20191173 Ver 1_T&E Supplemental info for ePCN Form R120_20190904

Supplemental Information
ePCN Form — NCDOT Division 10 — SR 1238 (Flint Ridge Road) over Big Bear Creek
Project Number 17BP.10.R.120
G. Supplemental Information
5. Endangered Species and Critical Habitat
STV Engineers, Inc. (STV) conducted field reviews of an approximate 4.7-acre study area on
March 8, 2018. Prior to the field reviews, STV reviewed the U.S. Fish and Wildlife Service
(USFWS) and North Carolina Natural Heritage Program (NCNHP) online databases for
information related to the occurrence of federal and state protected (threatened or endangered)
species in Stanly County. The USFWS Raleigh Field Office online protected species database,
updated June 27, 2018, lists three federally protected species as occurring or having the potential
to occur in Stanly County (Table 1) including the bald eagle (Haliaeetus leucocephalus) which is
protected under the Bald and Golden Eagle Protection Act. As of May 6, 2019, the NCNHP lists
no occurrences of federally protected species within one mile of the study area. A brief description
of each species, including habitat requirements and physical characteristics, and biological
conclusion rendered based on surveys of the study area follow. Habitat requirements for each
species are based on current available literature and/or the USFWS.
Table 1. ESA federally protected species listed for Stanly County
Federal
Habitat
Biological
Scientific Name
Common Name
Status
Present
Conclusion
Myotis septentrionalis
Northern long-eared bat
T
Yes
Helianthus schweinitzii
Schweinitz's sunflower
E
Yes
No Effect
E - Endangered
T - Threatened
* May Effect - NLEB is exempt due to consistency with 4(d) rule
Northern long-eared bat
USFWS optimal survey window: June I — August 15
The northern long-eared bat (NLEB) is a medium-sized bat approximately three to 3.7 inches in
body length with a wingspan of nine to 10 inches. As its name suggests, this bat species is
distinguished from other species in the genus Myotis by its long ears. The range of the NLEB
consists of the eastern and north central portions of the United States including 37 states. In North
Carolina specifically, the NLEB primarily occurs in the western part of the state in the mountain
region. Only scattered occurrences have been documented in the piedmont and coastal plain
regions of the state. In western North Carolina, NLEBs spend winter hibernating in caves and
mines. During the summer, NLEBs roost singly or in colonies within trees including underneath
the bark, in cavities, or in crevices. Roosting trees can be both live and dead and are typically >
three inches diameter at breast height in size. Males and non -reproductive females may also roost
in cooler places such as caves and mines. The NLEB has also been observed roosting in man-made
structures including barns and sheds, under eaves of buildings, behind window shutters, in bridges,
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and bat houses. Foraging habitat includes forested hillsides and ridges, the airspace above
waterways, and along woodland edges. Mature forests are generally considered to an important
habitat type for foraging.
The final 4(d) rule for the NLEB went into effect February 16, 2016. Within the range of the NLEB
in North Carolina, any take of the species within a hibernaculum (breeding grounds) is prohibited
including any action that may change the nature of the hibernaculum's environment or entrance
ways. The 4(d) rule exempts incidental takes of the species for tree -cutting activities occurring
greater than 0.25-mile from a known hibernaculum or more than 150 feet from a known maternity
roost during the pup -rearing season (June 1 through July 31).
Additionally, the U.S. Army Corps of Engineers (USACE), and the USFWS developed a Standard
Local Operating Procedures for Endangered Species (SLOPES) agreement concerning potential
effects to the federally -threatened NLEB (Myotis septentrionalis). The SLOPES was signed and
became effective on January 30th, 2017. The SLOPES agreement details how the USACE will
make determinations of effect to the NLEB when the USACE is the lead federal agency for a
project, and is applicable to activities regulated pursuant to Section 404 of the Clean Water Act
(CWA) and/or Section 10 of the Rivers and Harbors Act (RHA) of 1899 in the western 41 counties
of North Carolina, to include North Carolina Department of Transportation (NCDOT) non-federal
aid projects. The SLOPES is also applicable to non-NCDOT projects in the eastern 59 counties of
North Carolina.
Based on review of the USFWS Asheville Field Office's online database on May 7, 2019, no
known NLEB hibernation or maternity sites have been documented within Stanly County. A
review of the NCNHP records obtained on May 6, 2019 revealed no known occurrences of NLEB
within the study area or within one mile of the study area. Field reviews conducted by STV on
March 8, 2018 concluded that no caves or mines (potential hibernacula) exist in the study area and
no evidence of bats was discovered upon inspection of the bridge; however, potential foraging and
roosting habitat, including trees and the air space above Big Bear Creek, is present. The project
may require tree clearing or pile driving but no blasting or percussive activities are anticipated.
Based on the findings and in conforming to SLOPES procedures it has been determined that the
USACE's Alternative Local Procedure (ALP) Situation 1 would be applicable. The biological
conclusion for NLEB is May Effect, however, NLEB is exempt due to consistency with the 4(d)
rule.
Biological Conclusion: May Effect - NLEB is exempt due to consistency with 4(d) rule
Schweinitz's sunflower
USFWS optimal survey window: Late August - October
Schweinitz's sunflower is a perennial herbaceous plant species limited to the Piedmont regions
and counties of North and South Carolina. The plant grows from one to two meters tall originating
from a cluster of tuberous roots. The plant's flower consists of yellow disk and ray flowers formed
on small heads less than 1.5 centimeter (cm) in diameter. The petals, or modified leaves, are two
to three cm long. The lanceolate leaves are arranged in an opposite pattern within the lower two-
thirds of the stem transitioning to alternate within the upper third. The typical habitat for
Schweinitz's sunflower includes periodically maintained roadsides and utility line rights -of -way
(R/Ws), old pastures, edges of upland woods, and other disturbed open areas. Soils associated
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with suitable Schweinitz's sunflower habitat generally include thin upland soils clayey in texture
(and often with substantial rock fragments) which have a high shrink -swell capacity. Flowering
occurs from August to the first frost of the year.
STV Environmental Scientists Brandon Phillips, C.H.M.M. and Joshua Kotheimer, W.P.I.T
conducted field surveys for the presence of Schweinitz's sunflowers on September 27, 2018 during
the flowering season and USFWS-designated optimum survey window. Suitable habitat was found
along the SR 1238 roadside and woodland edges, but no sunflowers were observed. Review of
the NCNHP element occurrence records on May 6, 2019 revealed no documented occurrences or
populations of Schweinitz's sunflower in the study area or within one mile of the study area. Based
on the literature review and field survey conducted during the flowering season, it is determined
that the project would have no effect on Schweinitz's sunflower.
Biological Conclusion: No Effect
Bald and Golden Eagle Protection Act
The bald eagle is protected under the Bald and Golden Eagle Protection Act as regulated by the
USFWS. Habitat for the bald eagle primarily consists of mature forests found in association with
rivers and other large bodies of open water utilized for foraging. Large dominant trees, typically
located within one mile of these waters, are used as nesting sites.
Prior to conducting field reviews, a desktop-GIS assessment of the study area and an area within
a one -mile radius of the project limits was performed. Specifically, aerial photographs were
reviewed to identify any areas of potential foraging habitat. No water bodies large enough to be
considered potential foraging habitat for the bald eagle were identified within the study area or
one -mile radius; therefore, it has been determined that no field surveys for the species are
necessary. Review of the NCNHP element occurrence records obtained on May 6, 2019 revealed
no known occurrences of bald eagle within one mile of the study area. Based on the desktop review
and NCNHP element occurrence records, it is determined that the project would have no effect on
bald eagle.
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