20150041 Ver 1_Attach F T&E Final Sanford (08.08.14)_20150224

Colon Mine
Approximately 408 Acres
Lee County, NC
Threatened and Endangered Species Review and Habitat Assessment
Prepared For
Charah hic.
12601 Plantside Drive
Louisville, KY 40299
Prepared By
C1earWater Environmental Consultants, Inc.
224 South Grove Street, Suite F
Hendersonville, NC 28792
August 8, 2014

Table of Contents
1.0 INTRODUCTION ................. ...............................
2.0 METHODOLOGY ................ ...............................
3.0 HABITAT CLASSIFICATION ............................
3.1 Ruderal Corridors ............... ...............................
3.2 Early Successional Field ..... ...............................
3.3 Stream Bank and Riparian .. ...............................
3.4 Mixed Pine/Hardwood Forest ............................
3.5 Oak Hickory Forest ............ ...............................
3.6 Loblolly Pine Forest ........... ...............................
3.7 Wetland ............................... ...............................
3.8 Soils .................................... ...............................
4.0 PROTECTED SPECIES ........ ...............................
4.1 Red - cockaded woodpecker . ...............................
4.2 Cape Fear shiner ................. ...............................
4.3 Harperella ........................... ...............................
4.4 Northern long -eared bat ...... ...............................
5.0 CONCLUSION AND RECOMMENDATIONS.
6.0 REFERENCES ...................... ...............................
1
1
..... ............................... 2
2
..................... ...............................
..................... ...............................
2
..................... ...............................
2
..................... ...............................
3
..................... ...............................
3
..................... ...............................
3
..................... ...............................
3
..................... ...............................
4
n
List of Tables
Table 1: US Fish and Wildlife Service List of Potential Threatened or Endangered
Species in Lee 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
ClearWater Environmental Consultants, Inc. Page ii
Project #765 Colon 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 408 acre project
known as the Colon Mine. The project is located off Colon Road in Sanford, Lee 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 was directed by and complies
with 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 July 21 -24 and July
30 -31 2014 on the 408 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 July 14, 2014
provided existing data concerning the presence or potential occurrence of threatened or
endangered species in Lee County, North Carolina (Appendix A). The FWS lists the
following four federally threatened and endangered species as occurring or potentially
occurring in Lee County, N.C. The species listed below were included in the surveys and
assessment.
I W- A --- It., t6.....tonod and nndannnrwi enariwa liatad vs nernrrinn or ontenti9nv occurring.
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 tentrtonalis
Proposed
A database search from the NC Natural Heritage Program (NHP) dated July 14, 2014
provided existing data concerning the presence or potential occurrences of federal listed
species in Lee County, North Carolina within five miles of the site (Appendix A).
The NHP indicates a documented occurrence of the Cape Fear shiner approximately 3.3
miles from the project in the lower Deep River subbasin.
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
four species potentially occurring on the site. Potential flora were identified to the
ClearWater Environmental Consultants, Inc. Page I
Project #765 Colon Mine

taxonomic unit level necessary to determine if the observed specimen was a protected
species.
3.0 HABITAT CLASSIFICATION
During our site visits on July 21 -24 and July 30 -31, Clement Riddle, Kevin Mitchell, and
Rebekah Newton with CEC identified seven habitats: ruderal corridors, early successional
field, stream bank and riparian, mixed pine/hardwood forest, oak hickory forest, loblolly
pine forest, and wetland.
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.), wax myrtle (Morelia cerifera),
lespedeza (Lespedeza sp.), blackberry (Rubus sp), dog fennel (Eupatorium
capillifolium), goldenrod (Solidago), and switchgrass (Panicum virgatum). Other
species observed include southern red oak (Quercus falcata), blackjack oak
(Quercus marilandica), persimmon (Diospyros virginiana), and poison ivy
(Toxicodendron radicans).
3.2 Early Successional Field
This habitat includes old abandoned fields dominated by baccharis, lespedeza,
blackberry, and goldenrod. Other early successional saplings and shrubs include
loblolly pine (Pines taeda), sweetgum (Liquidambar styracii lua), and winged sumac
(Rhus copallinum).
3.3 Stream Bank and Riparian
These freshwater habitats include the streambeds and banks and immediate riparian
areas of Roberts Creek and unnamed tributaries to Roberts Creek. Nearly all of
Roberts Creek has been affected (ditched, rerouted, impounded, etc.) by historic
mining operations. 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 (Acer rubrum), sweetgum,
water oak (Quercus nigra), willow oak (Qercus phellos), black gum (Nyssa
sylvatica) and loblolly pine. Tag alder (Alnus serrulata), black willow (Salix nigra),
and sourwood (Oxydendron arboretum) dominate the understory. Herbaceous
species include bracken fern (Pteridium aquilinum), sensitive fern (Onoclea
sensibilis), netted chain fern (Woodwardia areolata), cinnamon fern (Osmundastrum
cinnamomeum), possum haw (Vibernum nudum), Virginia creeper (Parthenocissus
quinquefolia), and poison ivy. Less dominant species include tulip poplar
(Liridodendron tulipifera), American holly (Ilex opaca), northern red oak (Quercus
Clearwater Environmental Consultants, Inc. Page 2
Project #765 Colon Mine

rubra), royal fern (Osmunda regalis), running cedar (Lycopodium), and sassafras
(Sassafras albidum).
3.4 Mixed Pine/Hardwood Forest
The mixed pine/hardwood is dominated by 15 -20 year old loblolly pine, sweetgum,
sourwood, and black cherry (Prunus serotina). The dense understory is comprised
of saplings and blackberry.
3.5 Oak Hickory Forest
This habitat consists of predominately oak species and hickory. Species include
white oak (Quercus alba), southern red oak, northern red oak, mockernut hickory
(Carya tomentosa), tulip poplar, sweetgum, sourwood, red maple, and a few
scattered loblolly pines. The understory consists of sassafras, blueberry (Vaccinium
sp.), dogwood (Corpus florida), winterberry (Ilex verticillata), grapevine (Vitis sp.),
and (Hexastylis spp.).
3.6 Loblolly Pine Forest
This community is dominated by 10 -25 year old Loblolly pine stands. The
understory is dense and other species observed include tulip poplar, sweetgum,
sourwood, red maple, and water oak. The herbaceous layer consists of Japanese
honeysuckle (Lonicera japonica), greenbrier (Smilax rotundifolia), bracken fem,
blackberry, and poison ivy.
3.7 Wetland
Wetlands on the northern end of the project are seepage and stream -flow driven
systems adjacent to or at the head of perennial and intermittent streams.
Dominant overstory species include black willow, red maple, sweetgum, black
gum, willow oak, loblolly pine and water oak. In addition to saplings of the
above trees, species observed in the shrub layer include elderberry, tag alder, and
possumhaw. The herbaceous layer consists of cinnamon fern, sensitive fern, royal
fern, sedges, and rushes.
Beaver activity and mining operations have also influenced wetland development
along Roberts Creek on the southern end of the project. These open marsh
wetland habitats are dominated by herbaceous plants and shrubs. Dominant
species include black willow, tag alder, woolgrass (Scirpus cyperinus), lizard's
tail (Saururus cernuus), cattail (Typha latifolia), and tearthumb (Polygonum
sagittatum). Other species observed include elderberry (Sambucus canadensis),
pickerelweed (Pontederia cordata), black gum, wax myrtle, button bush
(Cephalathus occidentalis), red maple, and sweetgum.
ClearWater Environmental Consultants, Inc. Page 3
Project 4765 Colon Mine

3.8 Soils
Soils mapped by the Natural Resources Conservation Service (NRCS) Lee County
Soil Survey for the site include: Chewacla silt loam (Ch) 0 -2 percent slopes,
Creedmoor fine sandy loam (CrB) 2 -8 percent slopes, Myodon fine sandy loam
(MfB, MfD, MfE) 2 -25 percent slopes, and Pinkston silt loam (PiD) 8 -15 percent
slopes, Udorthents loamy, and Water (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. ,
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. Pine stands are too dense and 15 -35 years old. It is
the opinion of CEC that the proposed project is not likely to adversely affect the
red - cockaded woodpecker.
ClearWater Environmental Consultants, Inc. Page 4
Project #765 Colon Mine

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 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 dominated by silt and sand substrate. 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.
Clearwater Environmental Consultants, Inc. Page 5
Project 4765 Colon Mine

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 151'.
Final dates of the tree cutting moratorium will not be known until the FWS makes
a final listing decision.
5.0 CONCLUSION AND RECOMMENDATIONS
During completion of threatened and endangered species habitat assessments for the Colon
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 Colon 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.
ClearWater Environmental Consultants, Inc. Page 6
Project #765 Colon Mine

6.0 REFERENCES
NCNHP (North Carolina Natural Heritage Program Database). 2014.
http://i)ortal.nedenr.org/web/nbP­/database-search; accessed July 2014.
NRCS (Natural Resources Conservation Service). 2010. Web Soil Survey for Lee
County. httn:/ /websoilsurvey.se.egov.usda.gov; Accessed July 2014.
USFWS (United States Fish and Wildlife Service Database). 2014.
http / /www.fws.gov /Raleigh/ species /cntylist/nc_counties.html. accessed July
2014.
ClearWater Environmental Consultants, Inc. Page 7
Project #765 Colon Mine

i 15'
CU_NINOCK
0
Colon Mine ( +/ -408 AC)
0
0
01>@
1�0
a
h7cNe {tl Rd
1405
ti
Sanford Lee
i.'oRgnl
lAirport
T
m
Wfc�er s I ,
t 1237 Sanford
501; .1% $` sroadway Rd
a �
0
TF AMWAY m 78
Tramway Rd
0•
Legend
DelineationBoundary
Drawn by: RKM 8.4.14
Lee County,
North Carolina
0 1
CLearWater
224 South Grove Street, Suite P
ndersonville, North Carolina 28792
�e
w�
P�
4
�k
BR OAD WAY
0
N
4
2n Miles
Site Vicinity
Figure 1

0
Colon Mine ( +/ -408 AC)
sm
130
Delineation Boundary
�._- --
�V, ' �/ ` , •-� ems
t -•= -�
AI
' ��'+'. �. ;�i '.tea ,-�.' ¢: -- ,� -�_�o• �"�. %• % � `{
Legend�� \
0
rt V ."' 0 750 1,500 3,000
I Delineation Boundary t. / - 1. Feet
Lee County, CLearWater USGS Topographic Map
Colon Quad
North Carolina
224 South Grove Street, Suite F Figure 2
Hendersonville, North Carolina 28792

Colon Mine ( +/ -408 AC)
Legend
�_ - -_ Delineation Boundary
Soils
Ch - Chewacla
CrB - Creedmoor
MfB; MfD; WE - Mayodan
PfD- Pinkslon
Ud - Udorthents
W- Water
Lee County,
North Carolina
CLearWater
224 South Grove Street, Suite F
ndersonville, North Carolina 28792
0 750 1,500 3,000
FE
USDA Soils
Figure 3

Colon Mine ( +/ -408 AC)

Appendix A
Database Information July 14, 2014
US Fish and Wildlife Service
FA
North Carolina Natural Heritage Program

7/14/2014
Lee County Fsdargered 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,
Lee County, North Carolina
Updated: 1 -22 -2014
Critical Habitat Designations:
Cape Fear shiner - Notropis mekistocholas - 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
rums 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
Vertebrate:
American eel
Cape Fear shiner
Carolina redhorse
Northern long -eared bat
Red - cockaded woodpecker
Invertebrate:
Septima's clubtail
Scientific name
Federal
Record Status
Status
Anguilla rostrata
FSC
Current
Notropis nrekistocholas
E
Current
Moxostoma sp. 2
FSC
Current
Myotis septentrionalis
P
Current
Picoides borealis
E
Historic
Gomphus septima
FSC
Current
Mp:/Mw A. .g oWraleig Nspecies /cnty1Wee.htnJ W

7/14/2014
Vascular Plant:
Lee County Endangered Species, Threatened Species,Federal Species of Concern, and candidate Species
Bog spicebush
Buttercup phacelia
Carolina grass- of- pamassus
Georgia lead -plant
Harperella
Sandhills bog lily
Nonvascular Plant:
Lichen:
Lindera subcoriacea
FSC
Current
Phacelia covillei
FSC
Current
Parnassia caroliniana
FSC
Historic
Amorpha georgiana var.
FSC
Current
georgiana
Ptilimnium nodosum
E
Historic
Lilium pyrophih/m
FSC
Current
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 finture 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 "C1" 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 firiure, 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 protectiorL 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 TO 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 Ibreatened and Endangered wildlife. Tbis 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 prolubits 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
disturbing bald eagles. For mor information, visit bitpJ/www.fws.goy/migratoiy—birds/baldeagJe. htm
Threatened due to similarity of appearance(ES /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
htp: /ts .h%.gcVraleig Nspecies /cntAist4m.htrrd 213

7/142014 Lee Comity Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
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
http:/hwH A. .g o4raleig 1Vspecies /cntyiist/Iee.htnJ 3/3

5MJleEO, 7/14/2014, Page 1.1
SCI NAME
COM_NAME
SURVEYDATE
Gomphus septima
Septima's Clubtail
2013 -04 -15
Gomphus septima
Septima's Clubtail
2002 -04 -27
Phacelia covillei
Buttercup Phacelia
1984
Phacelia covillei
Buttercup Phacelia
1985
Phacelia covillei
Buttercup Phacelia
2004 -05 -09
Notrapis mekistocholas
Cape Fear Shiner
2012 -04 -12

5MIIeEO, 7/14/2014, Page 1.2
LAST_OBS
FIRST_OBS
EO_STATUS
NC _STATUS
USA _STATUS
S_RANK
G_RANK
TYPE
2013 -04 -15
1965
Current
SR
FSC
S2
G2
Aquatic
2002 -04 -27
1987 -05 -03
Current
SR
FSC
S2
G2
Aquatic
1984
1951 -04
Current
SR -T
FSC
S3.
G3
Upland
1985
1951 -04
Current
SR -T
FSC
S3
G3
Upland
2004 -05 -09
2004 -05 -09
Current
SR -T
FSC
S3
G3
Upland
2012 -04 -12
1971 -06 -09
Current
E
E
S1
G1
Aquatic