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HomeMy WebLinkAbout20150025 All Versions_Application_20150108STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PAT L. MCCRORY GoVERNOR January 7, 2015 U. S. Army Corps of Engineers Regulatory Field Office 2407 West 5h Street Washington, NC 27889 Attn: Ms. Tracey Wheeler NCDOT Coordinator ANTHONY J. TATA SECRETARY Subject: Application for Section 404 Nationwide Permit 18 for the installation of pedestrian bridges on the Palmetto Peartree Preserve, Tyrrell County, North Carolina. Dear Madam: The North Carolina Department of Transportation ( NCDOT) is acting on the behalf of The Conservation Fund to apply for a Nationwide Permit 18 for the installation of pedestrian bridges. These bridges will be located on the Palmetto Peartree Preserve which is a red - cockaded woodpecker (RCW) mitigation site. The Conservation Fund owns the property but NCDOT is currently in negotiations to obtain the deed. NCDOT expects to obtain the deed before the installation begins but definitely before the work is completed. We request that this permit be transferred to NCDOT when we obtain the deed. These bridges will be used for foot traffic to cross the many canals on the property to access RCW cavity trees for demographic monitoring. We are only installing 12 bridges. These are listed on the attached map as priority bridges 1 -12. The other bridges mentioned may or may not be installed in the future. If so another permit application will be submitted. The pedestrian bridges will vary in length from 17 to 35 feet and be no wider and 4 feet. The wetland impact area was determined to be 24 square feet for each bridge. The total wetland impact for all 12 bridges will be <0.01 acre. Wetlands are located only on one side of each bridge. The other side of the bridge is located on the road which is not jurisdictional. Please find enclosed the Pre - construction Notification (PCN). Letter from The Conservation Fund allowing us to submit on their behalf, a sketch of the bridge impact area, table of the amount of impact per bridge and a map showing the general location of MAILING ADDRESS: LOCATION: NC DEPARTMENT OF TRANSPORTATION TELEPHONE: 919 - 707 -6000 CENTURY CENTER, BUILDING B PROJECT DEVELOPMENT & ENVIRONMENTAL ANALYSIS UNIT FAX: 919- 212 -5785 1020 BIRCH RIDGE DRIVE 1598 MAIL SERVICE CENTER RALEIGH NC 27610 RALEIGH NC 27699 -1548 WEBSITE.NCOOT.GOV each bridge. A Categorical Exclusion was completed for the Palmetto Peartree Preserve in March 1999 and is enclosed. REGULATORY APPROVALS Section 404 Application is hereby made for a modification to the USACE Nationwide Permit 18 as required for the above - described activities. Section 401 No written approval is being requested nor is it required for the above activities. CAMA: While there are no CAMA AECs, this project is in a CAMA county. However, we are applying for a nationwide permit which has been deemed consistent with CAMA. Thank you for your assistance with this project. If you have any questions or need additional information, please contact Rachelle Beauregard at reauregard@ncdot.gov or (919) 707 -6105. Sincerely, Richard W. Hancock, P.E., Manager Project Development and Environmental Analysis Unit cc: Justin Boner, The Conservation Fund David Wainwright, NCDWR Gary Jordan, USFWS Travis Wilson, NCWRC Greg Daisy, NCDCM Rachelle Beauregard, NES o�oF vvar�,�Q� h r � y O Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit FZ ❑ 1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ❑ No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: install pedestrian foot bridges over canals within the Palmetto Peartree Preserve 2b. County: Tyrrell 2c. Nearest municipality / town: Columbia 2d. Subdivision name: not applicable 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: The Conservation Fund 3b. Deed Book and Page No. not applicable 3c. Responsible Party (for LLC i f applicable): not applicable 3d. Street address: P.O. Box 271 3e. City, state, zip: Chapel Hill, NC 27514 3f. Telephone no.: (919) 967 -2223 3g. Fax no.: (919) 967 -9702 3h. Email address: jboner @conservationfund.org 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: 4b. Name: North Carolina Department of Transportation (NCDOT is in negotiations with TCF on purchasing the property) 4c. Busines s name (if applicable): 4d. Street address: 1020 Birch Ridge Dr. 4e. City, state, zip: Raleigh, NC 27610 4f. Telephone no.: 919 - 707 -6105 4g. Fax no.: 919 - 212 -5785 4h. Email address: rbeauregard @ncdot.gov 5. Agent/Consultant Information (if applicable) 5a. Name: not applicable 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): not applicable 1 b. Site coordinates (in decimal degrees): Latitude: 35.958604 Longitude: - 76.183575 (DD.DDDDDD) (- DD.DDDDDD) 1c. Property size: 10,000 acres approx.. 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Albemarle Sound, Alligator River and Little Alligator River proposed project: 2b. Water Quality Classification of nearest receiving water: SB, SC Sw, SC Sw, respectively 2c. River basin: Pasquotank 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is currently forested and serves as a federally endangered red - cockaded woodpecker mitigation site for NCDOT 3b. List the total estimated acreage of all existing wetlands on the property: Approx. 10,000 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approx. 200,000 feet 3d. Explain the purpose of the proposed project: To install pedestrian bridges over the canals to access land on the property for red - cockaded woodpecker monitoring and management 3e. Describe the overall project in detail, including the type of equipment to be used: The project involves installing 12 pedestrian foot bridges over the canals within the Palmetto Peartree Preserve. Bridges range from 17 feet to 35 feet and will no wider than 4 feet. The bridges will be laid on top of the wetland The bridges will span the canals. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ❑ Yes ® No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact number — Type of impact Type of wetland Forested Type of jurisdiction Area of impact Permanent (P) or (if known) (acres) Temporary T Site 1 ®P ❑ T fill Riverine Swamp Forest ® Yes ❑ No ® Corps ❑ DWQ <0.01 Site 2 ❑ P ❑ T Choose One ❑ Yes ❑ No ❑ Corps ❑ DWQ Site 3 ❑ P ❑ T Choose One ❑ Yes ❑ No ❑ Corps ❑ DWQ Site 4 ❑ P ❑ T Choose One ❑ Yes ❑ No ❑ Corps ❑ DWQ Site 5 ❑ P ❑ T Choose One ❑ Yes ❑ No ❑ Corps ❑ DWQ Site 6 ❑ P ❑ T Choose One ❑ Yes ❑ No ❑ Corps ❑ DWQ 2g. Total wetland impacts <0.01 2h. Comments: Impacts at Site 1 include area for all 12 foot bridges. See attached spreadsheet for individual impacts for each bridge. Wetland impacts will only occur on one side of each bridge. The other side of the bridge will be located on the road which is not jurisdictional. The impact area for the wetland impacts was determined by a 4 by 6 foot area. See attached sketch. The length was determined to be an area 4 feet long beginning at the wetland boundary from the canal. The maximum width of the bridge is 4 feet so area of impact was determined to be 6 feet in length (1 foot extra on each side of bridge for room to secure the bridge end in place). So the maximum wetland impact per bridge is 24 square feet. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of Average Impact length number - (PER) or jurisdiction stream (linear feet) Permanent (P) or intermitte (Corps - width Temporary (T) nt (INT)? 404, 10 (feet) DWQ - non -404, other) Site 1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ Site 2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ Site 3 ❑ P ❑ T ❑ PER ❑ Corps [:11 NT ❑ DWQ Site 4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ Site 5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ Site 6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of impact number — waterbody Type of impact Waterbody Area of impact (acres) Permanent (P) or (if applicable) type Temporary T 01 ❑P ❑T 02 ❑ PEI T 03 ❑P FIT 04 ❑P ❑T 4f. Total open water impacts X Permanent X Temporary 4g. Comments: The USACE has called the canals 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or (acres) number purpose of pond Flo Flooded Filled Excavated ode Filled Excavated Flooded d P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar-Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f, 6g. Buffer impact number— Reason for impact Buffer Zone 1 impact Zone 2 impact Permanent (P) or Stream name mitigation (square feet) (square feet) Temporary T required? B1 ❑P ❑T El Yes ❑ No B2 ❑P FIT El Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h. Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. All the pedestrian bridges will be spanned over the canals. The impact to wetlands will be minimal and only the amount needed to secure the end of the bridge. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The impact to wetlands will be minimal and only the amount needed to secure the end of the bridge. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No If no, explain: Only minimal impact to wetlands <0.1 acre. 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigat ion option will be used for this project? ❑ Mitigation bank Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: not applicable 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If not, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? N/A 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? not applicable ❑ Phase II ❑ NSW 3b. Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties 4a. Which of the following state - implemented stormwater management programs apply ❑ HQW (check all that apply): ❑ ORW ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No n/a attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ® Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ® Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes additional development, which could impact nearby downstream water quality? ® No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This project will not result in additional development 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. not applicable 10 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, ind icate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Recent surveys, USFWS website, CE. No pine trees will be cut for the installation of the pedestrian foot bridges. Thus no impact to RCW habitat. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NMFS County Index 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NEPA Documentation 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? http: / /fris.neem.org /fris /Home.aspx Richard W. Hancock, P.E. -- -- - 7 - 2Q %s Date Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) 11 THE CONSERVATION December 12, 2014 Richard W. Hancock, P.E. F U N D Manager, Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, NC 27699 Dear Mr. Hancock PO Box 271 Chapel Hill, NC 27514 919- 967 -2223 On behalf of The Conservation Fund, I am submitting this letter authorizing the North Carolina Department of Transportation ( NCDOT) to be The Conservation Fund's agent in seeking the necessary permits and approvals for the construction of pedestrian bridges or boardwalks at the Palmetto - Peartree Preserve in Tyrrell County, North Carolina. This infrastructure will facilitate management of the endangered red - cockaded woodpecker and will allow NCDOT to maintain their species mitigation bank across the 10,000 -acre preserve. If you have any questions about The Conservation Fund's involvement with this project, please do not hesitate to contact our Preserve Manager, Justin Boner, at 919 -475 -6756 orjboner @conservationfund.org. Thank you for your time and consideration. Sincerely, P--o 1+-1 Paul F. Hurt Assistance Secretary and Deputy General Counsel cc: Rachelle Beauregard, Natural Environment Section, Project Management Group, NCDOT Justin Boner, Palmetto- Peartree Preserve Manager, The Conservation Fund 4- o- 'F q' -�c vre a a' Je c+,4a n Pedestrian Bridge Lengths and Wetland Impacts per bridge Bridge Number Approx length Location of Wetland (ft) wetlands Impact (sq ft) on north side of 1 25 road 24 south side of 2 17 the road 24 north side of 3 25 road 24 south side of 4 25 the road 24 north side of 5 29 road 24 west side of 6 25 road 24 north side of 7 23 road 24 south side of 8 23 the road 24 north side of 9 30 road 24 north side of 10 35 road 24 east side of 11 35 road 24 east side of 12 33 road 24 Total square feet 288 Total acres 0.007 yt . Legend Canal bridges needed Priority 01 - 12 J 13 -20 4j - �— — P3 roads P3 Boundary Canal bridges needed for red - cockaded woodpecker (RCW) monitoring access on Palmetto Peartree Preserve (P3), in order of priority, August 2014. ** 0 0.5 1 Miles I I I 2014 1. Tyrrell County Proposed Red - cockaded Woodpecker Ylanagement Preserve Federal -Aid Project 4 STP- 0107(l) State Project # 3.2130301 TIP # R -4017 CATEGORICAL EXCLUSION U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION AND N.C. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS APP OVED: / D , A E William D. Gilmore, P. ., Manager Project Development and Environmental Analysis Branch 3 9 ATE f'( Nich s L. Graf, P.E. Division Administrator, FHWA TABLE OF CONTENTS 1.0 INTRODUCTION .......................................... ............................... . 2.0 HAZARDOUS WASTE SUMMARY ........................ ...........................2(A) 3.0 NATURAL RESOURCES OVERVIEW .................. ..............................4 3.1 Introduction ........................................... ..............................4 3.2 Vegetative Communities .......................... ............................... 3.3 Water and Wetland Resources ..................... ..............................5 3.4 Protected Species ................................... ............................... 3.4.1 Red - cockaded woodpecker ............. ..............................5 3.4.2 Other Protected Species ................ ............................... 3.5 Wildlife Resources ................................. ..............................7 3.6 Summary ............................................ ............................... 4.0 PROTECTED SPECIES IMPACT ASSESSMENT ..... ..............................8 4.1 Federally Protected Species ...................... ............................... 4.2 Federal Species of Concern/State Listed Species ...........................11 5.0 RED- COCKADED WOODPECKER ASSESSMENT . .............................12 5.1 Introduction ....................................... ............................... l 5.2 Scope of Work ................................... ............................... 5.3 Project Area and Site ............................. ..............................1 5.4 Methods ........................................... ............................... 5.5 Results and Discussion .......................... ............................... 14 6.0 MEMORANDUM (ARCHITECTURAL SUMMARY ) ............................18 7.0 ARCHAEOLOGICAL MANAGEMENT SUMMARY ...........................19 TABLE 1: Federally Protected Species For Tyrrell County ...........................8 MAP I: Regional Context MAP 2: Red - cockaded woodpecker Nest Sites FIGURE I: Site Location FIGURE 2: Cluster Locations APPENDIX l: Cavity Tree Data ATTACHMENT: Tax Reimbursement Strategy INTRODUCTION The North Carolina Department of Transportation ( NCDOT) proposes to purchase approximately 9,732 acres of property located in Tyrrell County, in the northeastern coastal plain of North Carolina (Map # 1). The purpose of this acquisition is to provide mitigation for impacts to federally endangered Red - cockaded woodpeckers or their habitat that are anticipated to occur as a result of transportation projects. The property contains 18 active clusters of Red - cockaded woodpeckers (Map # 2). A memorandum of agreement is under development between The United States Fish and Wildlife Service, The Conservation Fund, and NCDOT that will allow for the property to be managed as a Red - cockaded woodpecker preserve. The parties to the agreement anticipate that management of the property will increase the number of active clusters. NCDOT intends to use credits generated from the management and development of the preserve for existing and future transportation projects. The use of credits from the management preserve will be primarily restricted to the North Carolina coastal plain. The following information includes the results of investigations conducted to identify any potential problems on the property associated with hazardous materials, federally protected species and architectural and archaeological resources. The Conservation Fund is in the process of developing a plan to provide Tyrrell County with fiends to replace the loss of tax base. A letter from The Conservation Fund to NCDOT addressing this issue is included in the report attachments. The acquisition of this property will have overall positive environmental benefits. No substantial negative environmental impacts are anticipated. Therefore, this action has been classified as a "Categorical Exclusion ". 2.0 HAZARDOUS WASTE SUMMARY This report enumerates the findings of a Phase I Environmental Site Assessment on six tracts of land belonging to Butler Land and Timber Company, located in Tyrrell County, North Carolina. Canal Environmental Services (CES) of Florence, South Carolina - a division of Canal Forest Resources, Inc. of Charlotte, North Carolina - conducted this assessment under contract with Prudential Timber Investment, Inc. of Boston Massachusetts. The objective this Phase I Environmental Site Assessment was to identify, to the extent practicable pursuant to the, process described in the American Society of Testing and Materials (ASTM) Practice E 1527 -94, recognized environmental conditions in connection with the referenced property. Achieving assessment objectives entailed: (1) on -site reconnaissance, (2) interviews with appropriate individuals; and (3) reviews of maps, aerial photos, and documents on file with Federal, State, and Local regulatory agencies The site reconnaissance, interviews, and review of information on file with Federal, State and Local agencies revealed neither environmental permits issued nor regulatory action taken on or adjacent to the tracts. This assessment showed no evidence of contamination within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) occurring within one mile of the property boundaries. This assessment revealed no Treatment, Storage or Disposal (TSD) facilities, as defined by the Resource Conservation and Recovery Act (RCRA), occurring within one mile of the property boundaries. Finally, this assessment revealed no RCRA generators, no landfills, and no registered or leaking underground storage tanks occurring within 1/2 mile of the property boundaries. Small unauthorized disposal sites containing household waste occurred on several tract compartments, but these appeared to be de minimis in nature; they emitted no obvious odors, showed no apparent stained soils, and no obvious evidence of stressed vegetation. 2 CES has performed this Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527 -94 on the referenced property. Any exceptions to or deletions from this practice are described in Section 2.3 of this report. This assessment revealed no evidence of recognized environmental conditions in connection with the property. 9 0((4-1 STATE OF NORTH CAROLINA DEPARTMENT OF TR-v\ISPORTATION JAMES B. HUNT JR. P.O. BOX 25201. RALEIGH. N.C. 27611 -5201 E. NoR1us TOLSON GOVERNOR SECRETARY February 23, 1999 SUBJECT: GeoEnvironmental Impact Study Hazardous Nlaterial Evaluation for Proposed Red - Cockaded Woodpecker Nlitibation Site in Tyrrell County Purpose This report presents the results of a '`GeoEnvironmental Impact Study" conducted alone the above referenced mitigation site. The main purpose of this investigation is to identify propertie within the project study area that may contain hazardous materials and result in future environmental liability if acquired, These hazards may include, but are not limited to: underground storage tanks (USTs), hazardous waste sites, regulated landfills and unregulate.' dump sites. Methodology A Field reconnaissance survey was conducted within the proposed mitigation areas along existing rSads. In addition to the field survey, a file search of appropriate environmental agencies was conducted to identify any known problem sites in the area. Underground Storage Tank (UST) Facilities Based on the Field reconnaissance survey, no facilities with the possibility for USTs were identified within the mitigation areas. The closest facility is a former gas station at the intersection of SR 1229 and SR 1221, but would not be impacted with the current mitigation areas. Landfills and Other Potentially Contaminated Properties The Geographical Information Service (GIS) was consulted for the area. The research shows that no regulated or unregulated landfills or dumpsites occur within the area. The Field reconnaissance also did not locate any dump sites. 2A GeoEnv iron mental fmoact Stud% Februar• __. 1000 P - Based on the Field reconnaissance and records search, there should be no Further environmental conflicts other than those mentioned in this report, which could potentially impact this project. Roadway Design should avoid proposed right -of -way encroachment at any identified sites, because of potential environmental liabilities for proper cleanup and remediation if contamination exists. [f the site cannot be avoided, a "Preliminary Site Assessment" should be performed prior to right -of -way acquisition to determine the extent of any contamination. This assessment will also be used by the Department to estimate the associated clean up costs. Sincerely. E��nG Tarasc , ' Project Environmental geologist Geotechnical Unit%GeoEnvironmental Section cc Jim West, Right -of -Way Branci, Ray White, LG, Geotechnical Unit Area I 3A 3.0 NATURAL RESOURCES OVERVIEW 3.1 Introduction The Tyrrell County Timberlands consists of approximately 9,700+ acres on several tracts in extreme northeastern Tyrrell County, North Carolina. Most of the acreage is included in two large parcels, the Foreman Tract (8,105+ acres) and the Major / Loomis Tract (1,301± acres). The purpose of this report is to provide a brief overview of the natural resources on this site. 3.2 Vegetative Communities The.property is mostly forested with mature (jo+ years old) pine, pine - hardwood and swamp hardwood forest types. Loblolly pine (Pins taeda) is the dominant pine. There are approximately 6,625 acres of pine dominated stands and 2,645 acres of hardwoods, with small amounts of cut -over land ( -217 acres), non - forested land (-123 acres) and planted pine (-125 acres). Several vegetative communities occur onsite including Mesic Pine Flatwoods, Wet Pine Flatwoods, Pond Pine Woodland, Nonriverine Swamp Forest, Nonriverine Wet Hardwood Forest, Peatland Atlantic White Cedar Forest, Tidal Cypress -Gum Forest and Natural Lake Shoreline. Pine Flatwoods and Nonriverine Swamp Forest are the most widespread community types. Peatland Atlantic White Cedar Forest and Natural Lake Shoreline are the least common. Tidal Cypress -Gum Swamp is restricted to the shorelines along Albemarle Sound and Alligator Creek. Most natural communities have been subject to prolonged alteration of the natural fire cycle. This has resulted in dense hardwood midstories in most pine stands and suppression of the native herbaceous ground cover. Pine regeneration is dense in some stands that have been cut to seed tree or shelterwood overstory densities. 3.3 Water And Wetland Resources The property has 8.8 miles of frontage on Albemarle Sound with road access at two points. There are 2.8 miles of frontage on the north side of Alligator Creek (one road access) and 3.1 miles of frontage on the south side of Alligator Creek. Soils are hydric and include both mineral soils and organic mucks. Common soil types are the Tomotley, Weeksville, Belhaven, Dorovan and Perquimans series. Vegetation is hydrophytic. Wetland hydrology is presumably present on much of the property, however, some ditches and canals were constructed in the past. Drainage efforts have had an unknown impact on natural hydrology. 3.4 Protected Species 3.4.1 Red - cockaded Woodpecker A protected species survey in 1996 and the resulting Biological Assessment (enclosed) documented the presence of 18 active red - cockaded woodpecker (Picoides borealis) (RCW) (federal/State endangered) clusters on this property. No inactive clusters were found. During the 1996 breeding season, at least 83 percent of these clusters contained RCW nests. The ratios of active to inactive clusters and active clusters with nests versus those without are unusually high, especially for a supposedly isolated population. Other RCW groups are rumored to exist on private lands to the south and have been documented on the Alligator River and Pocosin Lakes National Wildlife Refuges and Dare County Bombing Range. This RCW population is the largest known on privately -owned timberland in North Carolina and the most northerly population of significant size ( >10 groups) east of the Appalachian Mountains. Its location at the northeastern edge of the species' range, isolation from other RCW populations and the relatively unique habitat occupied strongly suggest that this population may contain unique genetic material and behavioral adaptations. Under appropriate management, the Tyrrell County population could provide inputs of critical genetic diversity to the two RCW Recovery Populations (Coastal Plain and Sandhills) in North Carolina. This would be accomplished by periodically translocating individuals from Tyrrell County to the Recovery Populations. This population could also 5 provide a source of RCWs for the emergency RCW restoration effort underway in southeastern Virginia. Using the `Blue Book' RCW foraging habitat guidelines developed by the U.S. Fish and Wildlife Service ( USFWS) (Guidelines for preparation of biological assessments and evaluations for the red - cockaded woodpecker, Henry 1989), existing RCW groups (18) utilize a minimum of 2,250 acres of pine or pine - hardwood and 152,820 square feet (sq. ft.) of pine basal area (BA) in stems >4 inches diameter at breast height (DBH). Using the private landowner (non - federal) foraging habitat standard (Guidelines for management of red - cockaded woodpeckers on private lands, USFWS 1992), existing RCW groups encumber at least 1,080 acres and 54,000 sq. ft. of pine BA in stems > 10 inches DBH. With intensive management, existing pine and pine - hardwood sites (exclusive of Nonriverine Swamp Forest) potentially could support an additional 20+ groups using the federal Blue Book foraging habitat standards or 70+ groups using the private lands standard. The former total is probably attainable over time. Establishment of significantly higher population densities would require research on RCW habitat utilization for this population. 3.4.2 Other Protected Species No federally protected plant species are known from the property, however, no systematic surveys have been conducted for protected plants. An American bald eagle (Haliaeetus leucocephalus) (federal threatened, State endangered) nest has been documented along the eastern property boundary north of Alligator Creek. The red wolf (Canis rufus) (federal / State endangered) has been recorded onsite ( USFWS, personal communication') and the American alligator (Alligator mississippiensis) (federal threatened by similarity of appearance, State threatened) may occur in Alligator Creek. The Dismal Swamp southeastern shrew (Sorex longirostris fisheri) (federal / State threatened) and peregrine falcon (Falco peregrinus) (federal / State endangered) undoubtedly occur onsite, the former species in woodlands, the latter along shorelines during migrations and winter. No surveys have been conductea for btate -listed species. 0 3.5 Wildlife Resources The property contains habitats for a wide variety of indigenous wildlife (amphibians, reptiles, birds and mammals). Approximately 2,600 acres of mature Nonriverine Swamp Forest provide excellent breeding habitat for numerous Neotropical migrant landbirds. Waters of the adjacent Albemarle Sound and Alligator Creek provide habitat for migratory and wintering waterfowl. There are large populations of white - tailed deer (Odocoiles virginianus) and black bear (Ursus americanus). 3.6 Summary Purchase of the Tyrrell County Timberlands by a public agency would protect the largest known RCW population on private lands in North Carolina. Sufficient habitat is present to at least double the existing RCW population. The extensive shorelines along Albemarle Sound and Alligator Creek and the large acreages of mature forests and forested wetlands are other factors that make this property unique. 4.0 4.1 PROTECTED SPECIES IMPACT ASSESSMENT Some populations of fauna and flora have been in, or are in, the process of decline either due to natural forces or their inability to coexist with human development, Federal law (under the provisions of the Endangered Species Act of 1973, as amended) requires that any action, likely to adversely affect a species classified as federally - protected, be subject to review by the United States Fish and Wildlife Service (FWS). Other species may receive additional protection under separate state laws. Federally Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under the provisions of Section 7 and Section 9 of the Endsng, . —' ^ ^' ^r t0-7; 1999, the FWS lists four federally protected species for Tyrrell County (Table 1). Table 1. Federally Protected Species for Tyrrell County American alligator Alligator mississippiensis Threatened (S /A) Red wolf Canis ri fiis Experimental Bald eagle Haliaeetus leucocephalcis Threatened Red - cockaded woodpecker Picoides borealis Endangered Threatened because of similarity of appearance [T(S /A)I designates species that are threatened due to similarity of appearance with other rare species and are listed for the rare species' protection. T(S /A) are not subject to Section 7 consultation. Experimental designates experimental, nonessential endangered species that are treated as threatened on public land and proposed for listing on private land. Threatened designates a taxon likely to become endangered within the foreseeable future throughout all or a significant portion of its range. Endangered designates a taxon that are in danger of extinction throughout all or a significant portion of its range. Alligator mississippiensis (American alligator) Threatened S/A Animal Family: Alligatoridae Date Listed: 04 June 1987 The American alligator is a large reptile with a broad snout, a short neck, heavy body, and a laterally compressed tail. Adults are blackish to dark gray. The alligator inhabits freshwater marshes and swamps in the coastal plain of North Carolina from the southern boundary of the Albemarle Sound throughout the coastal plain of eastern and southeastern North Carolina. The American alligator is listed as Threatened due to Similarity of Appearance (T S /A). This is due to its similarity of appearance to another rare species that is listed for protection. T S/A species are not subject to Section 7 consultation and a biological conclusion for this species is not required. Canis rutus (red wolf) Experunencac Animal Family: Canidae Date Listed: 3 /11/67 The red wolf is a medium -sized canid smaller than the grey wolf and larger and hardier than the coyote. A more elongated head and shorter coarser pelage than the grey wolf can identify the red wolf. It has coloration similar to that of the coyote, but with a darker element. Habitat requirements for the red wolf are not specific. The red wolf does need heavy vegetation to provide adequate shelter and denning materials. BIOLOGICAL CONCLUSION: No Effect The red wolf has been sighted on the proposed management preserve property. Management strategies being developed for red - cockaded woodpeckers will not preclude or reduce the continued utilization of this property by red wolves. 9 Haliaeetus leucocepltalus (bald eagle) Threatened Animal Family: Accipitridae Date Listed: 3/11/67 Their large white head and short white tail can identify adult bald eagles. The body plumage is dark -brown to chocolate -brown in color. In flight bald eagles can be identified by their flat wing soar. Eagle nests are found in close proximity to water (within a half mile) with a clear flight path to the water, in the largest living tree in an area, and having an open view of the surrounding land. Human disturbance can cause an eagle to abandon otherwise suitable habitat. The breeding season for the bald eagle begins in December or January. Fish are the major food source for bald eagles. Other sources include coots, herons, and wounded ducks. Food may be live or carrion. BIOLOGICAL CONCLUSION: No Effect Bald eagles are known to nest on the property boundary to the east of the proposed management preserve. Management strategies being developed for red - cockaded woodpeckers will not impact activity conducted by bald eagles on or adjacent to the proposed management preserve. Picoides borealis (red - cockaded woodpecker) Endangered Animal Family: Picidae Date Listed: 13 October 1970 The adult red - cockaded woodpecker (RCW) has a plumage that is entirely black and white except for small red streaks on the sides of the nape in the male. The back of the RCW is black and white with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks. The RCW has a large white cheek patch surrounded by the black cape, neck, and throat. The RCW uses open old growth stands of southern pines, particularly longleaf pines (Pines palustris) for foraging and nesting habitat. A forested stand must contain at least 50% pine, lack a thick understory, and be contiguous with other stands to be appropriate habitat for the RCW. These birds nest exclusively in trees that are >60 years old and are contiguous with pine stands of 10 at least 30 years of age. The foraging range of the RCW is up to 200 hectares (500 acres). This acreage must be contiguous with suitable nesting sites. These woodpeckers nest exclusively in living pine trees and usually in trees that are infected with the fungus that causes red -heart disease. Cavities are located in colonies from 3.6 to 30.3 m (12 to 100 ft) above the ground and average 9.1 to 15.7 m (30 to 50 ft) high. They can be identified by a large encrustation of running sap that surrounds the tree. The RCW lays its eggs in April, May, and June: the e�!ss hatch approximately 38 days later. BIOLOGICAL CONCLUSION: Consultation in Progress The management strategy under development for the proposed preserve will be designed to maximize the approximate 9732 acres for red - cockaded woodpecker habitat. NCDOT in cooperation with The Conservation Fund and in consultation with the U.S. Fish and Wildlife Service will be involved in the Section Seven process, until its completion. It will be necessary for the Section Seven Consultation process to be reinitiated, if at any time during the management of the preserve additional federally protected species are impacted. 4.2 Federal Species of Concern /State Listed Species Federal Species of Concern (FSC) are those plant and animal species that may or may not be listed in the future. Theses species were formerly candidate species, or species under consideration for listing for which there was insufficient information to support a listing of Endangered, Threatened, Proposed Endangered, or Proposed Threatened. Federal Species of Concern are not afforded federal protection under the ESA and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Organisms which are listed as Endangered (E), Threatened (T), Significantly Rare (SR), or Special Concern (SR) by the North Carolina Natural Heritage Program (NCNHP) list of rare plant and animal species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979; however the level of protection given to state listed species does not apply to NCDOT activities. No FSC are listed for Tyrrell County. 11 5.0 RED - COCKADED WOODPECKER ASSESSiVIENT 5.1 Introduction In November 1995, Environmental Timber Management (ETM), Inc. of Macon, Georgia sold approximately 9,700 acres of forest land located in Tyrrell County, North Carolina, to The Prudential Insurance Company of America (Prudential Timber Investments). A federally endangered species, the red - cockaded woodpecker (Picoides borealis) (RCW), was discovered on the property just prior to the transaction and could restrict timber management options on some portions of the property. One million dollars was placed in escrow by ETM to offset potential economic impacts imposed by RCW habitat requirements: i.e., the retainage of mature pine timber for RCW nesting and foraging habitat. In November 1995, Dr. J. H. Carter III and Associates (JCA), Inc. was contracted to conduct a RCW survey of the PruTimber tracts and potential RCW habitat within 0.5 miles of the tracts. Additionally, southern pine beetle (Dendroctonus frontalis) (SPB) infestations were to be assessed to make certain timber removals resulting from the SPB infestations were in compliance with Section 9 of the Endangered Species Act (ESA), as amended. This document was prepared to present the results of our field work and the current status of RCWs on the PruTimber tracts. 5.2 Scope of Work Between 20 December 1995 and 28 May 1996, we conducted a RCW cavity tree survey of the 9,700 acres and all potential RCW habitat within 0.5 mile of the PruTimber tracts. made cavity tree activity assessments and obtained limited information on group size and 1996 breeding status of the RCW groups. SPB buffer zones were checked to assess impacts to active RCW clusters. 12 5.3 Project Area and Site The project area is located in extreme northeastern Tyrrell County in northeastern coastal Forth Carolina (Figure 1). The project area is bordered by the Alligator River to the east, Albermarle Sound to the north and timber and agricultural lands to the west and south. Tracts of the project site were located adjacent to Alligator Creek on the north and south. Sev-ril ^ °tative commun;,v types occ= ­n the -, roject site. Th' ..:'.ude Pond Pine Woodland, Nonriverine. Swamp Forest, Mesic Pine Flatwoods and Wet Pine Flatwoods. Most forest stands have dense hardwood under- and mid - stories, except where recent silvicultural treatments have suppressed the undergrowth. Dense pine regeneration occurs under an open canopy of mature pine on a few sites. Most of the tracts are forested with mature timber, though some areas have been clearcut in the recent past. 5.4 Methods We used aerial surveys to locate RCW clusters and cavity trees due to the very dense understory vegetation throughout the forested portions of the property. A grid was set up to survey the tract using a helicopter at low altitudes. Transects spaced approximately 500 feet apart were flown north to south, then overlapped by perpendicular east -west transects. If an RCW cavity tree or cluster was found from the air, it was roughly plotted on aerial photography. A ground survey of the cavity trees was then conducted. Cavity trees were marked with metal tags using a consecutive numbering system and plotted on black and white aerial photography (1 inch = 2400 feet). Data were taken on each RCW cavity tree and included cavity tree characteristics and cavity information such as stage, activity, direction and height. Cavity trees were grouped into clusters (18) based on relative geographic location of the cavity trees supplemented by observations of RCWs. Efforts were made to ascertain breeding status of the RCW groups. Most clusters were checked at least once during the breeding season (early May). Clusters 1, 4, 5, 6, 8, 9, 10, 13, 14, 17, 18 and 20 were checked for RCW nests on 20 May 1996. Clusters 2, 3, 7, 11 and 15 were checked for nests on 28 May 1996. Because of access problems, Cluster 19 was not checked for breeding activity. The lower trunk of each active cavity tree in a cluster was banged or scraped 13 Figure 1. General location of the PruTimber Tracts, Tyrrell County, North Carolina. in an effort to flush an adult RCW. If a RCW flushed, it was noted as a probable nest for that particular cluster. If an adult RCW flushed and no nestlings were heard, we assumed the bird was incubating eggs. If an adult RCW flushed and nestlings were heard, we documented that the bird was brooding or feeding nestlings. If no RCW flushed out of any active cavities, time was spent in the cluster waiting to see if birds came back to a cavity tree to feed nestlings. Sites were not revisited if reproductive activity was noted during the first cluster check. Bird counts were done between 27 December 1995 and 2 May 1996. Bird counts were utilized to determine group composition and size. Due to time constraints, a minimal number of counts (1 or 2) were conducted at each RCW cluster. Therefore, some numbers were estimated. Bird counts were generally done when the birds came in to roost for the evening. No counts were done after the 1996 breeding season, so no current census is available. Southern pine beetle infestations were located by Canal Forest Resources (CFR), Inc. CFR, Inc. also marked 100 -200 foot buffers around the SPB spots. Pine timber within the SPB buffers was marked to be removed. The buffers were added to ensure the SPB infestation was removed completely and to help contain the infestation. Maps of the SPB spots were sent to JCA, Inc. by CFR, Inc. JCA re- mapped the SPB spots using SigmaScan software. One- quarter mile and 0.5 mile radius circles were configured around the RCW cluster centers. The SPB spots and related buffers were also field checked to assess any impacts to active RCW clusters. 5.5 Results and Discussion Eighteen active RCW clusters (Figure 2) were found in the cavity tree /cluster survey. Approximately 100 previously unknown RCW cavity trees were discovered during the survey. Cavity data (stage, activity, direction and height) and cavity tree characteristics are listed in Appendix 1. Two potential clusters, numbers 12 and 16, were not verified as RCW clusters. Dates of observation and the estimated number of RCWs per cluster are listed in Table 1. It was difficult to get an accurate count of birds per cluster because RCWs were unbanded. Population demography and group composition at each RCW cluster would be possible to ascertain if the adults and nestlings were color banded. Additional field work is needed to get a current census of adult RCWs per cluster. 14 Cluster Number Status Activitv Azimuth Height DBH Comments (degrees) (feet) (inches) 15 15164 Cavity Poss. Active 263 55 14.7 15 15168 Cavity Active 30 48 16.8 15 15169 Adv. Start Active 160 60 18.5 15 15176 Rec. Comp. Poss. Active 340 55 16.7 15 15177 Cavity Active I00 65 19.7 17 15118 Cavity Active 201 60 16.9 17 151 i9 Cavity Active 263 29 14.9 18 15134 Cavity Active 263 45 21.0 18 15137 Cavity Active 283 57 19.7 18 15135 Cavity Active 261 32 15.7 18 15133 Cavity Inactive 313 50 23.8 18 15182 Cavity Inactive 20 39 16.8 18 15183 Start Inactive 65 28 21.2 18 15184 Rec. Comp. Active 21.1 19 15170 Cavity Inactive 282 35 21.7 19 15171 Cavity Inactive 217 14 15.7 19 15172 Cavity Active 178 40 14.5 19 15173 Cavity Active 227 65 15.8. 19 15194 Cavity Relic 334 45 18.6 19 15187 Cavity Inactive 218 32 18.0 19 15188 Cavity Relic 339 28 15.1 19 15189 Cavity Poss. Active 258 70 18.4 20 15138 Cavitv inactive 262 36 18.0 20 15139 Cavity Inactive 2 70 16.0 20 15140 Cavity Active 210 45 19.5 20 15141 Cavity Active 286 60 20.0 20 15166 Cavity Inactive 242 27 20.2 20 15167 Cavity Active 310 55 Adv. Start = advanced start Poss. Active = possibly active Rec. comp. = recently completed cavity Cluster Number Status Activity Azimuth Height DBH Comments (degrees) (feet) (inches) 7 15129 Start Poss. Active 220 35 17.7 7 15130 Cavity Dead 125 26 13.5 7 15131 Cavity Active 324 55 17.5 7 15132 Cavity Inactive 198 50 16.2 7 15154 Cavity Active 240 14 10.2 7 15155 Cavity Poss. Active 110 18 16.9 7 15156 Rec. Comp. Active 260 39 16.1 7 15157 Rec. Comp. Active 265 44 14.2 3 15136 Cavity Poss. Active 77 36 15.7 8 15153 Start Inactive 253 27 14.2 8 15160 Cavity Inactive 200 20 14.7 8 15178 Cavity Poss. Active 318 39 19.8 8 15179 Cavity Relic 140 30 17.6 8 15180 Cavitv Poss. Active 295 17 19.7 8 15185 Adv. Start Inactive 152 45 18.2 9 15093 Cavity Active 270 35 21.4 9 15094 Cavity Inactive 285 25.6 9 15095 Start Active 165 29 21.0 9 15096 Cavity Inactive 285- 35 25.5 9 15097 Cavity, 225 39 25.5 9 15098 Cavity Active 300 45 25.0 10 15181 Rec. Comp. Active 215 44 18.7 10 15186 Cavity Inactive 288 47 15.4 IO 15193 Cavity Poss. Active 110 42 17.2 10 15194 Cavity Relic 260 20 15.0 11 15142 Cavity Active 196 55 18.3 11 15143 Cavity Inactive 240 50 18.4 11 15144 Cavity Inactive 339 40 18.4 11 15146 Cavity Active 293 30 16.9 11 15147 Open Roost Inactive 190 60 20.8 13 15109 Cavity Active 20 30 13 15110 Cavity Relic 275 20 13 15111 Cavity Active 288 13 14 15112 Cavity Active 200 40 17.6 14 15113 Cavity Active 201 15 15.6 14 15114 Cavity Active 280 41 19.9 14 15115 Cavity Inactive 301 40 11.5 14 15116 Cavity Inactive 153 30 12.5 14 15117 Cavity Poss. Active 188 40 16.0 Red -heart fungus Appendix 1. Red - cockaded woodpecker cavity and cavity tree data. Data includes cluster number, tree number, cavity status, activity, height, azimuth direction, tree dbh, and comments. Cluster Number Status Activity Azimuth Height DBH Comments (degrees) (feet) (inches) 1 15100 Cavity Inactive 360 33 26.4 1 15101 Cavity Poss. Active 40 55 21.1 1 15102 Start Inactive 195 27 24.9 l 15103 Cavity Active 220 35 20.1 1 15104 Start Active 160 57 17.9 1 15105 Cavity Poss. Active 240 38 21.9 1 15106 Adv. Start Inactive 120 37 25.8 1 15158 Rec. Comp. Inactive 328 30 20.3 2 15148 Cavity Active 167 57 18.2 2 15149 Start Active 220 22 13.1 2 15150 Cavity Active 51 19.9 2 15151 Rec. Comp. Active 310 59 22.5 2 15152 Cavity Active 273 41 19.2 2 15159 Cavity Poss. Active 276 38 14.5 2 15165 Cavity Active 160 42 20.0 3 15099 Cavity Inactive 190 52 15.6 3 15107 Cavity Inactive 220 56 18.7 3 15108 Cavity Poss. Active 195 31 18.0 4 15162 Cavity Active 251 33 19.2 4 15163 Rec. Comp. Active 294 24 18.4 4 15190 Cavity Active ,. 173 26 14.9 5 15120 Cavity Active 182 27 15.2 5 15121 Rec. Comp. Active 216 30 13.7 5 15122 Cavity Active 189 51 18.2 5 15123 Rec. Comp. Active 255 50 18.5 5 15124 Cavity Active 225 38 18.7 5 15125 Cavity Active 240 35 21.4 5 15126 Rec. Comp. Active 120 40 15.7 5 15191 Cavity Relic 325 58 20.8 5 15192 Start Relic 182 55 22.7 6 15127 Cavity Active 280 41 19.3 6 15128 Cavity Active 240 50 23.3 6 15161 Rec. Comp. Active 225 43 16.6 SPB infested SPB infested Clusters 1. 2, 3, 4, 5, 6, 7, 8, 9, 11, 13, 14, 15, 17 and 20 showed signs of reproductive activity (Table 1). Overall nesting effort was probably higher since nest checks were minimal. Sites were not revisited once a probable nest was found. Adequate monitoring of nests would have involved climbing trees to count eggs and band nestlings, followed by a field check of fledging success. Revisiting nest sites would have also enabled us to note nest failures. Regardless, the limited information we were able to gather showed a large percentage (83 %) of the clusters with RCW nesting activity. CFR, Inc. identified a total of 28 SPB spots on PruTimber tracts. The SPB spots and related buffers were field checked to assess any impacts to active RCW clusters. Three RCW clusters (Clusters 5, 7 and 8) were affected by SPB spots within or near the clusters. Timber removals within or near the RCW clusters will decrease the number of recruitment cavity trees available to the RCW. Also, the SPB infestation may kill existing RCW cavity trees. Eleven active RCW clusters (2, 3, 4, 5, 6, 7, 8, 11, 13, 14, 18 and 20) had SPB infestations within one - half mile of the clusters. An assessment of impacts of SPB- related.timber removals on the RCW was submitted to the U.S. Fish and Wildlife Service by CFR, Inc. and was approved. According to the Draft Landowner Requirements ( USFWS 1992), 3000 square feet of pine basal area (BA) and 5500 pine stems 10 inches in diameter at breast height (dbh), or a smaller number of larger trees, on at least 60 acres contiguous to the cluster are required per active RCW cluster. Therefore, a minimum of 1080 acres will be encumbered on the PruTimber tracts as RCW foraging habitat, although more than 60 acres are often necessary to reach 3000 sq. ft. of pine BA. Generally, 3000 square feet of pine BA can be met within a one - quarter mile (125 acre) circle around a cluster if this area is mostly forested with pine 10 inches dbh or larger. If a significant portion of the one - quarter mile circle is forested with young pine or hardwood or is non - forested, stands beyond one - quarter mile and up to one -half mile, must be retained. In all cases, RCW habitat must be contiguous to the cluster, that is not separated by any "non- habitat" wider than 330 feet. A Biological Assessment for timber removals within one -half mile of active RCW clusters must be submitted to the USFWS for approval pursuant to Section 9 of the ESA. Relevant RCW population information, as well as stand maps, stocking data and proposed substrate removals must be included in the Biological Assessment. The USFWS will review the 15 Table l . Red - cockaded woodpecker observations on the PruTimber tracts, Tyrrell County, North Carolina in 1996. RCW observations include an estimate of the number of adult RCWs per group and 1996 reproductive activity observations. Estimated Number Nest Nesting Cluster Birds in Group Tree Observation Date of Observation 1 3 15105 Tending nestlings 5/20/96 2 4 15152 Tending nestlings 5/28/96 3 2. 15108 Incubating 5/28/96 4 2 15162 Tending nestlings 5/20/96 5 3 15124 Tending nestlings 5/20/96 6 2 15127 Incubating 5/20/96 7 4 15154 Incubating 5/28/96 8 2 15180 Incubating 5/28/96 9 3 15093 Incubating 5/28/96 10 1 No nest 5/20/96 11 2 15142 Tending nestlings 5/28/96 13 1 15111 Incubating 5/28/96 14 3 15112 Incubating 5/20/96 15 2 15177 Tending nestlings 5/28/96 17 2 15118 Incubating 5/20/96 18 2 15135 Incubating 5/20/96 19 2 Not checked/access problem 20 2 No nest 5/28/96 MI supplied information and upon approval, issue a "letter of concurrence" that can be used as proof of compliance with Section 9 of the ESA. Information supplied to JCA, Inc. to date by ETM and CFR is insufficient for us to determine how many acres in what configurations must be retained as RCW habitat. No detailed stand maps or timber cruise data have been supplied to us. Such detailed data must be gathered for foraging habitat within one -half mile of clusters that are to be affected by future timber sales. In lieu of such information, no pine timber sales should be conducted within one -half mile of any RCW cluster. Removal of non -RCW habitat, such as hardwood stands within one -half mile of a c:;:ster are not subject to USA WS rep iew, unless die logging is within the cluster during the RCW breeding season (April — July). Timber sales outside the one -half mile radius around clusters do review by the L1SF.`.'S. FVA 6.0 NIENIORANDUM (ARCHITECTURAL SURVEY) DATE: September 10, 1998 TO: Hal Bain FROM: Mary Pope Furr RE: Woodpecker Mitigation Site, Tyrrell County. An architectural survey of the area of potential effect (APE) was completed for the above - referenced project on September 3, 1998. This survey identified three properties over fifty years of age within the APE. The three identified properties were presented in a meeting between NCSHPO and NCDOT and both parties agreed that none of the properties were eligible for the National Register and not worthy of further evaluation. A copy of the signed concurrence form is attached. In addition, no properties less than fifty years of age were found in the APE that meet eligibility Criterion G for listing in the National Register. 18 7.0 ARCHAEOLOGICAL MANAGEMENT SUMMARY This report presents the findings of a preliminary archaeological background investigation for proposed purchase of a wetland mitigation Bank. The study area contains 9,732 acres (3940 ha) comprised of twenty parcels of land separated into six separate sections. The report is intended to provide information that will assist in developing an inventory of archaeological sites that are potentially eligible to the National Register of Historic Places. The report includes a description of the physical environment of the study area, a review of the existing documentation regarding the relevant prehistory and history, and a summary of previous archaeological research in the region. Recommendations for future survey methods, and predictions of archaeological sites that may be found within the proposed study area are included as well. An archaeological background study was undertaken to begin evaluation of the project's possible impacts upon archaeological resources, if any, and to rank each parcel of land's potential to contain National Register eligible archaeological sites. This study represents efforts to initiate Section 106 of the National Historic Preservation Act of 1966 early in the planning of the undertaking, to consult with the State Historic Preservation Officer to assess information needs and to identify historic properties and evaluate the National Register eli gibility of properties within the area of potential effect (APE). An effort was undertaken to identify any sites which may warrant preservation in place as public exhibits and therefore could be subject to Section 4(f) of the Department of Transportation Act of 1966. No previously documented archaeological sites were located within the proposed mitigation land. Background research indicates that the area offers little potential to yield significant historic and prehistoric archaeological sites. A drive -over reconnaissance of the proposed mitigation areas, in addition to an intensive comparison of topographic maps and aerial photographs, was conducted to determine both natural and manmade impediments to future survey. Based on previous area investigations and regional overviews, a range of predictive models for settlement patterns could be devised, but the two controlling vari ables in any model are likely to be topographic relief and proximity to watercourses. In a region so low and flat, the most likely areas for both prehistoric and early historic settlement and use will be relatively higher ground adjacent to the sound or a navigable tributary. Archaeological survey of the proposed mitigation lands should concentrate on those areas, of which there are very few in the study area. The likelihood of any sites containing remains worthy of preservation in place is low, so Section 4(f) of the DOT act is unlikely to be a firrnr, i9 THE CONSERVATION FUND March 1, 1999 Mr. Hal Bain, Environmental Supervisor Planning & Environmental Branch NC Department of Transportation Division of Highways P.O. Box 25201 Raleigh, NC 27611 Re: PruTimber Tract / Tyrrell County, NC Dear Hal, North Carolina Office P.O. Box 271 Chapel Hill, NC 27514 (919) 967 -2223 Phase (919) 967 -9702 FAX Earlier this year, The Conservation f=und submitted a proposal to purchase and manage the 9,732± -acre PruTimber tract in Tyrrell County for red- cockaded woodpecker mitigation. This letter confirms that The Conservation Fund, on behalf of itself, its successors and assigns, commits to ensuring that annual property taxes will continue to be paid in full to Tyrrell County following the purchase of the property from PruTimher. Annual taxes are approximately S2 1.000 per year at this time. The Conservation Fund will work closely with Tyrrell County leaders, as we have for the past decade, to ensure that an economic strategy is developed and implemented to benefit the County's economy. Our collaborative strategy following creation of the Pocosin Lakes National Wildlife Refuge in 1989 resulted in establishment of two nonprofit organizations (one local and one regional) that have collectively created over 40 jobs in Tyrrell County. These organizations' programs are providing job skill and small business development training, and eco- tourism development opportunities for local residents, particularly those who are economically disadvantaged. We are working with Tyrrell County leaders and Duke University's Nicholas School of the Environment to develop a habitat management / business plan for the PruTimber tract that will create job and small business opportunities, and will build on the eco - tourism and environmental education programs currently in place. The plan will be implemented in partnership with County officials and agencies, to ensure that local issues and concerns arc addressed to the fullest extent possible. The Conservation Fund appreciates NCDOT's consideration of our proposal; please don't hesitate to call if you should have any questions or need additional information. Thank you. Sincerely, mikki Sager, NC Representative Partners in land and wairr conservation ZO'd L00'oN TZ :S[ 66,1:0 aebl Z0Z6- L96- 616 :­131 d01 d U �cc cc ° N ECC ca U /f N 7 NI. \ En N / v -� ► I N _a Cdrd CD �,j b N 4 00 CIA 03 cz 3 / I l c-i i u rn �, y; J 1h is I* 0 Red Cockaded Woodpecker Nest Sites PnoTimber Tyrrell Timberlands Map Prepared by The Conservation Fund January 1999 Data Sources: U.S. Geological Survey Canal Forest Resources NC State Plane, NAD27 N 1 2 Miles PruTimber Tyrrell Timberl Map 2 .;P -�; i Tyrrell County IL S�� r ,� II PruTimber Tyrrell Timberlands Map Prepared by The Conservation Fund January 1999 Data Sources: U.S. Geological Survey NC CGIA Canal Forest Resources NC State, Plane, NAD27 N 0 1 2 Miles Map 1