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HomeMy WebLinkAbout20231089 Ver 1_HB-0007 NRTR_20230801NATURAL RESOURCES TECHNICAL REPORT Replace Bridges 299 & 300 over Saddletree Swamp on SR 1529 (Mount Olive Church Road) Robeson County, North Carolina WBS Element No. HB-0007 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Division of Highways Division 6 July 2022 Natural Resources Technical Report WBS HB-0007, Robeson County, N.C. 1.0 INTRODUCTION The North Carolina Department of Transportation (NCDOT) proposes to replace Bridges Number 299 & 300 over Saddletree Swamp on SR 1529 (Mount Olive Church Road) in Robeson County (Figure 1). The following Natural Resources Technical Report (NRTR) has been prepared to assist in the preparation of the appropriate environmental documentation. 2.0 METHODOLOGY All work was conducted in accordance with the NCDOT Environmental Coordination and Permitting's (ECAP) standard operating procedures, and the following document references the latest NCDOT NRTR Template (September 2021). Field work was conducted on April 4, 2022, and June 23, 2022. The principal personnel contributing to the field work and document is provided in the appendix. 3.0 TERRESTRIAL COMMUNITIES Two terrestrial communities were identified in the study area. Figure 2 shows the location and extent of these terrestrial communities. Terrestrial community data are presented in the context of total coverage of each type within the study area (Table 1). Table 1. Coverage of terrestrial communities in the study area Community Dominant Species (scientific name) Coverage ac. Laurel Oak (Quercus laurifolia) Bottomland Hardwoods Green Ash (Fraxinus pennsylvanica) 2.76 Lizard's Tail Saururus cernuus Plantain (Plantago major) Maintained -Disturbed Corn Salad (Valerianella locusta) 1.54 Fescue Festuca sp.) Total 4.30 4.0 PROTECTED SPECIES 4.1 Endangered Species Act Protected Species The United States Fish and Wildlife Service (USFWS) lists four federally protected species under the Endangered Species Act (ESA) for Robeson County within the study area of this project according to the USFWS Information for Planning and Consultation (IPAC) checked on April 22, 2022 (Table 2). For each species, a discussion of the presence or absence of habitat is included below along with the Biological Conclusion rendered based on survey results in the study area. July 2022 Natural Resources Technical Report WBS HB-0007, Robeson County, N.C. Table 2. ESA federally protected species within the Study Areal Scientific Name Common Name Federal Status Habitat Present Biological Conclusion Alligator mississippiensis American alligator T(S/A) Y NE Mycteria americana Wood stork T Y MANLTAA Picoides borealis Red -cockaded woodpecker E N NE Rhus michauxii Michaux's sumac E Y NE ' IPaC data checked on April 22, 2022 T - Threatened T(S/A) - Threatened due to similarity of appearance NE - No Effect MANLTAA — May Affect, Not Likely to Adversely Affect American alligator USFWS optimal survey window: year-round Biological Conclusion: No Effect Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. Suitable habitat for the American alligator is present within the study area, but no individuals were observed. Additionally, a review of NHP records updated in April 2022 indicates no known occurrences within 1.0 mile of the study area. Wood stork USFWS optimal survey window: April 15 — July 15 Biological Conclusion: No Effect Suitable nesting habitat for the wood stork in the form of tall trees is present in the study area. However, there are no cypress trees present. There is foraging habitat present within the project study area. However, no individuals were found during a survey conducted on June 23, 2022. Additionally, a review of NHP records updated in April 2022 indicates no known occurrences within 1.0 mile of the study area. Red -cockaded woodpecker USFWS optimal survey window: year-round; November -early March (optimal) Biological Conclusion: No Effect Suitable foraging or nesting habitat for the red -cockaded woodpecker (RC W) in the form of 30-60 year old loblolly or longleaf pines is not present in the study area. Additionally, a review of NHP records updated in April 2022 indicates no known occurrences within 1.0 mile of the study area. 2 July 2022 Natural Resources Technical Report WBS HB-0007, Robeson County, N.C. Michaux's sumac USFWS optimal survey window: May -October Biological Conclusion: No Effect Marginal habitat in the form of maintained areas is present for Michaux's sumac. However, no individuals were found during a survey conducted on June 23, 2022. Additionally, a review of NHP records updated in April 2022 indicates no known occurrences within 1.0 mile of the study area. Northern long-eared bat The USFWS has developed a programmatic biological opinion (PBO) in conjunction with the Federal Highway Administration (FHWA), U.S. Army Corps of Engineers (USACE), and NCDOT for the NLEB (Myotis septentrionalis) in eastern North Carolina. The PBO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects and activities. The programmatic determination for NLEB for the NCDOT program is May Affect, Likely to Adversely Affect. The PBO provides incidental take coverage for NLEB and will ensure compliance with Section 7 of the Endangered Species Act for all NCDOT projects in Divisions 1-8, which includes Robeson County, where this project is located. This level of incidental take is authorized from the effective date of a final listing determination through December 31, 2030. 4.2 Bald and Golden Eagle Protection Act The Bald and Golden Eagle Protection Act is enforced by the USFWS. Golden eagles do not nest in North Carolina. Habitat for the bald eagle primarily consists of mature forests in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. A desktop-GIS assessment of the project study area, as well as the area within a 1.0-mile radius of the project limits, was performed on April 22, 2022, using 2022 color aerials. No water bodies large enough or sufficiently open to be considered potential feeding sources were identified. Since there was no foraging habitat within the review area, a survey of the project study area and the area within 660 feet of the project limits was not conducted. Additionally, a review of the NHP database on April 22, 2022, revealed no known occurrences of this species within 1.0 mile of the project study area. Due to the lack of habitat, known occurrences, and minimal impact anticipated for this project, it has been determined that this project will not affect this species. 3 July 2022 Natural Resources Technical Report WBS HB-0007, Robeson County, N.C. 5.0 WATER RESOURCES Water resources in the study area are part of the Lumber River basin, U.S. Geological Survey (USGS) Hydrologic Unit 03040203. One stream was identified in the study area (Table 4). The location of the stream is shown in Figure 3. Table 4. Streams in the study area NCDWR Bank Bankfull Stream Name Map ID Index Best Usage Height width Depth Number Classification (ft) (ft (in) Saddletree Swam p Saddletree 14-12 C;Sw 1.5 43 6 Swam There are no Outstanding Resource Water (ORW), High Quality Waters (HQW), or water supply watersheds (WS-I or WS-II) or designated anadromous fish waters within 1.0 mile downstream of the project study area. There are no streams within 1.0 mile downstream of the study area that are listed on the North Carolina 2022 Final 303(d) list of impaired waters. One surface water was identified in the study area (Table 5). The location of this surface water is shown in Figure 3. Table 5. Surface waters in the study area Surface Water Map ID Area ac in Study Area Tributary TA Tributary TA 0.04 6.0 REGULATORY CONSIDERATIONS 6.1 Clean Water Act Waters of the U.S. One stream was identified in the study area (Table 5). The location of this stream is shown on Figure 3. All streams in the study area have been designated as warm water streams for the purposes of stream mitigation. Table 5. Status of streams in the study area Length Compensatory River Basin Map ID Classification ft. Miti ation Required Buffer Saddletree 348 C;Sw Yes N/A Swam Total 348 4 July 2022 Natural Resources Technical Report WBS HB-0007, Robeson County, N.C. Six wetlands were identified within the study area (Table 6). The location of these wetlands is shown on Figure 3. All wetlands in the study area are located within the Lumber River basin (USGS Hydrologic Unit 03040203). USACE wetland determination forms for each site are included in a separate Jurisdictional Determination Package. Table 6. Characteristics of wetlands in the study area Map ID NCWAM Classification Forested Hydrologic Classification 404/401 or 401 Area (ac.) in Study Area WA BLHW Yes Riparian 404/401 0.42 WB BLHW Yes Riparian 404/401 0.29 WC BLHW Yes Riparian 404/401 0.36 WD BLHW Yes Riparian 404/401 0.56 WE BLHW Yes Riparian 404/401 0.28 WF BLHW Yes Riparian 404/401 0.44 BLHW — Bottomland Hardwood Forest Total 2.35 6.2 Construction Moratoria No waters within the study area have been identified by the North Carolina Wildlife Resources Commission (NCWRC) as either trout waters or anadromous fish habitat. Therefore, no moratoria are anticipated. 6.3 N.C. River Basin Buffer Rules The study area is not within a Riparian Buffer Protection Basin as administered by NCDEQ. 6.4 Rivers and Harbors Act Section 10 Navigable Waters There are no surface waters designated as Navigable Waters under Section 10 of the Rivers and Harbors Act. 5 July 2022 Natural Resources Technical Report WBS HB-0007, Robeson County, N.C. 7.0 REFERENCES Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, U. S. Army Engineer Waterways Experiment Station. Vicksburg, Mississippi. North Carolina Department of Environmental Quality (NCDEQ) - Division of Water Resources. 2022. Final 2022 North Carolina 303(d) List. https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2361776&c r=1. North Carolina Natural Heritage Program (NCNHP). 2021. Natural Heritage Data Explorer April 2022 Quarterly Dataset. NCDNCR, Raleigh, NC. hllps : //ncnhde.natures erve. org/. Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina: Fourth Approximation. North Carolina Natural Heritage Program, North Carolina Department of Environmental Quality (NCDEQ). Raleigh, North Carolina. 208 pp - United States Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region Version 2.0, ed. J. S. Wakeley, R. W. Lichvar, C. V. Noble. ERDC/EL TR- 10-20. Vicksburg, MS: U.S. Army Engineer Research and Development Center. United States Department of Agriculture, Natural Resources Conservation Service. 1978. Soil Survey of Robeson County, North Carolina. Unites States Department of Agriculture, Natural Resources Conservation Service. 2018. Field Indicators of Hydric Soils in the United States, Version 8.2. L.M. Vasilas, G.W. Hurt, and J.F. Berkowitz (eds.). USDA, NRCS, in cooperation with the National Technical Committee for Hydric Soils. United States Fish and Wildlife Service. American Alligator (Alligator mississippiensis) Fact Sheet. Available athlt2s://www.fws.gov/species/american-alligator-alligator- mississippiensis. United States Fish and Wildlife Service. Information for Planning and Consultation (1PaC) website. https://ecos.fws.gov/ipac/. United States Fish and Wildlife Service. Michaux's Sumac in North Carolina. Available at: https://www.fws.gov/species/michauxs-sumac-rhus-michauxii. United States Fish and Wildlife Service. Northern long-eared bat (*otis septentrionalis). https://www.fws.gov/species/northern-long-eared-bat-m. ot�ptentrrionalis. 6 July 2022 Natural Resources Technical Report WBS HB-0007, Robeson County, N.C. United States Fish and Wildlife Service. 2020. Optimal Survey Windows and number of years a survey is valid for North Carolina's Federally Threatened, Endangered, and At -Risk plant species. hM2s://www.fws. ovg /story/2022-03/north-carolinas- federally-threatened-endangered-and-ri sk-plant-speci es. United States Fish and Wildlife Service. Red -cockaded Woodpecker (Picoides borealis) species profile. Available at: hllps://www.fws.gov/species/red-cockaded- woodpecker-picoides-borealis. United States Fish and Wildlife Service. Wood Stork in North Carolina. Available at: hgps://www.fws.gov/species/wood-stork-mycteria-americana. United States Geological Survey. 1972. North Carolina, Northwest Lumberton, Topographic Quadrangle (7.5-minute series). 7 July 2022 Qualifications of Contributors Investigator: Gregory W. Price, PWS Education: B.A. Biology, Appalachian State University, 1985 M.S. Biology, Appalachian State University, 1989 Experience: Environmental Program Supervisor, NCDOT Division 6, April 2019-Present Environmental Specialist, NCDOT Division 6, March 2018-March 2019 Senior Scientist, Carolina Ecosystems, Inc., June 2016-March 2018 Natural Resources Specialist, Froehling & Robertson, Inc., July 2015-June 2016 Environmental Program Consultant, NCDOT Natural Environment Unit, May 2006-July 2015 Senior Biologist, Buck Engineering, December 2000-May 2006 Water Quality Specialist, City of Durham, July 1997-December 2000 Environmental Biologist, NC Division of Water Quality, October 1991-June 1997 Environmental Technician III, NC Division of Environmental Management, May 1990-September 1991 Responsibilities: Wetland and stream assessment, T&E assessment, document review Investigator: Christopher S. Underwood Education: BS, Wildlife and Fisheries Science, University of Tennessee, Knoxville, 1989 Experience: Environmental Specialist II, NCDOT Division 6, June 2021-Present Environmental Senior Scientist, NCDOT, June 2005- June 2021 Environmental Biologist, NCDOT, May 2003-June 2005 Fisheries Biologist, Tennessee Valley Authority, May 1991-May 2003 Responsibilities: Wetland and stream assessment, T&E assessment, document preparation and review Figures W Project Study Area -. -dip 211 s? •+� ,301 42 pyright:© 2013 Nati Project Study Area N Figure 1. Vicinity Map ��� taORTy cg90 WBS No. HB-0007 `9 Replace Bridges 299 & 300 on SR 1529 over Saddletree Swamp W , E Robeson County m o S, 0 0.5 1 2 Miles �'OF TRANSeOQ rAt r r' , R J i • NC On M p, NBC Cntr f r Board Qualifications of Contributors Investigator: Gregory W. Price, PWS Education: B.A. Biology, Appalachian State University, 1985 M.S. Biology, Appalachian State University, 1989 Experience: Environmental Program Supervisor, NCDOT Division 6, April 2019- Present Environmental Specialist, NCDOT Division 6, March 2018-March 2019 Senior Scientist, Carolina Ecosystems, Inc., June 2016-March 2018 Natural Resources Specialist, Froehling & Robertson, Inc., July 2015-June 2016 Environmental Program Consultant, NCDOT Natural Environment Unit, May 2006-July 2015 Senior Biologist, Buck Engineering, December 2000-May 2006 Water Quality Specialist, City of Durham, July 1997-December 2000 Environmental Biologist, NC Division of Water Quality, October 1991- June 1997 Environmental Technician III, NC Division of Environmental Management, May 1990-September 1991 Responsibilities: Wetland and stream assessment, T&E assessment, document review Investigator: Christopher S. Underwood Education: BS, Wildlife and Fisheries Science, University of Tennessee, Knoxville, 1989 Experience: Environmental Specialist II, NCDOT Division 6, June 2021-Present Environmental Senior Scientist, NCDOT, June 2005- June 2021 Environmental Biologist, NCDOT, May 2003-June 2005 Fisheries Biologist, Tennessee Valley Authority, May 1991-May 2003 Responsibilities: Wetland and stream assessment, T&E assessment, document preparation and review