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HomeMy WebLinkAbout20200752 Ver 1_UT_LFR_NCWRC_Lttr_20200608 Ecosystem Planning and Restoration, LLC 1150 S.E. Maynard Road, Suite 140 Cary, NC 27511 Phone: (919) 388-0787 www.eprusa.net May 21, 2020 Shannon Deaton Habitat Conservation Program Manager NC Wildlife Resources Commission 1721 Mail Service Center Raleigh NC 2769 RE: UT to Little Fisher River Restoration Project Surry County, NC Dear Ms. Deaton, Ecosystem Planning and Restoration (EPR) respectfully requests review and comment from the North Carolina Wildlife Resource s Commission (NCWRC) regarding the implementation of the proposed project. This request is to comply with the Nationwide Permit general conditions and to develop the environmental documentation re quired by the proposed action. Project details are presented below. The project is located south of I-74 and accessed via Laurel Springs Church Road and Dynasty Lane in Surry County, North Carolina (Figure 1). Figure 2 depicts the project area on the United States Geologic Survey (USGS) Dobson Quadrangle, North Carolina 7.5 -minute topographic maps at 36.481708 N and -80.717953 W. Construction activities will take place within jurisdictional waterbodies requiring Section 401 and 404 permits from the NC Department of Environmental Quality (DEQ) and the US Army Corps of Engineers. The proposed project aims to address erosion and sedimentation issues and improve habitat in an unnamed tributary to the Little Fisher River and improve confluences with three other unnamed tributaries. Stream restoration and enhancement will be conducted and will include bank sloping, in-stream structure installation, bioengineering, and riparian buffer planting. As of May 2020, the USFWS lists two federally endangered species, one threatened species, and one species that is threatened due to similarity of appearance for Surry County (Table 1). A brief description of the federally protected species habitat requirements follows, along with the Biological Conclusion rendered based on field assessments of the project area. Habitat requirements are based on the current best available information. - Providing ecosystem planning and restoration services to support a sustainable environment - Table 1. Federally Protected Species for Surry County Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Myotis grisescens Gray Bat E No N/A Myotis septentrionalis Northern Long-eared Bat T Yes Compliant with 4(d) Rule Clemmys muhlenbergii Bog Turtle SAT Yes Not required Notes: E – A species in danger of extinction throughout all or a significant portion of its range. T – Threatened. A taxon likely to become endangered within the foreseeable future throughout all or a significant portion of it range. SAT - Threatened due to similarity of appearance. A species that is threatened due to similarity of appearance with another listed species and is listed for its protection. Northern long-eared bat 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 n ot 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 underneat h 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 has 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, an d along tree-lined corridors. Mature forests may be an important habitat type for foraging. Biological Conclusion: May Affect, Not Likely to Adversely Affect Forested areas suitable as roosting habitat for the NLEB exist in the study area. However , as of May 11. 2020, the USFWS does not indicate that Surry County contains any confirmed hibernation or maternity sites for the NLEB. Therefore, this project will not require incidental take and is exempted under the final 4(d) rule guidelines. In addi tion, a review of NCNHP records indicates no known NLEB occurrences within 1.0 mile of the study area. Bog turtle USFWS Recommended Survey Window: April 1 – October 1 (visual surveys); April 1- June 15 (optimal for breeding/nesting); May 1 -June 30 (trapping surveys) Habitat Description: Bog turtle habitat consists of open, groundwater supplied (spring fed), graminoid dominated wetlands along riparian corridors or on seepage slopes. These habitats are designated as mountain bogs by the North Carolina Nat ural Heritage Program, but they are technically poor, moderate, or rich fens that may be associated with wet pastures and old drainage ditches that have saturated muddy substrates with open canopies. These habitats, found between 700 and 4,500 feet above m ean sea level in the western Piedmont and mountain counties of North Carolina, often support sphagnum moss and may contain carnivorous plants. Soil types (poorly drained silt loams) from which bog turtle habitats have been found include Arkaqua, Chewacla, Dellwood, Codorus complex, Hatboro, Nikwasi, Potomac – Iotla complex, Reddies, Rosman, Tate – - Providing ecosystem planning and restoration services to support a sustainable environment - Cullowhee complex, Toxaway, Tuckasegee – Cullasaja complex, Tusquitee, Watauga, and Wehadkee. Biological Conclusion: Not Required Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. The wetland areas in the project area provide potential habitat for the bog turtle. However, they are unlikely to occur due to the fact that most of the suitable area has been used intensively by cattle for many years. In addition, a review of NC Natural Heritage Program (NCNHP) records indicates no known bog turtle occurrences within 1.0 mile of the study area. Schweinitz's sunflower USFWS Optimal Survey Window: late August -October Habitat Description: Endemic to the Piedm ont of North and South Carolina, the few sites where this rhizomatous perennial herb occurs in relatively natural vegetation are found in Xeric Hardpan Forests. The species is also found along roadside rights-of-way, maintained power lines and other utility rights-of-way, edges of thickets and old pastures, clearings and edges of upland oak-pine-hickory woods and Piedmont longleaf pine forests, and other sunny or sem i-sunny habitats where disturbances (e.g., mowing, clearing, grazing, blow downs, storms, frequent fire) help create open or partially open areas for sunlight. It is intolerant of full shade and excessive competition from other vegetation. Schweinitz’s sunflower occurs in a variety of soil series, including Badin, Cecil, Cid, Enon, Gaston, Georgeville, Iredell, Mecklenburg, Misenheimer, Secrest, Tatum, Uwharrie, and Zion, among others. It is generally found growing on shallow sandy soils with high gravel content; shallow, poor, clayey hardpans; or shallow rocky soils, especially those derived from mafic rocks. Biological Conclusion: No Effect Suitable habitat for Schweinitz’s sunflower exists in a small areas of cleared land within the project area. This area was searched for specimens in March of 2020. No individual specimens have been discovered in this area. In addition, a review of NCNHP records indicates no known occurrences of the sunflower within 1.0 mile of the study area. We thank you in adva nce for your timely response, input, and cooperation. Please contact me if you have any further questions or comments about the project. I can be reached at (828) 348- 8580 or via my email address at jbyers@eprusa.net. Sincerely, Jake Byers, PE Senior Water Resources Engineer - Providing ecosystem planning and restoration services to support a sustainable environment - Enclosures: Vicinity Map (Figure 1) USGS Map (Figure 2) IPaC Official Species List NC NHP Report [USFWS] http://www.fws.gov/midwest/endangered/mammals/nlba/nlbaFactSheet.html. (Accessed: May 11, 2020.) [NCNHP] North Carolina Natural Heritage Program. 2001. Guide to Federally Listed Endangered and Threatened Species of North Carolina. Raleigh, NC. 134 pp. [USFWS] U.S. Fish and Wildlife Service. 1994. Schweinitz’s Sunflower Recovery Plan. Atlanta, GA. 28 pp. [USFWS] Key to the Northern Long-Eared Bat 4(d) Rule for Non-Federal Activities, http://www.fws.gov/midwest/endangered/mammals/nleb/KeyFinal4dNLEB.html (March 12, 2018). ^_ Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community UT to LITTLE FISHER RIVERSTREAM RESTORATION SURRY COUNTY, NC Vicinity Map 1 inch = 2,000 feet FIGURE 1 date:APR 2020 # 0 2,000 4,0001,000 Feet ^_Project Location Project Area Stream Centerline ^_^_£¤US-52 £¤US-421 £¤US-601£¤US-21 £¤US-52-BUS £¤US-21-BUS §¨¦I-77 §¨¦I-74 Project Location Surry County, NCNorth Carolina Project Location Project Location prepared by:EPR ^_ USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; USGS Global Ecosystems; U.S. Census Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S. Department of State Humanitarian Information Unit; and NOAA National Centers for Environmental Information, U.S. Coastal Relief Model. Data refreshed February, 2020. UT to LITTLE FISHER RIVERSTREAM RESTORATION SURRY COUNTY, NC USGS MAP 1 inch = 1,000 feet FIGURE 2 date:APR 2020 # 0 1,000 2,000500 Feet ^_Project Location Project Area Stream Centerline prepared by: EPR Dobson QuadrangleNorth Carolina - Surry County7.5-Minute Series Project Location GO �o0, FOB �o� FOB co0�(t \00 �o� FOB �o� <<P.. ,e FOB \%N%O NCNHDE-12000 May 11, 2020 Amy James Ecosystem Planning and Restoration 1150 SE Maynard Rd. Suite 140 Cary, NC 27511 RE: UT to Little Fisher Stream Restoration Dear Amy James: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is found within the project area or is indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally-listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area UT to Little Fisher Stream Restoration May 11, 2020 NCNHDE-12000 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Amphibian 37344 Ambystoma talpoideum Mole Salamander 2016-05-20 E 2-High ---Special Concern G5 S2S3 No Natural Areas are Documented Within a One-mile Radius of the Project Area No Managed Areas are Documented Within a One-mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on May 11, 2020; source: NCNHP, Q2 Apr 2020. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 Powered by TCPDF (www.tcpdf.org) Page 3 of 3