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HomeMy WebLinkAbout20150041 Ver 1_Attach F T&E Final Moncure Holdings (10.19.12)_20150224WITHERS RAVENEL ENGINEERS I PLANNERS I SURVEYORS October 19, 2012 Moncure Holdings, LLC Jason Kaplan — Manager 282 Century Place Suite 2000 Louisville, Co 80027 RE: ±1000 acre Moncure Certified Site — Moncure, Chatham County Threatened and Endangered Species Report — Request for Concurrence Mr.Kaplan; Withers & Ravenel (W &R) has completed a survey for federally listed Threatened (T) and Endangered (E) species that could potentially occur within the Moncure Certified Site (Project), which is located in Moncure, Chatham County, North Carolina. The Project is located east of Moncure - Flatwood Road (SR 1924) and south of Old US 1 (SR 1011), and is bordered to the west by Shaddox Creek (Latitude: 35.608931 °N; Longitude: - 79.025567 °W). The Project consists of two parcels (PIN 9697 -26- 9773.000; 9698 -22- 7074.000) totaling ±1,000 acres and is proposed to be developed as a commercial /industrial development. W &R staff conducted pedestrian surveys of the Project from 9/21/12 — 9/27/12 for the presence of federally listed threatened or endangered species or their habitat protected under the Endangered Species Act (ESA). This letter summarizes the results of this work. METHODOLOGY Prior to field work all species were reviewed and current literature consulted for any new information on habitat preferences. The USFWS Endangered and Threatened Species database, located at http:// www. fws. gov /raleigh/species /cniylist /nc counties.html, was reviewed to identify listed species known to occur within Chatham County and the current protection status of each species. The NC Natural Heritage Program's online database, located at: http: / /www.ncOp.org /web /op /database - search, was also reviewed to identify federally listed species known to occur within the Moncure, Merry Oaks, Cokesbury and New Hill USGS Quadrangle Maps. Furthermore, the review of the NCNHP database did not identify any federally listed threatened and/or endangered species within 2 -miles of the Project. From 9/21/12 — 9/27/12, W &R conducted a field review of the ±1000 acre Project. Transects were walked through the review area to map vegetative communities and identify potential habitat for protected species. The Project consisted primarily of undeveloped woodlands which are actively managed for silviculture. The natural communities identified within the Project consisted of mixed pine/hardwood forest, bottomland hardwood forest, early successional areas, and a large, perennial stream ( Shaddox Creek). The vegetative composition of the mixed pine/hardwood forest consisted of a semi- closed canopy of loblolly pine (Pinus taeda), sweetgum (Liquidambar styraciflua) and various oaks, with a dense midstory of sweetgum (Liquidambar styraciflua), mockernut hickory (Carya tomentosa), and dogwood (Cornus florida). The pine /hardwood forest is actively managed for timber production, and contains a mostly even aged stand of Loblolly pines. However, logging activities have ceased, and as a result a thick mid/understory has developed. The vegetative composition of the bottomland hardwood forest consisted of a semi- closed canopy of swamp chestnut oak (Quercus michauxxi), blackgum (Nyssa sylvatica), water oak (Quercus nigra), and green ash (Fraxinus pennysylvanica). Mid/understory species were comprised of sweetgum (Liquidambar styraciflua), swamp chestnut oak, musclewood (Carpinus caroliniana), and deciduous holly (Ilex decidua). 115 MacKenan Drive I Cary, NC 275111 tel.: 919.469.33401 fax: 919.467 -6008 1 www.withersravenet.com I License No. C -0832 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: 336.605.3009 1 fax: 919.467.6008 ±1000 acre Moncure Certified Site — T &E Survey Report The early successional areas consisted of the cleared areas associated with roads, a power line easement and food plots created by hunters to attract wildlife. The vegetative composition within these areas consisted of a mixture of fescue (Scheonorus arundinaceus), broom sedge (Andropogon virginicus), lespedeza (Sericea lespedeza), clover (Trifolium repens) and other common weeds and forbes. A portion of Shaddox Creek, a large perennial tributary to the Haw River, is located within the Project. Shaddox Creek is a slow moving creek, which has been significantly impacted due to multiple impoundments as a result of beaver activity. SPECIES SYNOPSIS AND PEDESTRIAN SURVEY RESULTS Plants and animals classified as Endangered (E) or Threatened (T) by the USFWS are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. The following table presents federally listed species by the USFWS for Chatham County, North Carolina as of the date of this report. Common Name Scientific Name Federal Habitat Biological Status Present Conclusion Bald Eagle Haliaeetus leucocephalus BGPA* No No Effect Red - cockaded Picoides borealis E No No Effect Woodpecker Cape Fear Shiner Notropis mekistocholas E No No Effect Harperella Ptilimnium nodosum E No No Effect *Bald and Golden Eagle Protection Act Bald Eagle USFWS Optimal Survey Window: Year Round Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 miles of open water. There were no trees found within or adjacent to the Project that contained active, inactive or abandoned nests and no bald eagles were observed during the pedestrian surveys. There are no large bodies of water adjacent to or within 1.0 miles of the Project. Shearon Harris Lake is located approximately 1.5 miles east of the Project, but there are no known eagle nests at the lake. A review of the NCNHP online database search did not identify any known active or historic bald eagle nesting sites within the Moncure, Merry Oaks, Cokesbury and New Hill USGS quadrangle maps. Based on the lack of nearby records and lack of apparently suitable nesting habitat, W &R concludes that the development of the Project will have No Effect on bald eagles. Biological Conclusion — No Effect Red - Cockaded Woodpecker The red - cockaded woodpecker (RCW) occurs in extensive tracts of open stands of mature pines, particularly longleaf pine (Pinus taeda), for foraging and nesting/roosting habitat, typically 70 to 100 acres or more. The red - cockaded woodpecker is rarely found in deciduous or mixed pine- hardwoods. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat. Optimal habitat is characterized as a broad savanna with a scattered overstory of large pines and a dense groundcover containing a diversity of grass, forbs, and Page 2 of 4 WITHERS Cl: RAVENEL ENGINEERS I PLANNERS 15URVEYORS ±1000 acre Moncure Certified Site — T &E Survey Report shrub species. Midstory vegetation is sparse or absent. Frequent fires maintain the quality of the RCW's habitat. The foraging range of the RCW is normally no more than 0.5 miles. The onsite bottomland hardwood forest was determined to not be suitable RCW nesting habitat. The onsite mixed pine /hardwood forest is currently under active management for timber production, resulting in evenly aged stands of loblolly pines across the Project. The pine dominated forests within 1.0 miles surrounding the Project are also actively managed for timber production as is evidenced by a review of aerial photographs. As a result of the periodic harvesting of the timber, there are no contiguous stands of mature pines in excess of 60 years old within the Project. Furthermore, the understory is extremely dense due to the lack of mature canopy to shade out understory vegetation. During the pedestrian survey, W &R reviewed the larger pine trees within the pine /hardwood forest for the presence of active or abandoned cavity trees. No active or abandoned cavity trees or RCW individuals were observed during the pedestrian survey. Therefore, W &R concludes that the Project does not contain suitable RWC nesting habitat. Due to the active and ongoing silviculture operation within and adjacent to the Project, as well as dense understory within the mixed pine /hardwood forest, W &R determined that there is no favorable or marginal RCW nesting or foraging habitat within the Project. Therefore, W &R concludes that the development of the Project will have No Effect on the red - cockaded woodpecker. Biological Conclusion — No Effect Cape Fear Shiner USFWS Optimal Survey Window: Not Specified The Cape Fear shiner is a small (approximately 2" long), yellowish minnow with a black band along the sides of its body. The Cape Fear shiner is generally associated with gravel, cobble and boulder substrates and is endemic to the upper Cape Fear River Basin in the Central Piedmont of North Carolina. The species is known to occur in tributaries and mainstreams of the Deep River, Haw River, Rocky River and Cape Fear River in Chatham, Harnett, Lee, Moore and Randolph Counties. The USFWS identifies the Critical Habitat Designation for the Cape Fear Shiner as being ±4.1 miles of the Rocky River from NC Hwy 902 bridge downstream to Chatham County Road 1010 Bridge, and ±0.5 river miles of Bear Creek, from Chatham County Road 2156 Bridge downstream to the Rocky River, then downstream in the Rocky River ( ±4.2 river miles) to the Deep River, the downstream in the Deep River ( ±2.6 river miles) to a point 0.3 river miles below the Moncure, NC, USGS Geological Survey Gauging Station. Constituent elements include clean streams with gravel, cobble and boulder substrates with pools, riffles, shallow runs and slack water areas with large outcrops and side channels and pools with water of good quality with relatively low silt loads (USFWS, Federal Register reference 9/25/87, Federal Register, 2: 36034- 36039). The USFWS designated critical area is located approximately 1.0 miles downstream from the Project, and Shaddox Creek flows directly into the Haw River just north of the confluence with Deep River. However, the pedestrian survey did not identify any potentially suitable habitat for the Cape Fear Shiner within the Shaddox Creek. As a result of the beaver activity, there are numerous sections of Shaddox Creek which are impounded, resulting in a substrate of silt and sand. Furthermore, there is no gravel, cobble or boulders within the onsite portions of Shaddox Creek. Any development of the Project will require approval of a Sediment and Erosion Control plan. As part of the Sediment & Erosion Control Plan, silt fencing will be installed around all disturbed areas associated with the development of the Project, which will prevent sediment from escaping and impacting the known downstream Cape Fear Shiner habitat with the Haw River, Deep River and Cape Fear River. Page 3 of 4 WITHERS Cl: RAVENEL ENGINEERS I PLANNERS 15URVEYORS ±1000 acre Moncure Certified Site — T &E Survey Report Based on a lack of onsite habitat and anticipated sediment and erosion control measures installed prior to development of the Project, W &R concludes that the proposed Project will have No Effect on the Cape Fear shiner. Biological Conclusion — No Effect Please note that if impacts are proposed to Shaddox Creek (i.e. road crossing, sewer crossing, etc.), additional consultation with the US Fish and Wildlife Service may be required. Harperella USFWS Optimal Survey Window: July — October (only in periods of low water) Harperella is a perennial herb that grows to a height of 6 -36 inches with leaves that are hollow, quill -like structures. Harperella flowers from May until the first frost, and the small white flowers occur in heads, reminiscent of a small Queen Anne's lace flower head. Harperella is typically found on rocky or gravel shoals and sandbars and along the margins of clear, swift- flowing stream sections. The only known population in Chatham County is a recently re- introduced population in the Deep River after the original population known from that area disappeared. While the subject property contains two perennial streams, including Shaddox Creek, the onsite streams are not clear, swift moving streams and were not considered suitable habitat for Harperella. A review of the NCNHP GIS data did not identify any known occurrences of Harperella within 2.0 miles of the Project. Based on the absence of suitable onsite habitat and lack of nearby records, W &R concludes that the development of the Project will have No Effect on Harperella. Biological Conclusion — No Effect CONCLUSION None of the federally listed threatened and/or endangered species known to occur in Chatham County were observed within the Project and potential habitat where these species are likely to occur is not present. Therefore, W &R concludes that the development of the Project will have No Effect on federally listed species. Please feel free to contact me if you have any questions regarding the contents of this report. Sincerely, Troy Beasley Environmental Project Manager WITHERS &-RAVENEL, INC. 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