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HomeMy WebLinkAbout20210304 Ver 1_Bridge 110209 Burke Natural Resources Technical Report_20210326 NATURAL RESOURCES TECHNICAL REPORT Replace Bridge Number 209 on SR 1623 (Mt. Harmony Rd.) over UT to Drowning Creek Burke County, North Carolina TIP 17BP.13.R.153 THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Division 13 August 2018 TABLE OF CONTENTS 1.0 INTRODUCTION...................................................................................................... 1 2.0 METHODOLOGY .................................................................................................... 1 3.0 TERRESTRIAL COMMUNITIES .......................................................................... 1 4.0 PROTECTED SPECIES ........................................................................................... 1 4.1 Endangered Species Act Protected Species ...................................................................... 1 4.2 Bald and Golden Eagle Protection Act ............................................................................. 4 4.3 Essential Fish Habitat ......................................................................................................... 5 5.0 WATER RESOURCES ............................................................................................. 5 6.0 REGULATORY CONSIDERATIONS ................................................................... 5 6.1 Clean Water Act Waters of the U.S. ................................................................................. 5 6.2 Construction Moratoria ..................................................................................................... 6 6.3 N.C. River Basin Buffer Rules ........................................................................................... 6 6.4 Rivers and Harbors Act Section 10 Navigable Waters .................................................... 6 6.5 Coastal Area Management Act Areas of Environmental Concern ................................ 6 6.6 Coastal Barrier Resources System .................................................................................... 6 6.0 REFERENCES ........................................................................................................... 7 Appendix A Figures Figure 1. Vicinity Map Figure 2. Project Study Area Map Figure 3. Jurisdictional Features Map Figure 4. Terrestrial Communities Map Appendix B Qualifications of Contributors LIST OF TABLES Table 1. Coverage of terrestrial communities in the study area.................................. 1 Table 2. ESA federally protected species listed for Burke County. ............................. 2 Table 3. Streams in the study area ................................................................................. 5 Table 4. Characteristics of jurisdictional streams in the study area ........................... 5 Natural Resources Technical Report 17BP.13.R.153, Burke County, N.C. 1 August 2018 1.0 INTRODUCTION The North Carolina Department of Transportation (NCDOT) proposes to replace bridge number 209 on SR 1623 (Mt. Harmony Rd.) over UT to Drowning Creek (STIP 17BP.13.R.153) in Burke County (Figure 1). The following Natural Resources Technical Report (NRTR) has been prepared to assist in the preparation of a document for the purposes of the National Environmental Policy Act (NEPA) or the State Environmental Policy Act (SEPA). 2.0 METHODOLOGY All work was conducted in accordance with the NCDOT Environmental Coordination and Permitting’s Preparing Natural Resources Technical Reports Procedure and the latest NRTR Template November 2017. Field work was conducted May 23, 2018. Jurisdictional areas identified in the study area have not yet been verified by the U.S. Army Corps of Engineers (USACE) or the North Carolina Division of Water Resources (NCDWR). The principal personnel contributing to the field work and document is provided in Appendix B. 3.0 TERRESTRIAL COMMUNITIES Two terrestrial communities were identified in the study area. Figure 4 shows the location and extent of these terrestrial communities. Terrestrial community data are presented in the context of total coverage of each type within the study area (Table 1). Table 1. Coverage of terrestrial communities in the study area Community Dominant Species (scientific name) Coverage (ac.) Maintained / Disturbed Quercus phellos, Festuca sp., Pueraria montana 3.9 Mesic Mixed Hardwood Forest Acer negundo, Quercus alba, Quercus phellos, Lirionendron tulipifera, Pinus taeda, Carya tomentosa 0.9 Total 4.8 4.0 PROTECTED SPECIES 4.1 Endangered Species Act Protected Species As of June 27, 2018 the United States Fish and Wildlife Service (USFWS) lists nine federally protected species for Burke County (Table 2). 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. Natural Resources Technical Report 17BP.13.R.153, Burke County, N.C. 2 August 2018 Table 2. ESA federally protected species listed for Burke County. Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Glyptemys muhlenbergii Bog turtle T (S/A) No Not Required Myotis septentrionalis Northern long-eared bat T Unknown MA-NLAA Hexastylis naniflora Dwarf-flowered heartleaf T Yes MA-NLAA Liatris helleri Heller's blazing star T No NE Hudsonia montana Mountain golden heather T No NE Isotria medeoloides Small whorled pogonia T Yes NE Geum radiatum Spreading avens* E No NE Sisyrinchium dichotomum White irisette E No NE Gymnoderma lineare Rock gnome lichen E No NE E - Endangered T - Threatened T(S/A) - Threatened due to similarity of appearance MA-NLAA - May Affect – Not Likely to Adversely Affect NE - No Effect * - Historic record (the species was last observed in the county more than 50 years ago) Bog turtle USFWS optimal survey window: April 1 – October 1 (visual surveys); April 1-June 15 (optimal for breeding/nesting); May 1-June 30 (trapping surveys) Biological Conclusion: Not Required Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. Bog turtle habitat does not exist within the study area. There are no open, groundwater supplied wetlands or seepage slopes found within the study area. No bog turtles were observed during field activities. However, no specific surveys were performed due to the T(S/A) status of the species. A review of NHP records, updated April 2018, indicates no known occurrences within 1.0 mile of the study area. Northern long-eared bat USFWS Recommended Survey Window: June 1 – August 15 Biological Conclusion: May Affect – Not Likely to Adversely Affect Construction activities for this project will not take place until Endangered Species Act compliance is satisfied for NLEB. The NCDOT Division 13 Environmental Staff will be responsible for habitat assessment for the NLEB. A review of North Carolina Natural Heritage Program (NHP) records, updated April 2018, indicates no known NLEB occurrences within 1.0 mile of the study area. Based upon the guidance published by the Asheville USFWS office, the biological conclusion for Northern Long Eared Bat (NLEB) is a “may affect not likely to adversely affect” for Burke County. Burke County is located in the white nose syndrome area, but there are no known hibernacula or roosting trees within Natural Resources Technical Report 17BP.13.R.153, Burke County, N.C. 3 August 2018 the county. The criteria for the 4(d) rule has been met and any associated take is exempt. Dwarf-flowered heartleaf USFWS Optimal Survey Window: March-May Biological Conclusion: May Affect – Not Likely to Adversely Affect Suitable habitat for the dwarf-flowered heartleaf exists in the project study (Mesic Mixed Hardwood Forest). A survey of areas of suitable habitat was conducted May 23, 2018. No dwarf-flowered heartleaf individuals were found. A review of NHP records, updated April 2018, indicates one occurrence (EOID 22233) of dwarf-flowered heartleaf within 1.0 mile of the study area (Figure 1). Heller’s blazing star USFWS optimal survey window: July-September Biological Conclusion: No Effect There is no suitable habitat for Heller’s blazing star within the study area. There are no high elevation ledges, rock outcrops, cliffs, or balds at elevations of 3,500– 5,999 feet above mean sea level within the study area. Elevations in the study area do not exceed 1,110 feet above mean sea level. A review of the NHP records, updated April 2018, indicates no known Heller’s blazing star occurrence within 1.0 mile of the study area. Mountain Golden Heather USFWS optimal survey window: late May-early June Biological Conclusion: No Effect There is no suitable habitat for mountain golden heather within the study area. There are no rock cliffs and shrub balds at elevations of 2,800-4,000 feet above mean sea level within the study area. Elevations in the study area do not exceed 1,110 feet above mean sea level. A review of the NHP records, updated April 2018, indicates no known mountain golden heather occurrences within 1.0 mile of the study area. Small whorled pogonia USFWS Optimal Survey Window: mid May-early July Biological Conclusion: No Effect Suitable forested habitat for the small whorled pogonia exists in the project study area (Mesic Mixed Hardwood Forest). A survey of areas of suitable habitat was conducted May 23, 2018. No small whorled pogonia individuals were found. A review of the NHP records, updated April 2018, indicates no known small whorled pogonia occurrences within 1.0 mile of the study area. Natural Resources Technical Report 17BP.13.R.153, Burke County, N.C. 4 August 2018 Spreading avens USFWS Optimal Survey Window: June-September Biological Conclusion: No Effect There is no suitable habitat for spreading avens within the study area. There are no areas exposed to full sunlight at or above 4,200 feet above mean sea level within the study area. Elevations in the study area do not exceed 1,110 feet above mean sea level. A review of the NHP records, updated April 2018, indicates no known spreading avens occurrences within 1.0 mile of the study area. White irisette USFWS Optimal Survey Window: late May-July Biological Conclusion: No Effect Suitable habitat for the white irisette does not exist in the project study area. The study area has open, disturbed sites such as clearings, woodland edges, and roadside embankments. However, elevations in the study area do not exceed 1,110 feet above mean sea level. A review of NHP records, updated April 2018, indicates no known white irisette occurrences within 1.0 mile of the study area. Rock gnome lichen USFWS Optimal Survey Window: year round Biological Conclusion: No Effect Suitable habitat for the rock gnome lichen does not exist within the study area. There are no rocky outcrops or cliff habitats with a great deal of humidity and seepage that flows only during wet periods. Elevations in the study area do not exceed 2,180 feet above mean sea level. A review of the NHP records, updated April 2018, indicates no known rock gnome lichen occurrences within 1.0 mile of the study area. 4.2 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 project study area, as well as the area within a 1.0-mile radius of the project limits, was performed on April 19, 2018 using 2014 color aerials. No water bodies large enough or sufficiently open to be considered potential feeding sources were identified. Since there was no foraging habitat within the review area, a survey of the project study area and the area within 660 feet of the project limits was not conducted. Additionally, a review of the NHP database on April 2018 revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the Natural Resources Technical Report 17BP.13.R.153, Burke County, N.C. 5 August 2018 lack of habitat, known occurrences, and minimal impact anticipated for this project, it has been determined that this project will not affect this species. 4.3 Essential Fish Habitat The National Marine Fisheries Service (NMFS) has not identified any streams within the project area as an Essential Fish Habitat. 5.0 WATER RESOURCES Water resources in the study area are part of the Catawba River Basin [U.S. Geological Survey (USGS) Hydrologic Unit 03050101]. One stream was identified in the study area (Table 3). The location of each stream is shown in Figure 3. Table 3. Streams in the study area Stream Name Map ID NCDWR Index Number Best Usage Classification Bank Height (ft) Bankfull width (ft) Depth (in) UT to Drowning Creek SA 11-52-(1) WS-IV 4 20 18 No streams have been designated as an Outstanding Resource Water (ORW). There are no designated High Quality Waters (HQW) or water supply watersheds (WS -I or WS-II) within or within 1.0 mile downstream of the study area. The North 2016 Final 303(d) list of impaired waters identifies no waters within the study area as an impaired water. No jurisdictional wetlands or surface waters were identified in the study area. 6.0 REGULATORY CONSIDERATIONS 6.1 Clean Water Act Waters of the U.S. One jurisdictional stream was identified in the study area (Table 4). The location of this stream is shown on Figure 3. North Carolina Stream Assessment Method (NCSAM) and NCDWR stream identification forms are included a separate Preliminary Jurisdictional Determination (PJD) Package. All jurisdictional streams in the study area have been designated as warm water streams for the purposes of stream mitigation. Table 4. Characteristics of jurisdictional streams in the study area Map ID Length (ft.) Classification Compensatory Mitigation Required River Basin Buffer SA* 394 Perennial Undetermined Not Subject Total 394 * NCSAM forms are available in the PJD package Natural Resources Technical Report 17BP.13.R.153, Burke County, N.C. 6 August 2018 6.2 Construction Moratoria No streams in the study area have been identified as trout, anadromous fish, or primary nursery waters. Therefore, no construction moratorium anticipated. 6.3 N.C. River Basin Buffer Rules The project is located within the Catawba River basin. Streamside riparian zones within the study area are not protected under provisions of the administered by NCDWR 6.4 Rivers and Harbors Act Section 10 Navigable Waters No streams within the study area have been designated by the USACE as a Navigable Water under Section 10 of the Rivers and Harbors Act. 6.5 Coastal Area Management Act Areas of Environmental Concern Burke County is not under the jurisdiction of the Coastal Area Management Act (CAMA). 6.6 Coastal Barrier Resources System No Coastal Barrier Resources System (CBRS) units exist within the study area. Natural Resources Technical Report 17BP.13.R.153, Burke County, N.C. 7 August 2018 6.0 REFERENCES Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, U. S. Army Engineer Waterways Experiment Station. Vicksburg, Mississippi. Environmental Laboratory. 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0. Vicksburg, Mississippi Menhinick, Edward F. 1991. Freshwater Fishes of North Carolina. Charlotte: North Carolina Wildlife Resources Commission. 227 pp. NatureServe. 2010. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1. NatureServe, Arlington, Virginia. Available http://www.natureserve.org/explorer. (Accessed by NCDOT: October 19, December 14, 2010). North Carolina Department of Environmental Quality, Division of Water Resources. 2010. Basinwide Assessment Report. Catawba River Basin. https://deq.nc.gov/about/divisions/water-resources/planning/basin-planning/water- resource-plans/catawba-river-basin North Carolina Department of Environmental Quality, Division of Water Resources. 1999a. Internal Guidance Manual - N.C. Division of Water Quality Stream Classification Method. North Carolina Department of Environmental Quality, Division of Water resources. 2010. North Carolina Stream ID Manual Version 4.11. http://portal.ncdenr.org/web/wq/swp/ws/401/waterresources/streamdeterminations North Carolina Department of Environmental Quality, Division of Water Resources. Water Quality Assessment and Impaired Waters List 2016 303(d) list. https://deq.nc.gov/about/divisions/water-resources/planning/classification- standards/303d/303d-files. North Carolina Department of Environmental Quality, Division of Water Resources. NC Water Classifications by Standards. http://deq.nc.gov/about/divisions/water- resources/planning/classification-standards/classifications North Carolina Natural Heritage Program. 2001. Guide to Federally Listed Endangered and Threatened Species of North Carolina. Raleigh, NC. North Carolina Wildlife Resources Commission. North Carolina Species. http://www.ncwildlife.org/Learning/Species.aspx. (Accessed: June 19, 2018) Natural Resources Technical Report 17BP.13.R.153, Burke County, N.C. 8 August 2018 Schafale, M.P. and A.S. Weakley. 2012. Guide to the Natural Communities of North Carolina: Fourth Approximation. Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment and Natural Resources. Raleigh, NC. 592 pp. United States Department of Agriculture. Natural Resources Conservation Service. 2006. Soil Survey of Burke County, North Carolina. United States Department of Agriculture. Natural Resources Conservation Service. Plants Database. http://plants.usda.gov/java/nameSearch United States Environmental Protection Agency. Section 10 of the Rivers and Harbors Appropriation Act of 1899. http://water.epa.gov/lawsregs/guidance/wetlands/sect10.cfm United States Fish and Wildlife Service. 1980. Endangered and Threatened Wildlife and Plants; Determination of Hudsonia montana to be a Threatened Species, With Critical Habitat. 45 FR 69360-69363. United States Fish and Wildlife Service. 1992. Small Whorled Pogonia (Isotria medeoloides) Recovery Plan, First Revision. Newton Corner, Massachusetts. 75 pp. United States Fish and Wildlife Service. 1993. Spreading Avens Recovery Plan. Atlanta, GA. 32 pp. United States Fish and Wildlife Service. 1995. White Irisette Recovery Plan. Atlanta, Georgia. 22 pp. United States Fish and Wildlife Service. 1997. Recovery Plan for Rock Gnome Lichen (Gymnoderma lineare) (Evans) Yoshimura and Sharp. Atlanta, GA. 30 pp. United States Fish and Wildlife Service. 1999. Recovery Plan for Liatrus helleri Porter (Heller’s Blazing Star). First Revision. Atlanta, GA. 25 pp. United States Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina’s Federally Threatened and Endangered Plant Species. http://www.fws.gov/nces/ es/plant_survey.html. (Accessed by NCDOT: December 14, 2010). United States Fish and Wildlife Service. 2007. Dwarf-flowered Heartleaf (Hexastylis naniflora) 5-Year Review: Summary and Evaluation, Draft. Asheville, NC. 51 pp. Natural Resources Technical Report 17BP.13.R.153, Burke County, N.C. 9 August 2018 United States Fish and Wildlife Service. 2014. Northern Long-Eared Bat Interim Conference and Planning Guidance. USFWS Regions 2, 3, 4, 5 & 6. http://www.fws.gov/midwest/endangered/mammals/nlba/pdf/NLEBinterimGuidanc e6Jan2014.pdf. (Accessed by NCDOT: February 20, 2015.) United States Fish and Wildlife Service. Northern Long-Eared Bat Project Planning Guidance. Asheville Ecological Services Field Office. https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html United States Fish and Wildlife Service. Bog Turtles in North Carolina. http://www.fws.gov/nc-es/reptile/bogtur.html. (Accessed by NCDOT: February 22, 2008). United States Fish and Wildlife Service. Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species, Burke County, NC. https://www.fws.gov/raleigh/species/cntylist/burke.html. (Accessed: June 19, 2018). Appendix A Figures Dwarf-Flowered HeartleafEO - 22233 Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI,Esri China (Hong Kong), Esri (Thailand), MapmyIndia, © OpenStreetMap contributors, and the GISUser Community Figure 1: Vicinity Map Replace Bridge Number 209 on SR 1623over UT to Drowning Creek Burke County, North Carolina Study Area Known DFHL PopulationMay 2018 ²0.5 0 0.50.25 Miles Project Location:Burke County, NC Lat 35.7274 / Long -81.4482 USGS The National Map: National Boundaries Dataset, National Elevation Dataset, GeographicNames Information System, National Hydrography Dataset, National Land Cover Database, NationalStructures Dataset, and National Transportation Dataset; U.S. Census Bureau - TIGER/Line; HERERoad Data Figure 2: USGS Map Replace Bridge Number 209 on SR 1623over UT to Drowning Creek Burke County, North Carolina Study Area May 2018 ²1,000 0 1,000500Feet Data Source: USGS TNM Topo Base MapLongview S AS A NCCGIA Figure 3: Jurisdictional Features Map Replace Bridge Number 209 on SR 1623over UT to Drowning Creek Burke County, North Carolina2014 NC Statewide Aerial ImageryMay 2018 ²150 0 15075Feet Study Area Perennial Stream NCCGIA Figure 4: Terrestrial Communities Map Replace Bridge Number 209 on SR 1623over UT to Drowning Creek Burke County, North Carolina 2014 NC Statewide Aerial ImageryMay 2018 ²150 0 15075Feet Study Area Maintained/Disturbed (3.9 ac) Mesic Mixed Hardwood Forest (0.9 ac) Appendix B Qualifications of Contributors Principal Investigator: Joseph Sullivan Education: M.S. Natural Resources 2011 B.S. Biology 2008 B.A. Environmental Studies 2008 Experience: Environmental Scientist, KCI Associates of NC., 2015-Present Environmental Scientist, Carolina Ecosystems Inc. 2013-2015 Ecological Technician, N.C. Dept. Cultural Resources 2009-2012 Responsibilities: Wetland and stream delineations, GPS data collection, stream assessment, natural communities assessment, T/E species assessment, document preparation Investigator: Tommy Seelinger Education: B.A. Biology, 2013 Experience: Environmental Scientist, KCI Associates of NC., 2012-Present Responsibilities: Document review