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HomeMy WebLinkAbout20080939 Ver 1_Reports_20020215 1 NATURAL SYSTEMS REPORT for ADMINISTRATIVE ACTION ENVIRONMENTAL DOCUMENT Proposed Bridge Replacement Bridge No. 202 over First Broad River Rutherford County State Project Number 8.2891301 TIP Project Number B-4265 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION and NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Prepared by Rummel, Klepper & Kahl, LLP Consulting Engineers December 2001 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS 1.0 INTRODUCTION 1 1.1. Project Description 1 1.2. Methodology 1 1.2.1 Resources 1 1.2.2 Investigations 3 1.2.3 Area Description 4 2.0 PHYSICAL CHARACTERISTICS 5 2.1 Physiography 5 2.2 Soils 5 2.2.1 Soil Series 5 2.2.2 Forest Productivity 6 2.3 Water Resources 9 2.3.1 Water Resource Characteristics 9 2.3.2 Point and Non-point Source Dischargers 12 2.3.3 Summary of Anticipated Impacts 12 3.0 BIOTIC RESOURCES 13 3.1 Terrestrial Communities 13 3.2 Anticipated Impacts to Terrestrial Communities and Ecological Relationships 16 3.3 Aquatic Communities 16 3.4 Temporary and Permanent Impacts to Aquatic Communities and Ecological Relationships 17 4.0 PERMIT ISSUES 18 4.1 Description of Permits Required 18 4.2 Wetland Avoidance 20 4.3 Minimization of Wetland Impacts 20 4.4 Mitigation of Wetland Impacts 21 4.5 Identification of Potential Wetland Mitigation Sites 21 4.6 Bridge Demolition into Waters of the U.S. 22 1 1 1 1 1 1 1 1 1 1 1 1 1 4.7 Buffer Rules 22 5.0 PROTECTED SPECIES ISSUES 23 5.1 Federal Listed Species 23 5.1.1 Federally-Protected Species 23 5.1.2 Federal Species of Concern 26 5.2 State Listed Species 31 6.0 REFERENCES 33 LIST OF TABLES Table 1.0 Soil Descriptions 6 Table 1.1 Forest Productivity 8 Table 1.2 Stream Channel Classification 10 Table 1.3 Bioclassification of Benthic Macroinvertebrates 11 Table 1.4 Land Use Impacts 14 Table 1.5 Federally Protected Species 24 Table 1.6 Federal Species of Concern 27 Table 1.7 State Listed Species 31 1.0 INTRODUCTION 1.1 Project Description The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 202 at SR 1733 (Jones Town Road) over the First Broad River (See Figure 1). The present Natural Systems Report is intended to provide detailed descriptions of the natural systems located within the alternative corridors. Specifically, the tasks performed for this study include: 1) an assessment of natural resource features within the project 1 study area, including descriptions of vegetation, wildlife, protected species habitat, jurisdictional surface waters and wetlands, and water quality issues; 2) mapping of specific resources, including plant communities, jurisdictional surface waters and wetlands, and potential habitat for federally protected species; 3) an evaluation of probable impacts resulting from construction; and 4) a preliminary determination of permit needs and conceptual mitigation needs. Research was conducted prior to field investigations. Published resource information pertaining to the project study area was gathered and reviewed. 1.2 Methodology Materials and research data in support of this investigation have been derived from a number of sources. 1.2.1 Resources A U.S. Geological Survey (USGS) topographic map of Dysartsville, NC was consulted to determine physiographic relief and to assess landscape characteristics. The United States Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) map was consulted before commencing field studies. Baseline information on soils was obtained from the Natural Resources Conservation Service, Rutherford County Soil and Water Conservation Office. A Rutherford County Soil Survey through the United States ' Department of Agriculture Soil Conservation Service is available at http://www.mol4.nc.nrcs.usda.gov/. A copy of an aerial photograph mosaic provided by NCDOT provided an overview of baseline features in the project study area. This photograph served as the basis for 1 t mapping plant community patterns and wetlands. Plant community patterns were identified from available mapping sources and verified in the field. Primary components of each community were examined and the species composition of each was recorded. Plant community descriptions are based on the classification system developed by Schafale and Weakley (1990). Vascular plant names follow nomenclature found in Radford et al. (1968). The most current list of federally protected species for Rutherford County was provided by the U.S. Fish and Wildlife Service (USFWS) and was reviewed prior to initiation of field studies (list date February 26, 2001). USFWS Federally Protected Species Recovery plans provided information on the distribution and ecological requirements of each species. This information was noted for mitigation purposes. Records maintained by the North Carolina Natural Heritage Program (NCNHP) (list date July 2001) were consulted for documented presence of federal-listed and state-listed species before commencing the field effort. Surface waters intersecting the project study area were visited and evaluated to ascertain physical characteristics. Water quality information for streams and tributaries within the project study area were derived from available sources provided through the NC Department of Environment and Natural Resources (DENR, internet update May 2000). Quantitative sampling was not undertaken to support existing published data. The DENR Division of Water Quality (DWQ) provides water resources information on the project study area within the Broad River Basinwide Assessment Report (list date August 22, 2001) and the Broad River Basinwide Water Quality Management Plan (July 1998). Wildlife distribution and habitat use were determined through field observations, evaluation of habitat-type distributions, and a review of supporting literature (Peterson 1980, Burt and Grossenheider 1980, Martof et al. 1980, Lee et al. 1982). Techniques used to document terrestrial fauna include visual observations, identification of bird songs and frog calls, and identification of tracks and scat. Dip nets and seines were used to document aquatic life. Consultation with the North Carolina Wildlife Resources Commission (WRC) provided information on designated proposed critical habitats for aquatic species. Locations of public parks, historic properties, natural system 2 occurrences, and hazardous material sites are layered in the Global Information System (GIS) database. Jurisdictional wetlands were identified using the three-parameter approach (hydrophytic vegetation, hydric soils, and hydrology) as outlined in the Corps of Engineers Wetland Delineation Manual (DOA 1987). Preliminary determinations of the jurisdictional status of vegetated areas were made to aid in alternative planning. Wetland values for representative areas within the project study area were evaluated using the Fourth Version of the Guidance for Rating the Values of Wetlands in North Carolina (DEHNR 1995). Correspondence was sent requesting comments or unique concerns relating to these proposed projects to these proposed projects to the following: Mr. Steve Lund, COE Ms. Maryellen Haggard, NCWRC Mr. Owen Anderson, NCWRC Ms. Susan Giles, NCNHP Mr. S.A. Moor, District Engineer, NCDOT Mr. W.D. Smart, Division Engineer, NCDOT Any response received to this correspondence is included in the Appendix. 1.2.2 Investigations The project study area was visited and visually surveyed for significant features. Jurisdictional wetlands and open waters were field delineated on August 7, 2001. The jurisdictional delineation was reviewed and approved by the U.S. Army Corps of Engineers (COE) during an on-site visit on (pending date). The fieldwork for this investigation was conducted by Rummel, Klepper and Kahl personnel, namely Kim Leight, Elizabeth Mack, Nancy Daly, Pete Stafford and Kevin Nunnery. Ms. Leight has a Master's degree in Environmental Engineering and is an Environmental Project Manager responsible for natural resource investigations including soil evaluations, wetland identification and delineation, preparation of environmental documents, and regulatory/permitting requirements. Ms. Mack, who has a Bachelor's degree in Fisheries and Wildlife Sciences, is an Environmental Specialist responsible for 3 ' the preparation of environmental documents and assistance in field surveys. Ms. Daly has a Master's degree in Biology. Ms. Daly serves as a GIS technician, a GPS surveyor, and an Environmental Scientist. Mr. Pete Stafford has a Bachelor's degree in Environmental Biology with two years of fieldwork experience in wildlife habitat ' restoration and endangered and threatened species habitat analysis. Dr. Kevin Nunnery, a Project Scientist, has a Ph.D. in wetland restoration ecology and is a licensed soil ' scientist. His responsibilities include design, coordination and execution of wetland, stream and natural resource evaluation efforts. 1.2.3 Area Description ' The project study area denotes the area bounded by the proposed construction limits and encompasses the various alternatives under consideration. The study area is ' approximately 1,500 feet (457 m) long and 350 feet (107 m) wide at its widest point along the stream channel. Impact calculations are based on the NCDOT pre-determined study area; actual impacts will be restricted to construction limits and will be less than those shown for the study corridors. Special concerns evaluated in the field include potential habitat for protected species, streams and riparian buffers, wetlands and water quality protection. The project study area lies within the Broad River drainage basin. The project vicinity, an area extending 0.5 miles (0.8 km) on all sides of the project study area, is a mixture of natural forest vegetation, agricultural fields, pine stands, ' residential sites, churches, a cemetery, First Broad River and several state roads (See Figure 2). The project region is equivalent to an area represented by a 7.5 minute USGS ' quadrangle map with the project study area occupying the central position. The project region extends north to the South Mountains Management Area in Burke County and east to the Cleveland County and west to McDowell County. Nearby facilities include schools, churches, and cemeteries. Also within the project region is the First Broad River, natural heritage occurrences, WRC gamelands, historical sites, and a water supply watershed. 1 1 i 2.0 PHYSICAL CHARACTERISTICS Soil and water resources that occur in the project area are discussed below with respect to possible environmental concerns. Soil properties and site topography significantly influence the potential for soil erosion and compaction, along with other possible construction limitations or management concerns. Water resources within the project area present important management limitations due to the need to regulate water movement and the increased potential for water quality degradation. Excessive soil disturbance resulting from construction activities can potentially alter both the flow and quality of water resources, limiting downstream uses. In addition, soil characteristics and the availability of water directly influence the composition and distribution of flora and fauna in biotic communities, thus affecting the characteristics of these resources. 2.1 Physiography Rutherford County lies within two physiographic regions of southwestern North Carolina. The northeastern portion is mostly steep mountainous terrain. However, in the region of Bridge No. 202, the southeastern portion of the county is mainly upland Piedmont landscapes. Dominant soils include mostly deep red clays. Elevation ranges from 1,100 feet (335 m) above mean sea level (MSL) in the project study area along First Broad River to 1,200 feet (366 m) above MSL at the corners of the study corridor. Tributaries of the First Broad River drain this northeastern portion of Rutherford County. 2.2 Soils The project study area crosses four soil series and four soil mapping units: 2.2.1 Soil Series Bethlehem series consists of gravelly sandy clay loam, ranging from 2 to 25 percent slopes. It is not listed as hydric soil in Rutherford County. It is well drained and found on convex summits and side slopes. Permeability is rated as moderate. The surface layer is 0 to 7 inches (0 to 18 cm) of brown gravelly sandy clay loam. Chewacla series consists of Chewacla loam, ranging from 0 to 2 percent slopes with occasional flooding. It is not listed as a hydric soil in Rutherford County. However, if Chewacla has inclusions of Wehadkee soils, then it is classified as hydric. It is a somewhat poorly drained soil found on floodplains along streams. Permeability is rated as moderate. The surface layer is 0-8 inches (0 to 20 cm) of slightly acidic brown loam. 5 1 1 1 1 1 Dogue series is not listed as a hydric soil in Rutherford County. However, if inclusions are poorly drained soils, it is classified as hydric. Dogue soils are listed as prime farmland soils. It is moderately well drained. It is found on planar to slightly concave toe slopes. Permeability is rated as moderately slow. The surface layer is 0.11 inches (0 to 18 cm) dark brown, slightly acidic loam. Pacolet series is not listed as a hydric soil in Rutherford County. It is a well-drained soil with moderate permeability found on side slopes and summits. The surface layer is 0 to 5 inches (0 to 13 cm) of dark reddish brown, slightly acidic, sandy clay loam. Toccoa series is not listed as a hydric soil in Rutherford County. It is listed as a prime farmland soil It is moderately well drained to well drained and is found on planar to slightly convex slopes. The surface layer is 0 to 12 inches (0 to 30 cm) dark, yellowish brown and slightly acidic. Its permeability is moderately rapid. Four soil mapping units are found within the project study area. Each units' description, slope, prime farmland and hydric status are included in Table 1.0. Hydric soils are defined as soils that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part. Table 1.0 Soil Descriptions Prime Hydric Type Description Slope Farmland (inclusion) Yes (if ChA Chewacla 0-2 percent slopes (Wehadkee) dr aimed) 1 to 6 percent slopes, DoB Dogue loam Yes No rarely flooded PaD2 Pacolet sandy clay loam 15 to 25 percent slopes No No ToA Toccoa sandy loam 0 to 3 percent slopes Yes No 2.2.2 Forest Productivity Forest productivity of common, merchantable trees on a soil is expressed as a site index. Table 1.1 displays site index numbers for the types of soil located in the project 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 study area. These numbers indicate the average height, in feet, that dominant and co- dominant trees of a given species attain in a specified number of years. The site index applies to fully stocked, even-aged, unmanaged stands. M M M M M M M M M M M M M i s M M M M Table 1.1 Forest Productivity Common Site Common Common Common Soil Name Trees Index Soil Name Trees Site Index Soil Name Trees Site Index Soil Name Trees Site Index ChA: DoB: PaD2: ToA: Chewacla Dogue Pacolet Toccoa Southern --- Loblolly 95 Loblolly 79 Yellow- 107 Red Oak Pine Pine poplar Red Maple --- Southern --- Shortleaf 68 Loblolly 90 Red Oak Pine Pine Blackgum --- Sweetgum --- Yellow- 90 Southern --- poplar Red Oak Loblolly Pine 95 Yellow --- Virginia 71 Sweetgum 100 Poplar Pine Yellow- 96 White Oak --- White Oak --- poplar Willow Oak 90 Sweetgum 100 Water Oak 90 Eastern --- Cottonwood Green Ash 78 Southern --- Red Oak I 2.3 Water Resources This section contains information concerning surface water resources likely to be impacted by the proposed project. Water resource assessments include the physical characteristics, best usage standards, and water quality aspects of the water resources, along with their relationship to major regional drainage systems. Probable impacts to surface water resources and means to minimize impacts are discussed. Most federal government agencies use a system of defining watersheds that is different from that used by the DWQ. Under this approach, a nationally uniform hydrologic unit system was developed in 1974 by the USGS Office of Water Data Coordination. This system divides the country into 21 regions, 222 subregions, 352 accounting units and 2,149 cataloging (hydrologic) units based on surface hydrologic features. Under the federal cataloging system, the Broad River hydrologic unit is 03050105. Each unit is defined by an 8-digit number. 1 1 1 t By contrast, DWQ has a two-tiered system in which the state is subdivided into 17 river basins, and each basin is subdivided into subbasins. The Broad River basin is subdivided by DWQ into six subbasins and the proposed project is located in the DWQ Subbasin 03-08-02 of the Broad River. The basin encompasses a 1,506 square mile (3,901 square km) watershed drained by 1,472 miles (2,369 km) of streams and rivers. The headwaters of the Broad and its major tributaries are located within the mountains and flow towards the foothills before entering the piedmont, then onto South Carolina on its way to the Atlantic Ocean. The basin includes 29 municipalities with a total population of 169,001 people, according to the 1990 census data. Agriculture is an important industry in the basin. The Broad River basin is home to 97 rare plant and animal species and five NHP Priority Areas. 2.3.1 Water Resource Characteristics Best usage classifications and stream index numbers are assigned to each stream and segment, starting with a node common to a main river in the basin and adding additional nodes to allow for all streams and segments to be uniquely identified. Stream Index Numbers (SIN) are used to keep streams and segments in downstream order. 9 Best usage classifications follow Classifications and Water Quality Standards, published by DENR (May 2000). Classifications are assigned to waters of the State of North Carolina based on the existing or contemplated best usage of various streams or segments of streams in the basin. Water resources within the study area are located in the Broad River drainage basin. There is one sampling site in the project study area on the First Broad River. First Broad River has been assigned a best usage classification by the Division of Water Quality (DWQ), formerly Division of Environmental Management (DEM), which reflects water quality conditions and potential resource usage. The classification for First Broad River [DEM Index No. 9-50-(01), 03/01/63] is classified as "WS-V Tr" from its source to Cleveland County SR 1530 (Moriah Church Road). The "Division of Water Quality's Red ' Book of Rules" defines "WS-V" as waters that are protected water supplies; the waters, following treatment required by the Division of Environmental Health, shall meet the ' Maximum Contaminant Level concentrations considered safe for drinking, culinary, or food-processing purposes. "Tr" is defined as (DWQ) designated trout waters. ct th d Ri ithi Fi t B i t th N 2 d i e proje ver w n rs roa ns n o e o. 20 ra A ditch located west of Bridge study area. The ditch is neither classified as a jurisdictional wetland or stream because it jurisdictional waters tif h d t id t COE th t t th did . y use o en ree-parame er approac mee e no No SIN has been assigned to the ditch located on the southwest side of Bridge No. 202. No water classified as High Quality Waters (HQW), Water Supplies (WS-1 or WS-II) or Outstanding Resource Waters (ORW) occur within one mile of the project study area. The First Broad River is not designated as a North Carolina Natural and Scenic River or ' a National Wild and Scenic River. 1 Table 1.2 Stream Channel Classification Average Width Average Depth in Best Perennial Channel in Feet Feet Usage /Intermittent (Meters) (Meters) Ditch N/A Perennial 4(1.2) 0.8 (0.3) First Broad River WS-V Perennial 26(7.9) 1.4 (0.4) 10 1 1 1 1 1 1 t 1 1 First Broad River at SR 1733 (Jones Town Road) averages approximately 26 ft (7.9 m) wide and is approximately 1.4 feet (0.4 m) deep. Width ranges from 20 to 35 feet (6.1 to 10.7 m) across and depth ranges from 2 to 24 inches (5.1 to 60.1 cm) deep. Its substrate is composed primarily of silt and some rocks. The ditch located to the southwest of Bridge No. 202 averages approximately 4 feet (1.2 m) wide and 0.8 foot (0.3 m) deep. Width ranges from 1 to 8 feet (0.3 to2.4 m) wide and depth ranges from 1 to 24 inches (2.5 to 61 cm) deep. The substrate consisted primarily of silt. Benthic macroi nverteb rates, especially aquatic insects, are used as indicators of environmental water quality in streams and rivers. Analysis of faunal assemblages is one way to detect water quality problems. Different kinds of stress will often produce different benthic macroi nve rteb rate communities. Increasing levels of pollution gradually eliminate the more sensitive species, leading to lower and lower species richness, or diversity. Guidelines and quality control procedures for sampling benthic macroi nverte b rates are outlined in the Standard Operating Procedures Guide compiled by the DENR Biological Assessment Group. The Basinwide Monitoring Program, managed by the DWQ, monitors ambient water quality by sampling at fixed sites for selected benthic macroinvertebrate organisms, which are sensitive to water quality conditions. Samples are evaluated on the number of taxa present of intolerant groups Fhemeroptera, Plecoptera, Trichoptera (EPT)]. A taxa richness value (EPT S) is calculated. Taxa richness values primarily reflect the effects of chemical pollution and are a poor measure of the effects of such physical pollutants as sediment. There are no benthic monitoring stations on the First Broad River in the project study area. Sampling sites are on the First Broad River upstream of the study area. Site B-2 is located on the First Broad River at SR 1726 (Valley Road), approximately 2.1 miles (3.4 km) upstream of the study area. In July 1989, site B-2 waters received a bioclassification rating of Good. S/EPT S values were 83/36, respectively. Table 1.3 Bioclassification of Benthic Macroinvertebrates in the Project Study Area Site Site # Date S/EPT S Bioclassification First Broad River and B-2 07/89 83/36 Good SR 1726 11 2.3.2 Point and Non-point Source Dischargers Point source dischargers located throughout North Carolina are permitted through the ' National Pollutant Discharge Elimination System (NPDES) program. Any discharger is required to register for a permit. No NPDES dischargers are located in or directly ' upstream from the project study area. Non-point source discharge refers to runoff that enters surface waters through stormwater, snowmelt or atmospheric deposition. Land use activities such as land 1 development, construction, mining operations, crop production, animal feeding lots, failing septic systems, landfills, roads and parking lots are contributors of non-point source pollutants. In agricultural and construction areas, sediment and nutrients are major polluters. Land clearing and plowing disturbs soils to a degree where they are susceptible to erosion, which can lead to sedimentation in streams. Sediment is the most widespread cause of non-point source pollution in North Carolina. Pesticides, chemical fertilizers, and land application of animal wastes can be transported via runoff to receiving streams and potentially elevate concentrations of toxic compounds and ' nutrients. Animal wastes can also be a source of bacterial contamination and elevate biochemical oxygen demand (BOD). Drainage ditches on poorly drained soils contributes to the influence of stormwater pollutants into surface water. 2.3.3 Summary of Anticipated Impacts Impacts to water resources in the project area are likely to result from activities associated with project construction. Anticipated impacts are clearing of streambanks, riparian canopy removal, in-stream construction, fertilizers and pesticides used in revegetation, and pavement installation. • Increased sedimentation and siltation downstream of the crossing and increased erosion in the project area • Changes in light incidence and water clarity due to increased sedimentation and vegetation removal • Alteration of water levels and flows due to interruptions and/or additions to surface and ground water flow from construction • Changes in and destabilization of water temperature due to vegetation removal • Increased nutrient loading during construction via runoff from exposed areas 1 12 • Increased concentrations of toxic compounds in roadway runoff • Increased potential for release of toxic compounds such as fuel and oil from construction equipment and other vehicles • Alteration of stream discharge due to silt loading and changes in surface and groundwater drainage patterns I In order to minimize potential impacts to water resources in the project area, NCDOT's Best Management Practices for the Protection of Surface Waters will be strictly enforced during the construction phase of the project. Limiting in-stream activities and revegetating stream banks immediately following the completion of grading can further reduce impacts. No adverse long-term impacts to water resources are expected to result from the bridge replacement project being considered. 3.0 BIOTIC RESOURCES Biotic resources include terrestrial and aquatic communities. This section describes the biotic communities encountered in the project area, as well as the relationships between fauna and flora within these communities. Descriptions of the terrestrial plant community systems are presented through descriptions by Schafale and Weakley (1990). Some differences between actual field surveys and Schafale and Weakley are noted in the plant community sections. Natural land disturbances such as fire, hurricanes, and 1 tornadoes result in uneven-aged vegetative stands or a patchy mosaic within even-aged communities. Anthropogenic disturbances such as logging, farming, selective cutting, and road construction have also contributed to the present landscape. Representative l t th bli h d d animal species that are like y o occur in ese habitats (base on pu s e range distributions) are also cited. 3.1 Terrestrial Communities Four distinct plant communities were identified within the project study area. Acreage impacts for each terrestrial community were derived from aerial photography and GIS mapping. All terrestrial community area figures are based on the mapped project study area boundaries and are approximate. These communities are described in Table 1.4 and mapped on Figure 3. 13 Table 1.4 Land Use Impacts - Acres (Hectares) Land Use Project Study Area Percentage Disturbed/Residential Land 1.1 (0.4) 20 Pine Stand 0.6 (0.2) 10 Pasture/Agricultural Land 2.2 (0.9) 40 Piedmont Bottomland 1.6 (0.6) 30 Disturbed/Residential Land This irregularly maintained community is located on along SR 1733 (Jones Town Road) on either side of the existing bridge and will be impacted. Approximately 1.1 ac (0.4 ha) (approximately 20%) of maintained roadside and urban areas in the project study area will be impacted by construction. These areas have been subjected to severe anthropogenic changes and include maintained residential yards and maintained roadsides. Vegetation within these areas is generally limited to both ornamental trees and shrubs combined with various residential grass species. Within the maintained or mowed area, planted fescue (Festuca spp.) is the primary plant species. Pine Stand Two pine stands occur along SR 1733 (Jones Town Road) within the project study area. A Virginia pine (Pinus virginiana) stand located just north of the SR 1730 (Hudson Road)/SR 1733 intersection and a loblolly pine (Pinus taeda) stand located southeast of the project study area cover approximately 0.6 ac (0.2 ha) (approximately 10%). Pasture/Agricultural Land An overgrown pasture and agricultural field lie in the project study area to the east of SR 1733 (Jones Town Road). Approximately 2.2 ac (0.9 ha) (approximately 40%) of pasture and agricultural land will be impacted by construction. Both pastures are overgrown with early successional plants like a variety of grasses, sedges (Carex spp.), asters (Aster spp.) and fennel (Foeniculum vulgare). 14 Piedmont Bottomland Hardwood Community The riparian community is composed of typical piedmont bottomland hardwood vegetation and is located on either side of the First Broad River. Approximately 1.6 ac (0.6 ha) (approximately 30%) of pasture and agricultural land will be impacted by r construction. The following tree species are dominant in the project study area: sycamore (Platanus occidentalis) and river birch (Betula nigra). Shrubs include thickets of Chinese privet (Ligustrum sinense) and swamp rose (Rosa palustris). The herbaceous layer is composed of bamboo (Phyllostachys spp.), jewelweed (Impatiens capensis) and false nettle (Boehmeria cylindrica). Many faunal species are highly adaptive and may utilize all biotic communities previously discussed. Generally, the community boundaries are abrupt, with little 1 transitional area between them. The project study area was visually surveyed for signs of terrestrial fauna. Bird species observed were the mourning dove (Zenaida macroura) and the turkey vulture (Cathartes 1 aura). Mammal signs (tracks, scat, etc.) observed include the white-tailed deer (Odocoileus virginianus), domestic dog (Canis familiaris), and woodchuck (Marmota monax). Expected wildlife species are those that are opportunistic and well adapted to the ecotone between the maintained roadsides and adjacent natural forest. Bird species expected within and around the project study area include the great horned owl (Bubo virginianus), red-tailed hawk (Buteo jamaicensis), northern cardinal (Cardinalis cardinalis), northern mockingbird (Mimus polyglottos), Carolina chickadee (Parus 1 carolinensis), field sparrow (Spizella pusilla), tufted titmouse (Parus bicolor), Carolina wren (Thryothorus ludovicianus), killdeer (Charadrius vociferus), and American crow (Corvus brachyrhynchos). Game birds species found on and in the surrounding areas are the Canadian goose (Branta canadensis), mallard (Anas platyrhynchos), wood duck (Aix sponsa), wild turkey (Meleagris gallopavo), and bobwhite (Colinus virginianus). Mammals expected include the northern short-tailed shrew (Blarina brevicauda), deer ' mouse (Peromyscus maniculatus), white-footed mouse (Peromyscus leucopus), golden mouse (Ochrotomys nuttalli), meadow vole (Microtus pennsylvanicus), woodland 1 jumping mouse (Napaeozapus insignis), evening bat (Nycticeius humeralis), eastern red 1 15 i bat (Lasiurus borealis), eastern cottontail rabbit (Sylvilagus floridanus), gray squirrel (Sciurus carolinensis), gray fox (Urocyon cinereoargenteus), red fox (Vulpes vulpes), ' muskrat (Ondatra zibethicus), beaver (Castor canadensis), mink (Mustela vison), and Virginia opossum (Didelphis virginiana). Reptiles expected in this area are eastern box turtle (Terrapene carolina), snapping turtle (Chelydra serpentina), five-lined skink (Eumeces fasciatus), fence lizard (Sceloporus undulatus), copperhead (Agkistrodon ' contortrix), ringneck snake (Diadophis punctatus), and the rat snake (Elaphe obsoleta). 3.2 Anticipated Impacts to Terrestrial Communities and Ecological Relationships Anticipated impacts to plant communities are estimated based on the acreage of each plant community present within the study corridor of 150 feet (42.7 m) on each side; ' actual impacts within construction limits will be less. Woodland impacts are related to damage of trees outside of the study corridor due to construction (skinning of tree trunks, compacting soil, exposing root system, spilling petroleum, etc.). 1 Due to the limited extent of infringement of natural communities, the proposed extension l ti t i l i l di l t f k t ill t lt i i ifi t l ons. nown erres r a an ma popu a oss or acemen o w no resu n s gn can sp However, a small loss of forested habitat will occur due to construction activities of the ' limited right-of-way. This loss will impact wildlife and their habitat, including the loss of potential nesting and foraging areas and displacement of wildlife populations. 3.3 Aquatic Communities The aquatic faunal community of First Broad River depends largely on the physical characteristics (size and water quality) of the river, as well as the adjacent terrestrial community. Variance in habitat from leaf packs to riffles and pools influence the variety of aquatic macroi nverteb rates, crustaceans, amphibians and fish adapted to live in First Broad River. RK&K staff searched the stream bank, vegetation, debris, leaf packs, under rocks and logs, and in slow-moving water. Aquatic insects found in this community are I identified to the Order and include the following: water boatman (Hemiptera), caddisfly (Trichoptera), snail (Physidae) and mayfly (Ephemeroptera). Due to the shallow water and vegetation around the First Broad River, the project study area is expected to provide a suitable breeding habitat for an array of frogs, toads, and 1 16 salamanders. The eastern newt (Notophthalmus viridescens) was spotted in the ditch. Other amphibians expected to be found in the project study area include the spotted salamander (Ambystoma maculatum), marbled salamander (Ambystoma opacum), Fowler's toad (Bufo woodhousei), upland chorus frog (Pseudacris triseriata), northern spring peeper (Hyla crucifer), northern cricket frog (Acris crepitans), red salamander (Pseudotriton ruber), green frog (Rana clamitans) and pickerel frog (Rana palustris). ' Piedmont/mountainous riverine habitats found in Rutherford County provide suitable habitat for very few aquatic and semi-aquatic reptiles, such as the northern water snake (Nerodia sipedon) and painted turtle (Chrysemys picta). 1 t 1 1 Small non-game fish in the area that inhabit the First Broad River include the following: bluehead chub (Nocomis leptocephalus), rosyside dace (Clinostomus funduloides), creek chub (Semotilus atromaculatus), spottail shiners (Notropis hudsonius), and margined madtom (Noturus exilis). Deeper portions of the First Broad River may include some larger species like white suckers (Castomus commersoni), red-breasted sunfish (Lepomis auritus), largemouth bass (Micropterus salmoides), bluegill (Lepomis macrochirus) and northern hog suckers (Hypentelium nigricans). Game fish like brook (Salvelinus fontinalis), rainbow (Onchorychus mykiss) and brown trout (Salmo trutta) may occasionally travel into the study area from the Broad River. WRC anticipates requesting a moratorium on any in-stream work and land disturbance activities within trout waters during the trout-spawning season of October 15 through April 15. The WRC stocks these trout in the Broad River at the Henderson/Rutherford County line at US 64/74 bridge (Phone conversation with WRC District 8 Biologist, Mr. Doug Besler, phone # 828-659-8684). 3.4 Temporary and Permanent Impacts to Aquatic Communities and Ecological Relationships Impacts to the aquatic community of the First Broad River may result from the replacement of Bridge No. 202 and/or improving the alignment of SR 1733 (Jones Town Road). Impacts may result from the physical disturbance of aquatic community composition by reducing species diversity and the overall quality of aquatic habitats. Physical alterations to aquatic habitats can result in the following impacts to aquatic communities. 17 1 1 1 • Inhibition of plant growth • Algal blooms resulting from increased nutrient concentrations • Loss of benthic macroi nve rteb rates through scouring resulting from an increased sediment load Due to potential trout impacts, a moratorium is anticipated to protect trout spawning. Bridge No. 202 should be replaced with another spanning structure. Stringent erosion control and best management practice measures* should be implemented to protect water quality for aquatic organisms. Some measures are outlined below: • Use of dikes, berms, silt basins, and other containment measures to control runoff during construction. Regular maintenance and inspection for these structures is recommended to insure effectiveness. • Elimination of construction staging areas in floodplains or adjacent to streams and tributaries will help reduce the potential for petroleum contamination or discharges of other hazardous materials into receiving waters. • Rapid re-seeding of disturbed sites to help alleviate sediment loading and reduce runoff. Increased runoff from new roadway surfaces can be partially mitigated by providing for grassed road shoulders and limited use of ditching. • Avoid direct discharges into streams whenever feasible. Runoff effluent should be allowed to filter through roadside vegetation in order to remove contaminants and to minimize runoff velocities. *Refer to Control of Erosion, Siltation, and Pollution (NCDOT, Specification for Roads and Structures) for more information. 4.0 PERMIT ISSUES 4.1 Description of Permits Required Impacts to jurisdictional surface waters are anticipated from the proposed project. No jurisdictional wetlands were found in the project study area. The ditch located west of Bridge No. 202, draining into the First Broad River within the project study area, is not classified as a jurisdictional stream because it did not meet the COE three-parameter approach used to identify jurisdictional waters. However, open water impacts to the First Broad River are expected, but should be minimal. As a result, construction activities will 1 18 require permits and certifications from various regulatory agencies in charge of protecting the water quality of public water resources. A Nationwide Permit (NWP) #23 [33 CFR 330.5 (a) (23)] is likely to be applicable for all impacts to Waters of the United States resulting from the proposed project. This permit authorizes activities undertaken, assisted, authorized, regulated, funded or financed in r whole, or part, by another Federal agency or department where that agency or department has determined that pursuant to the council on environmental quality regulation for implementing the procedural provisions of the National Environmental Policy Act: • that the activity, work or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have a significant effect of the human environment, and; • that the office of the Chief of Engineers has been furnished notice of the agency's or department's application for the categorical exclusion and concurs with that determination. This project will also require a 401 Water Quality Certification from the DWQ prior to the issuance of the Nationwide Permit. Section 401 of the Clean Water Actrequires that the state issue or deny water certification for any federally permitted or licensed activity that may result in a discharge to Waters of the United States. Section 401 Certification allow surface waters to be temporarily impacted for the duration of the construction or other land manipulation. The issuance of a 401 permit from the DWQ is a prerequisite to issuance of a Section 404 permit. In the event that NWP #23 will not suffice, minor impacts attributed to bridging and associated approach improvements are expected to qualify under General Bridge Permit #31 issued by the Wilmington COE District. Notification to the Wilmington COE office is required if this general permit is utilized. NWP #33 may be used if temporary structures, work and discharges, including cofferdams are necessary for this project. Bridge replacement or construction over navigable waters used for commerce or that have a maintained navigation channel may require United States Coast Guard (USCG) authorization pursuant to 33 CFR 114-115. 19 1 1 1 1 A North Carolina Division of Water Quality (DWQ) Section 401 Water Quality General Certification is required prior to the issuance of the Section 404 Individual Permit. Since the proposed project is located in a designated "Trout" county, the authorization of a nationwide permit by COE is conditioned upon the concurrence of the Wildlife Resources Commission (WRC). The COE has adopted through the Council of Environmental Quality (CEQ) a wetland mitigation policy which embraces the concept of "no net loss of wetlands" and sequencing. The purpose of this policy is to restore and maintain the chemical, biological and physical integrity of Waters of the United States, specifically wetlands. Mitigation of wetland impacts has been defined by the CEQ to include: avoiding impacts (to wetlands), minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts (40 CFR 1508.20). Each of these three aspects (avoidance, minimization and compensatory mitigation) must be considered sequentially. 4.2 Wetland Avoidance According to a 1990 Memorandum of Agreement (MOA) between the Environmental Protection Agency (EPA) and the COE, in determining "appropriate and practicable" measures to offset unavoidable impacts, such measures should be appropriate to the scope and degree of those impacts and practicable in terms of cost, existing technology and logistics in light of overall project purposes. 4.3 Minimization of Wetland Impacts Minimization includes the examination of appropriate and practicable steps to reduce the adverse impacts to Waters of the United States. Implementation of these steps will be required through project modifications and permit conditions. Minimization typically focuses on decreasing the footprint of the proposed project through the reduction to median widths, right-of-way widths, fill slopes and/or road shoulder widths. The study corridor presented was developed in part to fulfill the purpose and need for the project and to minimize wetland and stream impacts. No jurisdictional wetlands were found in the study corridor. Impacts to jurisdictional surface waters are calculated based on the linear feet of the stream that are located 20 1 1 1 1 1 within the study corridor. Open water impacts for the replacement of the existing bridge over First Broad River are approximately 350 linear feet (106.7m) and 0.13 acres (.05 ha) of stream channel. The ditch located west of Bridge No. 202, draining into the First Broad River within the project study area, is not classified as a jurisdictional stream because it did not meet the COE three-parameter approach used to identify jurisdictional waters. 4.4 Mitigation of Wetland Impacts Impacts to Waters of the United States, including wetlands, are subject to regulation by the COE and the Environmental Protection Agency (EPA), pursuant to Section 10 of the Rivers and Harbors Act, approved March 3, 1899, and Section 404 of the Water Pollution Control Act, as amended. Permits issued by the COE for placement of fill in wetlands are often conditioned with mitigation requirements, in accordance with the Section 404 (b)(1) Guidelines. The objective of this policy is to restore and maintain the physical, chemical, and biological integrity of the Waters of the United States. Compensatory mitigation is not normally considered until anticipated impacts to Waters of the United States have been avoided and minimized to the maximum extent possible. It is recognized that "no net loss of wetlands" functions and values may not be achieved in each and every permit action. Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts that remain after all appropriate and practicable minimization has been required. Compensatory actions often include restoration, creation and enhancement of Waters of the United States, specifically wetlands. Such actions should be under taken in areas adjacent to or contiguous to the discharge site. Linear feet of stream impacts do not accurately describe construction impacts to Broad River since calculations are based on the width of the study corridor. Once alternatives and right-of-way widths are established, calculations can be revised and mitigation requirements can be determined. Final permit/mitigation decisions rest with the COE. 4.5 Identification of Potential Wetland Mitigation Sites Due to the minimal impacts, mitigation is expected to be minimal. A mitigation search was completed on August 22, 2001 which utilized the Rutherford County Soil and Water 21 l hi maps, ca Conservation Office-Prior Converted Wetland search, USGS topograp 1 Geographic Information System mapping, NWI maps and Natural Heritage Program roject it d t within the ti l iti ti it Th h li h t id tif t p m ga on s e searc was m e o searc es o en y po en a es. study area. No records were found of prior converted wetlands in the area of the First Broad River and SR 1733 (Jones Town Road). No agricultural practices are currently in operation in or near the project study area. (NRCS-Rutherford Soil and Water Conservation District, conversation with Mr. Michael Jones, Soil Conservation Technician). 4.6 Bridge Demolition into Waters of the US Surface waters and wetlands fall under the broad category of "Waters of the United States," as defined in Section 33 of the Code of Federal Register (CFR) Part 328.3. Any action that proposes to dredge or place fill material into surface waters or wetlands falls under the jurisdiction of the U.S. Army of Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C. 1344). According to Section 402-2 of NCDOT's Standard Specifications for Roads and Structures, the chapter titled "Removal of Existing Structures" outlines restrictions and Best Management Practices for Bridge Demolition and Removal (BMP-BDRs). It includes guidelines for calculating maximum potential fill in the creek resulting from demolition. With the exception of structures which are all steel/timber structures, all spans over the ' creek are considered potential fill. The decks and curbs for the superstructure of Bridge No. 202 are timber on kbeams and the substructure consists of timber piles and bents. Bridge No. 202 contains no reinforced concrete structures, negating the need to include the span over First Broad River as a potential fill impact. The superstructure and substructure of Bridge No. 202 are slated for removal in a manner which will avoid dropping any bridge components into First Broad River. 4.7 Buffer Rules ' Although the Clean Water Act of 1999 authorized the N.C. Environmental Management Commission to adopt temporary rules to implement a basinwide water quality ' management plan for the Broad River basin, no buffer rules are in place at this time. 22 1 1 1 1 1 5.0 PROTECTED SPECIES ISSUES 5.1 Federal Listed Species 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 federallyprotected, be subject to review by the United States Fish and Wildlife Service (USFWS). Other species may receive additional protection under separate state laws. 5.1.1 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 Endangered Species Act of 1973, as amended. According to the February 26, 2001 list and March 22, 2001 updated internet list, the USFWS lists four federally protected species for Rutherford County. The small whorled pogonia is not listed as a federally-protected species according to the USFWS. However, NCNHP lists it as federally threatened. Therefore, its consideration was included in the following surveys and biological conclusions. Also, brief descriptions of the characteristics and habitat requirements are included. Biological conclusions of "No Effect" were found for three protected species. A review of the NCNHP database of rare species and unique habitats shows no occurrence of federally protected species within 1.0 mile (1.6 km) the project study area. Table 1.5 shows that three federally protected species are listed as endangered and two federally protected species are listed as threatened for Rutherford County (NCNHP, July 2001). 23 1 1 1 Table 1.5 Federally Protected Species for Rutherford County Common Name Scientific Name Status Biological Conclusion Indiana Bat Myotis sodalis E Unresolved Rock Gnome Lichen Gymnoderma lineare E No effect White Iris Sisyrinchium dichotomum E No effect Small Whorled Pogonia Isotria medeoloides T Unresolved Dwarf-flowered Heartleaf Hexastylis naniflora T No effect Note: E - Endangered T - Threatened Indiana Bat Myotis sodalis - Endangered The Indiana bat is 3.5 inches (8.9 cm) long with mouse-like ears, plain nose, dull grayish fur on the back and lighter cinnamon-brown fur on the belly. Its wingspan is 9.5 to 10.5 inches (24.1 to 25.7 cm). They hibernate in limestone caves and abandoned mines, usually near water. Large dense clusters hibernate from October to April in caves where temperatures average 38 to 43 degrees F (3 to 6 degrees C). In the summer, single offspring are raised under loose tree bark, primarily in a wooded streamside habitat. Foraging ranges consist of approximately 0.5 mile (0.8 km) of a creek anywhere from six to 95 feet (1.8 to 29 m) vertically. Biologists believe that they feed primarily on moths. Biological Conclusion: RK&K biologists surveyed the area on August 6, 2001 and found no caves in the project study area. However, summer habitat is present along creeks and bouldery bluffs occur in the western portion of Rutherford County. Sightings of the Indiana bat have been recorded in the northwestern portion of Rutherford County. A biological survey by a bat specialist is recommended. UNRESOLVED 1 Rock Gnome Lichen Gymnoderma lineare - Endangered The rock gnome lichen consists of a dense colony of narrow, strap-like lobes, with tips of blue-gray on the upper surface and usually shiny white below. Near the base of the lobe, 24 the color darkens to black. The rock gnome lichen is a type of reindeer moss. It fruits in July through September. It lives on rocks in areas of high humidity either at high ' elevations above 5,000 feet (1,524 m) where there is fog or on boulders and large rock outcrops in deep river gorges at lower elevations. ' Biological Conclusion: RK&K biologists surveyed the area on August 6, 2001 and found no rock gnome lichen species. The project study area consisted of a lower elevation shallow river with no rocky outcrops or boulders. Neither habitat requirement nor rock gnome lichen species were found during the survey. Therefore the biological conclusion of no effect was determined. NO EFFECT. White Irisette Sisyrinchium dichotomum - Endangered ' The white irisette is a perennial herb with branching stems 4 to 8 inches (10.1 to 20.3 cm) tall. Leaves at the base of the plant are pale to bluish green and grow 1/3 to 1/2 the ' height of the plant. The flowers occur in clusters of 4 to 6 at the tops of the winged stems. It flowers in late May to July and prefers rich, basic soils. It occurs in clearings ' and the edges of upland woods where the canopy is thin and often where downslope runoff has removed much of the deep litter layer ordinarily present on these sites. Biological Conclusion: RK&K biologists surveyed the site on August 7, 2001 ' and found no white irisette species. The project study area consists of a thin hardwood stand next to First Broad River and relatively close to a slope. Downslope runoff is capable of removing much of the deep litter layer; however, most leaf litter has accumulated along the slope and remains to decompose. The i soils on-site are slightly to strongly acidic. Therefore, the biological conclusion of no effect was determined. NO EFFECT. Small Whorled Pogonia Isotria medeoloides - Threatened The small whorled pogonia is a slender, perennial orchid, usually found in colonies. It ' has a greenish or purplish tinged stem that is 3.7 to 8.8 inches (9.5 to 25 cm) tall with drooping glaucous leaves. The leaves are 0.8 to 3.3 inches (2 to 8.5 cm) long and 0.4 to 1 1.6 inches (1 to 4 cm) wide. At the apex of the stem is a whorl of five to six pale dusty green leaves with parallel veins. Its flowers are yellowish green. It flowers from May to June. It may occur in young as well as maturing forests, but typically grows in open, dry 25 ' deciduous woods and areas along streams with acidic soils. It also grows in rich mesic woods in association with white pine and rhododendron. ' Biological Conclusion: RK&K biologists surveyed the project study area on August 7, 2001 and found no small whorled pogonia species. Although no ' sightings of the small whorled pogonia occurred, the area is favorable due to its diversity of habitat requirements. This area supports acidic soils, deciduous 1 woods and First Broad River. Surveys for this species will take place during the flowering season from May to June 2002. UNRESOLVED. Dwarf-flowered Heartleaf 1 1 1 Hexastylis naniflora - Threatened The dwarf-flowered heartleaf is a low-growing, spicy-smelling, evergreen perennial herb. Each leaf is supported by a long, thin stalk that rises directly from the subsurface rhizome. It has cordate to orbicular-cordate leaves, 1.6 to 2.3 inches (4 to 6 cm) long or wide, with lobes usually '/4 or less the total length. It flowers from April to early May. It lives in acidic sandy loam soils along north facing bluffs and nearby slopes, hillsides and ravines, in boggy areas adjacent to creekheads and stream of deciduous woods. Soil type is the most important habitat requirement (Pacolet, Madison or Musella types). This species requires sunlight in early spring for maximum flowering and seed production. Biological Conclusion: RK&K biologists surveyed the area on August 7, 2001 and found no Hexastylis spp. NO EFFECT. 5.1.2 Federal Species of Concern There are ten federal species of concern listed by the USFWS for Rutherford County (Table 1.7). Federal species of concern (FSC) are not afforded federal protection under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. However, the status of these species is subject to change, and so should be included for consideration. Federal Species of Concern are defined as species that are under consideration for listing for which there is insufficient information to support listing. In addition, organisms which are listed as Endangered (E), Threatened (T), or Special concern (SC) by the NCNHP list of Rare Plant and Animal Species are afforded state protection under the NC State Endangered Species Act and the NC Plant Protection and Conservation Act of 1979. 26 1 1 1 Table 1.6 Federal Species of Concern for Rutherford County Common Name Scientific Name NC Status Habitat Present Cerulean Warbler Dendroica cerulea SR No Northern Pine Snake Pituophis melanoleucus SC No Green Salamander Aneides aeneus E No Diana Fritillary Speyeria diana SR Yes Eastern Small-footed Bat Myotis leibii SC No Eastern Woodrat Neotoma floridana SC Yes Sweet Pinesap Monotropsis odorata C No Carolina saxifrage Saxifraga caroliniana C No Divided-leaf Ragwort Senecio milliefolium T No Mountain Catchfly Silene ovata C No Note: NU Status SR - Significantly Rare C - Candidate PT (PSC) - Proposed Threatened (Special Concern) T - Threatened W5 - Watch Category 5 SC - Special Concern ' Cerulean Warbler ' Dendroica cerulea - FSC The cerulean warbler is 4.5 inches (11 cm) in length. The male is blue above and white ' below. From below, a narrow black ring across the chest can be spotted. Females are blue-gray and olive-green above and white below. The cerulean warbler lives in mature ' hardwood forests, near steep slopes and coves in the mountains, especially in river valleys. The project study area consists of relatively low elevations in the foothills of northeastern Rutherford County. Although there are hardwoods in the project study area, steep slopes, coves, and river valeys are not present. 27 1 1 1 Northern Pine Snake Pituophis melanoleucus - FSC The northern pine snake has black to dark brown spots on a white to yellowish background. It lives underground but hunts in the early mornings or late afternoons. It prefers sandy and dry soils typically found in pine-oak sandhills. The project study area consists of mainly of pasture lands and hardwoods. Two small areas were used to grow Virginia and loblolly pine. These pines grow in Dogue and Pacolet soils, neither of which are sandy, dry soils. Therefore, the northern pine snake is not expected to occur within the project study area. Green Salamander Aneides aeneus - FSC It appears to have yellowish green lichen-like patches on a background of dark brown or gray. The belly is pale yellowish white. Green salamanders inhabit damp, shaded crevices of cliffs or rock outcrops in deciduous forests at elevations between 1,200 to 4,400 feet (366 to 1,341 m). They are occasionally found on trees. The project study area consists of hardwoods in moist soils along a creek channel. The area is shaded and damp; however cliff crevices and rock outcrops are not found on-site. The elevation is between 1,100 and 1,200 feet (335 to 366 m) with thickets of privet and swamp rose on a steep river bank. The habitat requirements of the green salamander are not satisfied. Diana Fritillary Speyeria diana - FSC The Diana fritillary is relatively large. The underside of male wings are black at the base, with outer portions of orange. The female has black with blue on the outer part of the hindwing. The underside does not have the typical Speyeria spot pattern. Caterpillar host plants are mostly violets (Viola spp.). Adult food sources are dung and flower nectar from plants including common and swamp milkweeds, ironweed, red clover, and butterfly bush. It prefers fields, edges, and openings in moist, rich, forested mountains and valleys. The overgrown pastures in the project study area provide potential habitat for the Diana Fritillary. Many early successional flowering plants cover the pasture and provide food sources and host plants for insects. 28 1 Eastern Small-footed Bat Myotis liebii - FSC The eastern small-footed bat is the smallest member of the genus Myotis and similar in appearance to the little brown bat, but is smaller in size. The eastern small-footed bat measures approximately 3 inches (7.6 cm) in total length. Its fur is chestnut brown above and grayish brown below. The small ears and face are black, giving it a masked appearance. It occurs in small dry caves usually found in hemlock forests. It roosts in inconspicuous places such as under boulders, in crevices in rock falls and quarries, or around the entrances of caves and mines. The project study area consists of low elevation streamside hardwoods. RK&K staff found no caves nearby. Therefore, habitat for the eastern small-footed bat is not satisfied by the piedmont bottomland hardwood community. Eastern Woodrat Neotoma floridana - FSC The eastern woodrat has a large muscular body ranging from 12 to 17 inches (4.6 to 6.6 cm). The fur color is usually gray-brown above and somewhat darker hairs along the midline. Its head is gray; its feet and underparts are white. It is a woodland species that occurs in deciduous forests, with a dense cover of palmetto. In the mountains, it is associated with talus slopes, rocky outcrops, bluffs along river valleys, cliffs with boulders, crevices or caves. The project study area is similar to the mountainous habitat requirements of the eastern woodrat. Sightings have occurred in the mountainous regions of Rutherford County. The eastern woodrat may survive in the deciduous forest found on-site. Sweet Pinesap Monotropsis odorata - FSC Sweet pinesap is yellow, tawny, pinkish, red or a combination of these. The stems are glabrous and 1 to 3.1 inches (3 to 8 cm) tall with sessile leaves that are bract-like, widely lanceolate and 0.2 to 0.3 inches (0.4 to 0.8 cm) long. These little inconspicuous plant is either quite rare or easily overlooked. It occurs in a chestnut oak/rhododendron minus community on a northern slope. It has also been spotted in a Virginia pine stand. It is 29 typically only found when it flowers in April and is usually keyed in on by its odor, a sweet spicy smell, since it flowers under rotten logs and leaves. Sycamore and river birch dominate the buffer zone of the First Broad River. No chestnut oak/rhododendron minus communities were found in the area. However, a Virginia pine stand lines the study corridor along SR 1733 (Jones Town Road) and faces southeast. Preferable habitat is not present on the project ' study area. Carolina Saxifrage Saxifraga caroliniana - FSC Carolina saxifrage is 3.9 to 19.5 inches (10 to 50 cm) tall with ovate to slightly ovate leaves, glabrous above and pubescent to glabrate beneath. The petals have yellow 1 spots, clavate filaments and 0.1 to 0.2 inches (0.4 to 0.5 cm) long capsules. It flowers in May to June and occurs on woods with rock outcrops and seepages. Woods with rock outcrops and seepages are not present on the project study area. Therefore, the Carolina saxifrage is not expected to live in the area. ' Divided-leaf Ragwort Senecio (Packers) milliefolium - FSC Divided-leaf ragwort is 11.7 to 27.3 inches (30 to 70 cm) tall with hollow stems. The leaves are mostly basal, lanceolate to elliptic, and 1.6 to 5.9 inches (4 to 15 cm) long. It usually has 20 or more heads. It can be found on or near rock outcrops and flowers in late April to early June. Rock outcrops are not present in the project study area. Therefore, the divided- leaf ragwort is not expected to live in the area. Mountain Catchfly ' Silene ovata - FSC Mountain catchfly is a coarse, erect perennial to 5 feet (1.5 m) tall from a rootstock. Its ' leaves are primarily cauline, ovate 2 to 4.7 inches (5 to 12 cm) long, 0.8 to 2 inches (2 to 5 cm) wide, with a rounded base. It blooms in August to September and is found in rich ' slopes, cove forests and montane oak-hickory forests. NHP's record on mountain catchfly is based on a pre-1900 herbarium specimen that has vague information on location of Rutherford County. The project study 1 30 does not resemble a cove forest or montane oak-hickory forest. Therefore, habitat requirements for the mountain catchfly are not satisfied by the piedmont bottomland forest found in the project study area. 5.2 State Listed Species Table 1.7 lists North Carolina rare species. The common name, scientific name and ' state status are displayed. 1 Table 1.7 State Listed Species Common Name Scientific Name NC Status Eastern Small-footed Bat Myotis leibii SC Northern Long-eared Bat Myotis septentrionalis SC Indiana Bat Myotis sodalis E Eastern Woodrat Neotoma floridana haematoreia SC Southern Pygmy Shrew Sorex hoyi winnemana SC Peregrine Falcon Falco peregrinus E Loggerhead Shrike Lanius ludovicianus ludovicianus SC Smooth Green Snake Opheodrys vernalis SC Northern Pine Snake Pituophis melanoleucus SC Green Salamander Aneides aeneus E Crevice Salamander Plethodon yonhlossee SC Broad River Stream Crayfish Cambarus lenati S3 Santee Chub Hybopsis zanema S3 Rock Gnome Lichen Gymnoderma lineare T Dwarf-flowered Heartleaf Hexastylis naniflora T Piedmont Quillwort Isotria medeoloides E Single-flowered Sandwort Minuartia uniflora E Divided-leaf Ragwort Senecio millefolium T White Irisette Sisyrinchium dichotomum E E - Endangered T - Threatened SC - Species Concern S3 - Rare 31 1 1 1 Per correspondence with DENR and WRC, RK&K has considered habitat impacts to the Santee chub and Broad River stream crayfish. Both species are highly vulnerable to siltation and pollution. Neither species were found on site. 32 1 1 1 1 1 6.0 REFERENCES Amoroso, J.L. 1999. Natural Heritage Program List of the Rare Plant Species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation; North Carolina Department of Environment and Natural Resources; Raleigh, North Carolina 88 pp. Bolen, E.G. and W. L. Robinson. 1995. Wildlife Ecology and Management. 3rd ed. Prentice Hall, New Jersey. 620 pp. Burt, W.B. and R.P. Grossenheider. 1980. Peterson Field Guide - Mammals. 3rd ed. Houghton Mifflin Company, New York. 289 pp. Cowardin, L.M., V. Carter, F.C. Goblet, and E.T. Laroe. 1979. Classification of Wetland and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, FWS/OBS 79/31. U. S. Department of Interior; Washington, D.C. 83 pp. Department of Environment, Health and Natural Resources (DENR) 1995. Fourth Version, Guidance for Rating the Values of Wetlands in North Carolina. DEHNR, Division of Environmental Management, Water Quality Section; Raleigh, North Carolina. Department of Environment and Natural Resources (DENR) 1998. Broad River ' Basinwide Water Quality Plan. Water Quality Section, Division of Water Quality; DENR; Raleigh, North Carolina. ' DENR 2001. The Division of Water Quality Red Book of Rules. Division of Water Quality; DENR; Raleigh, North Carolina. 112 pp. Department of the Army (DOA). 1987. Corps of Engineers Wetlands Delineation Manual. Tech. Rpt. Y-87-1. Waterways Experiment Station, Corps of Engineers, Vicksburg, Mississippi. 100 pp. Gregory, J.D. 2001 Hydric Soils and Growing Season: Wetland Delineation Data for North Carolina. Department of Forestry; North Carolina State University; Raleigh, North Carolina. 104 pp. ' Hunter, M. L. Jr. 1990. Wildlife, Forests, and Forestry- Principles of Managing Forests for Biological Diversity. Prentice Hall, New Jersey. 370 pp. Justice, W.S. and C.R. Bell. 1968. Wildflowers of North Carolina. The University of North Carolina, Chapel Hill, North Carolina. 217pp. 33 Kohler, C.C. and W.A. Hubert. 1993. Inland Fisheries Management in North America. ' American Fisheries Society, Maryland. 593 pp. ' Lee, D.S., J.F. Funderburg Jr., and M.K. Clark. 1982. A Distributional Survey of North Carolina Mammals. Occasional Papers of the North Carolina Biological Survey 1982-10. ' Leithead, H.L., L.L. Yarlett, and T.N. Shiflet. 1976. 100 Native Forage Grasses in 11 Southern States. Soil Conservation Service; United States Department of Agriculture; U.S. Government Printing Office, Washington, D.C. 216 pp. LeGrand, H.E. Jr. and S.P. Hall. 1999. Natural Heritage Program List of the Rare Animal Species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation; Department of Environment and Natural Resources; Raleigh, North Carolina. 93 pp. Little, E.L. 1995. National Audubon Society Field Guide to North American Trees - Eastern Region. Chanticleer Press, Inc., New York. 714 pp. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III. 1980. Amphibians and Reptiles of the Carolinas and Virginia. The University of North Carolina Press, Chapel Hill, North Carolina. 264 pp. i S f N h C aro na North Carolina Department of Agriculture. 1982. A Distributional urvey o ort Mammals. North Carolina Biological Survey, Raleigh, North Carolina. 70 pp. ' North Carolina Wildlife Resources Commission (NCWRC). 1993. North Carolina Wild ' Places - A Closer Look. Division of Conservation Education, North Carolina Wildlife Resources Commission; Raleigh, North Carolina. 73 pp. I Owen, O. S. and D.D. Chiras. 1995. Natural Resource Conservation- Management for a Sustainable Future. 6th ed. Prentice Hall, New Jersey. 586 pp. ' Peterson, R.T. 1980. Peterson Field Guides - Eastern Birds. 3rd ed. Houghton Mifflin Company, New York. 383 pp. Radford, A.E., H.E. Ahles, and C.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, North Carolina. 1183 pp. Reed, P.B., Jr. 1988. National List of Plant Species that Occur in Wetlands: Southeast ' (Region 2). U.S. Fish and Wildlife Service Biological Report 88 (26.2). 124 pp. 1 34 Rohde, F.C., R.G. Arndt, A.G. Lindquist and J.F. Parnell. 1994. Freshwater Fishes of the 1 Carolinas, Virginia, Maryland and Delaware. The University of North Carolina Press. Chapel Hill, North Carolina. 222 pp. ' Rosgen, D. 1996. Applied River Geomorphology. Printed Media Companies, Minneapolis, Minnesota. li A f N h C na- ort aro Russo, M. 2000. Threatened and Endangered Species in Forests o Guide to Assist with Forestry Activities. The Nature Conservancy. International Paper Company. 183 pp. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, DENR; Raleigh, North Carolina. 325 pp. 1 t 7 il S f G ilf d C S oun y, urvey o u or 5. o United States Department of Agriculture (USDA). 19 North Carolina. Natural Resources Conservation Service. 77 pp. th ed. USDA, Fort USDA. 1998. Field Indicators of HYdric Soils in the United States. 4 ' Worth. 30 pp. United States Environmental Protection Agency (USEPA). 1994. Guide to Environmental ' Issues. U.S. Government Printing Office, Washington, D.C. 84 pp. United States Fish and Wildlife Service (USFWS). 26 February 2001. Endangered, ' Threatened and Candidate Species and Federal Species of Concern by County in North Carolina. USFWS; Raleigh, North Carolina. 51 pp. 1 1 USFWS. 22 March 2001. Internet update of Federal Protected Species List for North Carolina Counties. Last update to this page by USFWS, 22 May 2001. Internet address: http://nc-es.fws.gov/es/countyfr.html U.S. Geological Survey (USGS). 1962. Dysartsville, N.C. 7.5 Minute Quadrangle Webster, W.D., J.F. Parnell and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia and Maryland. The University of North Carolina Press. Chapel Hill, North Carolina. 255 pp. Wetland Training Institute. 1991. Field Guide for Wetland Delineation - 1987 Corps of Engineers Manual. WTI, Inc., Maryland. 133 pp. 35 Winborne, F.B. 1994. A Guide to Streamwalking. Division of Water Resources; North Carolina Department of Environment and Natural Resources; Raleigh, North ' Carolina. 35 pp. 1 1 36 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EXHIBITS r \ 4t "q C a ? ??? ~-?°y° C, a) CA - CL g ti w ?> N Z W D ?n cn C) M cr- 0 LL. o? ?a Z 5o o ?0 m ? c 20 C14 6 a. U. 1- Z 0 C/) w W Z I v J W? F- D Ix 0W Q co O 4Y J s rf•c ? 1 N (D EE n o E O o0 U Q c a?i m +• 'o cLv -a c C c o E 3 v cn J C -0-p L ` Q1 ? ai Q 'a ?j . r m m m m m m m m m m m m m m m m m m E !'? ?O?,E'I `? ro V " '" rt'ik< 410 r 0 i 4 9gfg4jNS 0 0 W r! E f E °? 1 wa, va.r r 's t , I +»? fly ?ILKEY FbW I .` u,N . 4 1 ?N\\y Nv ctsa+.m a ?"'N (\ d r7 ? I o? ? ?' _. r 'r J aak.oMO .5 o,a?v a MW AP \ N° 1 _`,. ,o 1f I. B2 G ? a L Irr , I n. , L ?:u k/Y£p . of T 3 Z3 ? 5 •? YYY ? a N ? ,N - „, ,+ p + X9;9 I:CppK ?,,Aq1 1i. - AUIIRII(gDf(EI a SY f _ _ " NT i L u _ ,y SPINE l4 ¢ ,,,,, o , ?„ BBwois ? ?, `k '? ?r•, p ik ? ? :.? ,y'an ?? s >w? a. + a ° " -1 i F s- F x ?* /s t4 d"ew Np?.. W v )i Lt I 1 E\/ b - ? ?/ .118~ ` 1 f Iq V I 1 / I Ys is eu ? ? , B-4,59 t - AI ?f Sp. 1. ?-? BRDAD ? r RUTHERFORD COUNTY ., <DU N„ Figural r .. I 1 ? C f10k![ ? CO IIN lY o? rML 0? ?o L E N L o? N Lo O O mN Z 0 L L 0 L 0 L c? V s 0 Z 1P • N01Ik L 0 o ?iylr . DEQpF?J a J J Y 06 d a d C Ir- Q Q N d I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1732 8_42 1731 ?/ . 1728 J. 1 30 ...'1809 j ? ` n ' f 1726 Golde , Valley 172 Ch. - 1 ° co _ - j 25 \ 11/ 1723 L JIV 1723 1006 ?o. • t I OP?Q 173 1733 4 61 BRIDGE No. 202 1 1 1 1 APPENDIX 1 1 1 1 STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY e1_11% Ogg I D110 W June 11, 2001 JUNI Z 2001 RUMMtL,.KLEPPER & KAHL Kimberly S. Leight RALEIGH, NO Project Manager 5800 Faringdon Place, Suite 105 Raleigh, NC 27609-3960 Reference: NCDOT Bridge Replacement Projects in Rutherford County In response to your June 04, 2001 letter, this office has no comments or unique concerns as it relates to these projects. Sincerely, .GGy .G? G.R. Spangler District Engineer GRS 3931 NC 226 S. Marion, North Carolina 28752 kim leight From: MaryEllen Haggard <haggardme@surry.net> ' To: 'kleightrkkengineerscom' <kleight@rkkengineers.com> Sent: Wednesday, June*13, 20018:34 AM Subject: NCDOT Bridge Replacement Projects ' Here are a few of the bridge projects that I have special concerns about: 1. B-4258: Trout waters; runs of fish ascend from Lake Lure every spring ' Stream size and frequent floods preclude culvert use here replace bridge w/bridge 1 2. B-4261: Cathys Creek- Natural Heritage Database shows Santee Chub in this creek. Santee Chub has a S3 ranking = rare or uncommon, SR = significantly rare 3. B-4266: Hills Creek- Water Supply Watershed; Santee Chub 4. B-4264: Webbs Creek- Water Supply Watershed 5. B-4265: First Broad River- Trout waters; Broad River Stream Crayfish replace bridge w/bridge I am not sure yet what kind of protection Santee Chub will require. Maryellen Haggard DOT Permit'Coordinator PO Box 387 Elkin,. NC 28621 Phone: (336) 527-1549 Fax: '(336) 527-1548 1 1 1 7/6/01 North Carolina Department of Environment and Natural Resources ` • , 1 Division of Parks and Recreation- Michael F. Easley, Governor NCDENR 1 William G. Ross Jr., Secretary Philip K. McKnelly, Director i o?oggg June 13, 2001 D 1 JUN A .8 2001 RUMMEL,.KLEPPER & KAHL 1 Ms. Kimberly S. Leight RALEIGH.- No Rummel, Klepper & Kahl, LLP 5800 Faringdon Place, Suite 105 1 Raleigh, NC 27609-3960 Subject: NCDOT Bridge Replacement Projects, Rutherford County 1 Dear Ms. Leight: . 1 The Natural Heritage Program has no record of rare species, significant natural communities, or priority natural areas at the site nor within a mile of the site, for any of the following seven bridge sites: B-4258, B-4259, B-4260, B-4261, B-4264, B-4265, and B-4266. 1 The Natural Heritage Program has a number of records of a state. endemic, and newly'described, crayfish - the Broad River stream crayfish (Cambarus lenati) - from tributary streams off the 1 Broad River in the northeastern corner of Rutherford County. It might occur in the river near the bridge site. This species is known only from this area and from neighboring Cleveland County. If a stream survey is to be conducted for this project, we suggest that biologists be aware of the 1 possibility of -this rare crayfish being-present near Site B-4265, and our Program would want to obtain information on records of the species, if found. 1 You may wish to check the Natural Heritage Program database website at <www.ncsparks.net/nh?/search.html> for a listing of rare plants and anim natural communities in the county and on the topographic quad map. Plea ation. 1 contact me at 919-715-8687 if you have questions or need further inform 1 Sincerely, als and significant se do not hesitate to 1 . Harry E. LeGrand, Jr., Zoologist 1 Natural Heritage Program HEL/hel 1615 Mail Service Center, Raleigh, North Carolina 27699-1615 1 Phone: 919-733-4181 \ FAX: 919-7.15=3085 \ Internet: www.enr.state.nc.us/ENR/ AN EQUAL OPPORTUNITY.\ AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED / 10% POST CONSUMER PAPER 1 1 1 1 ®North Carolina Wildlife Resources Commission k?N Charles R. Fullwood, Executive Director August 2, 2001 Ms. Kimberly S Leight Rummel, Klepper & Kahl 5800 Farringdon Place - Suite 105 Raleigh NC 27609 Subject: Natural Resources Technical Reports, Seven Bridge Projects, Rutherford County Dear Ms. Leight: This memorandum responds to your request for our concerns regarding any unique natural, resources issues in the vicinity of the proposed bridge projects. I have reviewed available information for the proposed projects. The proposed work involves seven bridge replacement projects in western North Carolina*on State roads and/or US highways within Rutherford County. Construction impacts on wildlife and fisheries resources will depend on the extent of disturbance in the streambed and surrounding floodplain areas. We prefer bridge designs that do not alter the natural stream morphology or impede fish passage. Bridge designs should also include provisions for the deck drainage to flow through a vegetated upland buffer prior to reaching the subject surface waters. We are also concerned about impacts to trout habitat. Environmental documentation for these projects should include description of any streams or wetlands on the project site and surveys for any threatened or endangered species that may be affected by construction. B-4258 -Bridge No. 7 on US 64-over the-Broad River -at Lake-Lure - - - - The Broad River at the crossing is classified as C trout; a short distance upstream the stream becomes designated trout water. We do not have records of endangered, threatened or rare species in the vicinity of this project. We are concerned about the potential for adverse impacts to trout and other aquatic resources with the Broad River and Lake Lure. We would anticipate requesting an in-water work and buffer moratorium between October 15-April 15 to minimize impacts to trout. This structure should be replaced with another spanning structure. B-4259 - No. 342 on SR 1135 over Richardson Creek 1 1 Richardson Creek is classified as C. The stream is not designated as trout water and landscape position limits the potential for trout. We do not have records of endangered, threatened or rare species from the immediate project _area. _ Wehave no_c_oncerns .o-ther-than minimization ofimpacts to water quality and aquatic habitat. Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 - Fax: (919) 715-7643 1 Natural Resources Scoping Rridge Replacements, Rutherford County August 2, 2001 B-4260--Bridge No 350 on SR 1352 over West Branch Mountain Creek ' West Mountain Creek is classified C. The stream is not designated as trout waters. Landscape position limits the potential for trout. We do not have records for endangered, threatened or rare ' species. We have no concerns other than minimization of impacts to water quality and aquatic habitat. B-4261- Bridge No. 39 on SR 1520 over a tributary of Cathey's Creek ' This stream reach is classified WS-V. The stream is not designated as trout water. Landscape position limits the potential for trout. We do not have records of endangered, threatened or rare species at the project area. We have no concerns other than minimization of impacts to water quality and aquatic habitat. B-4264 - Bridge No. 351 on SR 1596 over Webb Creek Webb Creek is classified WS-IV. The stream is not designated as trout water. Landscape position limits the potential for trout. We do not have records of endangered, threatened or rare species. We have no concerns other than minimization of impacts to water quality and aquatic habitat. B-4265 - Bridge No.202 on SR 1733 over the First Broad Creek First Broad Creek is classified as WS-V trout. The stream is not designated as trout water. We do ' not have records of endangered, threatened or rare species. We are concerned about the potential for impact to trout. We would anticipate requesting moratoriums to protect trout spawning. We ' also request that bridges in trout waters be replaced with another spanning structure. B-4266.- Bridge No. 110 on SR 1991 over Hills Creek ' Hills Creek is classed WS-IV. The stream is not designated as trout water. We do not have records of endangered, threatened or rare species. We have no concerns other than minimization of impacts to water quality and habitat. ' Thank you for the opportunity to review and comment during the early planning stages of these I projects. If you have any questions regarding-these comments; -please- contactmie-at (828) 452=2546."- - Sincerely, ' Owe F. Anderson Mountain Region Coordinator , Habitat Conservation Program 1 1