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Home My WebLink About20210920 Ver 1_FINAL NRTR_20210503 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER JAMES H. TROGDON, III GOVERNOR SECRETARY February 8, 2021 MEMO TO: File FROM: Jeffrey L. Wyatt, Division Environmental Officer SUBJECT: Natural Resources Memo INTRODUCTION The North Carolina Department of Transportation (NCDOT) proposes to replace a failed bridge (Br-141) on SR 1585 (Cattleman’s Road) in Iredell County. The proposed bridge will be on same alignment. PROTECTED SPECIES Endangered Species Act Protected Species As of July 17, 2020, the United States Fish and Wildlife Service (USFWS) list four federally protected species, under the Endangered Species Act (ESA) for Iredell County (Table 1). 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 Iredell County. Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Hexastylis naniflora Dwarf-flowered heartleaf T No No Effect Glyptemys muhlenbergii Bog turtle T(S/A) No Not Required Myotis septentrionalis Northern long-eared bat T Yes MA;NLAA T – Threatened T (S/A) - Threatened due to similarity of appearance MA-NLAA – May Affect – Not Likely to Adversely Affect Dwarf-flowered heartleaf USFWS Optimal Survey Window: March-May Biological Conclusion: No Effect An on-site investigation on December 11, 2020 indicated there is no suitable habitat for the DFH. No north-facing slopes that are open enough for the DFH exist in the study area. Since the survey was conducted outside the optimum survey window multiple transects were walked but no Hexastylis species were observed. A review of NHP records on December 17, 2020 indicates no known occurrence within 1.0 mile of the study area. Due to the lack of habitat, no observed plants, and no known species in the area, this project will have no effect on the DFH. 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. However, a December 11, 2020 survey of the study area found no suitable habitat in the form of wet or boggy areas and therefore this project is not expected to affect the bog turtle. A December 17, 2020 survey of the NCNHP database indicated there are no occurrences of the bog turtle within a one-mile radius of the project site. Northern long-eared bat USFWS Recommended Survey Window: June 1 – August 15 Biological Conclusion: May Affect; Not Likely to Adversely Affect During field investigations on December 11, 2020 the area was assessed for suitable bat habitat. The area adjacent to the bridge being forested was found to provide suitable habitat. Natural Heritage Program records document the nearest Northern Long-Eared Bat location approximately 32 miles northwest of the proposed project area. The closest listed underground mine, per NHP database is the O F Patterson Mine, 6.4 miles southwest of the project. There are currently no known hibernaculum or maternity roost trees in Division 12 counties for NLEB; therefore, the minor tree clearing associated with this DOT project would be exempted from incidental take under the 4(d) Rule streamlined consultation form. Per guidance from USFWS personnel, concurrence is granted by citing the following website and a 30-day response period is waved. http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html Bald Eagle 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 November 19, 2020 using recent color aerials. No bodies of water sufficiently large or open enough that could be considered a potential feeding source were identified. Since there was no potential foraging habitat within the review area, a survey of only the project study area was conducted, but no nests were observed. Additionally, a review of the NHP database on November 25, 2020 revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the lack of good habitat, known occurrences, and minimal impact anticipated for this project, it has been determined that this project will not affect this species. WATER RESOURCES Water resources in the study area are part of the Yadkin River River basin [U.S. Geological Survey (USGS) Hydrologic Unit 03040102]. One stream was identified in the study area (Table 2). The location of the stream is shown in attached maps. Table 2. Streams in the study area Stream Name Map ID NCDWR Index Number Best Usage Classification Bank Height (ft) Bankfull Width (ft) Depth (in) Snow Creek Snow Creek 12-108-9-(0.6) WS-IV 6 25 12 There are no waters within the project study area or within 1.0 mile downstream of the project study area that are listed as a High-Quality Waters (HQW) or water supply watersheds (WS-I, WS-II). The North Carolina 2018 Final 303(d) list of impaired waters identifies the Snow Creek within the study area as an impaired water due to Fish Community. No other surface waters were identified in the study area. REGULATORY CONSIDERATIONS Clean Water Act Waters of the U.S. One jurisdictional stream was identified in the study area (Table 3). The location of this stream is shown on Figure 2. All jurisdictional streams in the study area have been designated as warm water streams for the purposes of stream mitigation. Table 3. Characteristics of jurisdictional streams in the study area Map ID Length (ft.) Classification Compensatory Mitigation Required River Basin Buffer Snow Creek 200 WS-IV Undetermined Not Subject Total 200 No jurisdictional wetlands were identified within the study area. Based on the NRCS soil survey (attached) Codorus loam (CsA) is listed as having minor (1%-32%) hydric components. The area was surveyed but did not meet wetland definitions. This area, although within the study area, will likely not be disturbed. N.C. River Basin Buffer Rules No streamside riparian zones exist within the study area. Rivers and Harbors Act Section 10 Navigable Waters No Navigable Water under Section 10 of the Rivers and Harbors Act exist within the study area. Coastal Area Management Act Areas of Environmental Concern There are no Coastal Area Management Act (CAMA) Areas of Environmental Concern (AEC) identified in the study area. Coastal Barrier Resources System No Coastal Barrier Resources System (CBRS) units exist within the study area.