Northern long-eared bat (NLEB) occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. Since this species is not known to be a long- distance migrant and caves and subterranean mines are extremely rare in eastern North Carolina, it is uncertain whether or where NLEB hibernate in eastern North Carolina. During the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically >3 inches dbh). Males and non -reproductive females may also roost in cooler places, like caves and mines. This bat also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. Biological Conclusion: May Affect; Not Likely to Adversely Affect During field investigations on January 25, 2017 Bridge #57 was assessed for suitable bat habitat. The bridge was found to contain suitable habitat however no bat evidence was observed (See attached Bat Habitat Assessment Form). Additionally, no impacts to potentially suitable roosting trees were observed within the study area. The Natural Heritage Program records document the Nothing Compares!. State of North Carolina I Department of Transportation I Division of Highways — Division 12 1710 East Marion Street I P.O. Box 47 I Shelby, NC 28151-0047 704 480 9020 T nearest Northern Long -Eared Bat location approximately 23 miles northwest of the proposed project area. The closest listed underground mine/cave, per NHP database is an abandoned well shaft by Ka-Mi-Tin Concentrating Company, 0.2 miles southeast of the project site. 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 3.4 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. 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 January 23, 2017 using 2010 color aerials. The South Fork Catawba River is large enough and sufficiently open to be considered a potential feeding source. Additionally, large trees suitable for nesting occur adjacent to the project site. A review of the NCNHP database on April 21, 2017 revealed no known occurrences of this species within 1.0 mile of the project study area. A survey of the study area on January 23, 2017 and April 21, 2017 did not reveal any bald eagle nests within 660 feet of the study area. Due to the lack of nearby known occurrences, the lack of observed nests, and minimal impact anticipated for this project, it has been determined that this project will not affect this species. Nothing Compares!. State of North Carolina I Department of Transportation I Division of Highways — Division 12 1710 East Marion Street I P.O. Box 47 I Shelby, NC 28151-0047 704 480 9020 T