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HomeMy WebLinkAbout20201285 Ver 1_Pre-Filing Meeting Request_20200924ID#* 20201285 Version* 1 Regional Office* Raleigh Regional Office - (919) 791-4200 Reviewer List* Stephanie Goss Pre -Filing Meeting Request submitted 9/24/2020 ....................................................................................................................................................................................................................................................... Contact Name * Bob Lepsic Contact Email Address* blepsic@sepiinc.com Project Name* Arbor Creek Greenway Project Project Owner* Town of Holly Springs Project County* Wake Owner Address: Street Address Town of Holly Springs Address Line 2 PO Box 8 aty State / Province / Fegion Holly Springs NC Postal / Zip Code Country 27540 United States Is this a transportation project? * r Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express r- Individual Permit F Modification r- Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No Please list all existing project ID's associated with this projects.* NBRRO#20-098; SAW-2020-00572 Do you know the name of the staff member you would like to request a meeting with? No Please give a brief project description below.* The Town of Holly Springs wants to construct a greenway within the easement south of Sunset Lake Road and north of Holly Springs Road. The approximately 136-acre project study area consists of forested areas along a large stream feature, Middle Creek, adjacent to a sewer -line easement. Please give a couple of dates you are available for a meeting. Please attach the documentation you would like to have the meeting about. 20200423142712049.pdf 1.28MB Arbor Creek NRTR.pdf 4.6MB pdF only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature z5p,&��4"dam Submittal Date 9/24/2020 Reviewer Meeting Request Decision Has a meeting been scheduled?* r Yes r No ROY COOPER Governor MICAEL S. REGAIN se'retary S. DANIEL SMITH Director John Schifano, Town Attorney Town of Holly Springs PO Box 8 Holly Springs, NC 27540-0008 NORTH CAROLINA Environmental Quality April 16, 2020 Subject: Surface Water Determination Letter NBRRO#20-098 Wake County Determination Type: Buffer Call Isolated or EIP Call ® Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Ephemeralllnterrnittent/Perenniai Determination El Jordan (15A NCAC 2B .0267) El Isolated Wetland Determination Project Name: Arbor Creek Green Location/Direct The projected area is at 4300 Sunset Lake Road in Holly Springs, Wake ions: County (136-acre area between Sunset Lake Road and Holly Springs Road) Subject Stream: UTs to Middle Creek Determination Date: 4/16/2020 Staff: Cheng Zhang Stream E/I/P* Not Subject to Buffers Subject to Buffers Start a Stop@ Soil Survey USGS To o SA** P X X X SB I X X Sc I X X SB2 I X Confluence of SB and SC DWR flag (SB2- 04) X SB2 I DWR flag SB2-05 X SD P X X SF P X X X Pond A X X X SY E X X SG P X X X SP P X X X SI I X X S<I P X X X SK P X X 5Z E X X North Carolina Department ofEnv tronn€etital Qualitti I Divisio€i or water Resources italeigh IIec3lonal Of `ise 13800 i3at rett Drive I Raleigh: North C<3r�lina �7�U9 i1FF i9 tifnr!:anti,vY.Y9:d.lo 919,79J,4200 *E111P = Ephemeral/,intermittent/Perennial * *Middle Creek ***Features within the vicinity of the project area that are not evaluated in this letter are on the opposite side of Middle Creek -with the proposed greenway and will not be impacted by the project. Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director, An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing If sending via US Postal Service c/o Paul Wojoslti DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.) Paul Wojos1tiD1VR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Cheng Zhang at (919) 791-4259. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources cc: RRO DWR File Copy Bob Lepsic, SEPI (electronic copy only) • r It 1 u .. rC `,.-. DRAFT Natural Resources Memo Arbor Creek Greenway Project Wake County, North Carolina Prepared for: Town of Holly Springs Prepared by: 1 Glenwood Avenue, Suite 600 Raleigh, NC 27603 June 2020 Natural Resources Memorandum Town of Holly Springs, Wake County, N.C. TABLE OF CONTENTS 1.0 INTRODUCTION----------------------------------------------------------------------------2 2.0 WATER RESOURCES----------------------------------------------------------------------2 3.0 JURISDICTIONAL ISSUES---------------------------------------------------------------4 3.1 Clean Water Act Waters of the U.S.---------------------------------------------------4 3.2 Coastal Area Management Act Areas of Environmental Concern -------------- 5 3.3 Construction Moratoria------------------------------------------------------------------5 3.4 N.C. River Basin Buffer Rules ----------------------------------------------------------- 5 3.5 Rivers and Harbors Act Section 10 Navigable Waters ----------------------------- 5 3,6 Wetland and Stream Mitigation--------------------------------------------------------5 3.6.1 Avoidance and Minimization of Impacts ------------------------------------------- 5 3.6.2 Compensatory Mitigation of Impacts ----------------------------------------------- 6 3.7 Endangered Species Act Protected Species-------------------------------------------6 3.8 Bald Eagle and Golden Eagle Protection Act -------------------------------------- 10 3.9 Endangered Species Act Candidate Species ---------------------------------------- 11 3.10 Essential Fish Habitat------------------------------------------------------------------- 11 4.0 CULTURAL AND HISTORIC RESOURCES --------------------------------------- 11 5.0 REFERENCES Appendix A Figure 1. Vicinity Map Figure 2. Jurisdictional Features Map Figure 3. USGS Quad Map Figure 4. Natural Communities Map Appendix B NCDWR Surface Water Determination Letter (NBRRO #20-098) NCSHPO Review Letter (ER 20-0773) Appendix C Aquatic Survey Report LIST OF TABLES Table 1. Streams in the project study area .................................................... Table 2. Surface waters in the study area ..................................................... Table 3. Jurisdictional characteristics of streams in the project study area.. Table 4. Jurisdictional characteristics of wetlands in the project study area Table 5. Federally protected species listed for Wake County ...................... 12 3 4 4 5 6 SEPI 1 June2020 Natural Resources Memorandum Town of Holly Springs, Wake County, N.C. 1.0 INTRODUCTION The Town of Holly Springs plans to construct a greenway trail between Sunset Lake Road and Holly Springs Road in Wake County, North Carolina (Figure 1). The following Natural Resources Memorandum has been prepared to comply with federal and state environmental regulations. The project study area is primarily composed of the wooded floodplain of Middle Creek with a few maintained utility line crossings. METHODOLOGY AND QUALIFICATIONS A wetland and stream delineation was completed by SEPI biologists Anna Reusche, PWS, Robert Lepsic, PWS, and Rachel Quindlen on March 3-5, 9-12 and 16, 2020 for the approximate 136-acre project study area. Potentially jurisdictional wetlands were identified by using applicable methods as defined in the 1987 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). Stream determinations were completed in accordance with the USACE Regulatory Guidance Letter No. 05-05, Ordinary High Water Mark Identification for Streams and NCDWR's Stream Identification Manual (Version 4.11, 2010). Jurisdictional streams and wetland areas encountered during the site assessment were marked sequentially with flagging and a GPS point with sub -meter accuracy was taken at each flag. A surface water determination meeting with NCDWR was conducted on April 16, 2020 at the site. The Surface Water Determination Letter (NBRRO #20-098) is attached. A field determination meeting with the USACE was held on June 4, 2020. Streams and wetlands presented in this report reflect the results of this meeting. 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]. Seventeen streams were identified in the project study area (Figure 2). Middle Creek flows through or immediately adjacent to the study area. All other tributaries are located within Middle Creek's floodplain and now into Middle Creek. The streams and their physical characteristics are provided in Table 1. Middle Creek is designated as a Class C 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 project study area. The NCDEQ 2018 Final 303(d) list of impaired waters lists Middle Creek 27-43-15-(1)bl and 27-43-15-(1)b2 which is within the study area for benthos and fecal coliform. SEPI 2 June 2020 Natural Resources Memorandum Town of Holly Springs, Wake County, N.C. Table 1. Streams in the project study area Stream NCDEQ Best Usage Bank Bankfull Water Name Map ID Index Classification Height Width Depth Number ft ft in Middle Creek Middle 27-43-15-(1) C; NSW 6 10-15 2-36 Creek SA UT to Middle SB 27-43-15-(1) C; NSW 3-4 4-6 8-16 Creek UT to Middle SB1 27-43-15-(1) C; NSW 1-2 3-4 5-15 Creek UT to Middle SB2 27-43-15-(1) C; NSW 1-3 3-5 5-20 Creek UT to Middle SC 27-43-15-(1) C; NSW 1-1.5 4-6 3-8 Creek UT to Middle SD 27-43-15-(1) C; NSW 2-5 3-8 3-20 Creek UT to Middle SE 27-43-15-(1) C; NSW 1-1.5 1-3 1-8 Creek UT to Middle SF 27-43-15-(1) C; NSW 2-4 6-10 5-25 Creek UT to Middle SG 27-43-15-(1) C; NSW 1 3-6 1-2 Creek UT to Middle SH 27-43-15-(1) C; NSW 0.5-1.5 1-4 1-25 Creek UT to Middle SI 27-43-15-(1) C; NSW 3-4 3-10 5-15 Creek UT to Middle SJ 27-43-15-(1) C; NSW 4-6 5-10 1-24 Creek UT to Middle SK 27-43-15-(1) C; NSW 2-4 3-6 2-30 Creek UT to Middle SL 27-43-15-(1) C; NSW 2-3 3-4 2-12 Creek UT to Middle SM 27-43-15-(1) C; NSW 1-2 2-3 1-15 Creek UT to Middle SN 27-43-15-(1) C; NSW 0.5-1 2-5 1-6 Creek UT to Middle SO 27-43-15-(1) C; NSW 1-2 4-5 2-10 Creek UT to Middle SP 27-43-15-(1) C; NSW 0.5 2-5 1-12 Creek One pond (PA) was identified within the project study area. The pond is an impoundment of SF (Table 2). SEPI 3 June2020 Natural Resources Memorandum Town of Holly Springs, Wake County, N.C. Table 2. Surface waters in the study area Map ID of Area (ac) in Surface Water Jurisdictional Connection Study Area PA Yes Stream SF 2.91 3.0 JURISDICTIONAL ISSUES 3.1 Clean Water Act Waters of the U.S. Seventeen potentially jurisdictional streams were identified in the project study area (Table 3 and Figure 2). All streams in the project study area have been designated as warm water streams for the purposes of stream mitigation. The study area is located in the Neuse River basin, and therefore is subject to the Neuse River buffer rules administered by NCDWR. Table 2. Jurisdictional characteristics of streams in the project study area Map ID Length (ft.) Classification Compensatory Mitigation Required River Basin Buffer* SA 10,557 Perennial Yes Subject SB 520 Intermittent Yes Subj ect SB 1 299 Intermittent Yes Not Subject SB2 843 Intermittent Yes Subj ect SC 272 Intermittent Yes Sub' ect SD 47 Perennial Yes Subj ect SE 123 Intermittent Yes Not Subject SF 867 Perennial Yes Subj ect SG 587 Perennial Yes Subj ect SH 226 Intermittent Yes Not Subject SI 716 Intermittent Yes Sub' ect Si 578 Perennial Yes Subj ect SK 1,085 Perennial Yes Subj ect SM 215 Perennial Yes Not Subject SN 267 Intermittent Yes Not Subject SO 313 Intermittent Yes Not Subject SP 814 Perennial Yes Sub i ect Total 18,329 *Based on NCDWR Surface Water Determination Letter, NBRRO#20-098 Eleven potentially jurisdictional wetland were identified within the project study area (Figure 2). North Carolina Wetland Assessment Methodology (NCWAM) classification and hydrologic classification data is presented in Table 4. SEPI 4 June2020 Natural Resources Memorandum Town of Holly Springs, Wake County, N.C. Table 3. Jurisdictional characteristics of wetlands in the nroiect studv area Map ID NCWAM Classification Hydrologic Classification Area (ac.) WA Bottomland Hardwood Forest Riparian 2.75 WB Bottomland Hardwood Forest Riparian 0.91 WC Bottomland Hardwood Forest Riparian 0.37 WD Bottomland Hardwood Forest Riparian 6.76 WE Non -Tidal Freshwater Marsh Riparian 0.11 WF Bottomland Hardwood Forest Riparian 0.12 WG Bottomland Hardwood Forest Riparian 0.02 WH Headwater Forest Riparian 2.11 WI Headwater Forest Riparian 0.12 WJ Bottomland Hardwood Forest Riparian 1 47.19 WK Bottomland Hardwood Forest Riparian 1 7.84 3.2 Coastal Area Management Act Areas of Environmental Concern Wake County is not subject to Coastal Area Management regulations. 3.3 Construction Moratoria There will be no construction moratoria associated with the project. Wake County is not one of the 25 designated trout counties of North Carolina. There are no designated inland Anadromous Fish Spawning Areas (AFSA) within 25 miles of the study area. Middle Creek at the confluence with the Neuse River is designated AFSA by the NC Wildlife Resources Commission (NCWRC). 3.4 N.C. River Basin Buffer Rules Streamside riparian zones within the project study area are protected under provisions of the Neuse River Buffer Rules administered by NCDWR. Table 3 indicates the streams subject to buffer rule protection. 3.5 Rivers and Harbors Act Section 10 Navigable Waters No features within the project study area have been designated by the USACE as a Navigable Water under Section 10 of the Rivers and Harbors Act. 3.6 Wetland and Stream Mitigation 3.6.1 Avoidance and Minimization of Impacts The Town of Holly Springs will attempt to avoid and minimize impacts to streams and wetlands to the greatest extent practicable in choosing a preferred alternative and during project design. At this time, no final decisions have been made regarding the location or design of the preferred alternative. SEPI 5 June2020 Natural Resources Memorandum Town of Holly Springs, Wake County, N.C. 3.6.2 Compensatory Mitigation of Impacts The Town of Holly Springs will investigate potential on -site stream and wetland mitigation opportunities once a final decision has been rendered on the location of the preferred alternative. If on -site mitigation is not feasible, mitigation could be purchased from an approved mitigation bank to offset stream impacts. If no credits are available through an existing mitigation bank, mitigation could be purchased through North Carolina Department of Environmental Quality's Division of Mitigation Services (NCDMS). 3,7 Endangered Species Act Protected Species As of June 27, 2018, the United States Fish and Wildlife Service (USFWS) lists nine federally protected species for Wake 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 4. Federally protected species listed for Wake Countv. Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Notropis mekistocholas Cape Fear shiner E N No Effect Picoides borealis Red -cockaded woodpecker E Y MA-NLAA Noturus furiosus Carolina madtom PE Y MA-NLAA Necturus lewisi Neuse River waterdog PT Y MA-NLAA Fusconaia masoni Atlantic pigtoe PT Y MA-NLAA Alasmidonta heterodon Dwarf wedgemussel E Y MA-NLAA Parvaspina steinstansana Tar River spinymussel E Y MA-NLAA Elliptio lanceolata Yellow lance T Y MA-NLAA Rhus michauxii Michaux's sumac E Y No Effect E Endangered T Threatened PE Proposed Endangered PT Proposed Threatened MA-NLAA May Affect -Not Likely to Adversely Affect Cape Fear shiner USFWS optimal survey window: April -June (tributaries); Year-round (large rivers) Biological Conclusion: No Effect The Cape Fear shiner lives in streams and rivers within the Cape Fear basin. Streams consisting of gravel, cobble, and boulder substrates, as well as slow riffles and pools, provide optimal habitat. The project study area is in the Neuse River SEPI 6 June2020 Natural Resources Memorandum Town of Holly Springs, Wake County, N.C. basin; therefore, this project will have no effect on this species. Additionally, a review of the NC Natural Heritage Program (NHP) database on February 27, 2020 documented no occurrences of this species within one mile of the study area. Red -cockaded woodpecker USFWS optimal survey window: Year-round; November -early March (optimal) Biological Conclusion: May Affect — Not Likely to Adversely Affect The red -cockaded woodpecker prefers mature, open pine stands at least 60 years old for nesting, and open stands of pines at least 30 years old for foraging, preferably with a slightly open understory. Mixed hardwood/pine forests with loblolly pines at least 60 years old considered suitable nesting habitat were observed within the project study area. Suitable foraging habitat of mixed hardwood/pine forests at least 30 years of age were also observed within the study area. Surveys conducted on March 5, 2020 identified no cavity trees or individual red -cockaded woodpeckers. No cavity trees or individuals were identified during other field surveys conducted within the study area. Additionally, NHP records generated on February 27, 2020 documented no occurrences of the red -cockaded woodpecker within one mile of the study area. Carolina madtom USFWS optimal survey window: Year-round Biological Conclusion: May Affect — Not Likely to Adversely Affect The Carolina madtom prefers shallow sand-, gravel-, and detritus -bottomed riffles and runs with little or no current over fine to coarse sand bottom in small to medium rivers. Middle Creek and its tributary provide suitable habitat for Carolina madtom. An aquatic survey of the location of the proposed crossing was conducted on April 8 and 10, 2020. No individuals were identified. See attached Aquatic Survey Report. Additionally, NHP records generated on February 27, 2020 document no known occurrences of Carolina madtom within one mile of the study area. Neuse River waterdog USFWS optimal survey window: late fall to early spring Biological Conclusion: May Affect — Not Likely to Adversely Affect The Neuse River waterdog inhabits well oxygenated medium to large rivers and streams with high water quality. They prefer eddies and backwaters with large amounts of leaves and woody debris. Middle Creek provides suitable habitat for Neuse River waterdog. Aquatic surveys for Neuse River waterdog were performed within the project area March 3-7, 2020. No individuals were identified. See attached Aquatic Survey Report. Additionally, NHP records generated on February 27, 2020 document no known occurrences of Neuse River waterdog within one mile of the study area. SEPI 7 June 2020 Natural Resources Memorandum Town of Holly Springs, Wake County, N.C. Critical Habitat Neuse River waterdog Biological Conclusion: No Effect USFWS has proposed critical habitat for the Neuse River waterdog within Wake County. The nearest proposed critical habitat is on Middle Creek approximately 9 miles downstream of the study area. Atlantic pigtoe USFWS optimal survey window: Year-round Biological Conclusion: May Affect — Not Likely to Adversely Affect The Atlantic pigtoe requires fast flowing, well oxygenated high quality riverine/large creek and is restricted to fairly pristine habitats. It is typically found in headwaters or rural watersheds. The preferred habitat of the Atlantic pigtoe is coarse sand and gravel at the downstream edge of riffles. Middle Creek provides suitable habitat for Atlantic pigtoe. An aquatic survey of the location of the proposed crossing was survey on April 8 and 10 2020. No individuals were identified. See attached Aquatic Survey Report. Additionally, NHP records generated on February 27, 2020 document no known occurrences of Atlantic pigtoe within one mile of the study area. Critical Habitat Atlantic pigtoe Biological Conclusion: No Effect USFWS has proposed critical habitat for the Atlantic pigtoe within Wake County. The nearest proposed critical habitat is on Middle Creek approximately 9 miles downstream of the study area. Dwarf wedgemussel USFWS optimal survey window: Year-round Biological Conclusion: May Affect — Not Likely to Adversely Affect In North Carolina, the dwarf wedgemussel is known from the Neuse and Tar River drainages. The mussel inhabits creek and river areas with a slow to moderate current and sand, gravel, or firm silt bottoms. Water in these areas must be well oxygenated. Stream banks in these areas are generally stable with extensive root systems holding soils in place. Middle Creek provides suitable habitat for dwarf wedgemussel. An aquatic survey of the location of the proposed crossing was survey on April 8 and 10 2020. No individuals were identified. See attached Aquatic Survey Report. Additionally, NHP records generated on February 27, 2020 document no known occurrences of dwarf wedgemussel within one mile of the study area. SEPI 8 June 2020 Natural Resources Memorandum Town of Holly Springs, Wake County, N.C. Tar River spinymussel USFWS optimal survey window: Year-round Biological Conclusion: May Affect — Not Likely to Adversely Affect The Tar spinymussel is endemic to the Tar and portions of Neuse River drainage basins in North Carolina. This mussel requires a stream with fast flowing, well - oxygenated, circumneutral pH water. The bottom should be composed of unconsolidated gravel and coarse sand. The water needs to be relatively silt -free, and stream banks should be stable, typically with many roots from adjacent riparian trees and shrubs. An aquatic survey of the location of the proposed crossing was survey on April 8 and 10 2020. No individuals were identified. See attached Aquatic Survey Report. Given that no individuals were identified during the aquatic survey and NHP records generated on February 27, 2020 documented no occurrences of the Tar River spinymussel within one mile, this project will have no effect on this species. Yellow lance USFWS optimal survey window: Year-round Biological Conclusion: May Affect — Not Likely to Adversely Affect Optimal habitat for the yellow lance consists of well oxygenated and flowing streams with coarse gravel or sand. Excellent water quality is a requirement for the yellow lance. Middle Creek provides suitable habitat for yellow lance. An aquatic survey of the location of the proposed crossing was survey on April 8 and 10 2020. No individuals were identified. See attached Aquatic Survey Report. Additionally, NHP records generated on February 27, 2020 document no known occurrences of yellow lance within one mile of the study area. Michaux's sumac USFWS optimal survey window: May —October Biological Conclusion: No Effect Michaux's sumac most commonly grows on highway rights -of way, roadsides, or on the edges of artificially maintained clearings. The majority of the study area is located within the forested floodplain of Middle Creek. The only potential habitat for Michaux's sumac is located at the southern end of the study area where it follows a maintained powerline and Sunset Fairways Drive. Surveys for Michaux's sumac were conducted on June 3, 2020 and no individuals were identified. NHP records generated on February 27, 2020 document occurrences of Michaux's sumac within one mile of the project study area. SEPI 9 June 2020 Natural Resources Memorandum Town of Holly Springs, Wake County, N.C. 3.8 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 bald eagle population. 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 February 27, 2020, using 2010 color aerials. Sunset Lake and Bass Lake are located approximately 1 mile south of the study area. Sunset Lake is an impoundment of Middle Creek. Both are large enough to provide foraging habitat for bald eagle. The mature trees within the study area in the floodplain of Middle Creek provide nesting sites. The bald eagle survey area designated by USFWS is a 660-foot buffer around the project study area. Land use within and in the 660 feet surrounding the project study area is highly urbanized. Surveys for bald eagle were performed on within the study area March 12, 2020 and 660 feet of the study area. No bald eagles or nests were identified. No bald eagles or nests were identified during additional field assessments conducted within the study area. Additionally, a review of the NCNHP database on February 27, 2020, revealed no known occurrences of this species within one mile of the project study area. Due to the lack of known occurrences, and no observation of individuals or nests, it has been determined that this project will not affect this species. 3.9 Eastern Tiger Salamander The eastern tiger salamander (Ambystoma tigrinum) is a state threatened animal species that has been documented within the study area. Tiger salamanders use ephemeral ponds for breeding and moist upland area for their burrows. In the late -winter or early -spring, they migrate from their burrows to the breeding sites. Tiger salamanders feed mostly at night, catching prey in and around their burrows rather than foraging for food. In an effort to reduce the potential impacts to the tiger salamander population, Section 10.05 of the Town's Engineering Design and Construction Standards will be implemented during the construction of the project. These standards specifically address work that occurs in the area upstream of Holly Springs Road. Other measures will include: Land disturbance in habitat area will be minimized and carefully designed to avoid impact to suitable breeding pools. • Logs from construction in preserve shall be left on the ground to enhance habitat. 3.10 Virginia Least Trillium Virginia least trillium (Trillium pusillum var. virginianum) is a state endangered plant species identified within the study area by SEPI biologists. This is a new population for Wake County, with only one other known population within the county. SEPI 10 June 2020 Natural Resources Memorandum Town of Holly Springs, Wake County, N.C. Virginia least trillium prefers mesic to swampy hardwood forests in low alluvial woodlands. Flowering occurs in March -April. Seeds are disbursed mainly by ants and yellow jackets and wasps. Seeds require two winters and one summer to break dormancy, generally 1.5 — 2 years. In an effort to reduce the potential impacts to Virginia least trillium populations, the land disturbance and greenway path construction will be designed to avoid the identified population. 3,11 Endangered Species Act Candidate Species As of June 27, 2018, the USFWS has no listed Candidate Species for Wake County. 3.12 Essential Fish Habitat There is no Essential Fish Habitat located within the project study area. Essential Fish Habitat will not be impacted or effected. 4.0 Cultural and Historic Resources The North Carolina State Historic Preservation Office (SHPO) conducted a review of the project and determined no historic resources would be affected by the project (ER 20- 0773). See attached letter. SEPI 11 June 2020 Natural Resources Memorandum Town of Holly Springs, Wake County, N.0 5.0 REFERENCES Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, U. S. Army Engineer Waterways Experiment Station. Vicksburg, Mississippi. National Oceanic and Atmospheric Association (NOAA): Essential Fish Mapper [web application]. https://www.fisheries.noaa.�zov/resource/map/essential-fish-habitat- mapper. (Accessed on February 27, 2020). NatureServe. 2020. NatureServe Explorer 2.0: [web application]. NatureServe, Arlington, Virginia. Available https:Hexplorer.natureserve.org/. (Accessed: February 27, 2020). North Carolina Department of Environment and Natural Resources, Division of Water Quality. Water Quality Assessment and Impaired Waters List (2018 Final 303(d) list. https:Hfiles. nc. gov/ncdeq/Water%20Quality/Planning/TMDL/3 03 d/2018/2018- NC-303-d--List-Final.pdf (Accessed on February 27, 2020). North Carolina Department of Environmental Quality -Division of Water Resources. NC Surface Water Classifications [web application]. https:Hncdenr.maps. arc�zi s. com/apps/webappviewer/index. html?id=6e 125 ad7628f 494694e259c80dd64265. (Accessed on February 27, 2020). North Carolina Department of Natural and Cultural Resources -State Historic Preservation Office (SHPO): HPOWEB 2.0 [web application]. https:Hnc.maps.arcgis.com/home/group.html?id=d56ec9c8aa77423b93 l f4d3 59f 1 03 ae6&view=li st& categori es=% 5B%22%2F Cate wri es%2FHPOWEB%22%5D# content. (Accessed on March 23, 2020). United States Department of Agriculture (USDA), Natural Resources Conservation Service (MRCS). 1970. Soil Survey of Wake County, 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. United States Department of Agriculture (USDA), Natural Resources Conservation Service (MRCS). 2018. Field Indicators of Hydric Soils in the United States, Version 8.2 L.M. Vasilas, G.W. Hurt, and J.F. Berkowitz (eds.). USDA, NRCS, in cooperation with the National Technical Committee for Hydric Soils. United States Fish and Wildlife Service (USFWS). Atlantic pigtoe (Fusconaia masoni) https:Hecos.fws. og v/ecpO/profile/speciesProfile?sId=5164 (Accessed: March 24, 2020). SEPI 12 June 2020 Natural Resources Memorandum Town of Holly Springs, Wake County, N.C. United States Fish and Wildlife Service (USFWS). Bald Eagle (Haliaeetus leucocephalus) https://www.fws.gov/birds/management/managed- species/bald-and-golden-eagle-information.php. (Accessed: February 27, 2020). United States Fish and Wildlife Service (USFWS). Cape Fear shiner (Notropis mekistocholas) https://www.fws.Gov/ralei�zh/species/es_cape_fear_shiner.html. (February 27, 2020). United States Fish and Wildlife Service (USFWS). Carolina madtom (Noturus furiosus) https:Hecos.fws. og v/ecpO/profile/speciesProfile?sId=528(Accessed: March 24, 2020). United States Fish and Wildlife Service (USFWS). Dwarf wedgemussel (Alasmidonta heterodon) https://www.fws.gov/raleigh/species/es dwarf wedgemussel.html. (Accessed: February 27, 2020). United States Fish and Wildlife Service (USFWS). Michaux's sumac (Rhus michauxii) https://www.fws.gov/raleigh/species/es_michauxs_sumac.html (Accessed: February 27, 2020). United States Fish and Wildlife Service (USFWS). Neuse river waterdog (Necturus lewisi) https:Hecos.fws. og v/ecpO/profile/speciesProfile?sId=6772 (Accessed: March 24, 2020). United States Fish and Wildlife Service (USFWS). Red -cockaded woodpecker (Picoides borealis) https://www.fws.�zov/raleigh/species/es red - cockaded woodpecker. html. (Accessed: February 27, 2020). United States Fish and Wildlife Service (USFWS). Tar River spinymussel (Parvaspina steinstansana) https://www.fws.�zov/southeast/wildlife/mussels/tar- river-spinymussel/. (Accessed: February 27, 2020). United States Fish and Wildlife Service (USFWS). Threatened and Endangered Species in North Carolina: Wake County. Updated June 27, 2018. https://www.fws.gov/raleigh/species/cpiylist/wake.html United States Fish and Wildlife Service (USFWS). Yellow lance (Elliptio lanceolata) https:Hecos.fws. og v/ecpO/profile/speciesProfile?sId=4511. (Accessed: February 27, 2020). North Carolina Wildlife Resources Commission (NCWRC). Eastern Tiger Salamander. North Carolina Wildlife Profiles. https://www.ncwildlife.or�zPortals/0/Learning/documentslProfileslAmphibianslE astern Tiger Salamander FINAL 2018 l.pdf United States Geological Survey (USGS). 2019. Apex, North Carolina, Topographic Quadrangle (7.5-minute series). SEPI 13 June 2020 Appendix A Figures �6 R R'nny Rd Project Vicinity b f( y� a � rf drrn lid m Hilly Sli ingi- Crn rvi! (], LProject Study Area � n! � ar t a. vd Genlry L- - K°.cwa f3 � � e � �r a!L ❑ Or i c yyann�s ct[arna pr �'' � 11a�, sari r t• i V O 0 [salon $! y Rd j 5Dnrts.anShrp way Anctl r Creea way Arcllcfltdor I r l ^ E � r S[eedrnvnl Qt � � Trayes,�p HOLLY " SPRINGS h'nrrh Co rolln� Figure 1 Project Vicinity Arbor Creek Greenway Project Town of Holly Springs Wake County, Raleigh NC June 2020 Goolsby Ct c w"" - aQ Cr�iq pr g -f ❑_ u n G me a v i x EAwaLd c geLad obQ i 'NaYysr - 4lyde OF �Y C ioGkley R- r v a r s e �"r � v ❑ C enk P1 � F O m IF g Op bCr eek to Warn+ a �. R dale Cr ❑ ❑ Croavn.�, Ln ri r•- n s 1 3urar Q, n q� C r° m P° o Creek' rprin Qat �� g rCWdY 'yarn - apt Dr - u` CIi 0, a4a c } h'+y N y x Lc•r 6 S H n c 0 11500 ❑ - xV _ n+t 6 r g °oil Ar �nrtoe WAY, Mally S Rltr& G FalryleW 51 0 4 D W .4 �v C eff� a Rv ra L !l l�aC Naw (aJr P r� Ra e �G a t .. rZ.— .. '-SB2 e' R �,yt ►•,+:� WE �nru SE SIN WF SF. �:• PA SD WI SF w Project Study Area • C! ;,i ► Potentially Jurisdictional Wetlands --- Potentially Jurisdictional Streams - Intermittent Potentially Jurisdictional Streams - Perennial Ponds d! Creek (SA) � - ++►•,�� �Agh Tr �+ A � A r� q - i •. 044 1► A oft - �; �. ems;► WJ SPA SJ ie .. #-16 .3 $H SI This Exhibit is for planning purposes only and shown herein does not meet NC 47-30 Requirements and Figure 2. Jurisdictional Features 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. Arbor Creek Greenway Project OLLY FIRING Sources: N NCDOTNC oneMap, ESRI Town of Holly Springs I �sI'Riwcs „� Wake County, North Carolina June 2020 June 0 500 1,000 1,500 2,000 Feet r N a, -.i. 1 Agri rZOMMMOMMIL A �rfr. ���I�� IM"ma-l- rva I s ■ w i6Li %X �.1 °t�F� This Exhibit is for planning purposes only and shown herein does not meet NC 47-30 Requirements and 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. Sources: NCDOT, NC OneMap, ESRI N June 2020 r Project Study Area ; Natural Community Type Mesic Mixed Hardwood- Piedmont Subtype Piedmont/Mountain Bottomland Forest Maintained/Disturbed Pond/Open Water Ah pe A A 4 .� A "moo a°Ak Figure 4. Natural Communities Map Arbor Creek Greenway Project Town of Holly Springs Wake County, North Carolina 0 500 1,000 1,500 2,000 Feet SE IHOLLY PRING 14, SBIlVGS Appendix B NCDWR Surface Water Determination Letter (NBRRO #20-098) NCSHPO Review Letter (ER 20-0773) ROY COOPER cn��rM MICHAEL S. REGAN seawary S. DANIEL SMITH ❑itectw John Schifano, Town Attorney Town of Holly Springs PO Box 8 Holly Springs, NC 27540-0008 NORTH CAROLINA Envirann1e'n rat Qualify April 16, 2020 Subject: Surface Water Determination Letter NBRROY20-098 Wake County Determination Type: Buffer Call Isolated or EIP Call ® Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Ephemeral/Intermittent/Perennial Determination E] Jordan (15A NCAC 26 .0267) ElIsolated Wetland Determination Project Name: Arbor Creek Greenwa Location/Direct The projected area is at 4300 Sunset Lake Road in Holly Springs, Wake ions: County (136-acre area between Sunset lake Road and Holly Springs Road) Subject Stream: Ul's to Middle Creek Determination Date: 4/16/2020 Staff: Cheng Zhang Stream E/l/P* Not Subject to Buffers Subject to Buffers Start(r7 Stop rr Soil Survey USGS To o SA** P X X X SB I X X Sc I X X SB2 I X Confluence of SB and SC DWR flag {SB2- 04 X SB2 I DWR flag SB2-05) X SD P X X SF P X X X Pond A X X X SY E X X Sc P X X X SP P X X X S1 1 X X Si P X X X SK • P X X Sz E x X North Camiina Departrne:it of Envirunmen€al CZrtafity I Divhion of Wascr Resources PwIckjh Rc4iranal Office 13600I3arrci: [h'1VC I R4e4911, North Carolina 27609 .31Q.741:1200 *E111P = Ephenrerralllnter njittentlPer•ennial ** Middle Creek * �* Features within the vicinity of the project area that are not evaluated in this letter tyre on the opposite side of Middle Creek with the proposed greenway and will not be impacted by the project. Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date or this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing Ifsending via US Postal Service c/o Paul Wojoski DWR --- 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.) Paul Wojoski DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. Tire owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Cheng Zhang at (919) 791-4259. Sincerely, f Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources cc: RRO DWR File Copy Bob Lepsic, SEPI (electronic copy only) North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton May 13, 2020 Anna Reusche SEPI, Inc. 1 Glenwood Avenue, Suite 600 Raleigh, NC 27603 AReus the &s epiinc. com Re: Construct Arbor Creek Greenway, Holly Springs, ER 20-0773 Dear Ms. Reusche: Thank you for your March 25, 2020 email concerning the above project. Office of Archives and History Deputy Secretary Kevin Cherry We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, amona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-1617 Telephone/Fax: (919) 807-6570/807-6599 Rau Project Study Area r - t;n CgC2 Hrc 34 �l rti � C962 'A l+rG CgB2 IW2 _ - H rB �~ [!sB? ��� Aged - Hr GZ t ' ' Geier z- A902 f Age _ r ., A V Gin '� V. Cg6:. 01 ' Ga825 CAS H rB CgG 1 T GeC WV, j � j CgC NU GeC � 1 CrB? Wry Hr Cgc CgC �. Au GOC r CeD f:- �C B 1 _ CBC C 8 e ;CgC2 CgB2 Hr82. Ge8 G k ' Wh } °A C032 Go s Cg e ►C F - f Cg9 { ApH rt �3 Vvo f � c3. CeD � r �� cgr2 -CeD ae i', fie❑ A Au f •T I F' �� OeF fiE G e `• Wo `� f D f nc \ Wn GeQ. 99 GeC CeF rl y� - Q'� GOIBD2 / .� 1 C CgC 2 Geti.-. � � I• � � � 8 kEWIF , r f5 This Exhibh Is far plennbrg purposes only end shovm Figure 4. N RC 5 Soils Ma E] herein does not meet NC i7.30 Re qulrem cols and Ih.me ore Is not for deafen, wnshuetion, yr retar ar transfer of tllfe. The Exhibit Wes oampi]ed ham available !' infarttmetiorl oblafnEd Tram the saumes Paled h efcW. Arbor Creek Greenway Project _ Sources: Town of Holly Springs NCdOT, NO PnaMap. ESRI N Wake County, North Carolina March 2O20 0 500 1,000 1,500 2,000 ri Feet r .4w7 �•rrf:All if III or r r ! ak WM4 •►ter Appendix C Aquatic Survey Report Aquatic Survey Report Arbor Creek Greenway Middle Creek Wake County, North Carolina Upstream facing view of Middle Creek Prepared For: cR ¢ HGLLY SPRINGS Hersh Co -oilne Town of Holly Springs Raleigh, North Carolina Contact Person: Matt Beard, Park Planner 128 S. Main Street Holly Springs, NC 27540 June 2020 Prepared by: SEPI 1 Glenwood Avenue, Suite 600 Raleigh, NC 27603 Contact Person: Chris Sheats csheats@sepiinc.com 919-417-2732 Table of Contents 1.0 Introduction.................................................................................................................. 1 2.0 Waters Impacted........................................................................................................... 2 2.1 303(d) Classification........................................................................................................2 2.2 NPDES Discharges...........................................................................................................2 3.0 Target Protected Species Description............................................................................ 2 3.1 Necturus lewisi (Neuse River Waterdog)........................................................................2 3.1.1 Species Characteristics............................................................................................2 3.1.2 Distribution and Habitat Requirements...................................................................2 3.2 Noturus furiosus (Carolina Madtom)..............................................................................3 3.2.1 Species Characteristics............................................................................................3 3.2.2 Distribution and Habitat Requirements...................................................................3 3.3 Alasmidonta heterodon (Dwarf Wedgemussel)..............................................................3 3.3.1 Species Characteristics............................................................................................3 3.3.2 Distribution and Habitat Requirements...................................................................4 3.4 Fusconaia masoni (Atlantic Pigtoe).................................................................................4 3.4.1 Species Characteristics............................................................................................4 3.4.2 Distribution and Habitat Requirements...................................................................4 3.5 Lasmigona subviridis (Green Floater).............................................................................4 3.5.1 Species Characteristics............................................................................................4 3.5.2 Distribution and Habitat Requirements...................................................................5 3.6 Parvaspina steinstansana (Tar River Spinymussel).........................................................5 3.6.1 Species Characteristics............................................................................................5 3.6.2 Distribution and Habitat Requirements...................................................................5 3.7 Elliptio lanceolate (Yellow Lance)...................................................................................6 3.7.1 Species Characteristics............................................................................................6 3.7.2 Distribution and Habitat Requirements...................................................................6 4.0 Survey Efforts................................................................................................................ 6 4.1 Methodology..................................................................................................................7 4.1.1 Neuse River Waterdog Surveys...............................................................................7 4.1.2 Freshwater Mussel and Carolina Madtom Surveys.................................................7 5.0 Results.......................................................................................................................... 7 5.1.1 Neuse River Waterdog.............................................................................................7 5.1.2 Freshwater Mussels and Carolina Madtom.............................................................9 6.0 Discussion/Conclusions...............................................................................................10 7.0 Literature Cited........................................................................................................... 13 Appendix A. Figure 1: Project Vicinity & Survey Locations Figure 2: NCNHP Element Occurrences Figures 3-5: Proposed Critical Habitat Figure 6: NPDES Discharges 1.0 INTRODUCTION The Town of Holly Springs (Town) proposes to extend its greenway network by constructing a 2- mile hard surface trail along the Arbor Creek, Bridgewater, Woodcreek, and Sunset Ridge North subdivisions. Bridges and boardwalks will be constructed to cross portions of Middle Creek, as necessary. Seven aquatic species known in the Neuse River Basin are federally listed or are proposed for protection by the United States Fish and Wildlife Service for Wake County. Two federally endangered freshwater mussels (dwarf wedgemussel, Tar River spinymussel), one federally threatened freshwater mussel (yellow lance), and four "At Risk Species" (ARS) are known from the Neuse River basin in Wake County which includes two freshwater mussels (Atlantic pigtoe, green floater), one fish (Carolina madtom), and one aquatic amphibian (Neuse River waterdog). Atlantic pigtoe is proposed for listing as "Threatened", and the green floater is petitioned for listing as threatened or endangered. Carolina madtom (CMT) is proposed "Endangered", Neuse River waterdog (NRWD) is proposed "Threatened". ARS's are species that are Petitioned, Candidates or Proposed for Listing under the Endangered Species Act (ESA). Consultation under Section 7(a) (2) of the ESA is not required for Candidate or Proposed species, although a Conference, as described under Section 7(a) (4) of the ESA is recommended for actions affecting species proposed for listing. According to the NC Natural Heritage Program database (NCNHP, Access date: March 23, 2020), There is one element occurrence (EO) record for Atlantic pigtoe 2.3 miles downstream of the survey area in Middle Creek (EO #34956). There is one EO in the Neuse River for CMT approximately 15 miles upstream of the survey area (EO #10676). There is an EO for dwarf wedgemussel (EO#13799) and yellow lance (EO#21894) 11.9 miles downstream from the survey area in Swift Creek. There is an EO for green floater 16.5 miles upstream of the study area in the Neuse River (EO #28706). The closest EO for NRWD is 1.3 miles from the study area in Middle Creek (EO #8258). There is an EO for the Tar River spinymussel 38.5 miles away in the Tar River (EO #21412). According to the US Fish and Wildlife Services Threatened and Endangered Species Active Critical Habitat Report (USFWS, Update date: March 27, 2020), proposed critical habitat for NRWD, Atlantic pigtoe, and yellow lance occurs downstream of the project study area (Figure 3- 5). Proposed critical habitat for NRWD and Atlantic pigtoe occurs in Middle Creek approximately 9 miles downstream of the study area. Proposed critical habitat for yellow lance occurs 12 miles from the study area in Swift Creek. SEPI was contracted by the Town to conduct surveys targeting the NRWD, Carolina madtom, dwarf wedgemussel, Atlantic pigtoe, green floater, Tar River spinymussel, and yellow lance as part of the federal permitting process that requires an evaluation of potential project -related impacts to federally protected species. Arbor Creek Greenway Aquatic Survey Report June 2020 Page 1 2.0 WATERS IMPACTED Middle Creek is part of the Upper Neuse River sub -basin of the Neuse River basin (U.S. Geological Survey [USGS] Hydrological Unit Code 03020201). 2.1 303(d) Classification The N.C. Department of Environmental Quality (NCDEQ) 2018 Final 303(d) list was reviewed to better understand water quality upstream of the survey area. A 6 mile portion of Middle Creek from 0.8 miles south of US 1 to the backwaters of Sunset Lake [(27-43-15-(1)b1),( 27-43-15- (1)b2)] is listed for benthos, which starts approximately 6 miles upstream of the survey area and flows through it (NCDEQ, 2020a). 2.2 NPDES Discharges Several discharges are located throughout the Upper Neuse River basin. The closest active permitted NPDES discharge to Middle Creek is approximately 1.75 miles upstream of the study area (NCDEQ, 2020b); Wall Recycling LLC (NPDES Permit # NCG130099) is located along Middle Creek (Figure 3). 3.0 TARGET PROTECTED SPECIES DESCRIPTION 3.1 Necturus lewisi (Neuse River Waterdog) 3.1.1 Species Characteristics The NRWD is a fully aquatic salamander that ranges in size from six to nine inches in length, with a maximum record length of 11 inches. It has a stocky, cylindrical body, small limbs, smooth skin, and a flattened, elongate head with a square ended nose. The tail is keeled on both the top and bottom. It has four toes on each foot and is a rusty brown color on the dorsal side and dull brown or slate colored on the ventral side. Both sides are strongly spotted, but the ventral side tends to have fewer and smaller dark bluish to black spots. They have a dark line running through the eye. Adults are neotenous and retain three bushy, dark red external gills. Male and females are similar in appearance and can be distinguished by differences in the cloaca (Amphibiaweb 2019; Brimley, 1924; Conant and Collins, 1998). NWRD become sexually mature at approximately five to six years, breeding typically occurs in the spring. The male deposits a spermatophore that is picked up by the female and used to fertilize between 30 and 50 eggs that are attached to the underside of flat rocks or other large objects. The female guards them until they hatch in June or July (Conant and Collins, 1998). 3.1.2 Distribution and Habitat Requirements The NRWD is found only in the Neuse and Tar River basins of North Carolina, inhabiting rivers and larger streams, where it prefers leaf beds in quiet waters. This species needs high levels of Arbor Creek Greenway Aquatic Survey Report June 2020 Page 2 dissolved oxygen and good water quality. The NRWD is generally found in backwaters off the main current, in areas with sandy or muddy substrate. Adults construct retreats on the downstream side of rocks or in the stream bank where they remain during the day. This species is active during the night, leaving these retreats to feed. The NRWD is carnivorous, feeding on invertebrates, small vertebrates, and carrion. It is most active during winter months even when temperatures are below freezing. During summer months, it will burrow into deep leaf beds and is rarely found. Inactivity in the summer may be an adaptation to avoid fish predators, which are more active at these times. In addition, the NRWD produces a defensive, toxic skin secretion that is assumed to be distasteful to predators (AmphibiaWeb 2019; Conant and Collins, 1998). 3.2 Noturus furiosus (Carolina Madtom) 3.2.1 Species Characteristics The CMT is a freshwater fish reaching up to five inches in length. The body is short and chunky with a distinct pattern of three dark saddles starting at the dorsal fin and ending at the caudal fin. These dark saddles connect a wide, black stripe along the side which extends from the snout to the base of the tail (Menhinick 1991). The adipose fin is connected to the caudal and has a dark blotch that ends slightly below the fins edge. The belly is not speckled, and crescent shaped brown bands are present at the edge of the caudal. Its pectoral spines have serrated projections along both margins (USFWS 2018). The CMT feeds on larval midges, mayflies, caddisflies, dragon flies and beetles. They are most active during dawn and dusk. Individuals reach reproductive maturity by 2 years and spawn from May to July in moderate to slow flowing areas, often using mussel shells, woody debris and trash as cover. Females produce up to 300 eggs per breeding season and the male guards the nest until eggs are hatched (Burr et al. 1989). 3.2.2 Distribution and Habitat Requirements The CMT is endemic to the Tar and Neuse River basins in North Carolina, and currently exists in fragmented populations. Streams harboring the CMT often have sand, gravel and detritus bottoms with free -flowing conditions (USFWS 2018a). This species tends to avoid areas with large submerged plants, however specimens have been found in small patches of vegetation. During warm months, adults occupy areas with a swift current and a maximum depth of about one meter. Juveniles inhabit shallow riffles and runs with slower currents. 3.3 Alasmidonta heterodon (Dwarf Wedgemussel) 3.3.1 Species Characteristics The Dwarf wedgemussel is a freshwater mussel reaching up to 56mm in length, but is mostly found under 45mm (Beans and Niles 2003). Shell shape is classified as trapezoid to ovate. Individuals possess a small, thin shell that is somewhat inflated and thickens anteriorly. The Arbor Creek Greenway Aquatic Survey Report June 2020 Page 3 anterior margin is sharply curved, while the ventral margin is broadly curved to straight; the posterior region is roundly pointed near the base. Lateral teeth are a defining characteristic of this species, two are present on the right valve and one on the left valve (Bogan 2002, Ortmann 1919). 3.3.2 Distribution and Habitat Requirements The Dwarf wedgemussel is endemic to the Atlantic Slope basins from New Brunswick to North Carolina, with populations being historically located in the Neuse and Pamlico River basins in North Carolina. This species is thought to be a habitat generalist, as it has been found in small streams to large rivers with slow to moderate flows and occupies a variety of substrates to include sand, gravel and firm silt (Fuller 1977). 3.4 Fusconaia masoni (Atlantic Pigtoe) 3.4.1 Species Characteristics The Atlantic pigtoe is a freshwater mussel reaching up to 60mm in length. This species is characterized by having a sub -rhomboidal shaped shell with a distinct posterior ridge. The umbo is elevated well above the dorsal margin and the beak cavity is shallow. The periostracum is yellow to dark brown and has a parchment- like texture (Bogan 2002, Bogan and Alderman 2008). Pseudocardinal and lateral teeth are well developed except for the anterior pseudocardinal tooth in the right valve, while the interdental tooth is absent in the left valve (USFWS 2018b). The Atlantic pigtoe is a tachytictic breeder, gravid females have been found from late June to early July (Fuller 1973). Fish hosts for this species include bluegill sunfish, shield darter, longnose dace, rosefin shiner and creek chub (Watters and O'Dee 1997, Wolf and Emrick 2011). 3.4.2 Distribution and Habitat Requirements The Atlantic pigtoe is endemic to the southern Atlantic Slope, and is found from the Ogeechee River Basin in Georgia to the James River Basin in Virginia. In North Carolina, this species is known from the Catawba, Pee Dee, Cape Fear, Neuse, Pamlico and Roanoke River basins (Johnson 1970, Bogan 2002). This species can be found in medium to large streams with clean, swift waters and a stable gravel or sand and gravel substrate. Individuals are often found on the downstream edge of riffle areas 3.5 Lasmigona subviridis (Green Floater) 3.5.1 Species Characteristics The green floater is a small, thin shelled freshwater mussel that reaches a maximum length of 55mm. Individuals have a subovate shaped shell with depressed beaks that only project slightly above the hinge line. A double -looped sculpture is present on the beak. The lateral teeth are Arbor Creek Greenway Aquatic Survey Report June 2020 Page 4 long, straight and thin; two lamellate pseudocardinal teeth are present on the left valve while one is present on the right, both are directed forward of the beak and parallel with the hinge line. The dorsal margin forms a blunt angle with the posterior margin (Bogan 2002). The green floater is a bradytictic breeder, with a reproductive season from August to May. Interestingly, this species is also hermaphroditic, meaning individuals contain both male and female gonadal tissues. Host fish for this species are currently unknown. 3.5.2 Distribution and Habitat Requirements The green floater spans across the Atlantic slope and Interior basins, with a historical range spanning from the Savannah River in Georgia to the Hudson River in New York, as well as in the New, Kanawha , and Watauga Rivers. In North Carolina, this animal occurs in the Watauga, New, Neuse, and Tar River basins. Individuals can be found in small to medium sized streams in low flow areas, specifically in pool or eddy habitats with gravel and sand substrates. 3.6 Parvaspina steinstansana (Tar River Spinymussel) 3.6.1 Species Characteristics Young individuals are often a shiny yellowish -brown color with greenish rays streaking outward from the hinge area, while older individuals tend to have a brown color and rays are absent from the shell. Short spines reaching a maximum length of 5mm are on the anterior region of the shell and curve ventrally. Spines can be in one or two rows with up to six spines on each valve that are symmetrical to the other valve. Shells are thicker toward the anterior end while the posterior end is thinner, and the nacre usually fades from pink to bluish white (Johnson and Clarke 1983, USFWS 2014). This species is a tachytictic breeder with gravid females occurring from April to August (Widlak 1987). Fish host for this species include bluehead chub, pinewoods shiner, satinfin shiner and white shiner (Eads and Levine 2008). Like other mussel species, these individuals are filter feeders and forage by siphoning and filtering small food particles that are suspended in the water. 3.6.2 Distribution and Habitat Requirements The Tar River spinymussel is endemic to the Tar and Neuse River basins in North Carolina, and is currently only found in Edgecombe, Franklin, Halifax, Johnston, Nash, Pitt, and Warren Counties. This species lives in fast flowing streams with silt -free unconsolidated beds composed of coarse sand and gravel. Arbor Creek Greenway Aquatic Survey Report June 2020 Page 5 3.7 Elliptio lanceolata (Yellow Lance) 3.7.1 Species Characteristics The yellow lance is characterized by having shells twice as long as they are tall, with elongate shells reaching up to 86mm in length. A bright yellow and waxy periostracum without rays is present, however older individuals may have a brownish color at the posterior end. The posterior ridge is round and curves dorsally towards the posterior end. The periostracum has brown growth rings. Two long lateral teeth are present on the left valve and one is present on the right, while two pseudocardinal teeth are present on each valve. The nacre is normally an iridescent blue color shifting to white or salmon on the anterior region (USFWS 2017). Historically many species were synonymized with yellow lance (E. lanceolata) as a part of the lanceolate Elliptio complex, but in 2009 the yellow lance was recognized as its own species (Bogan et al. 2009). The yellow lance is a short-term brooder that spawns in the spring. Lab studies found that white shiners and pinewood shiners are acceptable host fish for this species, while other members of the minnow family are also believed to serve in this role. Like other mussels, the yellow lance is a filter feeder that has a diet consisting of phytoplankton, zooplankton, bacteria, detritus and dissolved organic matter. (Haag 2012). 3.7.2 Distribution and Habitat Requirements Historically, this species was found from the Patuxent River Basin in Maryland to the Neuse River Basin in North Carolina, ranging from the foothills of the Appalachian Mountains through the Piedmont and Coastal Plain. In the last 10 years, individuals have only been found in the Patuxent, Rappahannock, York, Chowan, Tar, and Neuse River Basins (USFWS 2017). Yellow Lance can be found in clean rivers or streams with moderate flows and high dissolved oxygen concentrations. Individuals are often found buried in coarse to medium sand, however they have also been found in gravel substrates. Individuals tend to aggregate to sand substrates downstream of stable sand and gravel bars. 4.0 SURVEY EFFORTS Field efforts were conducted by SEPI personnel Chris Sheats (Permit # 19-ES00558), Bob Lepsic and Tori Fowler. NRWD traps were set in Middle Creek on March 2, 2020, and checked on March 3, 4, 5, 6 and 7, 2020. NRWD traps were set in the UT to Middle Creek on March 3, 2020, and checked on March 4, 5, 6 and 7, 2020. Freshwater mussel and CMT surveys were completed on April 8 and 10, 2020. Arbor Creek Greenway Aquatic Survey Report June 2020 Page 6 4.1 Methodology 4.1.1 Neuse River Waterdog Surveys Ten traps were set on March 2, 2020 to soak in Middle Creek for five consecutive nights. Traps 1-3 were deployed upstream of the powerline easement at Arctic Ridge Way in the Arbor Creek neighborhood. Traps 4-6 were deployed within the easement and traps 7-10 were deployed downstream of the easement. Eleven traps (Traps 1-11) were set on March 3, 2020 to soak in an UT to Middle Creek for four consecutive nights. Traps 1-4 were deployed upstream of the boardwalk area, traps 5-8 were deployed starting at the boardwalk going downstream to the confluence with the pond, and traps 9-11 were deployed downstream of the pond area. Trap sites were selected based on habitat conditions and accessibility. Traps were checked daily during the soaking period and, were baited and refilled as needed with a combination of chicken livers and chicken hotdogs. All species observed in traps were recorded. 4.1.2 Freshwater Mussels and Carolina Madtom Surveys Freshwater mussel and CMT surveys were completed on April 8, in UT to Middle Creek and on April 10, 2020 in Middle Creek. Visual and tactile surveys were completed at each location using bathyscopes and hand dip nets. Habitat conditions were recorded at each location. 5.0 RESULTS 5.1.1 Neuse River Waterdog The NRWD was not found during the trapping survey efforts. Species observed in the traps include bluehead chub, creek chub, bluegill sunfish, green sunfish, pumpkinseed sunfish, golden shiner, pirate perch and snail bullhead (Table 1-2). Water temperature ranged from 7-8 degrees Celsius. Table 1. Species observed during NRWD trapping surveys in Middle Creek. Trap Day 1 Day 2 Day 3 Day 4 Day 5 # (3/3/2020) (3/4/2020) (3/5/2020) (3/6/2020) (3/7/2020) 1 1 bluehead chub (Nocomis leptocephalus) 2 1 pirate perch 1 green sunfish (Lepomis 1 crayfish sp. 1 pirate perch (Aphredoderus cyanellus) (Aphredoderus sayanus) sayanus) 3 3 bluehead chub 1 bluehead chub 3 bluehead 2 crayfish sp. (Nocomis (Nocomis leptocephalus) chub leptocephalus) (Nocomis leptocephalus) 4 1 bluehead chub 8 bluehead chub 1 bluehead (Nocomis (Nocomis chub leptocephalus) leptocephalus), (Nocomis 1 pirate perch leptocephalus) (Aphredoderus sayanus), 1 crayfish sp. Arbor Creek Greenway Aquatic Survey Report June 2020 Page 7 Trap Day 1 Day 2 Day 3 Day 4 Day 5 # (3/3/2020) (3/4/2020) (3/5/2020) (3/6/2020) (3/7/2020) 5 1 pumpkinseed sunfish (Lepomis gibbosus) 6 1 pumpkinseed sunfish (Lepomis gibbosus) 7 3 bluehead chub 8 bluehead chub 1 bluegill sunfish 1 bluehead 1 crayfish sp. (Nocomis (Nocomis (Lepomis macrochirus), chub leptocephalus) leptocephalus) 1 bluehead chub (Nocomis (Nocomis leptocephalus) leptocephalus) 8 2 bluehead chub 1 golden 1 crayfish sp. (Nocomis leptocephalus) shiner (Notemigonus crysoleucas) 9 10 1 bluehead chub (Nocomis leptocephalus) Table 2. Species observed during NRWD trapping surveys in UT to Middle Creek. Trap Day 1 Day 2 Day 3 Day 4 # (3/4/2020) (3/5/2020) (3/6/2020) (3/7/2020) 1 ti 2 1 creek chub (Semotilus 3 green sunfish 1 pumpkinseed sunfish atromaculatus), (Lepomis cyanellus), (Lepomis gibbosus) 1 green sunfish (Lepomis 1 pumpkinseed cyanellus), sunfish 2 crayfish sp. (Lepomis gibbosus) 3 1 crayfish sp. 1 bluegill sunfish (Lepomis macrochirus), 1 green sunfish (Lepomis cyanellus) 4 1 pumpkinseed sunfish 1 green sunfish 1 green sunfish 1 bluehead chub (Lepomis gibbosus) (Lepomis cyanellus) (Lepomis cyanellus), (Nocomis 1 crayfish sp. leptocephalus), 2 pumpkinseed sunfish (Lepomis gibbosus), 1 green sunfish (Lepomis cyanellus) 5 1 green sunfish (Lepomis 1 green sunfish 2 pumpkinseed sunfish cyanellus) (Lepomis cyanellus) (Lepomis gibbosus) 6 1 bluegill sunfish 1 crayfish sp. (Lepomis macrochirus), 1 pumpkinseed sunfish (Lepomis gibbosus) 7 1 bluegill sunfish 1 snail bullhead (Lepomis macrochirus) (Ameiurus brunneus) Arbor Creek Greenway Aquatic Survey Report June 2020 Page 8 Trap Day 1 Day 2 Day 3 Day 4 # (3/4/2020) (3/5/2020) (3/6/2020) (3/7/2020) 8 1 pumpkinseed 4 bluegill sunfish 1 bluegill sunfish sunfish (Lepomis macrochirus), (Lepomis macrochirus) (Lepomis gibbosus), 1 green sunfish 1 bluegill (Lepomis (Lepomis cyanellus), macrochirus) 3 pumpkinseed sunfish (Lepomis gibbosus) 9 1 yellow bullhead 1 green sunfish 1 bluehead chub (Nocomis (Ameiurus natalis) (Lepomis cyanellus) leptocephalus) 10 1 green sunfish (Lepomis 3 bluehead chub (Nocomis cyanellus) leptocephalus), 1 creek chub (Semotilus atromaculatus), 1 green sunfish (Lepomis cyanellus) 11 1 green sunfish (Lepomis 1 bluehead chub 1 green sunfish (Lepomis cyanellus), (Nocomis cyanellus), 1 creek chub (Semotilus leptocephalus) 1 pumpkinseed sunfish atromaculatus) (Lepomis gibbosus), 1 bluehead chub (Nocomis leptocephalus) 5.1.2 Freshwater Mussel and Carolina Madtom No dwarf wedgemussel, Tar River spinymussel, yellow lance, Atlantic pigtoe, green floater or CMT individuals were located during our survey efforts. Mussel species observed include Eastern elliptio, Eastern floater and the Paper pondshell (Table 3-4). Asian clam was the only clam species observed. Other species observed include pumpkinseed sunfish, bluegill sunfish, largemouth bass, creek chubsucker, mosquitofish, tessellated darter, fantail darter, creek chub and an unknown crayfish species (Table 3-4). Table 3. Species observed in Middle Creek (200412.1cros) 10.5 hrs total time Scientific Name Common Name # Live Abundance/CPUE Freshwater Mussels CPUE Elliptic; complanata Eastern elliptio 106 10.10/hr Freshwater Clams and Fish Relative Abundance Corbicula fluminea Asian clam - common Lepomis gibbosus Pumpkinseed sunfish - common Lepomis macrochirus Bluegill sunfish - common Erimyzon oblongus Creek chubsucker - common Gambusia affinis Mosquitofish - common Etheostoma olmstedi Tessellated darter - common Etheostoma flabellare Fantail darter - common Semotilus atromaculatus Creek chub - common The surveyed area of Middle Creek started along Creekvista Drive and extended to 100 meters above the powerline easement along Arctic Ridge Way. The stream was 5 meters wide with majority of the reach having depths less than 1 meter. Substrate was dominated by silt, sand, Arbor Creek Greenway Aquatic Survey Report June 2020 Page 9 and cobble particles. Evidence of beaver activivty was noted by the presence of gnawed branches. Within this reach run, riffle and pool habitats were present. Water levels were normal and visibility was clear during surveys. This site had 80% forest cover with moderate wooded buffers and a surrounding land -use being classified as natural and urban. Table 4. Species observed in UT to Middle Creek (200408.1cros) 6.5 hrs total time Scientific Name Common Name # Live Abundance/CPUE Freshwater Mussels CPUE Elliptic; complanata Eastern elliptio 99 15.23/hr Pyganodon cataracts Eastern floater 1 Utterbackia imbecillus Paper pondshell 1 Freshwater Clams and Fish Relative Abundance Corbicula fluminea Asian clam — common Lepomis gibbosus Pumpkinseed sunfish — common Lepomis macrochirus Bluegill sunfish — common Micropterus salmoides Largemouth bass — common Erimyzon oblongus Creek chubsucker — common Gambusia affinis Mosquitofish — common Etheostoma olmstedi Tessellated darter — common Etheostoma flabellare Fantail darter — common Semotilus atromaculatus Creek chub — common Surveys within UT to Middle Creek started at the confluence with Middle Creek and extended to 100 meters above the current boardwalk crossing (Figure 1). The stream width was 2 meters with majority of the reach having depths less than 0.5 meters within the reach downstream of the pond. Substrate was dominated by silt, sand, cobble, and gravel. Evidence of beaver activity was noted by the presence of gnawed branches. Run, riffle, and pool habitats were present within this reach. The stream width ranged from 2-3 meters with majority of the reach having depths less than 0.75 meters upstream of the pond and substrate was dominated by sand and silt. Evidence of beaver activity was noted by the presence of gnawed branches. Run and pool habitats were dominant within the upstream reach. Water levels were normal, and visibility was clear during surveys. This site had 70% forest cover with moderate wooded buffers and a surrounding land -use being classified as natural and urban. 6.0 DISCUSSION/CONCLUSIONS The survey efforts resulted in no observations of Neuse River waterdog, Carolina madtom, dwarf wedgemussel, Atlantic pigtoe, green floater, Tar River spinymussel or yellow lance individuals within Middle Creek or its unnamed tributary. Mussel species observed include Eastern elliptio, Asian clam, Eastern floater and the paper pondshell. Fish species observed include bluehead chub, creek chub, bluegill sunfish, green sunfish, pumpkinseed sunfish, golden shiner, creek chubsucker, mosquitofish, tessellated darter, fantail darter, largemouth bass and snail bullhead. Based on the distances to known occurrences of the target species and the results of these surveys, the project may affect but will not adversely affect the target species. The survey efforts detailed in the report serve to update species information within Middle Creek and its unnamed tributary. Arbor Creek Greenway Aquatic Survey Report June 2020 Page 10 Neuse River Waterdog Biological Conclusion: May Affect, Not Likely to Adversely Affect Habitat for the species was observed but no individuals were found within the surveyed reaches. Recommended Biological Conclusion for Proposed Critical Habitat: May Affect, Not Likely to Adversely Affect Proposed critical habitat for Neuse River waterdog is located downstream of the study area, suggesting that the proposed project may have an effect on proposed critical habitat for this species. Carolina Madtom Biological Conclusion: May Affect, Not Likely to Adversely Affect Habitat for the species was observed but no individuals were found within the surveyed reaches. Dwarf Wedgemussel Biological Conclusion: May Affect, Not Likely to Adversely Affect Habitat for the species was observed but no individuals were found within the surveyed reaches. Atlantic Pigtoe Biological Conclusion: May Affect, Not Likely to Adversely Affect Habitat for the species was observed but no individuals were found within the surveyed reaches. Recommended Biological Conclusion Proposed Critical Habitat: May Affect, Not Likely to Adversely Affect Proposed critical habitat for Atlantic pigtoe is located downstream of the study area, suggesting that the proposed project may have an effect on proposed critical habitat for this species. Green Flnater Biological Conclusion: May Affect, Not Likely to Adversely Affect Arbor Creek Greenway Aquatic Survey Report June 2020 Page 11 Habitat for the species was observed but no individuals were found within the surveyed reaches. Tar River Spin ymussel Biological Conclusion: May Affect, Not Likely to Adversely Affect Habitat for the species was observed but no individuals were found within the surveyed reaches. Yellow Lance Biological Conclusion: May Affect, Not Likely to Adversely Affect Habitat for the species was observed but no individuals were found within the surveyed reaches. Recommended Biological Conclusion for Proposed Critical Habitat: May Affect, Not Likely to Adversely Affect Proposed critical habitat for yellow lance is located downstream of the study area, suggesting that the proposed project may have an effect on proposed critical habitat for this species. Arbor Creek Greenway Aquatic Survey Report June 2020 Page 12 7.0 LITERATURE CITED AmphibiaWeb. 2019. <http://amphibiaweb.org> University of California, Berkeley, CA, USA. Accessed 10 Apr 2019. https://amphibiaweb.org/search/index.html Beans, BE and Niles, L. 2003. Endangered and Threatened Wildlife of New Jersey. Rutgers University Press. 303pp. Bogan, AE. 2002. Workbook and Key to the Freshwater Bivalves of North Carolina. North Carolina Freshwater Mussel Conservation Partnership, Raleigh, NC 101 pp, 10 color plates. Bogan, AE and Alderman, J. 2008. Workbook and key to the freshwater bivalves of South Carolina. Revised Second Edition. Bogan, A.E., J.Levine, and M.Raley. 2009. Determination of the systematic position and relationships of the lanceolate Elliptio complex (Mollusca: Bivalvia: Unionidae) from six river basins in Virginia. NC Museum of Natural Sciences, Raleigh, NC. 37pp. Brimley, CS. 1924. The waterdogs (Necturus) of North Carolina. Journal of the Elisha Mitchell Scientific Society 40: 166-168. Burr, BM, Kuhajda, BR, Dimmick, WW, Grady, JM. 1989. Distribution, Biology, and Conservation Status of the Carolina Madtom, Noturus furiosus, an Endemic North Carolina Catfish. Brimleyana 15:57-86. Conant, R and Collins, JT. 1998. A Field Guide to the Reptiles and Amphibians of Eastern and Central North America. Third Edition, Expanded. Houghton Mifflin Company. Boston, Massachusetts. Eads, C.B. and J.F. Levine. 2008. Carolina Heelsplitter (Lasmigona decorata) and Tar River Spinymussel (Elliptio steinstansana) Conservation Research: July 2007-June 2008. Final report submitted to the North Carolina Wildlife Resources Commission. Raleigh, NC. 18 pp• Fuller, SLH. 1973. Fusconaia masoni (Conrad 1834) (Bivalvia: Unionacea) in the Atlantic drainage of the Southeastern United States. Malacological Review 6:105-117. Fuller, SLH. 1977. Freshwater and terrestrial mollusks. In: John E. Cooper, Sarah S. Robinson, John B. Fundeburg (eds.) Endangered and Threatened Plants and Animals of North Carolina. North Carolina State Museum of Natural History, Raleigh. Haag, W. 2012. North American Freshwater Mussels: Natural History, Ecology, and Conservation. Cambridge University Press, Cambridge, NY. Arbor Creek Greenway Aquatic Survey Report June 2020 Page 13 Johnson, R.I. 1970. The systematics and zoogeography of the Unionidae (Mollusca: Bivalvia) of the southern Atlantic Slope region. Bulletin of the Museum of Comparative Zoology 140(6):263-449. Johnson, R.I. and Clarke, A. H. 1983. A new spiny mussel, Elliptio (Canthyria) steinstansana (Bivalvia: Unionidae), from the Tar River, North Carolina. Occasional Papers on Mollusks, Museum of Comparative Zoology, Harvard University, 4(61): 289-298. Menhinick, EF. 1991. The Freshwater Fishes of North Carolina. Raleigh, N.C. North Carolina Department of Environmental Quality (NCDEQ)a. Division of Water Resources. 2019. 2018 North Carolina Final 303(d) List. https:Hdeq.nc.gov/about/divisions/water- resources/planning/modeling-assessment/water-quality-data-assessment/integrated- report-files North Carolina Department of Environmental Quality (NCDEQ)b. Online GIS NPDES Stormwater Permits. Accessed March 23, 2020. https://data- ncdenr.opendata.arcgis.com/datasets/aec2efd4lf844be499db8adef43f9fd3_0 North Carolina Natural Heritage Program (NCNHP). 2020. Natural Heritage Element Occurrence. February 2020. North Carolina Wildlife Resources Commission. 2007. Carolina madtom species profile. Raleigh, NC.https://www.ncwildlife.org/Portals/0/Conserving/documents/Carolina_madtom_fac t_sheet_lo_res.pdf Ortmann, A.E. 1919. A monograph of the naiades of Pennsylvania. Part III: Systematic account of the genera and species. Memoirs of the Carnegie Museum 8(1):xvi-384, 21 pls. U.S. Fish and Wildlife Service. 2014. Tar River Spinymussel (Elliptic, steinstansana) 5-Year Review: Summary and Evaluation. Raleigh, NC. U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Yellow Lance (Elliptic, lanceolata). Version 1.2. March, 2017. Atlanta, GA. U.S. Fish and Wildlife Service. 2018a. Species status assessment report for the Carolina Madtom (Noturus furiosus). Version 1.1. November 2018. Atlanta, GA. U.S. Fish and Wildlife Service. 2018b. Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule and Critical Habitat Designation for Atlantic Pigtoe. 50 CFR 17: 83 FR 51570, 51570-51609 Docket No. FWS-R4-ES-2018- 0046. United States Fish and Wildlife Service (USFWS). 2019 Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4 (d) Rule for Neuse River Waterdog and Arbor Creek Greenway Aquatic Survey Report June 2020 Page 14 Endangered Species Status for Carolina Madtom and Proposed Designation of Critical Habitat. 50 CFR 17:84 FR 23644, 23644-23691 Docket No. FWS-R4-ES-2018-0092. Watters, G.T. and S.H. O'Dee 1997. Identification of potential host: Elliptio fisheriana (Lea, 1838), Fusconaia masoni (Conrad, 1834), Fusconaia flava (Rafinesque, 1820), and Pleurobema clava (Lamarck, 1819). Triannual Unionid Report No. 13:38. Widlak, J.C. 1987. Recovery Plan for the Tar River spiny mussel (Elliptio (Canthyria) steinstansana) Johnson and Clarke. U.S. Fish and Wildlife Service. Wolf, ED and Emrick V. 2011. Propagation and Culture of Species at Risk Atlantic Pigtoe. Arbor Creek Greenway Aquatic Survey Report June 2020 Page 15 APPENDIX A Figures al Holly springs SvLrzj--, : Esr-i, HERE, Garmin, x'CRENIE P.NRCan, Esri } A; A y{- �. % ; Imi ti -_ !4 - do A • w F� - ` Bridge #'I M Bridge #2 Project Stud Area k-rf - AquaticSurveysReach Prepared By: Prepared Far: Arbor Creek Greenway Project �ikcd By. - i -d By: G,3 Figure S _ I � FIT T,1' FCITtit P Vicinity Map and Survey Locations � J Y {' Y F1iddle 'Cr-?k and UT rVl iddIe Creek k.3u 0 225 4W from the vicinity of SLin set Lake R.,,3c Feet to Lockley Read t: k&County, North Carolina waymm N I,.�I�.� z* C6N A A X ry' 4i' yMh,l�y,, -.OtWF } LM t r *• ' Ry e EO #21412 0 r�4ndar G u � 1 r t r"+ grc.l rr,Mr +ir#p' RW°arm , � 4 F 'M1. - v EO 410676 1 }}� loft 5 No QLA q 4r r P ��r � Irrr �• EO #8258._- r'n: r.'bsd EO421MM EO #3495fr "'¢ � �iti PL t,ALQ L EO #13799 Jf M N� � - �1 115i1 ti ffn C+• Protect Studk .area Tar River spinymussel rp¢ Olt Atlantic plgtoe Yellow lance r y��'-�� D'rvarf -'rvedge mLIssel � � � � � z He Rrver waterdog eL S{}LKC Esri, 1fEJ Ers GS' I w INCREMENT 1 'en, Esri Green floater : �Fm�n�alf P. C3r.Dlin3 m3dtom tiapan, M£rl, Esi?i China ; Ug �j Esri ea, Fsri :Thailand), NC r � Op StfeetMa �artritwtars, and GIsUser Community, ESFi. iiERE. w armin,[qOperfS eetMap ibutar5,and MeC1Susercomm unity Prepared t3y: Prepared F2r: a�mday. I —day Figure Arbor Creek Greenway Project - S I VOT T.V MCNHP Element Occurrences Middle Greek and UT M iddle Creek 3 _ from the vicinity of Sunset Lake Road to Lockley Road v,x. Wake County, North CaioHna `= ` `- Z TW � 7 L---00 41 Ail 91 MOD eNAW 19mm V LF" PK-P r It; ,,4fr 'rtrb.1 Dr k, LL jrtr' Y"a PILL woo ?P� 46 ti Ai Flack, g i1r114L* four JL*s P7, P roi e ct Stu d re a BOLFCE-5: FSF i, HERE. C srmin. U Inter NCREMEN'r P, NRCLsn, ESFi Japan,METI, alriCh a 'HonGJ. ESFi Kay ES Fi ;Thailand, N OCC. c� g �n Atlantic pigtoe Proposed Critical Hwitat OpenStreLtNlap m but F5. and e GIS UBeF C m u n ity, EW i. HERE. CaFM i n, r r� OpenStreet!Vla p onn, bufors, and the - seF cmmm u n ity Prepared By: Prepared FDf: 'acmred i3y By Figure Arbor Creek Greenway Project v--r Ld P ��ti VOT T.%V Proposed Critical Habitat Middle Creek and UT Id iddle Creek 0 1 2 fromthe vicinity of Sunset Lal.e Road MEN= Miles to Lockley Road Dom: Mk&Couaty, North Carolina May 2aM I .4 ,I �4{k4 fiih d MI x �gb _ {*k °'fad -4kJ} •Y� C f i'' � �' � � '�°wa'n� 7�II�LO i9 :urt -n K I _+ in nkl 4 0? ` � 1 Lr'A0 —o a Carywimp- ,'�rk• arR x r I w y R+ • A Qk ,S DI s o-kI of 3 ; X14, ,4*r? c: r' HacA N!J 4- AL3 � Y • _ t • b I} F riL 1 Zr O ik4 y�l Rd �8cian¢i1111iK'S Vi c, jl 'S P FaurUakG { 7 i C,� a Project Stud} Area Souse's: Esri, WERE, Garmin, u Inter INC REM EWr P,, XRCa n, ES Fi ' .fa pan,MET1. EsriChina :Hong Q),Esri Km ESFi ;Thailendj, aGCC, to? Neuse Riverwaterdog Proposed Crltic3l H3Mit3t Open5treetfOep mn.tributm, a.nd eGISUser C munity, aFi, ffERE. Garmin, (q OpenStreetMap con butors, and the ser community Prepared By: Prepared Far: QmiedR Ada.' Figure Arbor Creek Greenway Project VCT SP I VOT T,I' y sT RWT s Proposed Critical Habitat �,liddle Creek and UT rV1i'�dle Creek scam. o from the vicinity of SLlnset Lake Road to Lockley Road max. ak&County, North Carolina 'W 14 Q-4 d Ad �qu N qr IP-11*0 I kil Lk-.Dll* 1101 IL AV mom- .1h 010 Pr if N.Rre *d A 2r k d(3: t'61 11-1�' b r.C,41t. Yi F�hk H'rL'd Pill 33 wJ ZED 41 - 41 & 46 -e & IL Ix T. IN% fLO LI I=OUP-006 Am Lr ;b "X 'Y" ELL P roj e ct StLI -i -1. re a SoLruEs: Fsri, HERE, Garmin, U Inter NCREMENIT R r+ RGsn, FSFi �a p 9 n, ME71, ESF i C h in a ;Hong gJ. ESFi KoF aFi :Thailend�, NOC C. '0� Ye I lo'w I an ce Propose al Criti ca I Ha 3 it at OpenSteeLAN143p mr.Lributor5. and .e 4315 User G m Li n ity. 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'' Inn jIrAI'� yV •rc -0,er •� 9rhu 61 .. r I. n"' 4 Project Stud l 5 E* x C s} 1 y Area = Esri r o w° Soup: Esri, HERE',Parmin.dJ5GS, Inter map, INCREMEArFF,, NR4 En, JrIpar., MEN I, Esri Chili {Hong }Gong), Esri Korea, Esri �T#Isilend?, H CC, 5 NPDES Discharges OpenStr dlip.pmntrit�d$ theGISUserConrriunity, Esri, WERE. 3 J n n Garmijj, {q Op%nStreatMa p mrtir itwtm , and the G IS user comumn ity Prepared By: Pirepared Far: a6i d By tad By: Figure Arbor Creekreenway Project %,vr cm3 S I ' y HOT T,1' s s NDPES Discharges Middle Creek and UT Middle Creek r a D Bao 1.0010 �_P from the vicinity of Sunset Lake Road MOEN=Faet to Lockley Road 1i'I�keCounty, North Carolina 11kim �