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HomeMy WebLinkAbout20201934 Ver 1_T&E Supplemental info for PE4 ePCN Form_20210212Supplemental Information – Cabarrus 015 Supplemental Information ePCN Form – NCDOT Division 10 – SR 1616 (Tuckaseegee Road) over Mill Creek Project Number 17BP.10.PE.4 G. Supplemental Information 5. Endangered Species and Critical Habitat STV Engineers, Inc. (STV) conducted field reviews of an approximate 4.6-acre study area on March 5, 2018 and October 25, 2019. Prior to the field reviews, STV reviewed U.S. Fish and Wildlife Service (USFWS) and North Carolina Natural Heritage Program (NCNHP) online databases for information related to the occurrence of federal and state protected (threatened or endangered) species in Cabarrus County. The USFWS Raleigh Field Office online protected species database, updated November 13, 2019, lists three federally protected species as occurring or having the potential to occur in Cabarrus County (Table 1) in addition to the bald eagle. Per NCNHP protected species occurrence records obtained on January 16, 2020, there are no known occurrences of federally protected species within one mile of the study area. A brief description of each species, including habitat requirements and physical characteristics, and biological conclusion rendered based on surveys of the study area follow. Habitat requirements for each species are based on current USFWS guidance and available literature. Table 1. ESA federally protected species listed for Cabarrus County Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Helianthus schweinitzii Schweinitz’s sunflower E Yes No Effect Lasmigona decorata Carolina heelsplitter E No No Effect Myotis septentrionalis Northern long-eared bat T Yes * E – Endangered T – Threatened * May Effect - NLEB is exempt due to consistency with 4(d) rule Schweinitz’s sunflower USFWS Optimal Survey Window: late August-October 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. This sunflower 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 plant is generally found growing on Supplemental Information – Cabarrus 015 shallow sandy soils with high gravel content; shallow, poor, clayey hardpans; or shallow rocky soils, especially those derived from mafic rocks. Biological Conclusion: No Effect STV Environmental Scientists Brandon Phillips, CHMM and Timothy O’Halloran, WPIT conducted plant by plant field surveys for the presence of Schweinitz’s sunflowers on October 25, 2019 during the flowering season and USFWS-designated optimum survey window. Suitable habitat was found along the SR 1616 roadside and woodland edges, but no sunflowers were observed. Review of the NCNHP element occurrence records revealed no documented occurrences or populations of Schweinitz’s sunflower in the study area or within one mile of the study area. Based on the literature review and field survey conducted during the flowering season, it is determined that the project would have no effect on Schweinitz’s sunflower. Carolina heelsplitter USFWS Recommended Survey Window: year round Habitat Description: The Carolina heelsplitter is a freshwater mussel species with an ovate, trapezoid-shaped shell. The outer surface of the species’ shell is yellow-green to brown in color with green-black rays, and the inner shell is iridescent to mottled pale orange in color. The average size (width) of the shell is 78 millimeters (mm) across. The species is found in small to large streams and rivers with cool, clean, well-oxygenated water and silt-free bottoms. Individuals are typically found in undercuts among buried logs and rocks along well-shaded banks stabilized with extensive tree roots. Per the USFWS’s Carolina Heelsplitter Five-Year Review: (2019), eleven populations of Carolina heelsplitter are known to exist, three of which occur within North Carolina. Specifically, two small remnant populations exist in Union County within the Catawba River system including one within Waxhaw Creek and one within Sixmile Creek. Another small population is known to exist in Union County within Goose Creek, a tributary to the Rocky River, located within the Pee Dee River system. Biological Conclusion: No Effect A review of the NCNHP database on January 16, 2020, indicates no known occurrences within one mile of the study area. The USFWS record of the Carolina heelsplitter in Cabarrus County is a historic record, meaning the species has not been documented in the county in over 50 years. Due to the Carolina heelsplitter having a historic record status only, it is determined that the project will have no effect on the Carolina heelsplitter. Northern long-eared bat USFWS optimal survey window: June 1 – August 15 The northern long-eared bat (NLEB) is a medium-sized bat approximately three to 3.7 inches in body length with a wingspan of nine to 10 inches. As its name suggests, this bat species is distinguished from other species in the genus Myotis by its long ears. The range of the NLEB consists of the eastern and north central portions of the United States including 37 states. In North Carolina specifically, the NLEB primarily occurs in the western part of the state in the mountain Supplemental Information – Cabarrus 015 region. Only scattered occurrences have been documented in the piedmont and coastal plain regions of the state. In western North Carolina, NLEBs spend winter hibernating in caves and mines. During the summer, NLEBs roost singly or in colonies within trees including underneath the bark, in cavities, or in crevices. Roosting trees can be both live and dead and are typically ≥ three inches diameter at breast height in size. Males and non-reproductive females may also roost in cooler places such as caves and mines. The NLEB has also been observed roosting in man-made structures including barns and sheds, under eaves of buildings, behind window shutters, in bridges, and bat houses. Foraging habitat includes forested hillsides and ridges, the airspace above waterways, and along woodland edges. Mature forests are generally considered to an important habitat type for foraging. The final 4(d) rule for the NLEB went into effect February 16, 2016. Within the range of the NLEB in North Carolina, any take of the species within a hibernaculum (breeding grounds) is prohibited including any action that may change the nature of the hibernaculum’s environment or entrance ways. The 4(d) rule exempts incidental takes of the species for tree-cutting activities occurring greater than 0.25-mile from a known hibernaculum or more than 150 feet from a known maternity roost during the pup-rearing season (June 1 through July 31). Additionally, the U.S. Army Corps of Engineers (USACE), and the USFWS developed a Standard Local Operating Procedures for Endangered Species (SLOPES) agreement concerning potential effects to the federally-threatened NLEB (Myotis septentrionalis). The SLOPES was signed and became effective on January 30th, 2017. The SLOPES agreement details how the USACE will make determinations of effect to the NLEB when the USACE is the lead federal agency for a project, and is applicable to activities regulated pursuant to Section 404 of the Clean Water Act (CWA) and/or Section 10 of the Rivers and Harbors Act (RHA) of 1899 in the western 41 counties of North Carolina, to include North Carolina Department of Transportation (NCDOT) non-federal aid projects. The SLOPES is also applicable to non-NCDOT projects in the eastern 59 counties of North Carolina. Based on review of the USFWS Asheville Field Office’s online database on January 15, 2021, no known NLEB hibernation or maternity sites have been documented within Cabarrus County. A review of the NCNHP records accessed on January 16, 2020 revealed no known occurrences of NLEB within the study area or within one mile of the study area. A field review conducted by STV biologist Brandon Phillips, CHMM and environmental scientist Joshua Kotheimer, WPIT on March 5, 2018 concluded that no caves or mines (potential hibernacula) exist in the study area and no evidence of bats was discovered upon inspection of the pipe/culvert; however, potential foraging and roosting habitat, including trees and the air space above Mill Creek, is present. The project may require tree clearing but no pile driving, blasting, or percussive activities are anticipated. Based on the findings and in conforming to SLOPES procedures it has been determined that the USACE’s Alternative Local Procedure (ALP) Situation 1 would be applicable. The biological conclusion for NLEB is May Effect, however, NLEB is exempt due to consistency with the 4(d) rule. Biological Conclusion: May Effect - NLEB is exempt due to consistency with 4(d) rule Bald and Golden Eagle 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 Supplemental Information – Cabarrus 015 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 August 21, 2019 using the latest NC OneMap color aerials. The study area is located within 1.0 mile of an unclassified approximate 2.3-acre pond. Although this pond is potentially large enough, the foraging habitats were determined to be of low quality for bald eagle foraging. Due to the low quality foraging habitat, a survey of the study area and the area within 660 feet of the project limits was not conducted. Additionally, a review of the NCNHP database on January 16, 2020 revealed no known occurrences of this species within 1.0 mile of the study area. Due to the lack of habitat, known occurrences, and minimal impact anticipated for this project, it has been determined that this project will not affect this species.