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HomeMy WebLinkAbout20211069 Ver 1_BP2.R018.1_NRTR_20211213Natural Resources Technical Report STIP BP2.R018.1, Pitt County, N.C. NATURAL RESOURCES TECHNICAL REPORT Replacement of Bridge No. 730015 on SR 1565 (Grimesland Bridge Rd.) over Chicod Creek Pitt County, North Carolina WBS Element No. BP2.R018.1 THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION 2 November 2021 Natural Resources Technical Report STIP BP2.R018.1, Pitt County, N.C. 1 November 2021 1.0 Introduction The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 730015 on State Road (SR) 1565 (Grimesland Bridge Road) over Chicod Creek (STIP No. BP2.R018.1) in Pitt County, North Carolina (Appendix A, Figures 1 and 2). The following Natural Resources Technical Report (NRTR) has been prepared to assist in the preparation of the appropriate environmental documentation. 2.0 Methodology All work was conducted in accordance with the NCDOT Environmental Coordination and Permitting’s (ECAP) Preparing Natural Resources Technical Reports Procedure and the latest NRTR Template (September 2021). Wetland delineations were performed by the NCDOT Division 2 Environmental Officer on November 4th, 2020. A general field review was conducted on May 18, 2021. Water resources identified in the study area have not been verified by the United States Army Corps of Engineers (USACE) or the North Carolina Division of Water Resources (NCDWR). It is anticipated that the USACE will cover the potential features associated with this project under a Jurisdictional Determination (JD). The principal personnel contributing to the field work and document are provided in Appendix B. 3.0 Terrestrial Communities Three terrestrial communities were identified in the study area. Appendix A, Figure 3 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). The North Carolina Natural Heritage Program (NCNHP) Guide to the Natural Communities of North Carolina, Fourth Approximation, was used to classify upland communities within the study area. Table 1. Coverage of Terrestrial Communities in the Study Area Community Dominant Species (Scientific name) Coverage (ac.) Maintained/Disturbed Buttercup (Ranunculus spp.) Lyreleaf sage (Salvia lyrata) White clover (Trifolium repens) 3.9 Basic Mesic Forest (Coastal Plain Subtype American elm (Ulmus americana) Sweetgum (Liquidambar styraciflua) Water oak (Quercus nigra) 0.8 Bottomland Hardwood Forest Red maple (Acer rubrum) Water tupelo (Nyssa aquatic) Pignut hickory (Carya glabra) 1.9 Total 6.6 Natural Resources Technical Report STIP BP2.R018.1, Pitt County, N.C. 2 November 2021 4.0 Protected Species 4.1 Endangered Species Act Protected Species The United States Fish and Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration (NOAA) list the following federally protected species within the study area, under the Endangered Species Act (ESA) (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. Table 2. ESA Federally Protected Species Within the Study Area Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Alligator mississippiensis American alligator T(S/A) Yes Not Required Trichechus manatus West Indian manatee T No NE Acipenser oxyrinchus oxyrinchus Atlantic sturgeon E No NE Alasmidonta heterodon Dwarf wedgemussel E Yes MA-LAA Elliptio steinstansana* Tar River spinymussel E Yes MA-LAA Fusconaia masoni Atlantic Pigtoe PT Yes MA-LAA Necturus lewisi Neuse River Waterdog T Yes MA-LAA Myotis septentrionalis Northern long-eared bat T Yes MA-LAA E – Endangered; T – Threatened; T(S/A) – Threatened due to similarity of appearance PT – Proposed Threatened T (S/A) – Threatened due to similarity of appearance MA-NLAA – May Affect – Not Likely to Adversely Affect MA-LAA – May Affect – Likely to Adversely Affect NE – No Effect * - Historic record (the species was last observed in the county more than 50 years ago) American alligator USFWS Recommended Survey Window: year-round (only warm days in winter) Biological Conclusion: Not Required In North Carolina, alligators have been recorded in nearly every coastal county, and many inland counties to the fall line. The American alligator remains on the protected species list due to its similarity in appearance to the Endangered American crocodile. Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. Habitat for American alligator is present in Chicod Creek within the study area. The riparian system may be deep enough in several parts of the study area for the alligator to migrate. None were observed at the time of the field investigation. A review of the March 2021 North Carolina National Heritage Program (NCNHP) database identified no known occurrences of this species within 1.0 mile of the study area. Natural Resources Technical Report STIP BP2.R018.1, Pitt County, N.C. 3 November 2021 West Indian manatee USFWS Recommended Survey Window: year round Biological Conclusion: No Effect West Indian manatees can be found in canals, sluggish rivers, estuarine habitats, salt water bays, and off shore. The subject project does not offer suitable habitat for the West Indian manatee due to its distance from coastal waters. Additionally, within the study area, the majority of Chicod Creek is densely vegetated and does not appear to maintain sufficient water depths for the species. A review of the March 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Atlantic sturgeon USFWS/ NMFS Recommended Survey Window: surveys not required; assume presence in appropriate waters Biological Conclusion: No Effect Designated Critical Habitat for Atlantic sturgeon is not present within the project study area, and has been confirmed with the Habitat Conservation Division of NOAA. Atlantic sturgeon habitat consists of moderately flowing, deep, large rivers during spawning, and shallow nearshore areas of coastal waters and estuaries when not spawning. Chicod Creek is not large enough and too slow-moving to support this species. A review of the March 2021 NCNHP database identified no known occurrences of Atlantic sturgeon within 1.0 mile of the study area. Dwarf wedgemussel USFWS Recommended Survey Window: year round Biological Conclusion: May Affect, Likely to Adversely Affect Dwarf wedgemussels are generalists, and their range of habitats typically include small streams less than 15 feet wide to large rivers more than 300 feet wide. It is found in a variety of substrate types including clay, sand, gravel and pebble in hydraulically stable areas. Dwarf wedgemussel is designated as a “range by basin” species and this project is within this species’ range. A review of the USFWS Information for Planning and Consultation (IPaC) tool revealed that there is presence of the Dwarf wedgemussel within project limits. The Department will adhere to all PBO project-specific requirements as well as all monitoring and reporting requirements. Payment into the N.C Non-Game Aquatic Species Fund as set forth in the PBO will be made to satisfy Section 7 of the ESA for this project. Natural Resources Technical Report STIP BP2.R018.1, Pitt County, N.C. 4 November 2021 Tar River spinymussel USFWS Recommended Survey Window: year round Biological Conclusion: May Affect, Likely to Adversely Affect Tar River spinymussel is designated as a “range by basin” species and this project is within this species’ range. A review of the March 2021 NCNHP database identified historic occurrences (1936) of Tar River spinymussel within 1.0 mile of the study area. A desktop review using the Identified Stream Reach (ISR) layer sourced by USFWS was performed, and found the Tar River spinymussel to be within 2.5 miles downstream of the study area. A review of the USFWS IPaC tool revealed that there is presence of the Tar River spinymussel found. The Department will adhere to all PBO project-specific requirements as well as all monitoring and reporting requirements. Payment into the N.C Non-Game Aquatic Species Fund as set forth in the PBO will be made to satisfy Section 7 of the ESA for this project. Atlantic Pigtoe USFWS Recommended Survey Window: March 1 – November 1 Biological Conclusion: May Affect, Likely to Adversely Affect A desktop review using the ISR layer sourced by USFWS was performed, and found the Atlantic Pigtoe to be within 2.5 miles downstream of the study area. A review of the USFWS IPaC tool revealed that there is presence of the Atlantic Pigtoe within project limits. The Department will adhere to all PBO project- specific requirements as well as all monitoring and reporting requirements. Payment into the N.C Non-Game Aquatic Species Fund as set forth in the PBO will be made to satisfy Section 7 of the ESA for this project. Neuse River Waterdog USFWS Recommended Survey Window: November 15 – March 15 Biological Conclusion: May Affect, Likely to Adversely Affect A desktop review using the ISR layer sourced by USFWS was performed, and found the Neuse River Waterdog to be within 2.5 miles downstream of the study area. A review of the USFS IPaC tool revealed that there is presence of the Neuse River Waterdog within project limits. The Department will adhere to all PBO project-specific requirements as well as all monitoring and reporting requirements. Payment into the N.C Non-Game Aquatic Species Fund as set forth in the PBO will be made to satisfy Section 7 of the ESA for this project. Natural Resources Technical Report STIP BP2.R018.1, Pitt County, N.C. 5 November 2021 Northern long-eared bat USFWS/NMFS Recommended Survey Window: June 1 – August 15 Biological Conclusion: May Affect, Likely to Adversely Affect The US Fish and Wildlife Service has revised the previous PBO in conjunction with the Federal Highway Administration (FHWA), USACE, and NCDOT for the northern long-eared bat (NLEB) (Myotis septentrionalis) in eastern North Carolina. The PBO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects and activities. Although this programmatic covers Divisions 1-8, NLEBs are currently only known in 22 counties, but may potentially occur in 8 additional counties within Divisions 1-8. NCDOT, FHWA, and USACE have agreed to two conservation measures which will avoid/minimize mortality of NLEBs. These conservation measures only apply to the 30 current known/potential counties shown on Figure 2 of the PBO at this time. The programmatic determination for NLEB for the NCDOT program is May Affect, Likely to Adversely Affect. The PBO will ensure compliance with Section 7 of the Endangered Species Act for ten years (effective through December 31, 2030) for all NCDOT projects with a federal nexus in Divisions 1-8, which includes Pitt County, where BP2.R018.1 is located. 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. Golden Eagles do not nest in North Carolina. 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 March 3, 2021, using the most currently-available orthoimagery. Water bodies large and sufficiently open enough to be considered potential feeding sources were not identified. Since foraging habitat was not present within the review area, a survey of the study area and the area within 660 feet of the project limits was not required. Additionally, no bald eagle individuals or nests were observed during the May 18, 2021 field visit. A review of the March 2021 NCNHP database revealed no known occurrences of this species within 1.0 mile of the study area. 4.3 Essential Fish Habitat The National Marine Fisheries Service (NMFS) has not designated Essential Fish Habitat within the study area. Natural Resources Technical Report STIP BP2.R018.1, Pitt County, N.C. 6 November 2021 5.0 Water Resources The study area is part of the Tar-Pamlico River Basin (U.S. Geological Survey [USGS] Hydrologic Unit [HUC] 03020103). One potential stream was identified in the study area (Table 3). The location of this stream is shown on Figures 3 and 4. Table 3. Potential Streams in the Study Area Stream Name Map ID NCDWR Index Number Best Usage Classification Bank Height (ft.) Bankfull width (ft.) Depth (in.) Chicod Creek Chicod Creek 28-101 C; NSW 1.5 120 42 There are no Outstanding Resource Waters (ORW), High Quality Waters (HQW), or water supply watersheds (WS-I or WS-II) within 1.0 mile downstream of the study area. Based on North Carolina Division of Marine Fisheries (NCDMF) mapping, WRC has recommended an in-water work moratorium be put in place between February 15th and June 30th to protect the migration and spawning of anadromous species. Additionally, during the Field Scoping Meeting for the project, the North Carolina Department of Environmental Quality (NCDEQ) did not identify any such waters associated with the project. The North Carolina 2020 Final 303(d) list of impaired waters identifies no impaired waters within 1.0 mile downstream of the study area. One surface water was identified adjacent to the study area, but did not fall within the study area or project limits. 6.0 Regulatory Considerations 6.1 Clean Water Act Waters of the U.S. One potential jurisdictional stream was identified in the study area (Table 4). The location of this stream is shown on Figures 3 and 4. Table 4. Characteristics of Potential Jurisdictional Streams in the Study Area Map ID Length (ft.) Area (ac.) Classification Compensatory Mitigation Required River Basin Buffer Chicod Creek 510 1.9 Perennial Yes Subject One contiguous jurisdictional wetland surrounding Chicod Creek was delineated using four distinct wetland line segments within the study area (Figure 4). Wetland lines were delineated to just outside the project footprint and aerially interpreted for the remainder of the study area. Delineations were performed by the NCDOT Division 2 Environmental Officer. The locations of the wetlands are shown on Figures 3 and 4. All wetlands within Natural Resources Technical Report STIP BP2.R018.1, Pitt County, N.C. 7 November 2021 the study area are within the Tar-Pamlico River Basin (U.S. Geological Survey [USGS] Hydrologic Unit [HUC] 03020103). Table 5. Characteristics of Potential Jurisdictional Wetlands in the Study Area Map ID NCWAM Classification Hydrologic Classification Area (ac.) Chicod Creek (WA, WB, WC, WD) Bottomland Hardwood Forest Riparian 1.9 6.2 Construction Moratoria The Wildlife Resources Commission (WRC) has recommended an in-water work moratorium be put in place between February 15th and June 30th to protect the migration and spawning of anadromous species. Based on coordination with NOAA’s Habitat Conservation Division, the Atlantic Sturgeon does not justify any additional moratoria. 6.3 N.C. River Basin Buffer Rules This project is located in the Tar-Pamlico River Basin (USGS HUC 03020103). Potential jurisdictional features within the study area are therefore subject to streamside riparian zones protected under provisions administered by NCDEQ. Table 4 lists which potential streams are subject to these rules. 6.4 Rivers and Harbors Act Section 10 Navigable Waters The USACE has designated 2.0 miles of Chicod Creek as navigable. However, Chicod Creek within the study area is not within these 2.0 miles and is not considered navigable. Potential Section 10 jurisdictional areas have not been verified by the USACE. It is anticipated that the USACE will make a determination if the study area has Section 10 Navigable Waters under a JD. 6.5 Coastal Area Management Act Areas of Environmental Concern There are no designated Coastal Area Management Act (CAMA) Areas of Environmental Concern within the study area. Pitt County is not a designated CAMA county. 6.6 Coastal Barrier Resource System There are no designated Coastal Barrier Resource System units within the study area. Natural Resources Technical Report STIP BP2.R018.1, Pitt County, N.C. 8 November 2021 7.0 References National Oceanic and Atmospheric Administration (NOAA) Fisheries. 2021. Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) species profile. https://www.fisheries.noaa.gov/species/atlantic-sturgeon. (Accessed: June 9, 2021). North Carolina Department of Environmental Quality (NCDEQ), Division of Marine Fisheries (DMF). Anadromous Fish Spawning Area Maps. http://portal.ncdenr.org/web/mf/afsa-maps. North Carolina Department of Environmental Quality (NCDEQ) - Division of Water Resources. 2020. Final 2020 North Carolina 303(d) List. https://files.nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303d/2020/NC_202 0_Category5_303dlist.pdf North Carolina Department of Transportation (NCDOT). 2017. Preparing Natural Resource Technical Reports. Environmental Analysis Unit, Environmental Coordination and Permitting Group. Version 3.0 (interim). Approved December 1, 2017. North Carolina Natural Heritage Program (NCNHP). 2021. Natural Heritage Data Explorer [Web Application]. NCDNCR, Raleigh, NC. http://ncnhde.natureserve.org. (Accessed: May 1, 2021). Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina: Fourth Approximation. North Carolina Natural Heritage Program, North Carolina Department of Environmental Quality (NCDEQ). Raleigh, North Carolina. 208 pp. United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS). 1974. Soil Survey of Pitt County, North Carolina. United States Fish and Wildlife Service (USFWS). 2017. Threatened and Endangered Species in North Carolina: Pitt County. Updated July 17, 2020. https://www.fws.gov/raleigh/species/cntylist/pitt.html United States Fish and Wildlife Service (USFWS). 2021. Red-cockaded Woodpecker (Picoides borealis) species profile. http://www.fws.gov/rcwrecovery/rcw.html. (Accessed: May 1, 2021). United States Fish and Wildlife Service (USFWS). 2021. Dwarf Wedgemussel. https://www.fws.gov/raleigh/species/es_dwarf_wedgemussel.html. (Accessed: May 1, 2021). Natural Resources Technical Report STIP BP2.R018.1, Pitt County, N.C. 9 November 2021 United States Fish and Wildlife Service (USFWS). 2021. Tar River spinymussel. https://www.fws.gov/raleigh/species/es_tar_spinymussel.html. (Accessed: May 1, 2021). United States Fish and Wildlife Service (USFWS). 2021. Yellow Lance. https://ecos.fws.gov/ecp0/profile/speciesProfile?sId=4511. (Accessed: May 1, 2021). Appendix A Figures !A Pitt County Beaufort County SR-1565SR-1780 Chicod Creekµ300 0 300150 Feet Legend Study Area County Boundary Replacement of Bridge No. 730015 on SR 1565 (Grimesland Bridge Rd.) over Chicod Creek BP2.R018.1 Pitt County, North Carolina Project Location Map Figure 1 µ500 0 500250 Feet Replacement of Bridge No. 730015 on SR 1565 (Grimesland Bridge Rd.) over Chicod Creek BP2.R018.1 Pitt County, North Carolina Topographic Map Figure 2 Legend Study Area SR-1565SR-1780 µ200 0 200100 Feet Replacement of Bridge No. 730015 on SR 1565 (Grimesland Bridge Rd.) over Chicod Creek BP2.R018.1 Pitt County, North Carolina Terrestrial Communities Map Figure 3 Legend Study Area Potential Wetland WOTUS Potential Non-Wetland WOTUS (Perennial Stream) Basic Mesic Forest (Coastal Plain Subtype) Bottomland Hardwood Forest Maintained/Disturbed Chicod Creek SR-1565SR-1780 µ200 0 200100 Feet Replacement of Bridge No. 730015 on SR 1565 (Grimesland Bridge Rd.) over Chicod Creek BP2.R018.1 Pitt County, North Carolina Jurisdictional Features Map Figure 4 Legend Study Area Potential Wetland WOTUS Potential Non-Wetland WOTUS (Perennial Stream) Chicod Creek Appendix B Qualifications of Contributors Investigator Jay Johnson Education: Associates Degree, Recreation and Wildlife Mgt, Hocking Technical College, 1981 B.S. Environmental Geography, Ohio University, 1991 Experience: Professional Wetland Scientist 1997-Present Environmental Manager, Outer Banks Contractors 1991-1994 Environmental Consultant, Environmental Professionals Inc. 1994- 1999 Division Environmental Officer, Division 2 NCDOT, 1999-Present Responsibilities: Wetland and stream delineations, T&E surveys, Permitting and Compliance, Project Review Investigator: Ashley Abdel-Hadi Education: B.S. Biology, University of Central Florida, 2010 M.S. Ecological Restoration, University of Florida, 2017 Experience: Senior Environmental Scientist, Kisinger Campo & Associates, September 2019-Present Ecologist/Environmental Scientist, Private Sector, August 2010- September 2019 Responsibilities: Field review, Document review Investigator: Megan Nicely Education: B.S. Wildlife Ecology and Conservation, University of Florida, 2015 Experience: Environmental Scientist, Kisinger Campo & Associates, May 2019- Present Environmental Specialist, Public Sector, August 2017-May2019 Responsibilities: Field review, Document preparation Investigator: John McNulty Education: B.S. Civil Engineering, North Carolina State University Master of Biological and Agricultural Engineering candidate, North Carolina State University (Anticipated Completion Fall 2022) Experience: Hydraulics Engineer, Kisinger Campo & Associates, December 2019-Present Responsibilities: GIS mapping and analyses Investigator: Andrea Gordon Education: B.S. Civil Engineering, University of Alabama, 2019 Experience: Roadway Engineer, Kisinger Campo & Associates, May 2018- Present Responsibilities: Document preparation, NCNHP Data Explorer review NATURAL RESOURCES TECHNICAL REPORT Replacement of Bridge No. 150057 on SR 1391 (Ball Farm Rd.) over Harlowe Canal Carteret County, North Carolina STIP No. BP2.R005.1 WBS Element No. BP.2.R005.1 THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Division 2 November 2021 Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 1 November 2021 TABLE OF CONTENTS 1.0 Introduction .................................................................................................................2 2.0 Methodology ................................................................................................................2 3.0 Terrestrial Communities ............................................................................................2 4.0 Protected Species .........................................................................................................3 4.1 Endangered Species Act Protected Species ...................................................................... 3 4.2 Bald and Golden Eagle Protection Act ............................................................................. 9 4.3 Essential Fish Habitat ......................................................................................................... 9 5.0 Water Resources .......................................................................................................10 6.0 Regulatory Considerations .......................................................................................11 6.1 Clean Water Act Waters of the U.S. ............................................................................... 11 6.2 Construction Moratoria ................................................................................................... 11 6.3 N.C. River Basin Buffer Rules ......................................................................................... 11 6.4 Rivers and Harbors Act Section 10 Navigable Waters .................................................. 12 6.5 Coastal Area Management Areas of Environmental Concern ..................................... 12 6.6 Coastal Barrier Resource System .................................................................................... 12 7.0 References ..................................................................................................................13 APPENDICES Appendix A Figures Figure 1. Project Location Map Figure 2. Topographic Map Figure 3. Terrestrial Communities Map Figure 4. Jurisdictional Features Map Appendix B Qualifications of Contributors LIST OF TABLES Table 1. Coverage of Terrestrial Communities in the Study Area...............................2 Table 2. ESA Federally Protected Species Listed for Carteret County .......................3 Table 3. Managed Fish Species Reported to Occur in the Study Area ......................10 Table 4. Streams in the Study Area ...............................................................................10 Table 5. Characteristics of Jurisdictional Streams in the Study Area .......................11 Table 6. Characteristics of Jurisdictional Wetlands in the Study Area.....................11 Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 2 November 2021 1.0 Introduction The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 150057 on State Road (SR) 1391 (Ball Farm Road) over Harlowe Creek (STIP No. BP.2.R005.1) in Carteret County, North Carolina (Appendix A, Figures 1 and 2). 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 (ECAP) Preparing Natural Resources Technical Reports Procedure (NCDOT 2017) and the latest NRTR Template (November 2017). Wetland delineations were performed by the NCDOT Division 2 Environmental Officer. A general field review was conducted on May 18, 2021. Jurisdictional areas identified in the study area have not been verified by the United States Army Corps of Engineers (USACE) or the North Carolina Division of Water Resources (NCDWR). The principal personnel contributing to the field work and document are provided in Appendix B. 3.0 Terrestrial Communities Three terrestrial communities were identified in the study area. Figure 3 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 Loblolly pine (Pinus taeda) Water Hickory (Carya aquatica.) Sweetgum (Liquidambar styraciflua) 5.7 Basic Mesic Forest (Coastal Plain Subtype) Privet (Ligustrum spp.) American elm (Ulmus americana) Sweetgum (Liquidambar styraciflua) 1.3 Salt/Brackish Marsh Giant Cane (Arundinaria gigantea) <0.01 Total 7.0 Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 3 November 2021 4.0 Protected Species 4.1 Endangered Species Act Protected Species The United States Fish and Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration (NOAA)list the following federally protected species within the study area, under the Endangered Species Act (ESA) (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. Table 2. ESA Federally Protected Species within the Study Area Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Acipenser oxyrinchus oxyrinchus Atlantic sturgeon E No NE Alligator mississippiensis American alligator T(S/A) Yes Not Required Laterallus jamaicensis Eastern black rail T No NE Chelonia myadas Green sea turtle T No NE Lepidochelys kempii Kemp’s (Atlantic) ridley sea turtle E No NE Dermochelys coriacea Leatherback sea turtle E No NE Caretta caretta Loggerhead sea turtle T No NE Myotis septentrionalis Northern long-eared bat T Yes MA-LAA Charadrius melodus Piping plover T No NE Picoides borealis Red-cockaded woodpecker E No NE Calidris canutus rufa Rufa red knot T No NE Sterna dougallii dougallii Roseate tern E No NE Acipenser brevirostrum Shortnose sturgeon E No NE Trichechus manatus West Indian manatee T Yes MA-NLAA Lysimachia asperulaefolia Rough-leaved loosestrife E No NE Amaranthus pumilus Seabeach amaranth T No NE E – Endangered; T – Threatened; T(S/A) – Threatened due to similarity of appearance T (S/A) – Threatened due to similarity of appearance MA-NLAA – May Affect – Not Likely to Adversely Affect MA-LAA – May Affect – Likely to Adversely Affect NE – No Effect Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 4 November 2021 Atlantic sturgeon USFWS/NMFS Recommended Survey Window: Survey not required; assume presence in appropriate waters Biological Conclusion: No Effect The Atlantic sturgeon is a large fish that occurs in major river systems along the eastern seaboard of the United States. It is an anadromous species that migrates to moderately-moving freshwater areas to spawn in the spring; in some southern rivers a fall spawning migration may also occur. Spawning occurs in moderately flowing water in deep parts of large rivers, usually on hard surfaces (e.g., cobble). The subject project is not within anadromous waters, therefore it does not provide potential habitat for the shortnose sturgeon. Additionally, impacts will be minimal and limited to the installation of rip-rap, piling removal and piling installation. A review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Coordination with North Carolina Division of Marine Fisheries (NCDMF) and North Carolina Wildlife Resource Commission (NCWRC) concluded there is no need for a moratoria related to this species. American alligator USFWS Recommended Survey Window: year-round (only warm days in winter) Biological Conclusion: Not Required In North Carolina, alligators have been recorded in nearly every coastal county, and many inland counties to the fall line. The alligator is found in rivers, streams, canals, lakes, swamps, and coastal marshes. Adult animals are highly tolerant of salt water, but the young are more sensitive, with salinities greater than 5 parts per thousand considered harmful. The American alligator remains on the protected species list due to its similarity in appearance to the Endangered American crocodile. Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. Habitat for American alligator is present in Harlowe Canal within the study area. The riparian system may be deep enough in several parts of the study area for the alligator to migrate. None were observed at the time of the field investigation. A review of the November 2021 North Carolina National Heritage Program (NCNHP) database identified no known occurrences of this species within 1.0 mile of the study area. Black rail USFWS Recommended Survey Window: April - June Biological Conclusion: No Effect The black rail is typically found in saltwater and brackish marshes with dense cover but can also be found in adjacent upland areas. Though the project contains a small saltwater and brackish marsh area, this wetland is not of sufficient size and is too Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 5 November 2021 sparsely vegetated to adequately support the life history and ecology of the black rail. A review of the November 2021 North Carolina National Heritage Program (NCNHP) database identified no known occurrences of this species within 1.0 mile of the study area. Green sea turtle USFWS/NMFS Recommended Survey Window: April - August Biological Conclusion: No Effect Green sea turtles inhabit temperate and tropical oceans and can be found in lagoons, reefs, bays, mangrove swamps, and inlets where marine grasses are present for foraging. Green sea turtles are not known to nest in North Carolina. The subject project does not contain preferred habitat for the species. Additionally, a review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Kemp’s ridley sea turtle USFWS/NMFS Recommended Survey Window: April - August Biological Conclusion: No Effect Kemp’s ridley sea turtles prefer neritic areas of the ocean with sandy or muddy bottoms. While infrequent, Kemp’s ridley sea turtle nests haven been confirmed in North Carolina and sightings for this species exist for most coastal counties. This species prefers beach sections with a well-defined dune area, that back up to swamps or other large bodies of open water. The subject project does not contain preferred habitat or potential nesting areas for the species. Additionally, a review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Leatherback sea turtle USFWS/NMFS Recommended Survey Window: April - August Biological Conclusion: No Effect Leatherback sea turtles inhabit tropical waters of the Atlantic, Pacific, and Indian oceans. They are typically found offshore in the open ocean; however, in northern waters they have been documented in bays, estuaries and other inland bodies of water. While infrequent, leatherback sea turtle nests have been confirmed in North Carolina. They typically nest on sandy beaches backed with vegetation in proximity to relatively deep waters. The subject project does not contain preferred habitat or potential nesting areas for the species. Additionally, a review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 6 November 2021 Loggerhead sea turtle USFWS/NMFS Recommended Survey Window: April - August Biological Conclusion: No Effect Loggerhead sea turtles inhabit the open ocean and can be found offshore in deepwater areas or nearshore in neritic area such as bays, lagoons, salt marshes, creeks, ship channels, and the mouth of large rivers. Loggerhead sea turtles are known to occasionally nest on the sandy beaches of the North Carolina coast. The subject project does not contain preferred habitat or potential nesting areas for the species. Additionally, a review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Northern long-eared bat USFWS/NMFS Recommended Survey Window: June 1 – August 15 Biological Conclusion: May Affect, Likely to Adversely Affect The US Fish and Wildlife Service has revised the previous 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 program in Divisions 1-8, including all NCDOT projects and activities. Although this programmatic covers Divisions 1-8, NLEBs are currently only known in 22 counties, but may potentially occur in 8 additional counties within Divisions 1-8. NCDOT, FHWA, and USACE have agreed to two conservation measures which will avoid/minimize mortality of NLEBs. These conservation measures only apply to the 30 current known/potential counties shown on Figure 2 of the PBO at this time. The programmatic determination for NLEB for the NCDOT program is May Affect, Likely to Adversely Affect. The PBO will ensure compliance with Section 7 of the Endangered Species Act for ten years (effective through December 31, 2030) for all NCDOT projects with a federal nexus in Divisions 1-8, which includes Carteret County, where the proposed project, BP2.R005.1, is located. Piping plover USFWS optimal survey window: year round Biological Conclusion: No Effect Piping plovers breed and winter in North Carolina. Suitable breeding and wintering habitat includes unvegetated coastal sandy beaches and sand and/or mudflats with little to no emergent vegetation. Suitable nesting (coastal sandy beach) or breeding habitat for the piping plover does not exist in the study area. The project study area is predominantly comprised of maintained/disturbed habitat or coastal plain mesic forested areas. Additionally, a review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 7 November 2021 Red-cockaded woodpecker USFWS optimal survey window: year-round; November – early March (optimal) Biological Conclusion: No Effect The red-cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting/roosting habitat. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat. The project study area is predominantly comprised of maintained/disturbed habitat or coastal plain mesic forested areas. Mature loblolly pines are scattered throughout the study area; however, the understory within the forested area is too dense and does not provide suitable nesting or foraging habitat for the species. Additionally, a review of the November 2021 North Carolina Natural Heritage Program (NCNHP) database identified no known occurrences of the RCW within 1.0 mile of the study area. Rufa red knot USFWS optimal survey window: Year Round Biological Conclusion: No Effect Red knots are known to winter in North Carolina and to stop over during migration. Red knots are typically found along sandy, ravel, or cobble beaches, tidal mudflats, salt marshes, shallow coastal impoundments and lagoons, and peat banks. Suitable habitat for the red knot does not exist in the study area. The project study area is predominantly comprised of maintained/disturbed habitat or coastal plain mesic forested areas. Additionally, a review of the November 2021 North Carolina Natural Heritage Program (NCNHP) database identified no known occurrences of this species within 1.0 mile of the study area. Roseate tern USFWS optimal survey window: June – August Biological Conclusion: No Effect In North Carolina, the roseate tern is most commonly found on barrier islands as it travels through the area to and from breeding grounds. Suitable habitat for the roseate tern does not exist in the study area. The project study area is predominantly comprised of maintained/disturbed habitat or coastal plain mesic forested areas. Additionally, a review of the November 2021 North Carolina Natural Heritage Program (NCNHP) database identified no known occurrences of this species within 1.0 mile of the study area. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 8 November 2021 Shortnose sturgeon USFWS/NMFS Recommended Survey Window: Survey not required; assume presence in appropriate waters Biological Conclusion: No Effect Shortnose sturgeon prefer near shore marine, estuarine, and riverine habitat of large river systems. It is an anadromomous species that migrates to faster moving freshwater areas to spawn in the spring. The subject project is not within anadromous waters, therefore it does not provide potential habitat for the shortnose sturgeon. Additionally, impacts will be minimal and limited to the installation of rip-rap, piling removal and piling installation. A review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Coordination with NCDMF and NCWRC concluded there is no need for a moratoria related to this species. West Indian manatee USFWS Recommended Survey Window: year round Biological Conclusion: May Affect, Not Likely to Adversely Affect West Indian manatees are found in canals, sluggish rivers, estuarine habitats, salt water bays, and off shore up to 3.7 miles out. They utilize freshwater and marine habitats with depths ranging from 5 feet to 20 feet. Additionally, they require a source of freshwater and aquatic vegetation. The subject project offers suitable habitat for the West Indian manatee within the canal. In-water work is limited to the installation of rip-rap, piling removal and piling installation. The proposed project will not impact the existing behavior or movement of manatees utilizing the canal. Additionally, a review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. The NCDOT will follow the USFWS Guidelines for Avoiding Impacts to the West Indian Manatee, Precautionary Measures for Construction Activities in North Carolina Waters. Rough-leaved loosestrife USFWS Recommended Survey Window: mid May – June Biological Conclusion: No Effect Rough-leaved loosestrife generally occurs in the ecotones between longleaf pine uplands and pond pine pocosins in dense shrub and vine growth on moist to seasonally saturated sands and on shallow organic soils overlying sand. This species has been documented in disturbed habitats such as roadside depressions, utility right-of-way, firebreaks, and trails. No preferred habitat for the species was identified within the study area. A review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 9 November 2021 Seabeach Amaranth USFWS Recommended Survey Window: July – October Biological Conclusion: No Effect Seabeach amaranth occurs on barrier island beaches where its primary habitat consists of overwash flats at accreting ends of islands, lower foredunes, and upper strands of noneroding beaches (landward of the wrack line). No preferred habitat for the species was identified within the study area. A review of the November 2021 NCNHP database identified no known occurrences of this species 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 study area, as well as the area within a 1.0 mile radius of the project limits, was performed on March 2, 2021, using the most currently-available orthoimagery. Water bodies large and sufficiently open enough to be considered potential feeding sources were not identified. Since foraging habitat was not present within the review area, a survey of the study area and the area within 660 feet of the project limits was not required. Additionally, no bald eagle individuals or nests were observed during the May 18, 2021 field visit. A review of the October 2021 NCNHP database revealed no known occurrences of this species within 1.0 mile of the study area. 4.3 Essential Fish Habitat The National Marine Fisheries Service (NMFS) has identified Harlowe Creek/Harlowe Canal as an Essential Fish Habitat (EFH). The NMFS online EFH mapper was used to determine which species has designated EFH within the study area. According to the NMFS EFH online mapper, there are three species that have mapped EFH within the study area and six species that have the potential to occur where EFH spatial data does not exist. For these six species, the South Atlantic Fishery Management Council (SAFMC) descriptions of EFH by life stage was used to determine if their EFH is present in the study area (SAFMC 2016). Based on the NMFS EFH mapper and SAMFC EFH descriptions, it was determined that the study area contains EFH for the various life cycle stages of six species. Table 3 lists the fish species that may occur in the study area that are managed by the NMFS, including the life stages which are reported to occur. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 10 November 2021 Table 3. Managed Fish Species Reported to Occur in the Study Area Species Life Stage Bluefish Juvenile Atlantic butterfish Adult Summer flounder Larva, Juvenile, Adult White shrimp Larva (post), Juvenile Brown shrimp Larva (post), Juvenile Pink shrimp Larva (post), Juvenile Permanent impacts resulting from the proposed bridge replacement over Harlowe Canal will be limited to approximately 100 square feet from rip-rap and pile placement. Additionally, EFH may be temporarily impacted during removal of the existing pilings and from increased turbidity during construction operations. The NCDOT will install turbidity barriers around all in-water operations to reduce potential turbidity impacts. Due to the relatively minor impacts to EFH within its local surroundings, the proposed project will not have significant permanent impacts on EFH. As a result, it is anticipated that no managed species or life cycle stages of managed species will be significantly impacted. 5.0 Water Resources The study area is part of the White Oak River Basin (U.S. Geological Survey [USGS] Hydrologic Unit [HUC] 03020301) and the Neuse River Basin (U.S. Geological Survey [USGS] Hydrologic Unit [HUC] 03020406). One potential stream was identified in the study area (Table 4). The location of this stream is shown on Figures 3 and 4. Table 4. Streams in the Study Area Stream Name Map ID NCDWR Index Number Best Usage Classification Bank Height (ft.) Bankfull width (ft.) Depth (in.) Harlowe Creek Harlowe Canal 21-22-1 SA; HQW 2 70 66 The Harlowe Creek is channelized into a canal north of SR 101. Harlowe Canal is classified as Shellfish Waters (SA) and High Quality Waters (HQW). There are no Outstanding Resource Waters (ORW) or water supply watersheds (WS-I or WS-II) within 1.0 mile downstream of the study area. Based on North Carolina Division of Marine Fisheries (NCDMF) and North Carolina Wildlife Resource Commission (NCWRC) coordination, no designated anadromous fish waters are within the project study area. Additionally, during the Field Scoping Meeting, the North Carolina Department of Environmental Quality (NCDEQ) did not identify any such waters associated with the project. The North Carolina 2020 Final 303(d) list of impaired waters identifies Harlowe Canal (21-22-1) as impaired for fecal coliform. Additionally, impaired waters are within 1.0 mile downstream of the study area. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 11 November 2021 No potential surface waters (i.e., ponds, tributaries, or basins) were identified within 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 5). The location of this stream is shown on Figures 3 and 4. Final mitigation requirements will be determined in coordination with the USACE and NCDWR after a site visit is conducted. Table 5. Characteristics of Jurisdictional Streams in the Study Area Map ID Length (ft.) Area (ac.) Classification Compensatory Mitigation Required River Basin Buffer Harlowe Canal 403 0.5 Perennial Yes Not Subject One jurisdictional wetland was identified and delineated along the bank of Harlowe Canal within the study area (Table 5). The location of the wetland is shown on Figures 3 and 4. Table 6. Characteristics of Jurisdictional Wetlands in the Study Area Map ID NCWAM Classification Hydrologic Classification Area (ac.) WA Salt/Brackish Marsh Riparian <0.01 6.2 Construction Moratoria The NCDEQ identified streams in the study area as an important marine fishery area (saltwater shell fishing) during the January 21, 2021 Field Scoping Meeting. Additionally, waters downstream of the project area are primary nursery areas. Therefore, a mandatory no ground disturbing activities construction moratorium is required from April 1 to September 30. Coordination with NCWRC resulted in the same determination as mentioned above. 6.3 N.C. River Basin Buffer Rules This project is located in the White Oak River Basin (USGS HUC 03020301). Jurisdictional features at the project site are therefore not subject to streamside riparian zones protected under provisions administered by the NCDEQ – Division of Water Resources (NCDWR). Within the study area, outside of the project limits, a portion of Harlowe Canal is located in the Neuse River Basin (USGS HUC 03020406); however, as discussed at the Field Scoping Meeting with Garcy Ward present (held on January 21, Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 12 November 2021 2021), the design will consider only the buffer requirements of the White Oak River Basin (not subject). Table 4 lists which streams are subject to these rules within the project area. 6.4 Rivers and Harbors Act Section 10 Navigable Waters The USACE has designated Harlowe Canal (Creek) as Navigable Waters under Section 10 of the Rivers and Harbors Act. 6.5 Coastal Area Management Act Areas of Environmental Concern There was 1 Coastal Area Management Act (CAMA) Areas of Environmental Concern (AEC) identified in the study area. Harlowe Canal is a designated Public Trust Water, and a CAMA coastal marsh is present at wetland site WA (Figure 3). 6.6 Coastal Barrier Resource System There are no designated Coastal Barrier Resource System units within the study area. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 13 November 2021 7.0 References National Oceanic and Atmospheric Administration (NOAA) Fisheries. Essential Fish Habitat Mapper https://www.habitat.noaa.gov/apps/efhmapper/. (Accessed: November 29, 2021). National Oceanic and Atmospheric Administration (NOAA) Species List. https://www.fisheries.noaa.gov/find-species. (Accessed: November 29, 2021). NatureServe. 2017. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1. NatureServe, Arlington, Virginia. Available https://explorer.natureserve.org/. (Accessed: November 29, 2021). N.C. Department of Environment and Natural Resources, Division of Water Resources. Water Quality Assessment and Impaired Waters List 2020 Final 303(d) list. https://files.nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303d/2020/NC_2020 _Category5_303dlist.pdf N.C. Department of Environment and Natural Resources, Division of Water Resources. Methodology for Identification of Intermittent and Perennial Streams and Their Origins. https://files.nc.gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/401 /Policies_Guides_Manuals/StreamID_v_4point11_Final_sept_01_2010.pdf N.C. Department of Environment and Natural Resources, Division of Water Resources. 2010. N.C. Wetland Assessment Method (NCWAM) User Manual. Prepared by the N.C. Wetland Functional Assessment Team. https://files.nc.gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/PD U/NC%20WAM/NCWAM%20Users%20Manual%20and%20appendices%20v4. 1.pdf North Carolina Department of Environmental Quality (NCDEQ), Division of Marine Fisheries (DMF). 2018. Anadromous Fish Spawning Area Maps. http://portal.ncdenr.org/web/mf/afsa-maps. North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources. 2018. Final 2018 North Carolina 303(d) List. https://files.nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303d/2018/2018- NC-303-d--List-Final.pdf North Carolina Department of Transportation (NCDOT). 2021. Preparing Natural Resource Technical Reports. Environmental Analysis Unit, Environmental Coordination and Permitting Group. Version 3.0 (interim). Approved December 1, 2017. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 14 November 2021 North Carolina Natural Heritage Program (NCNHP). 2021. Natural Heritage Data Explorer [Web Application]. NCDNCR, Raleigh, NC. http://ncnhde.natureserve.org. (Accessed: November 29, 2021). Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina: Fourth Approximation. North Carolina Natural Heritage Program, North Carolina Department of Environmental Quality (NCDEQ). Raleigh, North Carolina. 208 pp. South Atlantic Fishery Management Countil (SAMFC). 2016. Habitat Associations by Life Stage. https://safmc.net/download/Habitat_Associations_by_life_stage_ Dec20161.pdf (Accessed November 29, 2021) United States Army Corps of Engineers (USACE). 1987. Corps of Engineers Wetlands Delineation Manual. U.S. Army Engineers Waterways Experiment Station, Vicksburg, MS. Technical Report Y-87-1. 169 pp. United States Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coast Plain Region (Version 2.0) (ERDC/EL TR-10-20). United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS). 1974. Soil Survey of Carteret County, North Carolina. United States Fish and Wildlife Service (USFWS). 2003. Recovery plan for the Red- cockaded Woodpecker (Picoides borealis) Second Revision. Atlanta, Georgia. 316 pp. United States Fish and Wildlife Service (USFWS). 2017. Piping Plover Fact Sheet. https://www.fws.gov/raleigh/species/es_piplch.html. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2020. Dwarf Wedgemussel. https://www.fws.gov/raleigh/species/es_dwarf_wedgemussel.html. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2020. Eastern black rail. https://www.fws.gov/southeast/wildlife/birds/eastern-black-rail/. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2020. Northern long-eared bat (Myotis septentrionalis). https://www.fws.gov/midwest/endangered/mammals/nleb. (Accessed: November 29, 2021). Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 15 November 2021 United States Fish and Wildlife Service (USFWS). 2020. Programmatic Biological Opinion for NCDOT Program Effects on the Northern Long-eared Bat in Divisions 1-8. https://connect.ncdot.gov/resources/Environmental/EAU/BSG/ Documents/NLEB%20Programmatic/PBO%20for%20NLEB%20in%20Divisions %201-8%2020210101.pdf. United States Fish and Wildlife Service (USFWS). 2020. Red-cockaded Woodpecker (Picoides borealis) species profile. http://www.fws.gov/rcwrecovery/rcw.html. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). Roseate tern (Sterna dougallii dougallii). https://www.fws.gov/raleigh/pdfs/FS_Roseate%20tern.pdf. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2020. Rough leaf loosestrife (Lysimachia asperulaefolia). https://www.fws.gov/raleigh/species/es_rough- leaf_loosestrife.html. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2020. Seabeach amaranth (Amaranthus pumilus). https://www.fws.gov/raleigh/species/es_seabeach_amaranth.html. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2020. Tar River spinymussel. https://www.fws.gov/raleigh/species/es_tar_spinymussel.html. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2021. Information for Planning and Consultation (IPaC), Online Mapper. https://ecos.fws.gov/ipac/location/index (Accessed: November 29, 2021) United States Fish and Wildlife Service (USFWS). 2020. West Indian manatee (Trichechus manatus). https://www.fws.gov/raleigh/species/es_manatee.html. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2021. Rufa red knot (Calidris canutus rufa). https://fws.gov/northeast/red-knot. (Accessed: November 29, 2021). United States Geological Survey (USGS). 2021. Quad Map download. https://apps.nationalmap.gov/downloader/#/. (Accessed: November 29, 2021) Appendix A Figures Appendix B Qualifications of Contributors Investigator Jay Johnson Education: Associates Degree, Recreation and Wildlife Mgt, Hocking Technical College, 1981 B.S. Environmental Geography, Ohio University, 1991 Experience: Professional Wetland Scientist 1997-Present Environmental Manager, Outer Banks Contractors 1991-1994 Environmental Consultant, Environmental Professionals Inc. 1994- 1999 Division Environmental Officer, Division 2 NCDOT, 1999-Present Responsibilities: Wetland and stream delineations, T&E surveys, Permitting and Compliance, Project Review Investigator: Ashley Abdel-Hadi Education: B.S. Biology, University of Central Florida, 2010 M.S. Ecological Restoration, University of Florida, 2017 Experience: Senior Environmental Scientist, Kisinger Campo & Associates, September 2019-Present Ecologist/Environmental Scientist, Private Sector, August 2010- September 2019 Responsibilities: Field review, Document review Investigator: Megan Nicely Education: B.S. Wildlife Ecology and Conservation, University of Florida, 2015 Experience: Environmental Scientist, Kisinger Campo & Associates, May 2019- Present Environmental Specialist, Public Sector, August 2017-May2019 Responsibilities: Field review, Document preparation Investigator: John McNulty Education: B.S. Civil Engineering, North Carolina State University Master of Biological and Agricultural Engineering candidate, North Carolina State University (Anticipated Completion Fall 2022) Experience: Hydraulics Engineer, Kisinger Campo & Associates, December 2019-Present Responsibilities: GIS mapping and analyses Investigator: Andrea Gordon Education: B.S. Civil Engineering, University of Alabama, 2019 Experience: Roadway Engineer, Kisinger Campo & Associates, May 2018- Present Responsibilities: Document preparation, NCNHP Data Explorer review NATURAL RESOURCES TECHNICAL REPORT Replacement of Bridge No. 150057 on SR 1391 (Ball Farm Rd.) over Harlowe Canal Carteret County, North Carolina STIP No. BP2.R005.1 WBS Element No. BP.2.R005.1 THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Division 2 November 2021 Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 1 November 2021 TABLE OF CONTENTS 1.0 Introduction .................................................................................................................2 2.0 Methodology ................................................................................................................2 3.0 Terrestrial Communities ............................................................................................2 4.0 Protected Species .........................................................................................................3 4.1 Endangered Species Act Protected Species ...................................................................... 3 4.2 Bald and Golden Eagle Protection Act ............................................................................. 9 4.3 Essential Fish Habitat ......................................................................................................... 9 5.0 Water Resources .......................................................................................................10 6.0 Regulatory Considerations .......................................................................................11 6.1 Clean Water Act Waters of the U.S. ............................................................................... 11 6.2 Construction Moratoria ................................................................................................... 11 6.3 N.C. River Basin Buffer Rules ......................................................................................... 11 6.4 Rivers and Harbors Act Section 10 Navigable Waters .................................................. 12 6.5 Coastal Area Management Areas of Environmental Concern ..................................... 12 6.6 Coastal Barrier Resource System .................................................................................... 12 7.0 References ..................................................................................................................13 APPENDICES Appendix A Figures Figure 1. Project Location Map Figure 2. Topographic Map Figure 3. Terrestrial Communities Map Figure 4. Jurisdictional Features Map Appendix B Qualifications of Contributors LIST OF TABLES Table 1. Coverage of Terrestrial Communities in the Study Area...............................2 Table 2. ESA Federally Protected Species Listed for Carteret County .......................3 Table 3. Managed Fish Species Reported to Occur in the Study Area ......................10 Table 4. Streams in the Study Area ...............................................................................10 Table 5. Characteristics of Jurisdictional Streams in the Study Area .......................11 Table 6. Characteristics of Jurisdictional Wetlands in the Study Area.....................11 Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 2 November 2021 1.0 Introduction The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 150057 on State Road (SR) 1391 (Ball Farm Road) over Harlowe Creek (STIP No. BP.2.R005.1) in Carteret County, North Carolina (Appendix A, Figures 1 and 2). 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 (ECAP) Preparing Natural Resources Technical Reports Procedure (NCDOT 2017) and the latest NRTR Template (November 2017). Wetland delineations were performed by the NCDOT Division 2 Environmental Officer. A general field review was conducted on May 18, 2021. Jurisdictional areas identified in the study area have not been verified by the United States Army Corps of Engineers (USACE) or the North Carolina Division of Water Resources (NCDWR). The principal personnel contributing to the field work and document are provided in Appendix B. 3.0 Terrestrial Communities Three terrestrial communities were identified in the study area. Figure 3 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 Loblolly pine (Pinus taeda) Water Hickory (Carya aquatica.) Sweetgum (Liquidambar styraciflua) 5.7 Basic Mesic Forest (Coastal Plain Subtype) Privet (Ligustrum spp.) American elm (Ulmus americana) Sweetgum (Liquidambar styraciflua) 1.3 Salt/Brackish Marsh Giant Cane (Arundinaria gigantea) <0.01 Total 7.0 Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 3 November 2021 4.0 Protected Species 4.1 Endangered Species Act Protected Species The United States Fish and Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration (NOAA)list the following federally protected species within the study area, under the Endangered Species Act (ESA) (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. Table 2. ESA Federally Protected Species within the Study Area Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Acipenser oxyrinchus oxyrinchus Atlantic sturgeon E No NE Alligator mississippiensis American alligator T(S/A) Yes Not Required Laterallus jamaicensis Eastern black rail T No NE Chelonia myadas Green sea turtle T No NE Lepidochelys kempii Kemp’s (Atlantic) ridley sea turtle E No NE Dermochelys coriacea Leatherback sea turtle E No NE Caretta caretta Loggerhead sea turtle T No NE Myotis septentrionalis Northern long-eared bat T Yes MA-LAA Charadrius melodus Piping plover T No NE Picoides borealis Red-cockaded woodpecker E No NE Calidris canutus rufa Rufa red knot T No NE Sterna dougallii dougallii Roseate tern E No NE Acipenser brevirostrum Shortnose sturgeon E No NE Trichechus manatus West Indian manatee T Yes MA-NLAA Lysimachia asperulaefolia Rough-leaved loosestrife E No NE Amaranthus pumilus Seabeach amaranth T No NE E – Endangered; T – Threatened; T(S/A) – Threatened due to similarity of appearance T (S/A) – Threatened due to similarity of appearance MA-NLAA – May Affect – Not Likely to Adversely Affect MA-LAA – May Affect – Likely to Adversely Affect NE – No Effect Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 4 November 2021 Atlantic sturgeon USFWS/NMFS Recommended Survey Window: Survey not required; assume presence in appropriate waters Biological Conclusion: No Effect The Atlantic sturgeon is a large fish that occurs in major river systems along the eastern seaboard of the United States. It is an anadromous species that migrates to moderately-moving freshwater areas to spawn in the spring; in some southern rivers a fall spawning migration may also occur. Spawning occurs in moderately flowing water in deep parts of large rivers, usually on hard surfaces (e.g., cobble). The subject project is not within anadromous waters, therefore it does not provide potential habitat for the shortnose sturgeon. Additionally, impacts will be minimal and limited to the installation of rip-rap, piling removal and piling installation. A review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Coordination with North Carolina Division of Marine Fisheries (NCDMF) and North Carolina Wildlife Resource Commission (NCWRC) concluded there is no need for a moratoria related to this species. American alligator USFWS Recommended Survey Window: year-round (only warm days in winter) Biological Conclusion: Not Required In North Carolina, alligators have been recorded in nearly every coastal county, and many inland counties to the fall line. The alligator is found in rivers, streams, canals, lakes, swamps, and coastal marshes. Adult animals are highly tolerant of salt water, but the young are more sensitive, with salinities greater than 5 parts per thousand considered harmful. The American alligator remains on the protected species list due to its similarity in appearance to the Endangered American crocodile. Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. Habitat for American alligator is present in Harlowe Canal within the study area. The riparian system may be deep enough in several parts of the study area for the alligator to migrate. None were observed at the time of the field investigation. A review of the November 2021 North Carolina National Heritage Program (NCNHP) database identified no known occurrences of this species within 1.0 mile of the study area. Black rail USFWS Recommended Survey Window: April - June Biological Conclusion: No Effect The black rail is typically found in saltwater and brackish marshes with dense cover but can also be found in adjacent upland areas. Though the project contains a small saltwater and brackish marsh area, this wetland is not of sufficient size and is too Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 5 November 2021 sparsely vegetated to adequately support the life history and ecology of the black rail. A review of the November 2021 North Carolina National Heritage Program (NCNHP) database identified no known occurrences of this species within 1.0 mile of the study area. Green sea turtle USFWS/NMFS Recommended Survey Window: April - August Biological Conclusion: No Effect Green sea turtles inhabit temperate and tropical oceans and can be found in lagoons, reefs, bays, mangrove swamps, and inlets where marine grasses are present for foraging. Green sea turtles are not known to nest in North Carolina. The subject project does not contain preferred habitat for the species. Additionally, a review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Kemp’s ridley sea turtle USFWS/NMFS Recommended Survey Window: April - August Biological Conclusion: No Effect Kemp’s ridley sea turtles prefer neritic areas of the ocean with sandy or muddy bottoms. While infrequent, Kemp’s ridley sea turtle nests haven been confirmed in North Carolina and sightings for this species exist for most coastal counties. This species prefers beach sections with a well-defined dune area, that back up to swamps or other large bodies of open water. The subject project does not contain preferred habitat or potential nesting areas for the species. Additionally, a review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Leatherback sea turtle USFWS/NMFS Recommended Survey Window: April - August Biological Conclusion: No Effect Leatherback sea turtles inhabit tropical waters of the Atlantic, Pacific, and Indian oceans. They are typically found offshore in the open ocean; however, in northern waters they have been documented in bays, estuaries and other inland bodies of water. While infrequent, leatherback sea turtle nests have been confirmed in North Carolina. They typically nest on sandy beaches backed with vegetation in proximity to relatively deep waters. The subject project does not contain preferred habitat or potential nesting areas for the species. Additionally, a review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 6 November 2021 Loggerhead sea turtle USFWS/NMFS Recommended Survey Window: April - August Biological Conclusion: No Effect Loggerhead sea turtles inhabit the open ocean and can be found offshore in deepwater areas or nearshore in neritic area such as bays, lagoons, salt marshes, creeks, ship channels, and the mouth of large rivers. Loggerhead sea turtles are known to occasionally nest on the sandy beaches of the North Carolina coast. The subject project does not contain preferred habitat or potential nesting areas for the species. Additionally, a review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Northern long-eared bat USFWS/NMFS Recommended Survey Window: June 1 – August 15 Biological Conclusion: May Affect, Likely to Adversely Affect The US Fish and Wildlife Service has revised the previous 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 program in Divisions 1-8, including all NCDOT projects and activities. Although this programmatic covers Divisions 1-8, NLEBs are currently only known in 22 counties, but may potentially occur in 8 additional counties within Divisions 1-8. NCDOT, FHWA, and USACE have agreed to two conservation measures which will avoid/minimize mortality of NLEBs. These conservation measures only apply to the 30 current known/potential counties shown on Figure 2 of the PBO at this time. The programmatic determination for NLEB for the NCDOT program is May Affect, Likely to Adversely Affect. The PBO will ensure compliance with Section 7 of the Endangered Species Act for ten years (effective through December 31, 2030) for all NCDOT projects with a federal nexus in Divisions 1-8, which includes Carteret County, where the proposed project, BP2.R005.1, is located. Piping plover USFWS optimal survey window: year round Biological Conclusion: No Effect Piping plovers breed and winter in North Carolina. Suitable breeding and wintering habitat includes unvegetated coastal sandy beaches and sand and/or mudflats with little to no emergent vegetation. Suitable nesting (coastal sandy beach) or breeding habitat for the piping plover does not exist in the study area. The project study area is predominantly comprised of maintained/disturbed habitat or coastal plain mesic forested areas. Additionally, a review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 7 November 2021 Red-cockaded woodpecker USFWS optimal survey window: year-round; November – early March (optimal) Biological Conclusion: No Effect The red-cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting/roosting habitat. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat. The project study area is predominantly comprised of maintained/disturbed habitat or coastal plain mesic forested areas. Mature loblolly pines are scattered throughout the study area; however, the understory within the forested area is too dense and does not provide suitable nesting or foraging habitat for the species. Additionally, a review of the November 2021 North Carolina Natural Heritage Program (NCNHP) database identified no known occurrences of the RCW within 1.0 mile of the study area. Rufa red knot USFWS optimal survey window: Year Round Biological Conclusion: No Effect Red knots are known to winter in North Carolina and to stop over during migration. Red knots are typically found along sandy, ravel, or cobble beaches, tidal mudflats, salt marshes, shallow coastal impoundments and lagoons, and peat banks. Suitable habitat for the red knot does not exist in the study area. The project study area is predominantly comprised of maintained/disturbed habitat or coastal plain mesic forested areas. Additionally, a review of the November 2021 North Carolina Natural Heritage Program (NCNHP) database identified no known occurrences of this species within 1.0 mile of the study area. Roseate tern USFWS optimal survey window: June – August Biological Conclusion: No Effect In North Carolina, the roseate tern is most commonly found on barrier islands as it travels through the area to and from breeding grounds. Suitable habitat for the roseate tern does not exist in the study area. The project study area is predominantly comprised of maintained/disturbed habitat or coastal plain mesic forested areas. Additionally, a review of the November 2021 North Carolina Natural Heritage Program (NCNHP) database identified no known occurrences of this species within 1.0 mile of the study area. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 8 November 2021 Shortnose sturgeon USFWS/NMFS Recommended Survey Window: Survey not required; assume presence in appropriate waters Biological Conclusion: No Effect Shortnose sturgeon prefer near shore marine, estuarine, and riverine habitat of large river systems. It is an anadromomous species that migrates to faster moving freshwater areas to spawn in the spring. The subject project is not within anadromous waters, therefore it does not provide potential habitat for the shortnose sturgeon. Additionally, impacts will be minimal and limited to the installation of rip-rap, piling removal and piling installation. A review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Coordination with NCDMF and NCWRC concluded there is no need for a moratoria related to this species. West Indian manatee USFWS Recommended Survey Window: year round Biological Conclusion: May Affect, Not Likely to Adversely Affect West Indian manatees are found in canals, sluggish rivers, estuarine habitats, salt water bays, and off shore up to 3.7 miles out. They utilize freshwater and marine habitats with depths ranging from 5 feet to 20 feet. Additionally, they require a source of freshwater and aquatic vegetation. The subject project offers suitable habitat for the West Indian manatee within the canal. In-water work is limited to the installation of rip-rap, piling removal and piling installation. The proposed project will not impact the existing behavior or movement of manatees utilizing the canal. Additionally, a review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. The NCDOT will follow the USFWS Guidelines for Avoiding Impacts to the West Indian Manatee, Precautionary Measures for Construction Activities in North Carolina Waters. Rough-leaved loosestrife USFWS Recommended Survey Window: mid May – June Biological Conclusion: No Effect Rough-leaved loosestrife generally occurs in the ecotones between longleaf pine uplands and pond pine pocosins in dense shrub and vine growth on moist to seasonally saturated sands and on shallow organic soils overlying sand. This species has been documented in disturbed habitats such as roadside depressions, utility right-of-way, firebreaks, and trails. No preferred habitat for the species was identified within the study area. A review of the November 2021 NCNHP database identified no known occurrences of this species within 1.0 mile of the study area. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 9 November 2021 Seabeach Amaranth USFWS Recommended Survey Window: July – October Biological Conclusion: No Effect Seabeach amaranth occurs on barrier island beaches where its primary habitat consists of overwash flats at accreting ends of islands, lower foredunes, and upper strands of noneroding beaches (landward of the wrack line). No preferred habitat for the species was identified within the study area. A review of the November 2021 NCNHP database identified no known occurrences of this species 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 study area, as well as the area within a 1.0 mile radius of the project limits, was performed on March 2, 2021, using the most currently-available orthoimagery. Water bodies large and sufficiently open enough to be considered potential feeding sources were not identified. Since foraging habitat was not present within the review area, a survey of the study area and the area within 660 feet of the project limits was not required. Additionally, no bald eagle individuals or nests were observed during the May 18, 2021 field visit. A review of the October 2021 NCNHP database revealed no known occurrences of this species within 1.0 mile of the study area. 4.3 Essential Fish Habitat The National Marine Fisheries Service (NMFS) has identified Harlowe Creek/Harlowe Canal as an Essential Fish Habitat (EFH). The NMFS online EFH mapper was used to determine which species has designated EFH within the study area. According to the NMFS EFH online mapper, there are three species that have mapped EFH within the study area and six species that have the potential to occur where EFH spatial data does not exist. For these six species, the South Atlantic Fishery Management Council (SAFMC) descriptions of EFH by life stage was used to determine if their EFH is present in the study area (SAFMC 2016). Based on the NMFS EFH mapper and SAMFC EFH descriptions, it was determined that the study area contains EFH for the various life cycle stages of six species. Table 3 lists the fish species that may occur in the study area that are managed by the NMFS, including the life stages which are reported to occur. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 10 November 2021 Table 3. Managed Fish Species Reported to Occur in the Study Area Species Life Stage Bluefish Juvenile Atlantic butterfish Adult Summer flounder Larva, Juvenile, Adult White shrimp Larva (post), Juvenile Brown shrimp Larva (post), Juvenile Pink shrimp Larva (post), Juvenile Permanent impacts resulting from the proposed bridge replacement over Harlowe Canal will be limited to approximately 100 square feet from rip-rap and pile placement. Additionally, EFH may be temporarily impacted during removal of the existing pilings and from increased turbidity during construction operations. The NCDOT will install turbidity barriers around all in-water operations to reduce potential turbidity impacts. Due to the relatively minor impacts to EFH within its local surroundings, the proposed project will not have significant permanent impacts on EFH. As a result, it is anticipated that no managed species or life cycle stages of managed species will be significantly impacted. 5.0 Water Resources The study area is part of the White Oak River Basin (U.S. Geological Survey [USGS] Hydrologic Unit [HUC] 03020301) and the Neuse River Basin (U.S. Geological Survey [USGS] Hydrologic Unit [HUC] 03020406). One potential stream was identified in the study area (Table 4). The location of this stream is shown on Figures 3 and 4. Table 4. Streams in the Study Area Stream Name Map ID NCDWR Index Number Best Usage Classification Bank Height (ft.) Bankfull width (ft.) Depth (in.) Harlowe Creek Harlowe Canal 21-22-1 SA; HQW 2 70 66 The Harlowe Creek is channelized into a canal north of SR 101. Harlowe Canal is classified as Shellfish Waters (SA) and High Quality Waters (HQW). There are no Outstanding Resource Waters (ORW) or water supply watersheds (WS-I or WS-II) within 1.0 mile downstream of the study area. Based on North Carolina Division of Marine Fisheries (NCDMF) and North Carolina Wildlife Resource Commission (NCWRC) coordination, no designated anadromous fish waters are within the project study area. Additionally, during the Field Scoping Meeting, the North Carolina Department of Environmental Quality (NCDEQ) did not identify any such waters associated with the project. The North Carolina 2020 Final 303(d) list of impaired waters identifies Harlowe Canal (21-22-1) as impaired for fecal coliform. Additionally, impaired waters are within 1.0 mile downstream of the study area. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 11 November 2021 No potential surface waters (i.e., ponds, tributaries, or basins) were identified within 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 5). The location of this stream is shown on Figures 3 and 4. Final mitigation requirements will be determined in coordination with the USACE and NCDWR after a site visit is conducted. Table 5. Characteristics of Jurisdictional Streams in the Study Area Map ID Length (ft.) Area (ac.) Classification Compensatory Mitigation Required River Basin Buffer Harlowe Canal 403 0.5 Perennial Yes Not Subject One jurisdictional wetland was identified and delineated along the bank of Harlowe Canal within the study area (Table 5). The location of the wetland is shown on Figures 3 and 4. Table 6. Characteristics of Jurisdictional Wetlands in the Study Area Map ID NCWAM Classification Hydrologic Classification Area (ac.) WA Salt/Brackish Marsh Riparian <0.01 6.2 Construction Moratoria The NCDEQ identified streams in the study area as an important marine fishery area (saltwater shell fishing) during the January 21, 2021 Field Scoping Meeting. Additionally, waters downstream of the project area are primary nursery areas. Therefore, a mandatory no ground disturbing activities construction moratorium is required from April 1 to September 30. Coordination with NCWRC resulted in the same determination as mentioned above. 6.3 N.C. River Basin Buffer Rules This project is located in the White Oak River Basin (USGS HUC 03020301). Jurisdictional features at the project site are therefore not subject to streamside riparian zones protected under provisions administered by the NCDEQ – Division of Water Resources (NCDWR). Within the study area, outside of the project limits, a portion of Harlowe Canal is located in the Neuse River Basin (USGS HUC 03020406); however, as discussed at the Field Scoping Meeting with Garcy Ward present (held on January 21, Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 12 November 2021 2021), the design will consider only the buffer requirements of the White Oak River Basin (not subject). Table 4 lists which streams are subject to these rules within the project area. 6.4 Rivers and Harbors Act Section 10 Navigable Waters The USACE has designated Harlowe Canal (Creek) as Navigable Waters under Section 10 of the Rivers and Harbors Act. 6.5 Coastal Area Management Act Areas of Environmental Concern There was 1 Coastal Area Management Act (CAMA) Areas of Environmental Concern (AEC) identified in the study area. Harlowe Canal is a designated Public Trust Water, and a CAMA coastal marsh is present at wetland site WA (Figure 3). 6.6 Coastal Barrier Resource System There are no designated Coastal Barrier Resource System units within the study area. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 13 November 2021 7.0 References National Oceanic and Atmospheric Administration (NOAA) Fisheries. Essential Fish Habitat Mapper https://www.habitat.noaa.gov/apps/efhmapper/. (Accessed: November 29, 2021). National Oceanic and Atmospheric Administration (NOAA) Species List. https://www.fisheries.noaa.gov/find-species. (Accessed: November 29, 2021). NatureServe. 2017. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1. NatureServe, Arlington, Virginia. Available https://explorer.natureserve.org/. (Accessed: November 29, 2021). N.C. Department of Environment and Natural Resources, Division of Water Resources. Water Quality Assessment and Impaired Waters List 2020 Final 303(d) list. https://files.nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303d/2020/NC_2020 _Category5_303dlist.pdf N.C. Department of Environment and Natural Resources, Division of Water Resources. Methodology for Identification of Intermittent and Perennial Streams and Their Origins. https://files.nc.gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/401 /Policies_Guides_Manuals/StreamID_v_4point11_Final_sept_01_2010.pdf N.C. Department of Environment and Natural Resources, Division of Water Resources. 2010. N.C. Wetland Assessment Method (NCWAM) User Manual. Prepared by the N.C. Wetland Functional Assessment Team. https://files.nc.gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/PD U/NC%20WAM/NCWAM%20Users%20Manual%20and%20appendices%20v4. 1.pdf North Carolina Department of Environmental Quality (NCDEQ), Division of Marine Fisheries (DMF). 2018. Anadromous Fish Spawning Area Maps. http://portal.ncdenr.org/web/mf/afsa-maps. North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources. 2018. Final 2018 North Carolina 303(d) List. https://files.nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303d/2018/2018- NC-303-d--List-Final.pdf North Carolina Department of Transportation (NCDOT). 2021. Preparing Natural Resource Technical Reports. Environmental Analysis Unit, Environmental Coordination and Permitting Group. Version 3.0 (interim). Approved December 1, 2017. Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 14 November 2021 North Carolina Natural Heritage Program (NCNHP). 2021. Natural Heritage Data Explorer [Web Application]. NCDNCR, Raleigh, NC. http://ncnhde.natureserve.org. (Accessed: November 29, 2021). Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina: Fourth Approximation. North Carolina Natural Heritage Program, North Carolina Department of Environmental Quality (NCDEQ). Raleigh, North Carolina. 208 pp. South Atlantic Fishery Management Countil (SAMFC). 2016. Habitat Associations by Life Stage. https://safmc.net/download/Habitat_Associations_by_life_stage_ Dec20161.pdf (Accessed November 29, 2021) United States Army Corps of Engineers (USACE). 1987. Corps of Engineers Wetlands Delineation Manual. U.S. Army Engineers Waterways Experiment Station, Vicksburg, MS. Technical Report Y-87-1. 169 pp. United States Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coast Plain Region (Version 2.0) (ERDC/EL TR-10-20). United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS). 1974. Soil Survey of Carteret County, North Carolina. United States Fish and Wildlife Service (USFWS). 2003. Recovery plan for the Red- cockaded Woodpecker (Picoides borealis) Second Revision. Atlanta, Georgia. 316 pp. United States Fish and Wildlife Service (USFWS). 2017. Piping Plover Fact Sheet. https://www.fws.gov/raleigh/species/es_piplch.html. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2020. Dwarf Wedgemussel. https://www.fws.gov/raleigh/species/es_dwarf_wedgemussel.html. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2020. Eastern black rail. https://www.fws.gov/southeast/wildlife/birds/eastern-black-rail/. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2020. Northern long-eared bat (Myotis septentrionalis). https://www.fws.gov/midwest/endangered/mammals/nleb. (Accessed: November 29, 2021). Natural Resources Technical Report STIP No. BP2.R005.1, Carteret County, N.C. 15 November 2021 United States Fish and Wildlife Service (USFWS). 2020. Programmatic Biological Opinion for NCDOT Program Effects on the Northern Long-eared Bat in Divisions 1-8. https://connect.ncdot.gov/resources/Environmental/EAU/BSG/ Documents/NLEB%20Programmatic/PBO%20for%20NLEB%20in%20Divisions %201-8%2020210101.pdf. United States Fish and Wildlife Service (USFWS). 2020. Red-cockaded Woodpecker (Picoides borealis) species profile. http://www.fws.gov/rcwrecovery/rcw.html. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). Roseate tern (Sterna dougallii dougallii). https://www.fws.gov/raleigh/pdfs/FS_Roseate%20tern.pdf. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2020. Rough leaf loosestrife (Lysimachia asperulaefolia). https://www.fws.gov/raleigh/species/es_rough- leaf_loosestrife.html. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2020. Seabeach amaranth (Amaranthus pumilus). https://www.fws.gov/raleigh/species/es_seabeach_amaranth.html. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2020. Tar River spinymussel. https://www.fws.gov/raleigh/species/es_tar_spinymussel.html. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2021. Information for Planning and Consultation (IPaC), Online Mapper. https://ecos.fws.gov/ipac/location/index (Accessed: November 29, 2021) United States Fish and Wildlife Service (USFWS). 2020. West Indian manatee (Trichechus manatus). https://www.fws.gov/raleigh/species/es_manatee.html. (Accessed: November 29, 2021). United States Fish and Wildlife Service (USFWS). 2021. Rufa red knot (Calidris canutus rufa). https://fws.gov/northeast/red-knot. (Accessed: November 29, 2021). United States Geological Survey (USGS). 2021. Quad Map download. https://apps.nationalmap.gov/downloader/#/. (Accessed: November 29, 2021) Appendix A Figures Appendix B Qualifications of Contributors Investigator Jay Johnson Education: Associates Degree, Recreation and Wildlife Mgt, Hocking Technical College, 1981 B.S. Environmental Geography, Ohio University, 1991 Experience: Professional Wetland Scientist 1997-Present Environmental Manager, Outer Banks Contractors 1991-1994 Environmental Consultant, Environmental Professionals Inc. 1994- 1999 Division Environmental Officer, Division 2 NCDOT, 1999-Present Responsibilities: Wetland and stream delineations, T&E surveys, Permitting and Compliance, Project Review Investigator: Ashley Abdel-Hadi Education: B.S. Biology, University of Central Florida, 2010 M.S. Ecological Restoration, University of Florida, 2017 Experience: Senior Environmental Scientist, Kisinger Campo & Associates, September 2019-Present Ecologist/Environmental Scientist, Private Sector, August 2010- September 2019 Responsibilities: Field review, Document review Investigator: Megan Nicely Education: B.S. Wildlife Ecology and Conservation, University of Florida, 2015 Experience: Environmental Scientist, Kisinger Campo & Associates, May 2019- Present Environmental Specialist, Public Sector, August 2017-May2019 Responsibilities: Field review, Document preparation Investigator: John McNulty Education: B.S. Civil Engineering, North Carolina State University Master of Biological and Agricultural Engineering candidate, North Carolina State University (Anticipated Completion Fall 2022) Experience: Hydraulics Engineer, Kisinger Campo & Associates, December 2019-Present Responsibilities: GIS mapping and analyses Investigator: Andrea Gordon Education: B.S. Civil Engineering, University of Alabama, 2019 Experience: Roadway Engineer, Kisinger Campo & Associates, May 2018- Present Responsibilities: Document preparation, NCNHP Data Explorer review