20181341 Ver 1_JD_TE_20181004

ROY COOPER
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES H. TROGDON, III
SECRETARY
September 28, 2018
MEMO TO:
FROM:
SUBJECT:
Trish Beam, Division 12 Environmental Supervisor
Jeff Wyatt, Division 12 Environmental Specialist
Jurisdictional Waters and Threatened/Endangered Species Survey
INTRODUCTION
The North Carolina Department of Transportation (NCDOT) proposes to repair a failing
bridge slope protection section under bridge 178 in Catawba County. The project is
located on I-40 West Bound over Lyle Creek (Figure 1).
PROTECTED SPECIES
Endangered Species Act Protected Species
As of June 27, 2018 the United States Fish and Wildlife Service (USFWS) list three
federally protected species, under the Endangered Species Act (ESA) for Catawba County
(Table 1). 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.
Table 1. ESA federally protected species listed for Catawba County.
Scientific Name Common Name Federal Habitat Biological
Status Present Conclusion
Helianthus schweinitzii Schweinitz's sunflower E Yes No Effect
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
Schweinitz's Sunflower
USFWS optimal survey window: Late August-October
Biological Conclusion: No Effect
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION 12
PO BOX 47
SHELBY, NC 28151-0047
Telephone: [phone]
Fax: [phone]
Coierier: 06-53-03
Website: www.ncdot.gov
Location:
1710 E. MARION STREET
SHELBY, NC 28152

Habitat for the Schweinitz's Sunflower exists within the study area along I-40
right-of-way in the form of maintained roadsides. A survey for plants was
conducted on September 28, 2018 of the habitat. During the survey multiple
transects were walked within the habitat but no species were observed. A review
of NHP records on or updated July 16, 2018 indicates no known occurrences
within 1.0 mile of the study area. Due to the lack of observed species and no
known occurrences nearby it has been determined that this project will have no
effect on the Schweinitz's Sunflower.
Dwarf-Flowered Heartleaf
USFWS Optimal Survey Window: March-May
Biological Conclusion: No Effect
An on-site investigation on September 27, 2018 found no suitable habitat within
the study area. Even though this survey was conducted outside the optimal survey
window no habitat exists within the study area and therefore this project will have
no effect on this species. A review of NHP records on or updated September 28,
2018 indicates no known occurrences within 1.0 mile of the study area.
Northern Long-Eared Bat
USFWS Recommended Survey Window: June 1— August 15
Biological Conclusion: May Affect; Not Likely to Adversely Affect
Suitable habitat for the Northern Long-Eared Bat was identified within the study
area in the form of an NCDOT bridge and mature trees having small crevices,
however no bat evidence was observed (See attached Bat Habitat Assessment
Form). The Natural Heritage Program records document the nearest Northern
Long-Eared Bat location approximately 28 miles west of the proposed project
area. There will be no impacts to abandon structures, barns, sheds in the vicinity
and the closest listed underground mine, per NHP database is the Moose Mine 6
miles southwest 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
Bald and Golden Eagle Protection Act
The bald eagle is protected under the Bald and Golden Eagle Protection Act, and enforced
by the USFWS. Habitat for the bald eagle primarily consists of mature forests in
MailingAddress: Telephone: [phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax: [phone] E. MARION STREET
DIVISION 12 Coterier: 06-53-03 SHELBY, NC 28152
PO BOX 47
SHELBY, NC 28151-0047 Website: www.ncdot.gov

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 September 27, 2018 using recent color
aerials. Within this limit, one water body large enough and sufficiently open to be
considered potential feeding source was identified to the east of the project. During the
survey multiple trees large enough to support a nesting site exist and but no nests were
observed. Additionally, a review of the NHP database on September 27, 2018 revealed
no known occurrences of this species within 1.0 mile of the project study area. Due to the
lack of observed nests, known occurrences, and minimal impact anticipated for this
project, it has been determined that this project will not affect this species
Essential Fish Habitat
No Essential Fish Habitat exists within the study area.
WATER RESOURCES
Water resources in the study area are part of the Catawba River basin [U.S. Geological
Survey (USGS) Hydrologic Unit 03050102]. One jurisdictional stream was identified in
the study area (Table 2). The location of the stream is shown in Figure 2.
Table 2. Streams in the study area
NCDWR Bank Bankfull
Best Usage Depth
Stream Name Map ID Index Height width
Number Classification (ft) (ft) (in)
Lyle Creek S1 11-76-(3.5) WS-IV 8 45 3-4
There are no Outstanding Resource Waters, High Quality Waters, or water supply
watersheds (WS-I or WS-II) within 1.0 mile downstream of the study area. Lyle Creek is
not listed as a 303d stream.
One surface water was identified in the study area (Table 3). The location of surface
waters are shown on Figure 2.
Table 3. Surface waters in the study area
Surface Water Jurisdictional Map ID of Area (ac) in
Connection Stud Area
Lyle Creek Yes S 1 0.01
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION 12
PO BOX 47
SHELBY, NC 28151-0047
Telephone: [phone]
Fax: [phone]
Coierier: 06-53-03
Website: www.ncdot.gov
Location:
1710 E. MARION STREET
SHELBY, NC 28152