20150042 Ver 1 _T&E Final Brickhaven _20150224

Brickhaven Mine
Approximately 311 Acres
Chatham County, NC
Threatened and Endangered Species Review and Habitat Assessment
Prepared For
Charah Inc.
12601 Plantside Drive
Louisville, KY 40299
Prepared By
C1earWater Environmental Consultants, Inc.
224 South Grove Street, Suite F
Hendersonville, NC 28792
August 27, 2014

Table of Contents
1.0
INTRODUCTION .....................................................................
............................... 1
2.0
METHODOLOGY ....................................................................
............................... 1
3.0
HABITAT CLASSIFICATION .................................................
............................... 2
3.1
Ruderal Corridors ...................................................................
............................... 2
3.2
Loblolly Pine Forest ...............................................................
............................... 2
3.3
Stream Bank and Riparian ......................................................
............................... 2
3.4
Mixed Pine/Hardwood Forest .................................................
............................... 3
3.5
Oak Hickory Forest ................................................................
............................... 3
3.6
Wetland ....................................................................................
..............................3
3.7
Soils ........................................................................................
............................... 3
4.0
PROTECTED SPECIES ............................................................
............................... 4
4.1
Red - cockaded woodpecker .....................................................
............................... 4
4.2
Cape Fear shiner .....................................................................
............................... 4
4.3
Harperella ...............................................................................
............................... 5
4.4
Northern long -eared bat ..........................................................
............................... 6
4.5
Bald Eagle ...............................................................................
............................... 6
5.0
CONCLUSION AND RECOMMENDATIONS ......................
............................... 7
6.0
REFERENCES ..........................................................................
............................... 8
List of Tables
Table 1: US Fish and Wildlife Service List of Potential Threatened or Endangered
Species in Chatham County
List of Figures
Figure 1: Site Vicinity Map
Figure 2: USGS Topographic Map
Figure 3: NRCS Soils Map
Figure 4: NCCGIA Aerial Photograph
Appendices
Appendix A: US Fish and Wildlife Service County Database Information and NC
Natural Heritage Program Data
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Project 4770 Brickhaven Mine

1.0 INTRODUCTION
The following report includes methods used and results for a threatened and endangered
species survey and habitat assessment for the proposed approximately 311 acre project
known as the Brickhaven Mine. The project is located off Moncure Flatwood Road in
Moncure, Chatham County, North Carolina (Figures 1 -2). The site ranges in elevation
from 334 feet to 230 feet above mean sea level.
The threatened and endangered species survey was conducted to determine the occurrence
of or the potential for existence of federally listed threatened and endangered animal and
plant species on the proposed site. Completion of this survey is directed by three current
state and federal regulations: the Federal Endangered Species Act of 1973 (16 USC 1531-
1543), the North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article 25), and
the North Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b
106: 202.12 -22).
2.0 METHODOLOGY
The protected species survey and habitat assessment was conducted on August 18 -20 and
22, 2014 on the 311 acre project by C1earWater Environmental Consultants, Inc. (CEC) to
determine the potential for occurrences of animal and plant species listed as endangered or
threatened by current federal regulations.
A database search from the US Fish and Wildlife Service (FWS) dated August 6, 2014
provided existing data concerning the presence or potential occurrence of threatened or
endangered species in Chatham County, North Carolina (Appendix A). The FWS lists the
following five federally threatened and endangered species as occurring or potentially
occurring in Chatham County, N.C. The species listed below were included in the surveys
and assessment.
Tahlr 1 Frdrratty hhraata..d and wndanarrPd enrrire lietrd as nrrnrrino or nntrnfially necnrrinv_
Common Name
Scientific Name
Status
Red - cockaded woodpecker
Picoides borealis
Endangered
Cape Fear shiner
Notro is mekistocholas
Endangered
Harperella
Ptilimnium vivi arum
Endangered
Northern long-eared bat
M otis se tentrionalis
Proposed
Bald Eagle
Haliateetus leucoce halus
BGPA
A database search from the NC Natural Heritage Program (NHP) dated August 6, 2014
provided existing data concerning the presence or potential occurrences of federal listed
species in Chatham County, North Carolina within five miles of the site (Appendix A).
The NHP indicates a documented occurrence of the Cape Fear shiner and Harparella
approximately 2.8 miles upstream from the project in the lower Deep River subbasin. In
addition, there are three occurrences of the Red - cockaded woodpecker documented within
five miles of the site.
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Project #770 Brickhaven Mine

The protected species survey consisted of a pedestrian survey by CEC staff. During field
surveys, site habitats were identified and compared with recognized habitats for each of the
five species potentially occurring on the site. Potential flora were identified to the
taxonomic unit level necessary to determine if the observed specimen was a protected
species.
3.0 HABITAT CLASSIFICATION
During our site visits on August 18 -20 and 22, Kevin Mitchell, Clement Riddle, and Steve
Glickauf with CEC identified six habitats: ruderal corridors, loblolly pine forest, stream
bank and riparian, mixed pine/hardwood forest, oak hickory forest, and wetland. The site
has been highly disturbed by mining and silviculture activities.
3.1 Ruderal Corridors
The ruderal habitat consists of road edges and power line rights -of way. It is
considered a disturbed and/or transitional community type. These areas are
dominated by early successional saplings, shrubs, and herbaceous plants. Species
observed include baccharis (Baccharis sp.), lespedeza (Lespedeza sp.), blackberry
(Rubus sp.), dog fennel (Eupatorium capillifolium), goldenrod (Solidago sp.), and
switchgrass (Panicum virgatum). Other species observed include loblolly pine
(Pinus taeda) persimmon (Diospyros virginiana), sweetgum (Liquidambar
styracii lua), Johnson grass (Sorghum halepense), and bracken fern (Pteridium
aquilinum).
3.2 Loblolly Pine Forest
This habitat is dominated by planted loblolly pines approximately five to ten years
old. Other species observed include sweetgum, big bluestem (Andropogon
gerardii), blackberry, baccharis persimmon, winged sumac (Rhos copallinum),
white oak (Quercus alba), water oak (Quercus nigra), post oak (Quercus stellata),
mockernut hickory (Carya tomentosa), and princess tree (Paulownia tomentosa).
3.3 Stream Bank and Riparian
These freshwater habitats include the streambeds and banks and immediate riparian
areas of unnamed tributaries to Shaddox Creek. These tributaries are intermittent in
character and lack base flow throughout. Streams on site are dominated by sand and
silt substrate. Permanently rooted aquatic plants are practically non - existent in on-
site streams. The unnamed tributaries are narrow systems varying from 2 -6 feet
wide. Dominant overstory species include red maple (Ater rubrum), sweetgum,
water oak, willow oak (Qercus phellos), and black gum (Nyssa sylvatica).
Herbaceous species include bracken fern, cinnamon fern (Osmundastrum
einnamomeum), Virginia creeper (Parthenocissus quinquefolia), poison ivy
(Toxicodendron radicans) and greenbrier (Smilax rotundifolia). Other species noted
include tulip poplar (Liridodendron tulipifera), American holly (Ilex opaca),
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northern red oak (Quercus rubra) and American beautyberry (Callicarpa
americana).
3.4 Mixed Pine/Hardwood Forest
The mixed pine/hardwood is dominated by 30 -50 year old loblolly pine, white oak,
mockernut hickory, red maple, sweetgum, and black gum. The understory is
comprised of highbush blueberry (Yaccinium corymbosum), muscadine (Vitis
rotundifolia), bracken fem, and greenbrier. Other species observed include
American holly, sourwood (Oxydendrum arboretum) post oak, and black oak
(Quercus velutina).
3.5 Oak Hickory Forest
This habitat consists of predominately oak species and hickory. Species include
white oak (Quercus alba), northern red oak, mockernut hickory, pignut hickory
(Carya glabra) tulip poplar, sweetgum, sourwood, red maple, and a few scattered
loblolly pines. The understory consists of blueberry (Vaccinium sp.), dogwood
(Corpus florida), black cherry (Prunus serotina), sourwood, Christmas fern
(Polystichum acrostichoides) grapevine (Vitis sp.), and (Hexastylis sp.). Other
species noted include willow oak, American beech (Fagus grandifolia), ironwood
(Carpinus caroliniana), and bracken fern.
3.6 Wetland
The majority of wetlands within the project boundary are seepage and stream -
flow driven systems adjacent to or at the head of intermittent streams. Dominant
overstory species include red maple, sweetgum, and black gum. The herbaceous
layer consists of woolgrass (Scirpus cyperinus), common rush (Juncus effusus),
cinnamon fern, Virginia chain fern (Woodwardia virginica), false nettle
(Boehmeria cylindrica), and sedges (Carex sp.).
Mining operations have influenced wetland development along the eastern portion
of the project. Abandoned sediment basins have been reclaimed with wetland
vegetation. Dominant overstory species include black willow (Salix nigra), red
maple, and sweetgum. In addition to saplings of the above trees, species observed
in the shrub layer were limited to buttonbush (Cephalanthus occidentalis) and
beautyberry. Dominant species in the herbaceous layer include lizard's tail
(Saururus cernuus), cattail (Typha latifolia), and woolgrass. Other species
observed include loblolly pine, pickerelweed (Pontederia cordata), ironweed
(Yernonia sp.), false nettle, and common rush.
3.7 Soils
Soils mapped by the Natural Resources Conservation Service (NRCS) Chatham
County Soil Survey for the site include: White Store - Polkton Complex (WhD,
WhC) 6 -15 percent slopes, Creedmoor -Green Level complex (CrC) 6 -10 percent
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slopes, Peawick fine sandy loam (PeA, PeB) 0 -8 percent slopes, Udorthents loamy
(UdC) 2 -10 percent slopes, and Water (W) (Figure 3) (NRCS 2014).
4.0 PROTECTED SPECIES
The following is a brief description of each federally listed species included in the survey, its
recognized habitat, and comments regarding survey results for that species.
4.1 Red - cockaded woodpecker
The Red - cockaded woodpecker (RCW) (Picoides borealis) is a
small bird measuring about 7 inches in length. Identifiable by its
white cheek patch and black and white barred back, the males
have a few red feathers, or "cockade ". These red feathers usually
remain hidden underneath black feathers between the black
crown and white cheek patch unless the male is disturbed or
excited. Female RCWs lack the red cockade. Juvenile males
have a red patch in the center of their black crown. This patch
disappears during the fall of their first year at which time their
red - cockades appear.
Z
Red - cockaded woodpecker habitat includes forests with trees old enough for
roosting, generally at least 60 -120 years old, depending on the species of pine.
The most prominent adaptation of RCWs is their use of living pines for cavity
excavation.
For nesting and roosting habitat, red - cockaded woodpeckers need open stands of
pine containing trees 60 years old and older. RCWs need live, large older pines in
which to excavate their cavities. Longleaf pines (Pinus palustris) are preferred,
but other species of southern pine are also acceptable. Dense stands (stands that
are primarily hardwoods, or that have a dense hardwood understory) are avoided.
Foraging habitat is provided in pine and pine hardwood stands 30 years old or
older with foraging preference for pine trees 10 inches or larger in diameter. In
good, moderately- stocked, pine habitat, sufficient foraging substrate can be
provided on 80 to 125 acres.
Suitable habitat for the red - cockaded woodpecker does not exist within the
proposed project boundary. The mixed pine/hardwood stands are dominated by
hardwood species. The pine plantation is too young and dense to provide
foraging habitat for the red - cockaded woodpecker. It is the opinion of CEC that
the proposed project is not likely to adversely affect the red - cockaded
woodpecker.
4.2 Cape Fear shiner
The Cape Fear shiner (Notropis mekistocholas) was first described as a new
species in 1971. It is a small (approximately 2 inches long), yellowish minnow
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with a black band along the sides of its body. The shiner's fins are yellow and
somewhat pointed. It has a black upper lip, and the lower lip bears a thin black bar
along its margin.
The Cape Fear shiner is generally associated
with gravel, cobble, and boulder substrates, and
has been observed in slow pools, riffles, and
slow runs. These areas occasionally support
water willow (Justicia americana), which may
be used as cover or protection from predators
(e.g. flathead catfish (Pylodictis olivaris), bass
(Micropterus spp.) and crappie (Pomoxis spp.)).
The Cape Fear shiner can be found swimming
in schools of other minnow species but is never the most abundant species.
During the spawning season, May through July, the Cape Fear shiner adults move
to slower flowing pools to lay eggs on the rocky substrate. Juveniles are often
found in slack water, among large rock outcrops of the midstream, and in flooded
side channels and pools.
Suitable habitat for the Cape Fear shiner does not exist within the proposed
project boundary. The streams on site are intermittent and did not have base flow
at the time of the delineation. It is the opinion of CEC that the proposed project is
not likely to adversely affect the Cape Fear shiner.
4.3 Harperella
Harperella in North Carolina (described as Ptilimnium viviparum) is a perennial
herb that grows to a height of 6 - 36 inches (in) (0.15 - 1.0 meter; m). The leaves
are reduced to hollow, quill -like structures. The small, white flowers occur in
heads, or umbels, reminiscent of a small Queen Anne's lace (Daucus carota)
flower head. Flowers have five regular parts and are bisexual or unisexual, each
umbel containing both perfect and male florets. Seeds are elliptical and laterally
compressed, measuring 0.06 — 0.08 in (1.5 - 2.0 millimeters; mm) in length. In
pond habitats, flowering begin in May, while riverine populations flower much
later, beginning in late June or July and continuing until frost.
Harperella in North Carolina typically occurs on rocky or gravel shoals and
sandbars and along the margins of clear, swift - flowing stream sections.
Harperella is known from only two locations in North Carolina. One population
occurs in the Tar River in Granville County. Another population was
reintroduced to the Deep River recently after the original population known from
that area disappeared. This population occurs in Chatham County, but the river
serves as the divide between Chatham and Lee counties.
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Suitable habitat for the Harperella does not exist within the project boundary. It is
the opinion of CEC that the proposed project is not likely to adversely affect the
Harperella.
4.4 Northern long -eared bat
The Northern long -eared bat (Myotis septentrionalis) has been proposed to be
federally listed as an endangered species. Currently there are no regulations
protecting this species and no development constraints due to its potential
presence; however, the listing decision is expected to be finalized in April of
2015.
Summer habitat for the Northern long -eared bat consists of the cavities, hollows,
cracks, or loose bark of live or dead trees typically greater than three inches DBH
(diameter at breast height). Suitable summer habitat for the Northern long -eared
bat does exist within the proposed site and permanent removal of forested habitat
may adversely affect this species. The timing of tree clearing activities at the site
may be affected once the final listing decision is made. Once listed, a moratorium
on tree cutting could go into effect from approximately May 151i to August 15th.
Final dates of the tree cutting moratorium will not be known until the FWS makes
a final listing decision.
4.5 Bald Eagle
Bald eagles (Haliaeetus leucocephalus) were removed from the endangered
species list in August 2007 because their populations recovered sufficiently. Bald
and Golden eagles are protected under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Act (Eagle Act)
Distinguished by a white head and white tail feathers, bald eagles are powerful,
brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male
eagles are smaller, weighing as much as 10 pounds and have a wingspan of 6 feet.
Sometimes confused with golden eagles, bald eagles are mostly dark brown until
they are four to five years old and acquire their characteristic coloring.
Bald eagles live near rivers, lakes, and marshes where they can find fish, their
staple food. Bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and
other small animals and carrion. Bald eagles require a good food base, perching
areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs,
rivers, and some seacoasts. In winter, the birds congregate near open water in tall
trees for spotting prey and night roosts for sheltering.
No bald eagles nest were observed at the site. It is the opinion of CEC that the
proposed project is not likely to adversely affect the bald eagle.
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Project #770 Brickhaven Mine

5.0 CONCLUSION AND RECOMMENDATIONS
During completion of threatened and endangered species habitat assessments for the
Brickhaven Mine, CEC observed suitable summer habitat for the Northern long -eared bat.
Currently there are no regulations protecting this species and no development constraints
due to its potential presence; however, the listing decision is expected to be finalized in
April of 2015.
As such, development of the Brickhaven Mine is not likely to adversely affect federally
threatened or endangered species. Because of the transitory nature of some of the listed
threatened and endangered species and the particular flower /fruiting periods of some plants;
it is possible that endangered species populations and locations may change over time.
Therefore, any potential findings at a later date should be fully investigated and coordinated
with appropriate agencies to prevent potential adverse impacts.
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Project #1770 Brickhaven Mine

6.0 REFERENCES
NCNHP (North Carolina Natural Heritage Program Database). 2014.
http://T)ortal.ncdenr.org/web/nhy/database-search; accessed August 2014.
NRCS (Natural Resources Conservation Service). 2010. Web Soil Survey for Chatham
County. http:/ /websoilsurvey.sc.egov.usda.gov; Accessed August 2014.
USFWS (United States Fish and Wildlife Service Database). 2014.
http / /www.fws.gov/Raleigh/ species /cntylist/nc_counties.html. accessed August
2014.
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Project #770 Brickhaven Mine

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Appendix A
Database Information August 6, 2014
US Fish and Wildlife Service
0
North Carolina Natural Heritage Program

81612014
Chatham County Endang ered Species, Threatened Species,Federal Species of Concern, and Candidate Species
U.S. Fish & Wildlife Service
Endangered Species, Threatened Species,Federal Species of
Concern, and Candidate Species,
Chatham County, North Carolina
Updated: 04 -29 -2014
Critical Habitat Designations:
Cape Fear shiner- Notropis mekistocholas - Approximately 4.lmiles of the Rocky River from North
Carolina State Highway 902 Bridge downstream to Chatham County Road 1010 Bridge; and approximately
0.5river mile of Bear Creek, from Chatham County Road 2156 Bridge downstream to the Rocky River, then
downstream in the Rocky River (approximately 4.2river miles) to the Deep River, then downstream in the Deep
River (approximately 2.6river miles) to a point 0.3river mile below the Moncure, North Carolina, U.S.Geological
Survey Gaging Station. Constituent elements include clean streams with gravel, cobble, and boulder substrates
with pools, riffles, shallow runs and slackwater areas with large rock outcrops and side channels and pools with
water of good quality with relatively low silt loads.
Federal Register Reference: September 25, 1987, Federal Register, 2: 36034 - 36039.
Common Name Scientific name Federal Record Status
Status
Vertebrate:
American eel
Anguilla rostrata
FSC
Current
Bachman's sparrow
Aimophila aestivalis
FSC
Current
Bald eagle
Haliaeetus leucocephalus
BGPA
Current
Cape Fear shiner
Notropis mekistocholas
E
Current
Carolina darter
Etheostoma collis lepidinion
FSC
Current
Carolina redhorse
Moxostoma sp. 2
FSC
Currrent
htlpJhus N. .go*aleig hrspecieslcntylist/chatham.hird 113

&0/2014 Chatham Cc^ Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
Northern lone -eared bat Myotis septentrionalis P Current
Red - cockaded woodpecker
Picoides borealis
E
Historic
Invertebrate:
Ptilimnium nodosum
E
Current
Atlantic pigtoe
Fusconaia masoni
FSC
Current
Brook floater
41asmidonta va•icosa
FSC
Current
Carolina creekshell
Villosa vaughaniana
FSC
Current
Septinds clubtail
Gomphus septima
FSC
Current
Yellow lampmussel
Lampsilis cariosa
FSC
Current
Vascular Plant:
Buttercup phacelia
Phacelia covillei
FSC
Current
Harperella
Ptilimnium nodosum
E
Current
Sweet pinesap
Monotropsis odorata
FSC
Current
Virginia quillwort
Isoetes virginica
FSC
Historic
Nonvascular Plant:
Lichen:
Definitions of Federal Status Codes:
E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
T = threatened. A taxon'likely to become endangered within the foreseeable future throughout all or a significant
portion of its range."
C = candidate. A taxon under consideration for official listing for which there is sufficient information to support
listing. (Formerly "C 1 "candidate species.)
BGPA =Bald and Golden Eagle Protection Act. See below.
FSC = federal species of concern A species under consideration for listing for which there is insufficient
information to support listing at this time. These species may or may not be listed in the future, and many of these
species were formerly recognized as "C2" candidate species.
T(S /A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance
with another listed species and is listed for its protection Taxa listed as T(S /A) are not biologically endangered
or threatened and are not subject to Section 7 consultation See below.
EXP = experimental population A taxon listed as experimental (either essential or nonessential). Experimental,
nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land,
for consultation purposes, and as species proposed for listing on private land.
P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as 'PE" or 'PT',
respectively.
Bald and Golden Eagle Protection Act (BGPA):
In the July 9, 2007 Federal Register( 7237346 - 37372), the bald eagle was declared recovered, and removed
(de- listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August
8,2007. After delisting the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668 -668d) becomes
the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a
statutory definition of "take" that includes "disturb ". The USFWS has developed National Bald Eagle
Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid
htip:/Aw Ns.g c4rateigMspecies /cnty ist/chathamMml 2/3

x/6/2014 Chatham County Endargered Species, Threatened Species,Federal Species of Concern, and Caudate Species
disturbing bald eagles. For mor information, visit bapV /www fws og v /mdgratorvbirds/baldeaele.htm
Threatened due to similarity of appearance(T(S/A)):
In the November 4, 1997 Federal Register (55822 - 55825), the northern population of the bog turtle (from New
York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to
Georgia) was listed as T(S /A) (threatened due to similarity of appearance). The T(S /A) designation bans the
collection and interstate and international commercial trade of bog turtles from the southern population. The
T(S /A) designation has no effect on land management activities by private landowners in North Carolina, part of
the southern population of the species. In addition to its official status as T(S /A), the U.S. Fish and Wildlife
Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss.
Definitions of Record Status:
Current - the species has been observed in the county within the last 50 years.
Historic - the species was last observed in the county more than 50 years ago.
Obscure - the date and/or location of observation is uncertain.
Incidental/migrant - the species was observed outside of its normal range or habitat.
Probable /potential - the species is considered likely to occur in this county based on the proximity of known
records (in adjacent counties), the presence of potentially suitable habitat, or both
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