HomeMy WebLinkAbout20191233 Ver 1_USFWS_ConcurrenceRequest_CrabtreeRaleigh_Rev20190913_20190913S
0
u
a
s
3
3
3
September 13, 2019
Mr. Gary Jordan
Rwwvhb,��
US Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Re: Updated Request for Concurrence
Crabtree Creek Trail — Lindsay Dr. to Ebenezer Church Rd.
Wake County, NC
TIP No. C-5604-OD
Mr. Jordan:
VHB is under contract with Stewart, Inc. (Stewart) to provide natural resources assessments for the proposed
Crabtree Creek Trail project. The proposed trail construction is a City of Raleigh project that is partially federally
funded, with funds administered by NCDOT. This request is an update to a previous request which was addressed
in a concurrence letter dated November 21, 2016 from Gary Jordan, who concurred with the biological conclusion
of No Effect for Michaux's sumac and red -cockaded woodpecker and May Affect, Not Likely to Adversely Affect for
dwarf wedgemussel. Since the date of the original biological conclusions and concurrence, additional species have
been listed and proposed for listing in Wake County. This updated request addresses these additional species and
provides recent survey information for species previously addressed.
We have attached the following information to assist with your review:
• Protected Species Assessment including project description and proposed biological conclusions for the
listed and proposed species;
• Figures-
0 1. Vicinity Map
0 2. Study Area and Terrestrial Communities
0 3. Aquatic Habitat Impact Avoidance Exhibit
• Site photographs
We respectfully request your consultation on our findings for the listed and proposed species, and welcome your
input. Thank you in advance for your assistance on this project. Please do not hesitate to contact me at (919) 741-
5784 if you have any questions or concerns.
Sincerely,
VHB
-Da,Ce76P124--
David G. Cooper
Senior Environmental Scientist
cc: Ed Lynch, AICP, Stewart
Chris Murray, PWS, NCDOT
Venture I
940 Main Campus Drive, Suite 500
Engineers I Scientists I Planners I Designers Raleigh, North Carolina 27606
P 919.829.0328
F 919.833.0034
PROTECTED SPECIES ASSESSMENT
Crabtree Creek Trail — Lindsay Drive to Ebenezer Church Road
Wake County, NC
PROJECT DESCRIPTION AND SETTING
The proposed trail alignment will begin at a proposed bridge over Crabtree Creek between Picardy Drive and
Lindsay Drive. The trail will follow the north side of Crabtree Creek, and will again cross Crabtree Creek via a
bridge, and will then pass under Duraleigh road on the south side of the creek. The alignment will immediately
traverse up the slope on the west side Duraleigh road and connect to the existing multi -purpose trail for a distance
of approximately 2,000 feet. The trail will cross the southern portion of the Hanson Quarry property to Richland
Creek where it will follow the creek to Crabtree Creek. Three bridges over Richland Creek are required due to steep
slopes adjacent to the creek. The trail will continue on the south side of Crabtree Creek and connect to the existing
trail system in Umstead State Park. Please refer to Figure 1 for a vicinity map of the project.
The greenway will be designed as a multi -use bicycling and pedestrian trail. This type of trail is typically
constructed as a 10-foot wide asphalt path, with an aggregate base, and two -foot wide shoulders on either side.
Land disturbance for the construction of these trails is generally 15 to 20 feet wide. The project will require two
bridges across Crabtree Creek and three bridges across Richland Creek. The design calls for bridges to be single
span structures, with no temporary or permanent impacts to the stream bed as a result of construction. One of
the bridges has been designed as a suspension bridge in order to avoid placing bents in the channel of Crabtree
Creek. Tributaries to Crabtree and Richland Creeks will be crossed with boardwalk structures. Small areas of bank
stabilization at ditch outlets along the trail, consisting of riprap placed on the banks of streams, are proposed in
order to reduce the possibility of bank erosion. These bank stabilization areas are designed to have minimal impact
to the stream bed and will not impede the passage of aquatic life. Erosion and sedimentation will be controlled by
the use of silt fencing along the corridor, and the project proposes to adhere to practices outlined in Design
Standards in Sensitive Watersheds. If land disturbance is required near a stream, straw wattles and/or temporary
rock silt checks may be used to treat water from disturbed areas. Several factors including drainage area,
steepness of slope, and site -specific field conditions will dictate the actual device(s) used for sedimentation and
erosion control.
Crabtree Creek, Richland Creek, and their tributaries have been impaired by development, channel relocation,
channel revetments, and subsequent runoff and pollutants. Approximately 80 percent of the contributing
upstream watershed is comprised of suburban, commercial and light industrial development. The condition of
these reaches and habitats is further described below.
Crabtree Creek originates approximately 14 river miles west and upstream of the study area in western Wake
County, and flows north and east through primarily residential and commercial areas in Cary and Morrisville. The
creek is impounded by Lake Crabtree approximately 5.75 river miles upstream of the project area, and then
continues east into the primarily forested William B. Umstead State Park and onto the study area. The Crabtree
Quarry, a long -running surface mining operation, is located adjacent to Crabtree Creek within the study area.
Stream substrate within the study area is variable, with areas consisting of primarily bedrock, cobble, gravel, sand,
and silt. Baseflow within the study area is approximately 60 feet wide. Downstream of the study area, the creek
continues through residential, commercial, and industrial areas in Raleigh, to its confluence with the Neuse River in
eastern Raleigh.
Richland Creek originates approximately 4.87 river miles south and upstream of the study area in west -central
Wake County, and flows north through residential and forested areas in Raleigh. The creek flows through the Carl
Alwin Schenck memorial forest, and is impounded by a small lake near Reedy Creek Rd., and then continues north
through forested areas and onto the study area. Richland creek reaches its confluence with Crabtree Creek on the
study area. Stream substrate within the study area is variable, with areas consisting of primarily bedrock, cobble,
gravel, sand, and silt. Baseflow within the study area is variable, but is generally between approximately 15 and 30
feet wide.
VHB Project No. 39043.00 Page 2 of 7
FEDERALLY PROTECTED SPECIES
Endangered Species Act Protected Species
As of the most recently updated county list, dated June 27, 2018, the U.S. Fish and Wildlife Service (USFWS) lists six
federally protected species under the Endangered Species Act (ESA) for Wake County. In addition, the USFWS
Information for Planning and Consultation (IPaC) official species list for the project, dated August 29, 2019, lists
three species proposed for protection as potentially occurring within the project study area (Table 1). Although not
currently listed by USFWS in Wake County, we also discuss the northern long-eared bat in this section. 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.
able 1. Federally Protected Species Listed for Wake County
Scientific Name Common Name Federal Habitat Biological
Status Present Conclusion
Rhus michauxii Michaux's sumac Endangered Yes No Effect
Picoides borealis
Red -cockaded
Endangered
Yes
No Effect
woodpecker
Alasmidonta heterodon
Dwarf wedgemussel
Endangered
Yes
May Affect, Not Likely to
Adversely Affect
Parvaspina steinstansana
Tar River spinymussel
Endangered
No
No Effect
Elliptio lanceolata
Yellow lance
Threatened
No
No Effect
Notropis mekistocholas
Cape Fear shiner
Endangered
No
No Effect
Fusconaia masoni
Atlantic pigtoe
Proposed
Yes
Unresolved
Threatened
Noturus furiosus
Carolina madtom
Proposed
Yes
May Affect, Not Likely to
Endangered
Adversely Affect
Necturus lewisi
Neuse River waterdog
Proposed
Yes
May Affect, Not Likely to
Threatened
Adversely Affect
Myotis septentrionalis
Northern long-eared bat
Threatened 4(d)
Yes
May Affect, Likely to
Adversely Affect
Michaux's sumac
USFWS Optimal Survey Window: May -October
Biological Conclusion: No Effect
A desktop-GIS assessment of the project study area was performed in August 2019 using 2017 color aerials. Areas
with an open canopy such as utility line and sewer rights -of -way, old road beds, forest clearings, and road edges
were identified as potentially suitable habitat for Michaux's sumac and targeted for field survey. A NCNHP data
explorer report dated August 29, 2019 revealed no known occurrences of this species within 1 mile of the project
study area. Visual inspection of the project area determined that suitable habitat is limited. Most of the open
canopy areas identified by desktop assessment were observed in the field to be generally too moist to support this
species, and were within the active floodplain of Crabtree Creek. Updated plant -by -plant surveys for this species
were conducted on August 29, 2019 with the result that no specimens of Michaux's sumac were located.
Due to the lack of observed specimens, the limited amount of suitable habitat, the lack of known occurrences
within 1 mile of the study area, and the minimal impact anticipated for this project, it has been determined that
this project will not affect this species.
VHB Project No. 39043.00 Page 3 of 7
Red -cockaded woodpecker
USFWS Recommended Survey Window: year round; November -early March (optimal)
Biological Conclusion: No Effect
A desktop-GIS assessment of the project study area was performed in August 2019 using 2017 color aerials. The
surrounding area within % mile of the study area consists primarily of residential neighborhoods, a large quarry
operation, and a portion of Umstead State Park. Forested areas in this radius are predominantly hardwood or
mixed pine -hardwood stands. The few areas which appeared to be dominated by pine trees were identified as
potentially suitable habitat for red -cockaded woodpeckers and targeted for field survey. An initial field survey of
the study area was conducted on September 22 and 23, 2014, and an updated field survey for this species was
conducted on August 29, 2019.
A NCNHP data explorer report dated August 29, 2019 revealed no known occurrences of this species within 1 mile
of the study area. NCNHP records dated July 2018 indicate that all RCW records within a 30 mile radius of the study
area are either historical records or RCWs have been documented extirpated from these areas. The closest
historical/extirpated RCW record to the study area in this data set is approximately 11.6 miles away.
Visual inspection of the project area determined that most areas dominated by pine do not constitute suitable
nesting or foraging habitat due to the relatively young age (under 30 years), dense tree spacing, and tall
understory. An area approximately 1 acre in size consisting of loblolly pines between 35 and 61 years old was
found in the floodplain near the confluence of Crabtree and Richland Creeks. A comparison of historic aerial
imagery shows that this area was bare of trees in 1959, but was forested in 1971. Although pines in this area are
old enough to be considered foraging and nesting habitat, the understory consists of tall shrubs and lacks grasses
and other herbs characteristic of good quality foraging habitat. An updated survey of potentially suitable habitat
within this area and within % mile of the study area was conducted on August 29, 2019, with the result that no
RCW nest cavities were located.
Due to the lack of good quality nesting and foraging habitat, the lack of known occurrences within 1 mile of the
study area, the apparent extirpation of RCWs from the surrounding area, the lack of nest cavities observed during
surveys, and the minimal impact anticipated for this project, we have determined that this project will not affect
this species.
Dwarf wedgemussel
USFWS Recommended Survey Window: Year-round
Biological Conclusion: May Affect, Not Likely to Adversely Affect
Marginally suitable habitat for the dwarf wedgemussel exists within Crabtree Creek and Richland Creek within the
project area. The reaches of Crabtree and Richland Creeks within the study area are not USFWS-designated
Identified Stream Reaches (ISRs) or within 0.25 mile of an ISR for this species per the June 2019 ISR layer. The study
area is located within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated
August 29, 2019, includes the dwarf wedgemussel. A NCNHP data explorer report dated August 29, 2019 revealed
no known occurrences of this species within 1 mile of the study area. NCNHP records dated July 2018 show the
closest documented population of the dwarf wedgemussel in the Neuse basin is located approximately 14 river
miles downstream of the study area in the main stem of the Neuse River, upstream and downstream of its
confluence with Crabtree Creek. The record for this population is categorized as "historical". The record is dated
1951, and no more recent information on the population is available in the NCNHP database. Due to the lack of
proposed impacts to streams associated with the project design, a mussel survey has not been conducted at this
time.
Due to the distance from known populations, the degraded condition of potential mussel habitat in the project
vicinity, and the proposed avoidance of impacts to stream channels during project construction, we have
determined that this project may affect, but is not likely to adversely affect this species.
VHB Project No. 39043.00 Page 4 of 7
Tar River spinymussel
USFWS optimal survey window: year round
Biological Conclusion: No Effect
Mussel habitat within the project area includes Crabtree and Richland Creeks. The reaches of Crabtree and
Richland Creeks within the study area are not USFWS-designated ISRs or within 0.25 mile of an ISR for this species
per the June 2019 ISR layer. The study area is not within the Range by Basin for this species. The USFWS IPaC
official species list for this project, dated August 29, 2019, does not include the Tar River spinymussel. A NCNHP
data explorer report dated August 29, 2019 revealed no known occurrences of this species within 1 mile of the
study area.
Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream
channels during project construction, we have determined that this project will not affect this species.
Yellow lance
USFWS optimal survey window: Undetermined
Biological Conclusion: No Effect
Mussel habitat within the project area includes Crabtree and Richland Creeks. The reaches of Crabtree and
Richland Creeks within the study area are not USFWS-designated ISRs or within 0.25 mile of an ISR for this species
per the June 2019 ISR layer. The study area is not within the Range by Basin for this species. The USFWS IPaC
official species list for this project, dated August 29, 2019, does not include the yellow lance. A NCNHP data
explorer report dated August 29, 2019 revealed no known occurrences of this species within 1 mile of the study
area.
Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream
channels during project construction, we have determined that this project will not affect this species.
Cape Fear shiner
USFWS optimal survey window: April -June (tributaries); year-round (large rivers)
Biological Conclusion: No Effect
Fish habitat within the project area includes Crabtree and Richland Creeks. The study area is not within the Range
by Basin for this species, and the species has not been documented in the Neuse River basin, in which the study
area is situated. The USFWS IPaC official species list for this project, dated August 29, 2019, does not include the
Cape Fear shiner. A NCNHP data explorer report dated August 29, 2019 revealed no known occurrences of this
species within 1 mile of the study area.
Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream
channels during project construction, we have determined that this project will not affect this species.
Atlantic pigtoe
USFWS optimal survey window: Undetermined
Biological Conclusion: Unresolved
Atlantic pigtoe habitat within the project area includes Crabtree and Richland Creeks. A portion of Crabtree Creek
within the study area is a USFWS-designated ISR for this species. Richland Creek is not an ISR for this species per
the June 2019 ISR layer. The study area is located within the Range by Basin for this species. The USFWS IPaC
official species list for this project, dated August 29, 2019, includes the Atlantic pigtoe and states that the project is
not located within its proposed critical habitat. A NCNHP data explorer report dated August 29, 2019 revealed a
VHB Project No. 39043.00 Page 5 of 7
known occurrence of this species within the study area. Due to the recency of known records for this species in the
project area, USFWS has requested a mussel survey for this species within suitable habitat in the project area.
The biological conclusion for this species is currently unresolved, pending the results of the aforementioned
survey. If no specimens are found, a biological conclusion of May Affect, Not Likely to Adversely Affect will apply. If
specimens are found, additional consultation will take place between the Federal Highway Administration and
USFWS to ensure project compliance with the ESA.
Neuse River waterdog
USFWS Recommended Survey Window: Undetermined. Trapping surveys typically conducted in winter.
Biological Conclusion: May Affect, Not Likely to Adversely Affect
Neuse River waterdog habitat within the project area includes Crabtree Creek. Richland Creek within the study
area may contain marginally suitable habitat for this species, but does not contain the deep pools or eddies filled
with organic matter where this species is typically found. The study area is located within the Range by Basin for
this species. The USFWS IPaC official species list for this project, dated August 29, 2019, includes the Neuse River
waterdog and states that the project is not located within its proposed critical habitat. A NCNHP data explorer
report dated August 29, 2019 revealed a known occurrence of this species within the study area. The status of the
occurrence, dated 1979, is Historic. Recent re -surveys for this species have been conducted by the NC Wildlife
Resources Commission and NC State University at historic localities across North Carolina. Crabtree Creek was not
among sites re -sampled by NCWRC or NCSU (Jeff Humphries/NCWRC, pers. comm.). Due to the lack of proposed
impacts to streams associated with the project design, a Neuse River waterdog survey has not been conducted at
this time. For the purpose of this evaluation, we assume presence and that stream bed impacts will be avoided as
proposed.
Due to the assumed presence of this species within the study area and the proposed avoidance of impacts to
stream channels during project construction, we have determined that this project may affect, but is not likely to
adversely affect this species.
Carolina madtom
USFWS Recommended Survey Window: Undetermined
Biological Conclusion: May Affect, Not Likely to Adversely Affect
Potential Carolina madtom habitat within the project area includes Crabtree and Richland Creeks. The study area is
located within the Range by Basin for this species. The USFWS IPaC official species list for this project, dated
August 29, 2019, includes the Carolina madtom and states that the project is not located within its proposed
critical habitat. A NCNHP data explorer report dated August 29, 2019 revealed no known occurrences of this
species within 1 mile of the study area. Due to the lack of proposed impacts to streams associated with the project
design, a fish survey has not been conducted at this time. For the purpose of this evaluation, we assume that
stream bed impacts will be avoided as proposed.
Due to the lack of known occurrences in the project vicinity and the proposed avoidance of impacts to stream
channels during project construction, we have determined that this project may affect, but is not likely to
adversely affect this species.
Northern long-eared bat
USFWS Recommended Survey Window: June 1—August 15
Biological Conclusion: May Affect, Likely to Adversely Affect.
The US Fish and Wildlife Service has developed a programmatic biological opinion (PBO) in conjunction with the
Federal Highway Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the northern
long-eared bat (NLEB) (Myotis septentrionalis) in eastern North Carolina. The PBO covers the entire NCDOT
VHB Project No. 39043.00 Page 6 of 7
program in Divisions 1-8, including all NCDOT projects and activities. The programmatic determination for NLEB for
the NCDOT program is May Affect, Likely to Adversely Affect. The PBO provides incidental take coverage for NLEB
and will ensure compliance with Section 7 of the Endangered Species Act for five years for all NCDOT projects with
a federal nexus in Divisions 1-8, which includes Wake County, where this project is located. This level of incidental
take is authorized from the effective date of a final listing determination through April 30, 2020.
Bald and Golden Eagle Protection Act
Bald eagle
Optimal Survey Window: year round; November— March (optimal to observe birds and nests); February— May
(optimal to observe active nesting)
Habitat Description: Habitat for the bald eagle primarily consists of mature forest in 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.
Biological Conclusion: Not Required
A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius (1.0 mile plus 660
feet) of the project limits, was performed in August 2019 using 2017 color aerials. There are no water bodies large
enough and sufficiently open to be considered a potential feeding source within this radius. Because there was no
potentially suitable foraging habitat adjacent to the study area, no nest survey was conducted. A NCNHP data
explorer report, dated August 29, 2019, revealed no known occurrences of this species within 1 mile of the study
area. The proposed trail will utilize, to the extent practicable, existing cleared corridors such as sewer lines and
rights -of -way, avoiding tree clearing in those areas.
Due to the lack of suitable foraging habitat, the lack of known occurrences, and the minimal impact anticipated for
this project, we have determined that no Eagle Act permit is required.
VHB Project No. 39043.00 Page 7 of 7
63 Study Area
i v i I. � Q�r �. ❑
i
y .tea
1 4.,1 Z
o�WEA,R� Glen 1
a ��R a > Forest
r�OUI L
-150Lw
Moss
P'and\,.�
N- o a1
1
N� RacKwa aD DR 1� ct�
CZ
f� I
� ' I
e:S te•r
o , BOxWOOD-RD-PO 11
�
Fig.1: USGS Vicinity Map N
0,��"� Crabtree Creek Greenway -Lindsay Dr. to Ebenezer Ch. Rd. W
Wake County, North Carolina S
0 500 1,000
vlib
2013 Raleigh West USGS Quadrangle Feet
s
fy
n J O
�A.
.. Boardwalk Over Stream
�4
Single Span Bridge
over Richland Creek
..- 0
FU1;''S°sitA:
1foJii. >ts _
fyXe��
,kill/// e�e FtillI
it It
�z"��..wi;•i /,3' I I/111//�///fj7rilvt itdit
'//
-�� '�AA����� \\lam 1 iy/i'v I IitjrYl /!// / �1 I1 b`}'•
k111\114 s 1 i l�
ii"'ee� �. • - .� ��.'�/ 't! /`' '\ v \\ ,\ \ \ 1 �. l \Uk11 'C,`a \l� I���f 11.� /y-��
it. Il I wo
ICI
/ r
Illtrl t- / • '
-
511Sy1il.l�I t
g any {dl I.I ,
//,Fi11 I/aFC 'lri;hr,.
�
F
i�.
Re
s