Loading...
HomeMy WebLinkAbout20191233 Ver 2_USFWS_ConcurrenceRequest_CrabtreeRaleigh_Rev20190913_reduced_20210305 September 13, 2019 Mr. Gary Jordan US Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Re: Updated Request for Concurrence Crabtree Creek Trail – Lindsay Dr. to Ebenezer Church Rd. Wake County, NC TIP No. C-5604-OD Mr. Jordan: VHB is under contract with Stewart, Inc. (Stewart) to provide natural resources assessments for the proposed Crabtree Creek Trail project. The proposed trail construction is a City of Raleigh project that is partially federally funded, with funds administered by NCDOT. This request is an update to a previous request which was addressed in a concurrence letter dated November 21, 2016 from Gary Jordan, who concurred with the biological conclusion of No Effect for Michaux’s sumac and red-cockaded woodpecker and May Affect, Not Likely to Adversely Affect for dwarf wedgemussel. Since the date of the original biological conclusions and concurrence, additional species have been listed and proposed for listing in Wake County. This updated request addresses these additional species and provides recent survey information for species previously addressed. We have attached the following information to assist with your review: • Protected Species Assessment including project description and proposed biological conclusions for the listed and proposed species; • Figures – o 1. Vicinity Map o 2. Study Area and Terrestrial Communities o 3. Aquatic Habitat Impact Avoidance Exhibit • Site photographs We respectfully request your consultation on our findings for the listed and proposed species, and welcome your input. Thank you in advance for your assistance on this project. Please do not hesitate to contact me at (919) 741- 5784 if you have any questions or concerns. Sincerely, VHB David G. Cooper Senior Environmental Scientist cc: Ed Lynch, AICP, Stewart Chris Murray, PWS, NCDOT VHB Project No. 39043.00 Page 2 of 7 PROTECTED SPECIES ASSESSMENT Crabtree Creek Trail – Lindsay Drive to Ebenezer Church Road Wake County, NC PROJECT DESCRIPTION AND SETTING The proposed trail alignment will begin at a proposed bridge over Crabtree Creek between Picardy Drive and Lindsay Drive. The trail will follow the north side of Crabtree Creek, and will again cross Crabtree Creek via a bridge, and will then pass under Duraleigh road on the south side of the creek. The alignment will immediately traverse up the slope on the west side Duraleigh road and connect to the existing multi-purpose trail for a distance of approximately 2,000 feet. The trail will cross the southern portion of the Hanson Quarry property to Richland Creek where it will follow the creek to Crabtree Creek. Three bridges over Richland Creek are required due to steep slopes adjacent to the creek. The trail will continue on the south side of Crabtree Creek and connect to the existing trail system in Umstead State Park. Please refer to Figure 1 for a vicinity map of the project. The greenway will be designed as a multi-use bicycling and pedestrian trail. This type of trail is typically constructed as a 10-foot wide asphalt path, with an aggregate base, and two-foot wide shoulders on either side. Land disturbance for the construction of these trails is generally 15 to 20 feet wide. The project will require two bridges across Crabtree Creek and three bridges across Richland Creek. The design calls for bridges to be single span structures, with no temporary or permanent impacts to the stream bed as a result of construction. One of the bridges has been designed as a suspension bridge in order to avoid placing bents in the channel of Crabtree Creek. Tributaries to Crabtree and Richland Creeks will be crossed with boardwalk structures. Small areas of bank stabilization at ditch outlets along the trail, consisting of riprap placed on the banks of streams, are proposed in order to reduce the possibility of bank erosion. These bank stabilization areas are designed to have minimal impact to the stream bed and will not impede the passage of aquatic life. Erosion and sedimentation will be controlled by the use of silt fencing along the corridor, and the project proposes to adhere to practices outlined in Design Standards in Sensitive Watersheds. If land disturbance is required near a stream, straw wattles and/or temporary rock silt checks may be used to treat water from disturbed areas. Several factors including drainage area, steepness of slope, and site-specific field conditions will dictate the actual device(s) used for sedimentation and erosion control. Crabtree Creek, Richland Creek, and their tributaries have been impaired by development, channel relocation, channel revetments, and subsequent runoff and pollutants. Approximately 80 percent of the contributing upstream watershed is comprised of suburban, commercial and light industrial development. The condition of these reaches and habitats is further described below. Crabtree Creek originates approximately 14 river miles west and upstream of the study area in western Wake County, and flows north and east through primarily residential and commercial areas in Cary and Morrisville. The creek is impounded by Lake Crabtree approximately 5.75 river miles upstream of the project area, and then continues east into the primarily forested William B. Umstead State Park and onto the study area. The Crabtree Quarry, a long-running surface mining operation, is located adjacent to Crabtree Creek within the study area. Stream substrate within the study area is variable, with areas consisting of primarily bedrock, cobble, gravel, sand, and silt. Baseflow within the study area is approximately 60 feet wide. Downstream of the study area, the creek continues through residential, commercial, and industrial areas in Raleigh, to its confluence with the Neuse River in eastern Raleigh. Richland Creek originates approximately 4.87 river miles south and upstream of the study area in west-central Wake County, and flows north through residential and forested areas in Raleigh. The creek flows through the Carl Alwin Schenck memorial forest, and is impounded by a small lake near Reedy Creek Rd., and then continues north through forested areas and onto the study area. Richland creek reaches its confluence with Crabtree Creek on the study area. Stream substrate within the study area is variable, with areas consisting of primarily bedrock, cobble, gravel, sand, and silt. Baseflow within the study area is variable, but is generally between approximately 15 and 30 feet wide. VHB Project No. 39043.00 Page 3 of 7 FEDERALLY PROTECTED SPECIES Endangered Species Act Protected Species As of the most recently updated county list, dated June 27, 2018, the U.S. Fish and Wildlife Service (USFWS) lists six federally protected species under the Endangered Species Act (ESA) for Wake County. In addition, the USFWS Information for Planning and Consultation (IPaC) official species list for the project, dated August 29, 2019, lists three species proposed for protection as potentially occurring within the project study area (Table 1). Although not currently listed by USFWS in Wake County, we also discuss the northern long-eared bat in this section. For each species, a discussion of the presence or absence of habitat is included below along with the Biological Conclusion rendered based on survey results in the study area. Table 1. Federally Protected Species Listed for Wake County Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Rhus michauxii Michaux’s sumac Endangered Yes No Effect Picoides borealis Red-cockaded woodpecker Endangered Yes No Effect Alasmidonta heterodon Dwarf wedgemussel Endangered Yes May Affect, Not Likely to Adversely Affect Parvaspina steinstansana Tar River spinymussel Endangered No No Effect Elliptio lanceolata Yellow lance Threatened No No Effect Notropis mekistocholas Cape Fear shiner Endangered No No Effect Fusconaia masoni Atlantic pigtoe Proposed Threatened Yes Unresolved Noturus furiosus Carolina madtom Proposed Endangered Yes May Affect, Not Likely to Adversely Affect Necturus lewisi Neuse River waterdog Proposed Threatened Yes May Affect, Not Likely to Adversely Affect Myotis septentrionalis Northern long-eared bat Threatened 4(d) Yes May Affect, Likely to Adversely Affect Michaux’s sumac USFWS Optimal Survey Window: May-October Biological Conclusion: No Effect A desktop-GIS assessment of the project study area was performed in August 2019 using 2017 color aerials. Areas with an open canopy such as utility line and sewer rights-of-way, old road beds, forest clearings, and road edges were identified as potentially suitable habitat for Michaux’s sumac and targeted for field survey. A NCNHP data explorer report dated August 29, 2019 revealed no known occurrences of this species within 1 mile of the project study area. Visual inspection of the project area determined that suitable habitat is limited. Most of the open canopy areas identified by desktop assessment were observed in the field to be generally too moist to support this species, and were within the active floodplain of Crabtree Creek. Updated plant-by-plant surveys for this species were conducted on August 29, 2019 with the result that no specimens of Michaux’s sumac were located. Due to the lack of observed specimens, the limited amount of suitable habitat, the lack of known occurrences within 1 mile of the study area, and the minimal impact anticipated for this project, it has been determined that this project will not affect this species. VHB Project No. 39043.00 Page 4 of 7 Red-cockaded woodpecker USFWS Recommended Survey Window: year round; November-early March (optimal) Biological Conclusion: No Effect A desktop-GIS assessment of the project study area was performed in August 2019 using 2017 color aerials. The surrounding area within ½ mile of the study area consists primarily of residential neighborhoods, a large quarry operation, and a portion of Umstead State Park. Forested areas in this radius are predominantly hardwood or mixed pine-hardwood stands. The few areas which appeared to be dominated by pine trees were identified as potentially suitable habitat for red-cockaded woodpeckers and targeted for field survey. An initial field survey of the study area was conducted on September 22 and 23, 2014, and an updated field survey for this species was conducted on August 29, 2019. A NCNHP data explorer report dated August 29, 2019 revealed no known occurrences of this species within 1 mile of the study area. NCNHP records dated July 2018 indicate that all RCW records within a 30 mile radius of the study area are either historical records or RCWs have been documented extirpated from these areas. The closest historical/extirpated RCW record to the study area in this data set is approximately 11.6 miles away. Visual inspection of the project area determined that most areas dominated by pine do not constitute suitable nesting or foraging habitat due to the relatively young age (under 30 years), dense tree spacing, and tall understory. An area approximately 1 acre in size consisting of loblolly pines between 35 and 61 years old was found in the floodplain near the confluence of Crabtree and Richland Creeks. A comparison of historic aerial imagery shows that this area was bare of trees in 1959, but was forested in 1971. Although pines in this area are old enough to be considered foraging and nesting habitat, the understory consists of tall shrubs and lacks grasses and other herbs characteristic of good quality foraging habitat. An updated survey of potentially suitable habitat within this area and within ½ mile of the study area was conducted on August 29, 2019, with the result that no RCW nest cavities were located. Due to the lack of good quality nesting and foraging habitat, the lack of known occurrences within 1 mile of the study area, the apparent extirpation of RCWs from the surrounding area, the lack of nest cavities observed during surveys, and the minimal impact anticipated for this project, we have determined that this project will not affect this species. Dwarf wedgemussel USFWS Recommended Survey Window: Year-round Biological Conclusion: May Affect, Not Likely to Adversely Affect Marginally suitable habitat for the dwarf wedgemussel exists within Crabtree Creek and Richland Creek within the project area. The reaches of Crabtree and Richland Creeks within the study area are not USFWS-designated Identified Stream Reaches (ISRs) or within 0.25 mile of an ISR for this species per the June 2019 ISR layer. The study area is located within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated August 29, 2019, includes the dwarf wedgemussel. A NCNHP data explorer report dated August 29, 2019 revealed no known occurrences of this species within 1 mile of the study area. NCNHP records dated July 2018 show the closest documented population of the dwarf wedgemussel in the Neuse basin is located approximately 14 river miles downstream of the study area in the main stem of the Neuse River, upstream and downstream of its confluence with Crabtree Creek. The record for this population is categorized as “historical”. The record is dated 1951, and no more recent information on the population is available in the NCNHP database. Due to the lack of proposed impacts to streams associated with the project design, a mussel survey has not been conducted at this time. Due to the distance from known populations, the degraded condition of potential mussel habitat in the project vicinity, and the proposed avoidance of impacts to stream channels during project construction, we have determined that this project may affect, but is not likely to adversely affect this species. VHB Project No. 39043.00 Page 5 of 7 Tar River spinymussel USFWS optimal survey window: year round Biological Conclusion: No Effect Mussel habitat within the project area includes Crabtree and Richland Creeks. The reaches of Crabtree and Richland Creeks within the study area are not USFWS-designated ISRs or within 0.25 mile of an ISR for this species per the June 2019 ISR layer. The study area is not within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated August 29, 2019, does not include the Tar River spinymussel. A NCNHP data explorer report dated August 29, 2019 revealed no known occurrences of this species within 1 mile of the study area. Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream channels during project construction, we have determined that this project will not affect this species. Yellow lance USFWS optimal survey window: Undetermined Biological Conclusion: No Effect Mussel habitat within the project area includes Crabtree and Richland Creeks. The reaches of Crabtree and Richland Creeks within the study area are not USFWS-designated ISRs or within 0.25 mile of an ISR for this species per the June 2019 ISR layer. The study area is not within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated August 29, 2019, does not include the yellow lance. A NCNHP data explorer report dated August 29, 2019 revealed no known occurrences of this species within 1 mile of the study area. Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream channels during project construction, we have determined that this project will not affect this species. Cape Fear shiner USFWS optimal survey window: April-June (tributaries); year-round (large rivers) Biological Conclusion: No Effect Fish habitat within the project area includes Crabtree and Richland Creeks. The study area is not within the Range by Basin for this species, and the species has not been documented in the Neuse River basin, in which the study area is situated. The USFWS IPaC official species list for this project, dated August 29, 2019, does not include the Cape Fear shiner. A NCNHP data explorer report dated August 29, 2019 revealed no known occurrences of this species within 1 mile of the study area. Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream channels during project construction, we have determined that this project will not affect this species. Atlantic pigtoe USFWS optimal survey window: Undetermined Biological Conclusion: Unresolved Atlantic pigtoe habitat within the project area includes Crabtree and Richland Creeks. A portion of Crabtree Creek within the study area is a USFWS-designated ISR for this species. Richland Creek is not an ISR for this species per the June 2019 ISR layer. The study area is located within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated August 29, 2019, includes the Atlantic pigtoe and states that the project is not located within its proposed critical habitat. A NCNHP data explorer report dated August 29, 2019 revealed a VHB Project No. 39043.00 Page 6 of 7 known occurrence of this species within the study area. Due to the recency of known records for this species in the project area, USFWS has requested a mussel survey for this species within suitable habitat in the project area. The biological conclusion for this species is currently unresolved, pending the results of the aforementioned survey. If no specimens are found, a biological conclusion of May Affect, Not Likely to Adversely Affect will apply. If specimens are found, additional consultation will take place between the Federal Highway Administration and USFWS to ensure project compliance with the ESA. Neuse River waterdog USFWS Recommended Survey Window: Undetermined. Trapping surveys typically conducted in winter. Biological Conclusion: May Affect, Not Likely to Adversely Affect Neuse River waterdog habitat within the project area includes Crabtree Creek. Richland Creek within the study area may contain marginally suitable habitat for this species, but does not contain the deep pools or eddies filled with organic matter where this species is typically found. The study area is located within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated August 29, 2019, includes the Neuse River waterdog and states that the project is not located within its proposed critical habitat. A NCNHP data explorer report dated August 29, 2019 revealed a known occurrence of this species within the study area. The status of the occurrence, dated 1979, is Historic. Recent re-surveys for this species have been conducted by the NC Wildlife Resources Commission and NC State University at historic localities across North Carolina. Crabtree Creek was not among sites re-sampled by NCWRC or NCSU (Jeff Humphries/NCWRC, pers. comm.). Due to the lack of proposed impacts to streams associated with the project design, a Neuse River waterdog survey has not been conducted at this time. For the purpose of this evaluation, we assume presence and that stream bed impacts will be avoided as proposed. Due to the assumed presence of this species within the study area and the proposed avoidance of impacts to stream channels during project construction, we have determined that this project may affect, but is not likely to adversely affect this species. Carolina madtom USFWS Recommended Survey Window: Undetermined Biological Conclusion: May Affect, Not Likely to Adversely Affect Potential Carolina madtom habitat within the project area includes Crabtree and Richland Creeks. The study area is located within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated August 29, 2019, includes the Carolina madtom and states that the project is not located within its proposed critical habitat. A NCNHP data explorer report dated August 29, 2019 revealed no known occurrences of this species within 1 mile of the study area. Due to the lack of proposed impacts to streams associated with the project design, a fish survey has not been conducted at this time. For the purpose of this evaluation, we assume that stream bed impacts will be avoided as proposed. Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream channels during project construction, we have determined that this project may affect, but is not likely to adversely affect this species. Northern long-eared bat USFWS Recommended Survey Window: June 1 – August 15 Biological Conclusion: May Affect, Likely to Adversely Affect. The US Fish and Wildlife Service has developed a programmatic biological opinion (PBO) in conjunction with the Federal Highway Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the northern long-eared bat (NLEB) (Myotis septentrionalis) in eastern North Carolina. The PBO covers the entire NCDOT VHB Project No. 39043.00 Page 7 of 7 program in Divisions 1-8, including all NCDOT projects and activities. The programmatic determination for NLEB for the NCDOT program is May Affect, Likely to Adversely Affect. The PBO provides incidental take coverage for NLEB and will ensure compliance with Section 7 of the Endangered Species Act for five years for all NCDOT projects with a federal nexus in Divisions 1-8, which includes Wake County, where this project is located. This level of incidental take is authorized from the effective date of a final listing determination through April 30, 2020. Bald and Golden Eagle Protection Act Bald eagle Optimal Survey Window: year round; November – March (optimal to observe birds and nests); February – May (optimal to observe active nesting) Habitat Description: 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. Biological Conclusion: Not Required A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was performed in August 2019 using 2017 color aerials. There are no water bodies large enough and sufficiently open to be considered a potential feeding source within this radius. Because there was no potentially suitable foraging habitat adjacent to the study area, no nest survey was conducted. A NCNHP data explorer report, dated August 29, 2019, revealed no known occurrences of this species within 1 mile of the study area. The proposed trail will utilize, to the extent practicable, existing cleared corridors such as sewer lines and rights-of-way, avoiding tree clearing in those areas. Due to the lack of suitable foraging habitat, the lack of known occurrences, and the minimal impact anticipated for this project, we have determined that no Eagle Act permit is required. . 0 1,000500 Feet Legend Study Area Fig. 1: USGS Vicinity MapCrabtree Creek Greenway - Lindsay Dr. to Ebenezer Ch. Rd.Wake County, North Carolina 2013 Raleigh West USGS Quadrangle NC Center for Geographic Information & Anaylsis Prepared By:Fig. 2 - Study Area & Terrestrial Communities Crabtree Creek Trail Wake County, NC 2017 Aerial from NCOneMap.com. . 0 800400 1" = 800' Prepared For: Legend Study Area Loblolly Pine 35 - 61 Years Old - 1.07 ac. Loblolly Pine Under 30 Years Old - 2.48 ac. Maintained-Disturbed - 10.33 ac. Hardwood Dominant Forest Communities - 44.18 ac. Water (Crabtree Creek) - 5.71 ac. D U R A L E I G H R D O A K P A R K R D A D L E R P A S S E B E N E Z E R C H U R C H R D C O N N ELL D R POYNER RDL IN D S A Y D R ROCKWOOD DRNEIMAN CVEMBLETON DRBALSAM DRCLYDEN CVAZALEA DRPICARDY DRPOMFRET PTJUNIPER STMETCALF DRWEAVER DRSPRUCE DRF A N Y O N W AY HUCKLEBERRY DRGAN N T RL M A N K O M A T E R G A N S E T T L N TIMBERHURST DRFERNHAM PLJ U N I P E R C TSTERLING PLSTRANAVER PLTHANET PLA C C A B O N A C P T 2402 6 0280 3203 4 0 2201803601601401203803 2 0240360320 34 0260260340240260360360 3 0 0 200100100300300NC Center for Geographic Information & Anaylsis.04002001" = 400'Fig. 3: Aquatic Habitat Impact Avoidance ExhibitCrabtree Creek Trail, Wake County, North Carolina2017 Aerial from NCOneMap.com, Proposed Design by Stewart, Inc.Single Span Bridgeover Richland CreekThe information depicted on this figure is for informational purposesonly and was not prepared for, nor is it suitable for, legal or engineering purposes. This is not a survey. Streams and wetlands were verified by USACE and NCDWR in 2016.LegendProposed Approach SlabProposed Trail & ParkingProposed BridgeProposed BoardwalkIntermittent StreamPerennial StreamWetlandWake Co. StreetsContours, 2-Foot IntervalBoardwalk Over StreamSingle Span Bridgeover Richland CreekBoardwalk Over StreamSingle Span Bridgeover Richland CreekSuspension Bridgeover Crabtree CreekSingle Span Bridgeover Crabtree CreekPrepared for:Prepared by: Crabtree Creek Trail – Lindsay Drive to Ebenezer Church Road Site Photographs – Taken August 29, 2019 Photo 1 – Richland Creek – Aquatic Habitat Photo 2 – Crabtree Creek – Aquatic Habitat Photo 3 – Existing Riprap on Crabtree Creek Banks Photo 4 – Existing Riprap on Crabtree Creek Banks at Duraleigh Rd. Photo 5 – Sewer Line Right-of-way Suitable Michaux’s Sumac Habitat Photo 6 – Loblolly Pine Stand Approx. 35-61 Years Old