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HomeMy WebLinkAbout20200186 Ver 2_T&E Supplemental info for Apple Creek PCN Form_20200215Apple Creek Corporate Park Permit Supplemental Information ePCN Form – Apple Creek Corporate Park Permit Gaston County Economic Development Commission C. Project Information and Prior Project History 4b. The southern portion of the project study area was previously owned by Applewood Properties, LLC, and as part of a separate and independent project was the subject of a Nationwide Permit #39 (SAW-2003-30504) for the development of a golf course and associated driving range and clubhouse. The NWP #39 authorized the impact to 503 linear feet of unnamed tributaries to Long Creek and 0.203 acre of wetland. Of the 503 linear feet off stream channel impacted, 385 linear feet was intermittent and determined to have “unimportant” aquatic function. The development of the golf course was abandoned during the recession and it is our understanding that the permittee is deceased. The abandoned golf course property was subsequently acquired by the Gaston County Economic Development Commission as part of the land acquisition to accommodate a road and the development of a future business park. G. Supplementary Information 5. Endangered Species and Designated Critical Habitat STV Engineers, Inc. (STV) conducted protected species habitat assessments of an approximately 340-acre study area on May 7th through the 9th, August 10th through September 9th, 2018, and November 22nd, 2019. Prior to the field reviews, STV reviewed U.S. Fish and Wildlife (USFWS) and North Carolina Natural Heritage Program (NCNHP) online databases for information related to the occurrence of federal and state protected (threatened or endangered) species in Gaston County. The USFWS Asheville Field Office online protected species database, updated June 27, 2018, lists five federally protected species as occurring or having the potential to occur in Gaston County (Table 1) including the bald eagle (Haliaeetus leucocephalus) which is protected under the Bald and Golden Eagle Protection Act. A brief description of each species, including habitat requirements and physical characteristics, and biological conclusion rendered based on surveys of the study area follow. Habitat requirements for each species are based on current available literature and/or the USFWS. Correspondence from the USFWS on August 12, 2019 specifically requested surveys for bog turtle and bald eagle that were conducted on November 22, 2019. Table 1. ESA federally protected species listed for Gaston County Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Glyptemys muhlenbergii Bog turtle T(S/A) Yes NE Helianthus schweinitzii Schweinitz’s sunflower E Yes NE Hexastylis naniflora Dwarf-flowered heartleaf T Yes NE Myotis septentrionalis Northern long-eared bat T Yes + E - Endangered T – Threatened T(S/A) – Threatened sue to similarity of appearance NE - No Effect + - May Effect – NLEB is exempt due to consistency with 4(d) rule Apple Creek Corporate Park Permit 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 Natural 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 mean 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 – Cullowhee complex, Toxaway, Tuckasegee – Cullasaja complex, Tusquitee, Watauga, and Wehadkee. Biological conclusion: No Effect Potential habitat may exist within the study area, but this habitat is being impacted by the flooding caused by beaver activity. There are records of bog turtle being located in Gaston County and the USFWS has indicated that bog turtle has been identified in the vicinity of the project. Surveys were conducted by STV biologists Brandon Phillips, CHMM and Joshua Kotheimer, PWS throughout areas of suitable habitat on May 7th through the 9th, 2018. No bog turtles were observed and the field surveys were conducted during the recommended survey window. The NCNHP website was reviewed (November 20, 2019) to determine the locations of the nearest populations of bog turtle. The NCNHP determined that no populations of bog turtle were present within one mile of the study area. Based on the findings of the field survey and the NCNHP, and the minor impacts to wetlands, no effect to bog turtle is anticipated. Schweinitz’s sunflower USFWS Optimal Survey Window: late August-October Habitat Description: Schweinitz's sunflower is endemic to the Piedmont 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 semi-sunny habitats where disturbances (e.g., mowing, clearing, grazing, blow downs, storms, frequent fire) help create open or partially open areas for sunlight. The plant 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. This perennial plant 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. Apple Creek Corporate Park Permit Biological Conclusion: No Effect Suitable habitat for Schweinitz's sunflower is present in the study area utility easement and along roadside shoulders. Plant by plant surveys were conducted by STV biologists Joshua Kotheimer, PWS and Steven Busbee, PWS throughout areas of suitable habitat on August 10th through September 9th, 2018, and STV biologists Brandon Phillips, CHMM and Timothy O’Halloran, WPIT on November 22nd, 2019. No individuals of Schweinitz's sunflower were observed and the field surveys were conducted during the flowering season. A review of NCNHP records on November 20, 2019 indicates no known occurrence within one mile of the study area. Based on the literature review and field surveys completed during the flowering season, no effect to Schweinitz’s sunflower is anticipated. Dwarf-flowered heartleaf USFWS Optimal Survey Window: March-May Habitat Description: Dwarf-flowered heartleaf is endemic to the western Piedmont and foothills of North and South Carolina. This herbaceous evergreen is found in moist to rather dry forests along bluffs; boggy areas next to streams and creek heads; and adjacent hillsides, slopes, and ravines. Requiring acidic, sandy loam soils, the species is found in soil series such as Pacolet, Madison, and Musella, among others. Occurrences are generally found on a north facing slope. Undisturbed natural communities such as Piedmont/Coastal Plain Heath Bluff, Dry-Mesic Oak Hickory Forest, and Mesic Mixed Hardwood Forest hold the most viable occurrences. However, less viable remnant occurrences are found in disturbed habitats, including logged, grazed, mown, and residential/commercial developed lands; areas converted to pasture, orchards, and tree plantations; roadside rights-of-way; and on upland slopes surrounding manmade ponds or lakes. Biological Conclusion: No Effect Suitable habitat for dwarf-flowered heartleaf is present in the study areas forest in the northern portion of the site. Plant by plant surveys were conducted by STV biologists Brandon Phillips, CHMM and Joshua Kotheimer, PWS throughout the study area on May 7th through the 9th, 2018. No individuals of dwarf-flowered heartleaf were observed and the May survey was conducted during the flowering season. A review of NCNHP records on November 20, 2019 indicates no known occurrences within one mile of the study area. Based on the findings of the field survey and the NCNHP, no effect to dwarf-flowered heartleaf is anticipated. Northern long-eared bat USFWS Recommended Survey Window: June 1 – August 15 Habitat Description: In North Carolina, the northern long-eared bat (NLEB) occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. During the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically ≥3 inches dbh). Males and non-reproductive females may also roost in Apple Creek Corporate Park Permit 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, and along tree-lined corridors. Mature forests may be an important habitat type for foraging. Biological Conclusion: May Effect – Exempt due to 4(d) rule Potential summer roosting habitat exists within the wooded areas of the study area. There are records of NLEB being located in Gaston County. The NCNHP website was reviewed on November 20, 2019 to determine the locations of the nearest populations of NLEB. The NCNHP determined that no populations of NLEB were present within one mile of the study area. The USFWS has concluded the project would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule. Bald and Golden Eagle Protection Act The bald eagle is protected under the Bald and Golden Eagle Protection Act, and enforced by the USFWS. Habitat for the bald eagle primarily consists of mature forests in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. A desktop-GIS assessment of the study area, as well as the area within a 1.0-mile radius of the project limits, was performed on May 6, 2018 using the latest NC OneMap Orthoimagery. The USFWS and the NCNHP both determined that bald eagle is present in the project vicinity, less than a mile away. The study area falls within one mile of the border of Rankin Lake, a Class C surface water. Due to the close proximity of the lake to the project limits it was determined that an eagle survey was necessary. A survey of the study area and the area within 660 feet of the project limits was conducted on November 22nd, 2019. There were no eagles or eagle nests observed during the eagle survey. The review of the NCNHP database on November 20, 2019 revealed occurrences of this species within 1.0 mile of the study area. Due to the findings of the eagle survey, it has been determined that this project will not affect this species.