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HomeMy WebLinkAboutR-2597_R-204DE_Nat_ResourceDraft Natural Resources Technical Report US 221 from SR 1536 in Rutherford County to US 221-NC 226 in McDowell County State Project Nos. 6.899002T and 6.879005T TIP Nos. R-2597 and R-204 D&E North Carolina Department of Transportation Project Development and Environmental Analysis Branch October 2003 Prepared by: BUCK 8000 Regency Parkway Suite 200 Cary, North Carolina 27511 Phone: 919.463.5488 Fax: 919.463.5490 www.buckengineering.com Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 ME TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTION.......................................................................................................... I 1.1 Project Description..................................................................................................1 1.2 Methodology...........................................................................................................1 1.3 Qualifications of Principal Investigator..................................................................4 1.4 Definitions...............................................................................................................4 2.0 PHYSICAL RESOURCES........................................................................................... 5 2.1 Regional Characteristics..........................................................................................5 2.2 Geology....................................................................................................................5 2.3 Soils..........................................................................................................................6 2.4 Water Resources.....................................................................................................8 2.4.1 Physical Characteristics of Surface Waters...............................................8 2.4.2 Best Usage Classification.........................................................................13 2.4.3 Water Quality............................................................................................13 2.4.3.1 Basinwide Assessment Report ....................................................13 2.4.3.2 Point Source Discharge Permits..................................................19 2.4.4 Summary of Anticipated Impacts............................................................19 3.0 BIOTIC RESOURCES................................................................................................20 3.1 Terrestrial Communities........................................................................................20 3.1.1 Upland Forest.............................................................................................20 3.1.2 Floodplain Forest.......................................................................................21 3.1.3 Maintained/Disturbed Community...........................................................21 3.2 Wildlife.....................................................................................................................21 3.3 Summary of Anticipated Impacts........................................................................23 3.3.1 Terrestrial Communities...........................................................................23 3.3.2 Aquatic Communities...............................................................................23 3.3.3 Recommendations to Minimize Impacts................................................24 4.0 JURISDICTIONAL TOPICS.....................................................................................24 4.1 Waters of the United States..................................................................................24 4.1.1 Characteristics of Wetlands and Surface Waters....................................24 4.1.2 Permits.......................................................................................................25 4.1.3 Avoidance, Minimization, Mitigation......................................................26 4.2 Rare and Protected Species..................................................................................26 4.2.1 Species Under Federal Protection............................................................27 4.2.2 Federal Species of Concern and State Status..........................................34 5.0 REFERENCES.............................................................................................................37 Buck Engineering October 2003 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E TABLES Table 1. Soils List for US 221 Improvements in Rutherford and McDowell Counties ........6 Table 2. Physical Characteristics of Streams within the Project Area...................................8 Table 3. Species Under Federal Protection in Rutherford and McDowell Counties ..........25 Table 4. Federal Species of Concern for Rutherford and McDowell Counties ..................32 FIGURES Figure 1. Project Vicinity Map ............................................ Figure 2. Biotic Communities and Water Resources Map ..2 13 Buck Engineering October 2003 ii Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E 1.0 INTRODUCTION This Natural Resources Technical Report is submitted to the North Carolina Department of Transportation (NCDOT) in preparation for an Environmental Assessment (EA) for the proposed US 221 improvements in Rutherford and McDowell counties. The purpose of this technical report is to inventory, catalog, and describe the various natural resources likely to be impacted by the proposed action. 1.1 Project Description The proposed improvements are included as two projects in the 2004-2010 NCDOT Transportation Improvement Program (TIP). TIP Project R-2597 is from Old US 221 (SR 1536) in Rutherford County to Goose Creek Road (SR 1153) in McDowell County. TIP Project R 204 D&E is from SR 1153 to US 221-NC 226 (see Figure 1). The purpose of the projects is to improve safety and traffic service along US 221. The proposed improvements consist of widening US 221 from a two-lane roadway to a four or five -lane roadway. The project study area extends approximately 500 feet on each side of the existing roadway (see Figure 1). 1.2 Methodology Published information and resources were collected prior to the field investigation. Information sources used to prepare this report include the following: oo United States Geological Survey (USGS) 7.5-Minute Topographic Maps, Rutherfordton North, NC Quadrangle, 1993, and Glenwood, NC Quadrangle, 1993 oo United States Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) Maps, Rutherfordton North, NC Quadrangle, 1994, and Glenwood, NC Quadrangle, 1994 oo USDA Natural Resource Conservation Service Soil Survey for McDowell County, 1995 and Rutherford County, 2000 oo North Carolina Department of Environment and Natural Resources (NCDENR) basinwide assessment information (NCDENR, 1998 & 1999) oo USFWS list of protected and candidate species, 2003 oo North Carolina Natural Heritage Program (NHP) files of rare species and unique habitats, 2003 Water resource information was obtained from publications posted on the World Wide Web by NCDENR, Division of Water Quality (DWQ). Information concerning the occurrence of federally protected species in the study area was obtained from the USFWS list of protected and candidate species (January 2003). Information about species under state protection was obtained from the NHP database of rare species and unique habitats. Buck Engineering October 2003 1 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 ME NHP files were reviewed for documented sightings of species on state or federal lists and locations of significant natural areas. Buck Engineering October 2003 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 ME Buck Engineering October 2003 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E A field survey was performed on June 2 — 5, 2003 by Buck Engineering staff to inventory natural resources such as plant communities, streams, wetlands, and habitat for federally protected species. Plant communities were identified by visually observing and recording dominant species. Plant taxonomy follows Radford et al. (1968). Vertebrate taxonomy follows Potter et al. (1980), Martof et al. (1980), Webster et al. 0985), and Menhinick (1991). Predictions regarding wildlife community composition involved general qualitative habitat assessment based on existing vegetative communities. Water resources were identified and their physical characteristics were recorded. Wetlands within and near the project area were delineated on June 3-5, 2003. Jurisdictional wetlands were delineated and evaluated based on criteria established in the United States Army Corps of Engineers Wetlands Delineation Manual (USACE, 1987) and Guidance for Rating the Values of Wetlands in North Carolina (NCDEHNR, 1995). 1.3 Qualifications of Principal Investigator Investigator: Gregory W. Price, PWS, Senior Biologist Education: MS, Biology, Appalachian State University, 1989 BA, Biology, Appalachian State University, 1985 Experience: Senior Biologist, Buck Engineering, 2000 to present. Senior Engineering Technician, City of Durham Storm Water Services, 1997-2000. Biology Instructor, Wake Technical Community College, 1993-1997. Environmental Biologist, NC Division of Water Quality, 1991-1997. Environmental Technician, NC Division of Environmental Management, 1990-1991. Biology Laboratory Instructor/Research Assistant, Appalachian State University, 1985-1989. Summer Naturalist, Duke Power State Park, 1985. Expertise: NEPA investigations; Section 7 field investigations; wetland and stream delineation and mitigation; water quality/biological monitoring of streams and lakes, environmental education. 1.4 Definitions For this report, the following terms are used to describe the limits of the natural resource investigations. "Project study area" or "project area" refer to the areas along the full length of the project alignment. The "project alignment" is the area of each proposed detailed study alternative. The "project vicinity" is an area extending 0.5 miles on all sides of the project study area. The "project region" is an area equivalent in size to the area represented by a 7.5-minute USGS quadrangle map (61.8 square miles) with the project study area occupying the center of the project region. Buck Engineering October 2003 L! Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E 2.0 PHYSICAL RESOURCES The geology, soils, and water resources within the project area are discussed below with respect to possible environmental impacts. 2.1 Regional Characteristics The project area is located in north central Rutherford County and southeastern McDowell County within the Southern Inner Piedmont and Eastern Blue Ridge Foothills ecoregions (Griffith et al., 2002) of western North Carolina. This 19-mile project begins at the proposed Rutherfordton Bypass near Old US 221 (SR 1536) and passes through the Gilkey, Thermal City, Vein Mountain, and Glenwood communities. The project ends at the intersection of NC 226 in Marion. The terrain within the area is mostly rolling except for a five -mile portion near Vein Mountain where the terrain is steep and mountainous. Elevations range from 940 to 1432 feet above sea level. 2.2 Geology The complex geology underlying the existing US 221 region within the project area lies in the Western Piedmont Thrust Stack Zone, and more specifically in the Inner Piedmont Block (Horton, Jr., 1991). The Inner Piedmont Block includes metamorphic rocks such as gneiss and schist that have been intruded by younger granitic rocks. The specific rock types within the project area are listed below based upon the Geologic Map of North Carolina published by the North Carolina Geological Survey in 1985. Amphibolite and Biotite Gneiss — Interlayered; minor layers and lenses of hornblende gneiss, metagabbro, mica schist, and granitic rock. Biotite Gneiss and Schist — Inequigranular, locally abundant potassic feldspar and garnet; interlayered and gradational with calc-silicate rock, sillimanite-mica schist, mica schist, and amphibolite. Contains small masses of granitic rock. Henderson Gneiss — Monzonitic to Grano-dioritic, inequigranular. Inequigranular Biotite Gneiss — Weakly foliated to massive, contains plagioclase megacrysts and, rarely, larger megacrysts of quartz and feldspar. Metamorphosed Granitic Rock — Equigranular to megacrystic, foliated to massive. Includes Taluca Granite. Migmatic Granitic Gneiss — Foliated to massive, granitic to quartz dioritic; biotite gneiss and amphibolite common. Buck Engineering October 2003 5 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E 2.3 Soils The process of soil development depends upon both biotic and abiotic influences. These influences include past geologic activities, nature of parent material, environmental and human influences, plant and animal activity, time, climate, and topographical position. The project area includes six local soil associations: Evard-Cowee association, Hayesville- Evard association, Iotla-Braddock-Rosman-Potomac association, Evard-Cowee-Fannin association, Pacolet-Cecil association, and Madison-Pacolet-Grover association. A soil association is defined as a landscape that has a distinctive proportional pattern of soils consisting of one or more major soils and at least one minor soil. The soils within an association can vary in slope, depth, stoniness, drainage, and other characteristics (USDA, 1995). These soil associations are described below based on information obtained from USDA (1995, 2000). Individual soil types are described in Table 1. The Evard-Cowee association is comprised of moderately steep or steep, well drained, micaceous soils located on narrow, winding ridgetops and side slopes. Major soil series within this association include Evard (59%), and Cowee (11%). These soils are all formed in material weathered from gneiss and schist. Minor soils (30%) in the association include Hayesville, Ashe, Chestnut, Edneyville, and Tate. The Hayesville-Evard association consists of strongly sloping to steep, well -drained soils that have a predominantly clayey or loamy subsoil. These soils are located on narrow ridgetops and side slopes and are formed in material weathered from gneiss and schist. Major soil series within this association include Hayesville (41%), and Evard (38%). Minor soils (21%) in the association include Iotla, Colvard, Cowee, and Braddock. The Iotla-Braddock-Rosman-Potomac association consists of nearly level to strongly sloping, somewhat poorly drained to somewhat excessively drained soils with a predominantly loamy, clayey, or sandy subsoil, located on nearly level floodplains and stream terraces. These soils are formed in alluvium. Iotla (31%), Braddock (16%), Rosman (13%), and Potomac (11%) are the major soils within the association. Minor soils (29%) in the association include Dillard, Elsinboro, Colvard, Biltmore, and Udifluvents. The Evard-Cowee-Fannin association is comprised of moderately steep or steep, well drained soils located on low mountain summits and side slopes. Major soil series within this association include Evard (58%), Cowee (17%), and Fannin (10%). These soils are all formed in material weathered from gneiss and schist. Minor soils (15%) in the association include Greenlee, Tate, Bandana, and Ostin soils. The Pacolet-Cecil association consists of gently sloping to moderately steep, very deep, well drained soils that have clayey subsoil, located on summits and side slopes of Piedmont divides. Major soil series within this association include Pacolet (69%) and Buck Engineering October 2003 C Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E Cecil (17%). Minor soils (14%) in this association include Rion, Chewacla, Appling, and Ashlar soils. The Madison-Pacolet-Grover association consists of strongly sloping to steep, very deep, well drained soils that have clayey subsoil, located on summits and side slopes of Piedmont divides. Major soil series within this association include Madison, (54%), Pacolet (21%) and Grover (10%). Minor soils (15%) in this association include Cecil, Chewacla, and Hiwassee soils. Table 1. Soils List for US 221 Improvements in Rutherford and McDowell Counties mbol Soil Unit Name Ip Sloe General Characteristics ApB Appling sandy loam 1-6% Well drained soil, found on summits and footslopes of Piedmont divides. BrC2 Braddock clay loam, eroded 2-6% Well drained, gently sloping soils, found on high stream terraces along many of the larger streams. CaB2 Cecil sandy clay loam, eroded 2-8% Well drained soil, found on summits of Piedmont divides. CaF Chestnut-Ashe complex, stony 25-80% Somewhat excessively well drained soil, found on mountain ridgetops and side slopes. ChA Chewacla loam, occasionally 0-2% Somewhat poorly drained soil, found on flooded Piedmont floodplains. CoA Colvard loam, occasionally flooded 0-2% Well drained soil, found on floodplains along streams in the intermountain areas. EsB Elsinboro loam, rarely flooded 14% Well drained, gently sloping soils, found on low stream terraces along many of the larger streams. EvD Evard loam 10-25% Well drained, moderately steep soil, found on mountain ridgetops. EvE Evard-Cowee complex 30-50% Well drained soil, found on summits and sideslopes of mountain divides. EwE Evard-Cowee complex 25-60% Well drained, steep soil, found on mountain side slopes. FvA Fluvaquents-Udifluvents complex, 0-2% Somewhat poorly drained (Fluvaquents), occasionally flooded moderately well drained to well drained (Udifluvents) soils, found on mountain floodplains. HaC Hayesville loam 6-15% Well drained, strongly sloping soil found on intermountain foothills and ridgetops. HcC2 Hayesville clay loam, eroded 6-15% Well drained, strongly sloping soil found on ridgetops in intermountain areas and foothills. HeD Hayesville-Evard complex 15-25% Well drained, moderately steep soil, found in intermountain areas and on side slopes of foothills. HuC Hayesville-Urban land complex 6-15% Well drained, strongly sloping soil, found ridgetops and side slopes in intermountain areas and foothills. Buck Engineering October 2003 VA Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E Symbol Soil Unit Name S' owe General Characteristics IoA Iotla sandy loam, occasionally 0-2% Somewhat poorly drained, nearly level soil, flooded found on mountain floodplains adjacent to streams. MaD2 Madison clay loam, eroded 15-25% Well drained soil, found on summits and sideslopes of Piedmont broad and narrow interstream divides. PaC2 Pacolet sandy clay loam, eroded 8-15% Well drained soil, found on summits and sideslopes of Piedmont divides. PaD2 Pacolet sandy clay loam, eroded 15-25% Well drained soil, found on summits and sideslopes of Piedmont divides. PtB Potomac cobbly loamy sand, 1-5% Somewhat excessively drained, nearly level to frequently flooded gently sloping soil, found on floodplains at the headwaters of the major mountain streams. PxA Potomac-Iotla complex, mounded, 0-3% Somewhat excessively drained to somewhat frequently flooded poorly drained, nearly level soil, found on floodplains adjacent to streams. RaE Rion sandy loam 25-45% Well drained soil, found on sideslopes of Piedmont divides. Uo Udorthents, loamy 0-60% Consists of areas that have been cut or filled during grading for roads, railroads, dwellings, recreational areas, and similar uses. Ur Urban land Consists of areas covered by more than 85% impervious surfaces. 2.4 Water Resources This section contains information concerning water resources likely to be impacted by the proposed project. Water resource assessments include the physical characteristics likely to be impacted by the proposed project (determined by field survey), best usage classifications, and water quality aspects of the water resources. Probable impacts to surface waters are also discussed, as well as means to minimize impacts. Impacts to the water resources will be calculated once detailed study alternatives are established. 2.4.1 Physical Characteristics of Surface Waters The majority of the proposed project is located within the Broad River Basin, DWQ subbasin 030802 (USGS 8-digit Hydrological Unit 03050105). The major tributary within the project area, in this subbasin, is the Second Broad River. The northern end of the project area is located in the Catawba River Basin, DWQ subbasin 030830 (USGS 8-digit Hydrological Unit 03050101). The major tributary within this section of the project area is North Muddy Creek. Seventy-eight intermittent/perennial surface waters are located in the project area. These include eighteen unnamed tributaries to Mountain Creek, Cathey's Creek and ten Buck Engineering October 2003 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E unnamed tributaries to Cathy's Creek, three unnamed tributaries to Cherry Creek, Stoney Creek, Rockhouse Creek (two crossings), Scrub Grass Branch, Second Broad River and twenty-four unnamed tributaries to the Second Broad River, three unnamed tributaries to Stanfords Creek, Goose Creek and one unnamed tributary to Goose Creek, North Muddy Creek and four unnamed tributaries to North Muddy Creek, one unnamed tributary to Hick's Branch, Youngs Fork and five unnamed tributaries to Youngs Fork. The streams are listed in Table 2 and their locations are illustrated in Figure 2. Table 2. Physical Characteristics of Streams within the Project Area Average Average Stream Stream Stream NCDWQ Channel Channel Benthic Substrate Best Usage No Name Index No. Width in Depth in Composition Classification Inches 1 UT to Mountain 9-41-12-6- 4 1 Boulder, Cobble, WS-V Creek (0* Gravel, Sand 2 UT to Mountain 9-41-12-6- 4 1 Cobble, Gravel, WS-V Creek (0* Sand, Clay 3 UT to Mountain 9-41-12-6- 4 1 Cobble, Gravel, WS-V Creek (0* Sand, Clay 4 UT to Mountain 9-41-12-6- 4 1 Cobble, Gravel, WS-V Creek (0* Sand, Clay 5 UT to Mountain 9-41-12-6- 4 1 Cobble, Gravel, WS-V Creek (0* Sand, Clay 6 UT to Mountain 9-41-12-6- 3 1 Gravel, Sand, Clay WS-V Creek (0* 7 UT to Mountain 9-41-12-6- l 5-2.0 1 Sand, Clay WS-V Creek (0* 8 UT to Mountain 9-41-12-6- 2 1 Sand, Clay WS-V Creek (0* 9 UT to Mountain 9-41-12-6- 2 1 Sand, Clay WS-V Creek (0* 10 UT to Mountain 9-41-12-6- 2 1 Sand, Clay WS-V Creek (0* 1 1 UT to Mountain 9-41-12-6- 2 1 Sand, Clay WS-V Creek (0* 12 UT to Mountain 9-41-12-6- 4 1 Cobble, Gravel, WS-V Creek (0* Sand 13 UT to Mountain 9-41-12-6- 2 1 Sand, Clay WS-V Creek (0* 14 UT to Mountain 9-41-12-6- 2 1 Sand, Clay WS-V Creek (0* 15 UT to Mountain 9-41-12-6- 2 1 Sand, Clay WS-V Creek (0* 16 UT to Mountain 9-41-12-6- 1.5 1 Sand, Clay WS-V Creek (0* 17 UT to Mountain 9-41-12-6- 2 1 Sand, Clay WS-V Creek (0* Buck Engineering October 2003 E Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E Average Average Stream Stream NCDWQ Channel Channel Benthic Substrate Best Usage No. Name Index No. Width in Depth in Composition Classification Feet Inches 18 UT to Mountain 9-41-12-6- 3-4 1 Sand, ClayWS-V Creek (1)* 19 UT to Cathey's 9-41-13- 2 1 Sand, Clay WS-V Creek (0.5)* 20 UT to Cathey's 9-41-13- 2-6 2 Cobble, Gravel, WS-V Creek (0.5)* Sand 21 Cathey's Creek 9-41-13- 30 8 Cobble, Gravel, WS-V (0.5) Sand 22 UT to Cathey's 9-41-13- 3 4 1 Cobble, Gravel, WS-V Creek (0.5)* Sand 23 UT to Cathey's 9-41-13- 2 3 1 Cobble, Gravel, WS-V Creek (0.5)* Sand, Clay 24 UT to Cherry 9-41-13-5* 1.5 1 Gravel, Sand, Clay WS-V Creek 25 UT to Cherry 9-41-13-5* 2.5 1 Sand, Clay WS-V Creek 26 UT to Cherry 9-41-13-5* 1.5 1 Sand, Clay WS-V Creek 27 UT to Cathey's 9-41-13- 2-3 1 Sand WS-V Creek (0.5)* 28 UT to Cathey's 9-41-13- 1-1.5 0.5 Sand WS-V Creek (0.5)* 29 UT to Cathey's 9-41-13- 2.5-3 1 Sand, Clay WS-V Creek (0.5)* 30 UT to Cathey's 9-41-13- 1.5-2 1 Sand, Clay, Silt WS-V Creek (0.5)* 31 UT to Cathey's 9-41-13- 2 1 Sand, Clay WS-V Creek (0.5)* 32 UT to Cathey's 9-41-13- 2 1 Sand, Clay WS-V Creek (0.5)* 33 UT to Second 9-41-(0.5)* 3 1 Gravel, Sand WS-V Broad River 34 UT to Second 9-41-(0.5)* 3 1 Sand, Silt WS-V Broad River 35 UT to Second 9-41-(0.5)* 2 1 Sand, Clay WS-V Broad River 36 UT to Second 9-41-(0.5)* 1.5 1 Sand, Clay WS-V Broad River 37 UT to Second 9-41-(0.5)* 4 1 Cobble, Gravel, WS-V Broad River Sand 38 Stoney Creek 9-41-9 12 6 Bedrock, Cobble, WS-V Gravel, Sand Buck Engineering October 2003 WE Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 ME Average Average Stream Stream NCDWQ Channel Channel Benthic Substrate Best Usage No. Name Index No. Width in Depth in Composition Classification Feet Inches 39 UT to Second 9-41-(0.5)* 1 1 Cobble, Gravel, WS-V Broad River Sand 40 UT to Second 9-41-(0.5)* 6 6 Sand, Silt WS-V Broad River 41 UT to Second 9-41-(0.5)* 1 1 Sand WS-V Broad River 42 UT to Second 9-41-(0.5)* 1 1 Sand WS-V Broad River 43 Rockhouse Creek 9-41-8-1 3 2 Cobble, Gravel, WS-V and 44 Rockhouse Creek 9-41-8-1 6 2 Cobble, Gravel, WS-V and 45 UT to Second 9-41-(0.5)* 2-3 1 Bedrock Boulder, WS-V Broad River Sand 46 UT to Second 9-41-(0.5)* 2 1 Bedrock, Boulder, WS-V Broad River Sand 47 UT to Second 9-41-(0.5)* 2 0.5 Cobble, Gravel, WS-V Broad River Sand 48 UT to Second 9-41-(0.5)* 3 1 Gravel, Sand WS-V Broad River 49 UT to Second 9-41-(0.5)* 3-4 1 Boulder, Cobble, WS-V Broad River Gravel, Sand 50 UT to Second 9-41-(0.5)* 2 1 Boulder, Cobble, WS-V Broad River Gravel, Sand 51 Scrub Grass 9-41-6 12 6 Cobble, Gravel, WS-V Branch Sand 52 UT to Second 9-41-(0.5)* 1.5 1 Sand, Gravel WS-V Broad River 53 UT to Second 9-41-(0.5)* 2-3 1 Cobble, Gravel, WS-V Broad River Sand UT to Second Bedrock, Boulder, 54 Broad River 9-41-(0.5)* 10 2.5 Cobble, Gravel, WS-V Sand 55 Second Broad 9-41-(0.5) 25 8 Boulder Cobble WS-V River Sand, Gravel 56 UT to Second 9-41-(0.5)* 2 1 Cobble, Gravel, WS-V Broad River Sand UT to Second Bedrock, Boulder, 57 Broad River 9-41-(0.5)* 15 4 Cobble, Gravel, WS-V Sand 58 UT to Second 9-41-(0.5)* 3-4 1 Boulder, Cobble, WS-V Broad River Gravel, Sand Buck Engineering October 2003 11 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E Average Average Stream Stream NCDWQ Channel Channel Benthic Substrate Best Usage No. Name Index No. Width in Depth in Composition Classification Feet Inches UT to Second Boulder, Cobble, 59 Broad River 9-41-(0.5)* 3 1 Gravel, Sand WS-V 60 UT to Second 9-41-(0.5)* 15 30 Sand WS-V Broad River 61 UT to Second 9-41-(0.5)* 1 1 Sand WS-V Broad River 62 UT to 11-32-1-2- 1.5 1 Gravel, Sand C Stanfords Creek 1* 63 UT to 11-32-1-2- 2 1 Gravel, Sand C Stanfords Creek 1* 64 UT to 11-32-1-2- 1-1.5 1 Sand C Stanfords Creek 1* 65 Goose Creek 11-32-1-2 12 3 Cobble, Gravel,C Sand 66 UT to 11-32-1-2* 2 1 Sand, Silt C Goose Creek UT to 67 North Muddy 11-32-1* 3-4 1 Gravel, Sand C Creek UT to 68 North Muddy 11-32-1 * 2 1 Gravel, Sand C Creek 69 North Muddy 11-32-1 15 6 Boulder, Cobble, C Creek Gravel, Sand UT to Cobble, Gravel, 70 North Muddy 11-32-1* 4 1 Sand C Creek UT to 71 North Muddy 11-32-1 * 1.5 1 Gravel, Sand C Creek 72 UT to 11-32-1-1 * 5 2 Cobble, Gravel, C Hicks Branch Sand 73 UT to 11-32-1-4* 1.5-2 1 Gravel, Sand C Youngs Fork 74 UT to 11-32-1-4* 5 2 Cobble, Gravel, C Youngs Fork Sand 75 UT to 11-32-1-4* 8 3-4 Boulder, Cobble, C Youngs Fork Gravel, Sand 76 UT to 11-32-1-4* 4-5 2 Cobble, Gravel, C Youngs Fork Sand 77 UT to 11-32-1-4* 3 2 Piped, Gravel, Sand C Youngs Fork Buck Engineering October 2003 12 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E Average Average Stream Stream NCDWQ Channel Channel Benthic Substrate Best Usage No. Name Index No. Width in Depth in Composition Classification Feet Inches 78 Youngs Fork 11-32-1-4 15-20 g Boulder, Cobble, C Gravel, Sand Note: * Unnamed tributaries (UT) carry the same surface water classification as the water body into which they empty. 2.4.2 Best Usage Classification Surface waters in North Carolina are assigned a classification by the DWQ that is designed to maintain, protect, and enhance water quality within the state. The project area is located within the Broad River (Second Broad River) and Catawba (North Muddy Creek) watersheds. The Second Broad River and its tributaries within the project area are classified as Class WS-V (Water Supply V) water bodies (NCDENR, 2000). Class WS-V waters have no categorical restrictions on watershed development or wastewater dischargers like other WS classifications, and local governments are not required to adopt watershed protection ordinances. North Muddy Creek and its tributaries are classified as Class C water bodies. Class C water resources are used for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. There are no restrictions on watershed development activities. No waters classified as High Quality Water (HQW), Water Supplies (WS-I or WS-II) or Outstanding Resource Waters (ORW) occur within 1.0 mile of the project study area. 2.4.3 Water Quality This section describes the water quality of the water resources within the project area. Potential impacts to water quality from point and non -point sources are evaluated. Water quality assessments are based upon published resource information and field study observations. 2.4.3.1 Basinwide Assessment Report The DWQ has initiated a basinwide approach to water quality management for each of the 17 river basins within the state. The Environmental Sciences Branch within the Water Quality Section of the DWQ collects biological and physical data for use in basinwide assessment and planning. River basins are reassessed every five years. The Basinwide Assessment Program assesses water quality by sampling for benthic macroinvertebrate (benthos) organisms throughout North Carolina. The monitoring sites will vary according to needs assessed for a particular basin. Monitoring of benthos is conducted concurrently Buck Engineering October 2003 13 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 ME with monitoring of physical parameters in preparation for wastewater discharger permit renewals for specific basins. Benthic macroinvertebrates Buck Engineering October 2003 14 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 ME Buck Engineering October 2003 15 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 ME Buck Engineering October 2003 10 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 ME Buck Engineering October 2003 17 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 ME Buck Engineering October 2003 IN Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E are important indicator organisms and are sensitive to subtle changes in water quality; thus, the species richness and overall biomass of these organisms are reflections of water quality. The streams within the project area have not been sampled as part of this monitoring program. However, some of the streams have been sampled downstream of the project area. These streams include Mountain Creek, Cathey's Creek and Second Broad River (4 stations). The water quality of these streams ranged from Fair to Good based on ratings in August 2000. No streams within the project area are listed on the DWQ 303d list of impaired streams. 2.4.3.2 Point Source Discharge Permits Point source discharges in North Carolina are permitted through the National Pollutant Discharge Elimination System (NPDES) program administered by the DWQ. All dischargers are required to obtain a permit to discharge. No permitted dischargers are located in or upstream of the project area. Glenwood Elementary School, a minor permitted discharger located near the northern end of the project, discharges to Goose Creek downstream of the project area. 2.4.4 Summary of Anticipated Impacts Widening US 221 will affect many named streams and unnamed tributaries. Impacts to water resources in the project area are likely to result from activities associated with project construction, such as clearing and grubbing on streambanks, riparian canopy removal, instream construction, extending or replacing existing pipes and culverts, bridge replacement, fertilizers and pesticides in revegetation, and pavement installation. The following impacts to surface water resources are likely to result from the above - mentioned construction activities: oo Increased sedimentation and siltation downstream of the crossing and increased erosion in the project area. oo Changes in light incidence and water clarity due to increased sedimentation and vegetation removal. oo Alteration of water levels and flows due to interruptions and/or additions to surface and groundwater flow from construction. oo Changes in and destabilization of water temperature due to vegetation removal. oo Increased nutrient loading during construction via runoff from exposed areas. oo Increased concentrations of toxic compounds in roadway runoff. oo Increased potential for release of toxic compounds such as fuel and oil from construction equipment and other vehicles. oo Alteration of stream discharge due to silt loading and changes in surface and groundwater drainage patterns. Buck Engineering October 2003 19 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E 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 need to be strictly enforced during the construction phase of the project. Limiting instream activities and revegetating streambanks immediately following the completion of grading can further reduce impacts. 3.0 BIOTIC RESOURCES Terrestrial and aquatic communities are included in the description of biotic resources. Living systems described in the following sections include communities of associated plants and animals. These descriptions refer to the dominant flora and fauna in each community and the relationships of these biotic components. Descriptions of the terrestrial systems are presented in the context of plant community classifications. Representative animal species that are likely to occur in these habitats (based on published range distributions) are also cited. Scientific nomenclature and common names (when applicable) are used for the plant and animal species described. Subsequent references to the same species are by the common name only. 3.1 Terrestrial Communities Most of the US 221 improvement project area is comprised of forested communities. The forest communities are generally classified as upland forest and floodplain forest. The forest community boundaries, however, are not well defined between each distinct community. A maintained community located along roadsides, low residential areas, and pastures also exists within the project area. 3.1.1 Upland Forest Signs of logging within the last 25 to 40 years were evident along most reaches of the project area. This community is dominated by white oak (Quercus alba), northern red oak (Quercus rubra), southern red oak (Quercus falcata), hickories (Carya spp.), tulip poplar (Liriodendron tulipifera), American beech (Fagus grandifolia), blackgum (Nyssa sylvatica), black locust (Robinia pseudoacacia), red maple (Acer rubrum), white pine (Pinus strobus), pitch pine (Pinus rigida), and Virginia pine (Pinus virginiana). The understory plants include flowering dogwood (Cornus florida), sourwood (Oxydendrum arboreum), redbud (Cercis canadensis), sassafras (Sassafras albidens), blueberry (Vaccinium spp.), Christmas fern (Polystichum acrostichoides), foamflower (Tiarella cordifolia), may -apple (Podophyllum peltatum), mapleleaf arrowwood (Viburnum acerifolium) poison ivy (Toxicodendron radicans), and greenbrier (Smilax spp.). Rhododendron (Rhododendron spp.), mountain laurel (Kalmia latifolia), and eastern hemlock (Tsuga canadensis) were present along the northern portion of the project area. Most of the upland forest community closely represents the Dry-Mesic Oak -Hickory Forest natural community as described by Schafale and Weakley (1990). Along the lower slopes where American beech was prevalent, the community transitions into a Mesic Buck Engineering October 2003 ME Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E Mixed Hardwood Forest natural community described by Schafale and Weakley (1990). The northern section of the project area consisting of eastern hemlock, rhododendron, and mountain laurel resembles an Acidic Cove Forest as described by Schafale and Weakley (1990). 3.1.2 Floodplain Forest This community is located on floodplains adjacent to streams. Sections of this community showed signs of recent logging or clearing. Dominant canopy trees include American sycamore (Platanus occidentalis), green ash (Fraxinus pennsylvanica), red maple, tulip poplar, river birch (Betula nigra), and black willow (Salix nigra). Understory plants include tag alder (Alnus serrulata), hornbeam (Carpinus caroliniana), black cherry (Prunus serotina), spicebush (Lindera benzoin), silky dogwood (Cornus amomum), Chinese privet (Ligustrum sinense), greenbrier, honeysuckle (Lonicera japonica), blackberry (Rubus spp.), red mulberry (Morus rubra), giant cane (Arundinaria gigantea), Japanese grass (Microstegium vimineum), poison ivy, wild grape (Vitis spp.) and Christmas fern. Yellowroot (Xanthorhiza simplicissima), rhododendron, eastern hemlock, highland doghobble (Leucothoe fontanesiana), wild hydrangea (Hydrangea arborescens) and witch -hazel (Hamamelis virginiana) were present in some sections of the Second Broad River watershed. The floodplain forest community corresponds to the Piedmont/Low Mountain Alluvial Forest and Montane Alluvial Forest natural communities as described in Schafale and Weakley (1990). 3.1.3 Maintained/Disturbed Community This community encompasses habitats that have recently been or are currently impacted by human disturbance, such as landscaped lawns, maintained roadside right-of-ways, and pasture land. Because of mowing and periodic clearing, this community is kept in a constant state of early succession. This community is made up of a diverse community of grasses, herbs, and vines including fescue (Festuca spp.), panic grasses (Panicum spp.), goldenrod (Solidago spp.), ragweed (Ambrosia artemisiifolia), Heal-all (Prunella spp.), sunflowers (Helianthus spp.), coreopsis (Coreopsis spp.), beggar ticks (Bidens spp.), tick -trefoils (Desmodium spp.), partridge pea (Cassia fasciculata), Queen Anne's Lace (Daucus carota), Japanese honeysuckle, poison ivy, Virginia creeper (Parthenocissus quinquefolia), wild grape, asters (Aster spp.), morning glory (Ipomoea spp.), and trumpet creeper (Campsis radicans). Transitions of this community with other communities (upland forest and floodplain forest) also exist. 3.2 Wildlife Maintained/disturbed communities adjacent to forested tracts provide rich ecotones for foraging, while the forests provide forage and cover. Common mammals and birds associated with ecotones and forest communities are least shrew (Crypototis parva), southern short -tailed shrew (Blarina carolinensis), hispid cottonrat (Sigmodon hispidus), Buck Engineering October 2003 21 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E eastern cottontail rabbit (Sylvilagus floridanus), raccoon (Procyon lotor), gray squirrel (Sciurus carolinensis), white-tailed deer (Odocoileus virginianus), Virginia opossum (Didelphis virginiana), striped skunk (Mephitis mephitis), Northern mockingbird (Mimus polyglottos), northern cardinal (Cardinalis cardinalis), Carolina chickadee (Poecile carolinensis), tufted titmouse (Baeolophus bicolor), European starling (Sturnus vulgaris), and common grackle (Quiscalus quiscula). The project area may be host to a variety of summer residents including red -eyed vireo (Vireo olivaceous), black -and -white warbler (Mniotilta varia), hooded warbler (Wilsonia citrina), scarlet tanager (Piranga olivacea), and Swainson's warbler (Limnothlypis swainsonii). Game birds and other non -song birds that inhabit the area include ruffed grouse (Bonasa umbellus), wild turkey (Meleagris gallopavo), wood duck (Aix sponsa), American woodcock (Phillohela minor), and various woodpeckers. Reptiles likely to be found in the study area include the five -lined skink (Eumeces fasciatus), broadhead skink (E. laticeps), eastern box turtle (Terrapene carolina), black rat snake (Elaphe obsoleta), ring -neck snake (Diadophus punctatus), garter snake (Thamnophis sirtalis), rough green snake (Opheodrys aestivus), timber rattlesnake (Crotalus horridus), and copperhead (Agkistrodon contortix). The streams in the area provide breeding opportunities for many amphibians. Common amphibian residents in the project area may include northern dusky salamander (Desmognathus fuscus), blackbelly salamander (D. quadramaculatus), two -lined salamander (Eurycea bislineata), redback salamander (Plethodon cinereus), slimy salamander (P. glutinosus), eastern newt (Notophthalmus viridescens), spring salamander (Gyrinophilus porphyritus), red salamander (Pseudotriton Tuber), upland chorus frog (Pseudacris triseriata), bullfrog (Rana catesbeiana), green frog (R. clamitans), pickerel frog (R. palustris), wood frog (R. sylvatica), American toad (Bufo americanus), Fowler's toad (B. woodhousei), and spring peeper (Hyla crucifer). The streams within the project area appear to support a variety of benthic macroinvertebrates including mayflies, stoneflies, caddisflies, dragonflies, damselflies, beetles, midgeflies, craneflies, and crayfish. The DWQ data collected downstream of the project area exhibited a fairly high diversity of these organisms. Based upon the DWQ fish data collected downstream (North Muddy Creek, Cathey's Creek, and Second Broad River) of the project area, common fish species in the larger creeks within the project area may include darters (Etheostoma spp.), shiners (Notropis spp., Cyprinella spp., Percina spp.), sunfishes (Lepomis spp.), bluehead chub (Nocomis leptocephalus), central stoneroller (Campostoma anomalum), Rosyside dace (Clinostomus funduloides), white sucker (Catostomus commersoni), silver redhorse (Moxostoma anisurum), striped jumprock (Scartomyzon rupiscartes), bullheads (Ameirus spp.), margined madtom (Noturus insignis), smallmouth bass (Micropterus dolomieui), and largemouth bass (Micropterus salmoides). Buck Engineering October 2003 22 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 ME 3.3 Summary of Anticipated Impacts Project construction will have various impacts to the previously described terrestrial communities. Any construction activities in or near these resources have the potential to impact biological functions. This section quantifies and qualifies potential impacts to the natural communities within the project area in terms of the area impacted and the plants and animals affected. Temporary and permanent impacts are considered here along with recommendations to minimize or eliminate impacts. 3.3.1 Terrestrial Communities Terrestrial communities in the project area will be impacted permanently by project construction from clearing and paving and loss of the terrestrial community area. However, project construction often does not require the entire right-of-way; therefore, actual impacts may be considerably less. Impacts to the terrestrial communities will be calculated once detailed study alternatives are established. Destruction of natural communities within the project area will result in the loss of foraging and breeding habitats for the various animal species that utilize the area. Animal species will be displaced into surrounding communities. Adult birds, mammals, and some reptiles are mobile enough to avoid mortality during construction. Young animals and less mobile species may suffer direct loss during construction. 3.3.2 Aquatic Communities Aquatic habitat in the study area will be both directly and indirectly affected by the construction of the project. Direct impacts will include the destruction of habitat by the placement of culverts at stream crossings. Impacts to aquatic communities include fluctuations in water temperatures as a result of the loss of riparian vegetation. Shelter and food resources, both in the aquatic and terrestrial portions of these organisms' life cycles, will be affected by losses in the terrestrial communities. The loss of aquatic plants and animals will affect terrestrial fauna, which rely on them as a food source. Temporary and permanent impacts to aquatic organisms may result from increased sedimentation. Aquatic invertebrates may drift downstream during construction and recolonize the disturbed area once it has been stabilized. Sediments have the potential to affect fish and other aquatic life in several ways, including the clogging and abrading of gills and other respiratory surfaces, affecting the habitat by scouring and filling of pools and riffles, altering water chemistry, and smothering different life stages. Increased sedimentation may cause decreased light penetration through an increase in turbidity. Dissolved oxygen rates may be lower as well due to the influx of organic materials and increase in water temperature. Buck Engineering October 2003 23 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E Construction of this project should comply with the smallmouth bass moratorium established by the North Carolina Wildlife Resources Commission (WRC). The instream work and land disturbance within the 25-foot buffer moratorium runs from May 1 to July 15. Both Rutherford and McDowell Counties are also trout counties, which may be subject to a trout moratorium established by the WRC. However, the streams in the project area do not appear to support trout (personal conversation with the WRC on September 13, 2002) and therefore, will not be subject to a trout moratorium during project construction. 3.3.3 Recommendations to Minimize Impacts Measures to minimize terrestrial and aquatic impacts should include: oo Strict enforcement of Best Management Practices (BMPs) to control sedimentation during project construction. oo Minimizing clearing and grubbing activity. oo Limiting or eliminating discharges into streams. oo Reduction of fill slopes at stream/wetland crossings. oo Sensitive placement of drainage structures. oo Use of spanning structures or bottomless culverts over streams. oo Reestablishment of vegetation on exposed areas, with judicious pesticide and herbicide management. oo Scheduling "in -stream" activity during dry or low flow periods. oo Use of responsible litter control practices. 4.0 JURISDICTIONAL TOPICS This section provides inventories and impact analyses for two federal and state regulatory issues: "Waters of the United States" and rare and protected species. 4.1 Waters of the United States Wetlands and surface waters fall under the broad category of "Waters of the United States" as defined in 33 CFR § 328.3 and in accordance with provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344). These waters are regulated by the U.S. Army Corps of Engineers (USACE). Any action that proposes to dredge or place fill material into surface waters or wetlands is subject to these provisions. 4.1.1 Characteristics of Wetlands and Surface Waters Table 2 lists and describes the physical characteristics of all surface waters within project area. A total of 78 streams are located within the project area. Buck Engineering October 2003 24 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E Wetlands within the project area that are shown on the NWI map (Glenwood, NC quad) all lie within the Second Broad River's floodplain, east of the railroad tracks. These wetlands are described as "palustrine forested, broad-leaved deciduous, temporarily flooded (PFOIA)" according to Cowardin's (1979) classification. Wetlands shown on the NWI map may not meet "jurisdictional" status according to the USACE Wetlands Delineation Manual (1987). Criteria to delineate jurisdictional wetlands include evidence of hydric soils, hydrophytic vegetation, and hydrology. No impacts to these wetlands are anticipated since impacts to the railroad system are not being considered. Two wetlands delineated within the project area in Rutherford County lie along perennial streams (see Figure 2, Sheet 2). These wetlands are not shown on the NWI map. Wetland 1 appears to be a remnant of an artificial impoundment at the confluence of Stream Nos. 29 and 30, both unnamed tributaries to Cathey's Creek. It is approximately 0.13 acres in size. Dominant vegetation for Wetland 1 consists of green ash, red maple, wild raisin (Viburnum nudum), tag alder, Chinese privet, water primrose (Ludwidgia spp), Japanese grass, sensitive fern (Onoclea sensibilus), sedge (Carex spp.), and soft rush (Juncus effusus). Wetland 1 exhibits wetland hydrology indicators including inundation, distinctive wetland pattern, and water -stained leaves. Soils, recorded as 10YR4/2 for the matrix, exhibits hydric soil indicators including low chroma color and aquic moisture regime. The DWQ wetland rating for Wetland 1 is 68 out of a possible 100. Wetland 2 is located approximately 0.5 miles north of Wetland 1 and is adjacent to Stream No. 34, an unnamed tributary to the Second Broad River. It is a headwater forest approximately 0.03 acres in size. Dominant vegetation for Wetland 2 includes green ash, red maple, hornbeam, sedge, and Virginia creeper. Wetland 2 exhibits wetland hydrology indicators including saturation in upper 12 inches, water marks, sediment deposits, and distinctive wetland drainage patterns. Soils, recorded as 10YR4/1 for the matrix, exhibits hydric soil indicators including low chroma color and aquic moisture regime. The DWQ wetland rating for Wetland 2 is 55 out of a possible 100. 4.1.2 Permits Due to the placement of fill associated with stream crossings over jurisdictional surface waters (i.e. wetlands and surface waters), it will be necessary to obtain permits from the USACE and the DWQ. A final permitting strategy cannot be developed until an alignment footprint has been determined, and construction impacts are quantified. Section 401 of the Clean Water Act (CWA) requires each state to certify that state water quality standards will not be violated for activities which either involve issuance of a federal permit or license or require discharges to Waters of the United States. The USACE cannot issue a Section 404 permit until a 401 certification is issued. Therefore, NCDOT must apply to the DWQ for 401 Water Quality Certification as part of the permit process. If impacts are less than 150 linear feet of stream and less than 0.33 acres of wetland, a General 401 Certification applies. However, if impacts are greater than these Buck Engineering October 2003 25 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E thresholds, the DWQ will have independent authority above USACE regulations to require mitigation. 4.1.3 Avoidance, Minimization, Mitigation The USACE has adopted, through the Council on Environmental Quality (CEQ), a wetland mitigation policy which embraces the concepts of "no net loss of wetland" and sequencing. The purpose of this policy is to restore and maintain the physical, chemical and biological integrity of "Waters of the United States," specifically wetlands. Mitigation of wetland impacts has been defined by the CEQ to include: avoidance of 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 in sequential order. Avoidance examines all appropriate and practicable possibilities of averting impacts to "Waters of the United States." According to a 1990 Memorandum of Agreement (MOA) between the US Environmental Protection Agency (EPA) and the USACE, "appropriate and practicable" measures to offset unavoidable impacts must be determined. 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. Some unavoidable impacts to surface waters and wetlands will result from roadfill and stream crossings. Minimization includes the examination of appropriate and practicable steps to reduce 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 of median widths, right-of-way widths, and/or fill slopes. Compensatory mitigation is not normally considered until anticipated impacts to "Waters of the United States" have been avoided and minimized to maximum extent practicable. It is recognized that "no net loss of wetlands" functions and values may not be achieved in every permit action. Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts that remain after all appropriate and practicable minimization has been achieved. Compensatory actions often include restoration, creation, enhancement, and preservation of "Waters of the United States," specifically wetlands. Such actions should be undertaken in areas adjacent to or contiguous to the discharge site if practicable. 4.2 Rare and Protected Species Some populations of plants and animals are declining either as a result of natural forces or their difficulty competing with humans for resources. Rare and protected species listed Buck Engineering October 2003 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E for Rutherford and McDowell counties, and any likely impacts to these species as a result of the proposed project construction, are discussed in the following sections. 4.2.1 Species Under Federal Protection Plants and animals with a federal classification 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. The USFWS lists species under federal protection for McDowell (4 species) and Rutherford (5 species) counties as of January 29, 2003 (USFWS, 2003). These species are listed in Table 3. Table 3. Species Under Federal Protection in Rutherford and McDowell Counties Scientific Name Common Name Status County Biological 0011 Conclusion Clemmys muhlenbergii Bog turtle T (S/A) McDowell N/A Gymnoderma lineare Rock gnome lichen E Rutherford No Effect Haliaeetus leucocephalus Bald eagle T (PD) McDowell No Effect Hexastylis naniflora Dwarf -flowered T Rutherford Unresolved heartleaf Hudsonia montana Mountain golden T McDowell No Effect heather Isotria medeoloides Small whorled .I. McDowell, Unresolved pogonia Rutherford Myotis sodalis Indiana bat E Rutherford No Effect Sisyrinchium dichotomum White irisette E Rutherford Unresolved Notes: oo "B - Endangered" denotes a species in danger of extinction throughout all or a significant portion of its range. oo "T - Threatened" denotes a species likely to become endangered in the foreseeable future throughout all or a significant portion of its range. oo "S/A - Similarity of Appearance" denotes a species that closely resembles in appearance to an endangered or threatened species that enforcement personnel would have substantial difficulty in differentiating between the listed and unlisted species. The southern population of the bog turtle is listed as T (S/A) due to Similarity of Appearance with the northern population of the bog turtle (which is federally listed as Threatened and which does not occur in North Carolina). oo "PD - Proposed for delisting" denotes a species that has been proposed by the USFWS for delisting from the list of federally endangered and threatened wildlife. However, at the present time, the species is still on the list of endangered and threatened wildlife and is thus protected under the ESA. A brief description of the characteristics and habitat requirements of each species follows, along with a conclusion regarding potential project impact. Buck Engineering October 2003 27 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E Clemmys muhlenbergii (Bog turtle) Federal Status: Threatened Due to Similar Appearance Animal Family: Emydidae Date Listed: November 4, 1997 Bog turtles are small (3 to 4.5 inches) turtles with a weakly keeled carapace (upper shell) that ranges from light brown to ebony in color. The species is readily distinguished from other turtles by a large, conspicuous bright orange to yellow blotch on each side of its head. Bog turtles are semi -aquatic and are only infrequently active above their muddy habitats during specific times of year and temperature ranges. They can be found during the mating season from June to July and at other times from April to October when the humidity is high, such as after a rain event, and temperatures are in the seventies. Bog turtle habitat consists of bogs, swamps, marshy meadows, and other wet environments, specifically those that have soft muddy bottoms. The southern populations of bog turtles (VA, TN, NC, SC, and GA) are listed as threatened due to similar appearance to northern bog turtles that are listed as threatened. The southern bog turtle population is not fully protected under the ESA, but may not be possessed, sold, traded, or collected. In the northern states (CT, DE, MA, MD, NJ, NY, and PA) bog turtles are fully protected under the ESA (USFWS, 2002a). The NHP files indicate a known population of bog turtles (first recorded in May 1993) in a marshy meadow or degraded Southern Appalachian bog ("Vein Mountain Meadow Bog") adjacent to Second Broad River and SR 1781 in McDowell County approximately 0.5 mile (0.8 kilometer) south of SR 1802 junction. Dennis Herman of the NC Museum of Natural Sciences stated that this is a known reproducing population. He said that these turtles are utilizing the Second Broad River floodplain near the project area. He also stated that transient bog turtles may use stream corridors, roadside ditches, and even travel overland in dispersal route (personal communication with Dennis Herman on June 19, 2002). As more detailed design information becomes available, more intensive surveys for the bog turtle may be recommended in the Second Broad River floodplain area adjacent to the project area. A Biological Conclusion is not required since T (S/A) species are not afforded full protection under the ESA. Gymnoderma lineare (Rock gnome lichen) Federal Status: Endangered Lichen Family: Cladoniaceae Date Listed: January 18, 1995 Rock gnome lichen is a squamulose lichen of the reindeer moss family. This species is the only member of its genus occurring in North America. It occurs in small, dense colonies of narrow, strappy, leaf -like pads. These strap -like lobes are usually blue -gray on Buck Engineering October 2003 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E the upper surface and generally shiny white on the lower surfaces. The fruiting -bodies are borne at the tips of the strap -like lobes and are black, in contrast to the red to brown fruiting -bodies of other reindeer moss lichens. These lichens fruit from July through September. The rock gnome lichen is endemic to the southern Appalachian Mountains of North Carolina and Tennessee. They primarily inhabit vertical rock faces in areas of high humidity such as river gorges or areas frequently bathed in fog. Most populations occur above an elevation of 5000 feet (Russo, 2000). Buck Engineering October 2003 Wt Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E Biological Conclusion: No Effect The study area lacks high humidity environments such as deep river gorges or other seepy wet rock faces. The highest elevation in the study area is approximately 1432 feet, well below the elevations preferred by this species. A search of the NHP database of rare species and unique habitats, conducted on May 30, 2003, shows no occurrences of this species in the project areas. Therefore, no impacts to this species are anticipated during the project construction. Haliaeetus leucocephalus (Bald eagle) Federal Status: Threatened (Proposed for Delisting) Animal Family: Accipitridae Federally Listed: March 11, 1967 Adult bald eagles can be identified by their large white head and short white tail. The body plumage is dark -brown to chocolate -brown in color. In flight bald eagles can be identified by their flat wing soar. Eagle nests are found in close proximity to water (within 0.5 mile) with a clear flight path to the water, in the largest living tree in an area, and having an open view of the surrounding land. Human disturbance can cause an eagle to abandon otherwise suitable habitat. The breeding season for the bald eagle begins in December or January. Fish are the major food source for bald eagles. Other sources include coots, herons, and wounded ducks. Food may be live or carrion. Biological Conclusion: No Effect No suitable habitat exists for the bald eagle within the project area. A search of the NHP database of rare species and unique habitats, conducted on May 30, 2003, shows no occurrences of this species in the project area. Therefore, no impacts to this species are anticipated during the project construction. Hexastylis naniflora (Dwarf -flowered heartleaf) Federal Status: Threatened Plant Family: Aristolochiaceae Federally Listed: April 14, 1989 Dwarf -flowered heartleaf is a low -growing, spicy -smelling, evergreen perennial herb. Leaves are heart -shaped, alternate, leathery, untoothed, and 1.6 to 2.4 inches wide. Each leaf is supported by a long, thin stalk, which rises directly from the subsurface rhizome. This species has the smallest flowers of any North American plant in the genus Hexastylis. The solitary flowers are fleshy, firm, grow at the end of the short stalks, and often are found under forest litter and leaves near the base of the leafstalks. Every year, each rhizome section produces one leaf, one flower, and a leaf scale. The flowers are jug - Buck Engineering October 2003 30 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E shaped, less than 0.4 inches long, and have a narrow sepal tube, ranging in color from brown to greenish or purple. Flowering occurs from mid -March to early June; fruiting begins in late May (Russo, 2000). This plant grows along bluffs and north -facing slopes, boggy areas along streams, and adjacent hillsides and ravines in rich deciduous forests. It is usually associated with mountain laurel or pawpaw and requires acidic, sandy loam soils. The species needs Pacolet, Madison gravelly sandy loam, or Musella fine sandy loam soils to grow and survive. Provided the soil type is right, the plant can survive in either dry or moderately moist habitat. For maximum flowering, the plant needs sunlight in early spring. Creekheads where shrubs are rare, and bluffs with light gaps are the habitat types most conducive to flowering and high seed production. Seed output is lowest in bluff populations with a lot of shade (USFWS, 2002b). Found in the upper piedmont regions of South Carolina and North Carolina, this species has 24 known populations in an eight -county area. North Carolina has one population in Catawba County, two in Lincoln County, and three populations each in Rutherford, Cleveland, and Burke Counties. Both of the Lincoln County sites are in serious trouble. One site may be lost, and the other has only 160 healthy plants. A third known Lincoln County site was destroyed. Rutherford County also supported another site, but it was eliminated by road construction. In addition to its known range, the plant may occur in isolated areas in northwestern Gaston County, western Iredell County, and Yadkin County, all in North Carolina (USFWS, 2002a). Biological Conclusion: Unresolved A search of the NHP database of rare species and unique habitats, conducted on May 30, 2003, shows no occurrences of this species in the project area. However, potential habitat does exist in the project area for the dwarf -flowered heartleaf. An intensive field survey needs to be conducted in April to early May to determine the presence of dwarf -flowered heartleaf in the project area. This survey needs to be conducted prior to the completion of the environmental document. Hudsonia montana (Mountain golden heather) Federal Status: Threatened Plant family: Cistaceae Federally Listed: October 20, 1980 Mountain Golden Heather is a low, needle -leaved shrub with yellow flowers and long - stalked fruit capsules. It usually grows in clumps of 4 to 8 inches across and about 6 inches high, and sometimes is seen in larger patches of a foot or two across. The plants have the general aspect of a big moss or a low juniper, but their branching is more open, their leaves are about 0.25 inches long, and the plant is often somewhat yellow -green in color, especially in shade. The leaves from previous years persist scale -like on the older Buck Engineering October 2003 31 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E branches. The flowers appear in early or mid -June, and are yellow, nearly an inch across, with five blunt -tipped petals and 20 to 30 stamens. The fruit capsules are on 0.5-inch stalks, roundish, and with three projecting points at the tips. These fruits often persist after opening, and may be seen at any time of the year. Mountain golden heather begins flowering in about its third year, and roots vegetatively at the edges once they form well- rounded clumps, after perhaps 10 years. Large, well -rooted clones may become fragmented into separate, self -maintaining plants. The majority of the existing plants appear to have developed in this manner (USFWS, 2002a). This plant is found only in Burke and McDowell Counties, North Carolina, at elevations of 2,800 to 4,000 feet. Originally discovered on Table Rock Mountain in 1816, Mountain golden heather has since been found at several other sites in Linville Gorge and on Woods Mountain. All sites are on public land within the Pisgah National Forest. Mountain golden heather is known from several localities within its range with the total number of plants possibly numbering 2,000 to 2,500. Monitoring is needed to determine if the plant's abundance may be cyclic (USFWS, 2002a). Mountain golden heather grows on exposed quartzite ledges in an ecotone between bare rock and Leiophyllum dominated heath balds that merge into pine/oak forest. The plant persists for some time in the partial shade of pines, but it appears less healthy than in open areas. Biological Conclusion: No Effect No potential habitat exists in the project area for the mountain golden heather. The known populations are found in elevations well above the project area elevations. Also no heath balds are present within the project area. A search of the NHP database of rare species and unique habitats, conducted on May 30, 2003, shows no occurrences of this species in the project area. Therefore, no impacts to this species are anticipated during the project construction. Isotria medeoloides (Small whorled pogonia) Federal Status: Threatened Plant Family: Orchidaceae Federally Listed: September 9, 1982 Small whorled pogonia is a small perennial member of the Orchidaceae. These plants arise from long slender roots with hollow stems terminating in a whorl of five or six light green leaves. The single flower is approximately one inch long, with yellowish -green to white petals and three longer green sepals. This orchid blooms in late spring from mid -May to mid -June. Populations of this plant are reported to have extended periods of dormancy and to bloom sporadically. This small spring ephemeral orchid is not observable outside of the spring growing season. When not in flower, young plants of Indian cucumber -root (Medeola virginiana) also resemble small whorled pogonia. Buck Engineering October 2003 32 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E However, the hollow stout stem of Isotria will separate it from the genus Medeola, which has a solid, more slender stem (USFWS 2002b). Small whorled pogonia may occur in young as well as maturing forests, but typically grows in open, dry deciduous woods and areas along streams with acidic soil. It also grows in rich, mesic woods in association with white pine and rhododendron (Russo, 2000). Biological Conclusion: Unresolved A search of the NHP database of rare species and unique habitats, conducted on May 30, 2003, shows no occurrences of this species in the project area. However, potential habitat does exist in the project area for the small whorled pogonia. An intensive field survey needs to be conducted in mid -May to June to determine the presence of small whorled pogonia in the project area. This survey needs to be conducted prior to the completion of the environmental document. Myotis sodalis (Indiana bat) Federal Status: Endangered Animal Family: Vespertilionidae Federally Listed: March 11, 1967 The Indiana bat is 3.5 inches long, with mouse -like ears, plain nose, dull grayish fur on the back and lighter cinnamon -brown fur on the belly. Its "wingspread" is 9.5 inches to 10.5 inches. From early October until late March and April, Indiana bats hibernate in large clusters of hundreds or even thousands of individuals in limestone caves and abandoned mines, usually near water. During summer the females establish maternity colonies of two dozen to several hundred individuals under the loose bark of dead and dying trees or shaggy -barked live trees like the shagbark hickory. Hollows in live or dead trees are also used. Most roost trees are usually exposed to the sun and are near water. Males and nonreproductive females typically roost singly or in small groups. Roost trees can be found within riparian areas, bottomland hardwoods and upland hardwoods (Russo, 2000). Biological Conclusion: No Effect A survey for the Indiana bat is not required within the project area, based upon an internal NCDOT memorandum dated July 2, 2002. A biological conclusion of No Effect was rendered after representatives from the NCDOT and the USFWS reviewed physical data including county listing, river basin information, and aerial photography for the project. Also, a search of the NHP database on May 30, 2003 found that no populations have been recorded in the project area. Buck Engineering October 2003 33 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E Sisyrinchium dichotomum (White irisette) Federal Status: Endangered Plant family: Iridaceae Federally Listed: September 26, 1991 White irisette is a perennial herb with branching stems 4 to 8 inches tall. Leaves at the base of the plant are pale to bluish green and grow to one-third to one-half the height of the plant. The flowers are tiny, occurring in clusters of four to six at the tops of winged stems. Flowering occurs from late May to July. The fruit is a pale to medium brown capsule containing three to six rounded black seeds (Russo, 2000). White irisette is endemic to the upper piedmont of North and South Carolina. It is currently known from four populations in North Carolina and one in South Carolina. North Carolina's extant populations are in the following counties: Polk (six populations), Henderson (one population), and Rutherford (one population). The Greenville County, South Carolina, site is contiguous with one of the Polk County, North Carolina, sites. This species has apparently always been a narrow endemic, limited to an area in the Carolinas bounded by White Oak Mountain, Sugarloaf Mountain, Chimney Rock, and Melrose Mountain. Two of the remaining populations are within highway rights -of -way and a third is inside a commercial recreation area (USFWS, 2002a). White irisette occurs on rich, basic soils probably weathered from amphibolite. It grows in clearings and the edges of upland woods where the canopy is thin and often where down -slope runoff has removed much of the deep litter layer ordinarily present on these sites. The irisette is dependent on some form of disturbance to maintain the open quality of its habitat. Currently, artificial disturbances, such as power line and road right-of-way maintenance (where they are accomplished without herbicides and during a season that does not interfere with the reproductive cycle of this species), are maintaining some of the openings that may have been provided historically by native grazing animals and naturally occurring periodic fires (USFWS, 2002a). Biological Conclusion: Unresolved A search of the NHP database of rare species and unique habitats, conducted on May 30, 2003, shows no occurrences of this species in the project area. However, potential habitat does exist in the project area for the white irisette. An intensive field survey needs to be conducted in late May to July to determine the presence of white irisette in the project area. This survey needs to be conducted prior to the completion of the environmental document. 4.2.2 Federal Species of Concern and State Status Federal Species of Concern (FSC) are not legally protected under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are Buck Engineering October 2003 34 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E formally proposed or listed as Threatened or Endangered. Table 4 includes FSC species listed for Rutherford and McDowell Counties and their state classifications. Organisms that are listed as Endangered (E), Threatened (T), or Special Concern (SC) on the NHP list of Rare Plant and Animal Species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. However, the level of protection given to state -listed species does not apply to NCDOT activities. Table 4. Federal Species of Concern for Rutherford and McDowell Counties Scientific Name Common Name Counties NC Status Habitat Present Vertebrates Aneides aeneus Green salamander Rutherford E Yes Contopus borealis Olive -sided flycatcher McDowell SC No Dendroica cerulea Cerulean warbler McDowell, SR Yes Rutherford Myotis leibii Eastern small -footed Rutherford Sc No myotis Neotoma floridana Southern Appalachian McDowell, Sc Yes haematoreia woodrat Rutherford Neotoma magister Alleghany woodrat McDowell Sc Yes Pituophis melanoleucus Northern pine snake Rutherford Sc No melanoleucus Invertebrates Caecidotea carolinensis Bennett's Mill Cave McDowell SR No water slater Speyeria diana Diana fritillary McDowell SR Yes butterfly Plants Carex roanensis Roan sedge McDowell SR-T No Chelone cuthbertii Cuthbert's turtlehead McDowell SR-L Yes Delphinium exaltatum Tall larkspur McDowell E-SC Yes Hymenocallis coronaria Rocky shoal spider lily McDowell W3 Yes Buck Engineering October 2003 35 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E Scientific Name Common Name Counties NC Status Habitat Present Juglans cinerea Butternut McDowell, W5a Yes Rutherford Lilium grayii Gray's lily McDowell T-SC Yes Monotropsis odorata Sweet pinesap McDowell, SR-T Yes Rutherford Saxifraga caroliniana Carolina saxifrage Rutherford SR-T Yes Senecio millefolium Divided -leaf ragwort Rutherford T Yes Shortia galacifolia var. Northern oconee-bells McDowell E-SC Yes brevistyla Silene ovata Mountain catchfly Rutherford SR-T Yes Solidago simulans Granite dome Rutherford SR-L No goldenrod Notes: E An Endangered species is one whose continued existence as a viable component of the state's flora or fauna is determined to be in jeopardy. SC A Special Concern species is one that requires monitoring but may be taken or collected and sold under regulations adopted under the provisions of Article 25 of Chapter 113 of the General Statutes (animals) and the Plant Protection and Conservation Act (plants). Only propagated material may be sold of Special Concern plants that are also listed as Threatened or Endangered. SR A Significantly Rare species is not listed as "E", "T", or "SC", but which exists in the state in small numbers and has been determined to need monitoring. SR-L A Significantly Rare species whose range is limited to North Carolina and adjacent states. SR-T A Significantly Rare species that is rare throughout its range (fewer than 100 populations). T A Threatened species is any native or once native species that is likely to become an Endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act. W3 A Watch Category 3 species is a species that has been reported in North Carolina without adequate documentation. W5a A Watch Category 5a species is a species that has declined sharply in North Carolina, but which does not appear yet to warrant site -specific monitoring. Buck Engineering October 2003 at Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E 5.0 REFERENCES Amoroso, J.L. and J.T. Finnegan, eds. 2002. Natural Heritage Program List of the Rare Plant Species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, North Carolina. Cowardin, L.M., V. Carter, F.C. Golet and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. US Fish and Wildlife Service, Office of Biological Services, FWS/OBS-79/31. US Department of the Interior, Washington, DC. Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelburne. 2002. Ecoregions of North Carolina and South Carolina, (color poster with map, descriptive text, summary tables, and photographs). US Geological Survey, Reston, Virginia. Horton, Jr., J.W. and V.A. Zullo, editors. 1991. The Geology of the Carolinas: Carolina Geological Society fifteenth anniversary volume. The University of Tennessee Press, Knoxville, Tennessee. LeGrand, H.E., Jr., S.P. Hall, and J.T. Finnegan, eds. 2001. Natural Heritage Program List of the Rare Animal 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. 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. Menhinick, E.F. 1991. The Freshwater Fishes of North Carolina. North Carolina Wildlife Resources Commission, Raleigh, North Carolina. NCDENR. 1998. Basinwide Assessment Report of the Broad River Basin. NC Division of Water Quality, Raleigh, North Carolina. NCDENR. 1999. Basinwide Assessment Report of the Catawba River Basin. NC Division of Water Quality, Raleigh, North Carolina. NCDEHNR. 1995. Guidance for Rating the Values of Wetlands in North Carolina. Division of Environmental Management, Water Quality Section, Raleigh, North Carolina. NCDENR. "Water Quality Stream Classifications for Streams in North Carolina. " Water Quality Section. http://h2o.enr.state.nc.us/wghome.html (27 Jul 2000). Buck Engineering October 2003 37 Natural Resources Technical Report US 221 Improvement, TIP Nos. R-2597 & R-204 D&E North Carolina Museum of Natural Sciences. Personal communication made with Dennis Herman on June 19, 2002. North Carolina Wildlife Resources Commission. Personal communication made with Marla Chambers on September 13, 2002. Potter, E.F., J.F. Parnell, and R.P. Teulings. 1980. Birds of the Carolinas. The University of North Carolina Press, Chapel Hill, North Carolina. Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, North Carolina. Russo, M. and J. M. Sweeney. 2000. Threatened and Endangered Species in Forests of North Carolina: A Guide to Assist with Forestry Activities. International Paper Company USACE Environmental Laboratory. 1987. US Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y 87-1. US Army Corps of Engineers Waterways Experiment Station, Vicksburg, Mississippi. USDA Natural Resources Conservation Service. 1995. Soil Survey for McDowell County, North Carolina. USDA Natural Resources Conservation Service. 2000. Soil Survey for Rutherford County, North Carolina. USFWS. 2002a. http://endangered.fws.gov/ USFWS. 2002b. http://nc-es.fws.gov/es/countyfr.html. USFWS. 2003. Endangered, Threatened, and Candidate Species and Federal Species of Concern, by County, in North Carolina. 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. Buck Engineering October 2003