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HomeMy WebLinkAbout20180072 Ver 1_B#34_OakGrove_RD_TE_20180112si �rr ,L r r �::, � r . I�, � ' >� �� �'`�\^ . ;� STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER GOVERNOR May 16, 2017 MEMO TO: Trish Beam, Division 12 Environmental Supervisor FROM: Jeffrey Wyatt, Division 12 Environmental Specialist SUBJECT: Threatened/Endangered Species Survey 1.0 INTRODUCTION JAMES H. TROGDON, III SECRETARY The North Carolina Department of Transportation (NCDOT) proposes to replace bridge number 34 on SR - 2033 (Oalc Grove Road) over Muddy Forlc Creek in Cleveland County (Figure 1). 2.0 PHYSICAL RESOURCES The study area lies in the piedmont physiographic region of North Carolina (Figure 2). Topography in the project vicinity is comprised of gently rolling hills with narrow, level floodplains along streains. Elevations in the study area are approximately 860ft - 895 ft. aUove sea leveL Land use in the project vicinity consists priinarily of forested and agricultural areas, interspersed with residential development along roadways. 3.3 Endangered Species Act Protected Species As of April 2, 2015, the United States Fish and Wildlife Service (USFWS) list two federally protected species for Cleveland County (Table 1). A brief description of each species' habitat requirements follows, along with the Biological Conclusion rendered based on survey results in the study area. Habitat requirements for each species are based on the current best available information or from the referenced literature and/or USFWS. Table 1. Federally protected species listed for Cleveland County. Scientific Name Common Name Federal Habitat Biological Status Present Conclusion Hexastylis naniflora Dwarf-flowered heartleaf T No No Effect Myotis septentrionalis Northern long-eared bat T Yes MA;NLAA E— Endangered; T— Threatened; MA NLAA — May Affect; Not Likely to Adversely Affect Dwarf-flowered heartleaf (Hexasrylis naniflora) USFWS Optimal Survey Window: March-May Habitat Description: Dwarf-flowered heartleaf (DFH) is endemic to the western Piedmont and foothills of North and South Carolina. This herbaceous evergreen is found in moist to rather dry forests along bluffs; boggy areas next to streams and creek heads; and adj acent hillsides, slopes, and ravines. Requiring acidic, sandy loam soils, the species is found in soil series such as Pacolet, Madison, and Musella, among others. Occurrences are generally found on a north facing slope. Undisturbed natural communities such as Piedmont/Coastal Plain Heath Bluff, Dry- Mesic Oak Hickory Forest, and Mesic Mixed Hardwood Forest hold the most viable occurrences. However, less viable remnant occurrences are found in disturbed habitats, including logged, grazed, mown, and residential/commercial developed lands; areas converted to pasture, orchards, and tree plantations; roadside rights-of-way; and on upland slopes surrounding manmade ponds or lakes. Biological Conclusion: No Effect An Apri120, 2017 survey of the NCNHP database indicated 1 population of approximately 2,500 plants 0.9 miles to the southwest of project site. This population was last observed in 2000 by NCDOT personal. An on-site investigation on April 21, 2017 indicated there is no suitable habitat for the DFH and no species were observed. This project will have no effect on the dwarf- flowered heartleaf. Northern Long-Eared Bat (Myotis septentrionalis) USFWS Recommended Survey Window: June 1— August 15 Habitat Description: In North Carolina, the Northern long-eared bat (NLEB) occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. Since this species is not known to be a long- distance migrant and caves and subterranean mines are extremely rare in eastern North Carolina, it is uncertain whether or where NLEB hibernate in eastern North Carolina. During the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically >3 inches dbh). Males and non-reproductive females may also roost in cooler places, like caves and mines. This bat also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree-lined corridors. Mature forests may be an important habitat type for foraging. Biological Conclusion: May Affect; Not Likely to Adversely Affect During field investigations on April 21, 2017 Bridge #34 was assessed for suitable bat habitat. The bridge was found to contain suitable habitat, but no bat evidence was observed (See attached Bat Habitat Assessment Form). Additionally, no impacts to potentially suitable roosting trees were observed within the study area. The Natural Heritage Program records document the nearest Northern Long-Eared Bat location approximately 23 miles north of the proposed project area. The closest listed underground mine, per NHP database is the Sweezy Mine, 3.2 miles northwest of the project site. There are currently no known hibernaculum or maternity roost trees in Division 12 counties for NLEB; therefore, the minor tree clearing associated with this DOT project would be exempted from incidental take under the 4(d) Rule streamlined consultation form. Per guidance from USFWS personnel, concurrence is granted by citing the following website and a 30 day response period is waved. http://www.fws.�ov/asheville/htmis/project_review/NLEB_in WNC.html 3.4 Bald Eagle and Golden Eagle Protection Act Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water far foraging. Large dominant trees are utilized for nesting sites, typically within 1 A mile of open water. A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was performed on Apri120, 2017 using 2015 color aerials. The Kings Mountain Reservoir which lies 0.25 miles to the north is large enough and sufficiently open to be considered a potential feeding source for the Bald Eagle. An April 20, 2017 survey of the project study area and the area within 660 feet of the project limits was conducted, but no nests were observed. Additionally, a review of the NCNHP database on April 20, 2017 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.