Environmental Assessment

Abandoned Mine Land Project

Weston (Curtis) Landslide; WV-7043

Weston, Lewis County, West Virginia

Prepared for:

West Virginia Department of Environmental Protection

Office of Abandoned Mine Land 601 57th Street SE

Charleston, WV 25304

Prepared by:

1095 Chaplin Road, Suite 200

Morgantown, West Virginia 26501

November 2024 i

Table of Contents Chapter 1: Purpose and Need

A. Purpose of the Proposed Action

B. Need for the Proposed Action

C. Scoping

D. List of Related Laws and Executive Orders

Chapter 2: Proposed Action and Appropriate Alternatives and Mitigation Measures

A. Alternatives Considered

B. Alternatives Considered but Eliminated from Detailed Analysis

Chapter 3: Affected Environment and Environmental Impacts

A. Environmental Consequences of the Proposed Actions and Mitigation Measures

B. Affected Resources including Special Areas of Consideration

8. Socioeconomics

11. Recreation

C. Summary

Chapter 4: Consultations and Coordination

A. Persons and Agencies Contacted to Assist in the Preparation of the Environmental Assessment

B. List of Potential Permits and Responsible Parties

C. Public Involvement

D. Preparers

E. Signatures

Chapter 5: References and Appendices

Appendices

Appendix A: Maps and Figures

A.1 Street Map A.2 Topographic Map A.3 Site Plan A.4 Soil Map ii

Appendix B: Consultations

B.1 WV Division of Culture and History – SHPO (reply) B.2 WVDNR – Wildlife Resource Section (reply) B.3 Region VII Planning and Development Council (reply) B.4 USFWS IPaC generated Official Species List and Consistency Letters B.5 EJScreen Community Report B.6 Memorandum: Basil Mountainmint

Appendix C: Laws and Executive Orders iii

Acronyms

AADT Annual Average Daily Traffic (AADT) AML Abandoned Mine Land AUID Assessment Unit Identifier BCC Birds of Conservation Concern BMP Best Management Practice CAA Clean Air Act CWA Clean Water Act D&H Dieffenbauch & Hritz, LLC DKey Determination Key EA Environmental Assessment EIS Environmental Impact Statement EJ Environmental Justice EO Executive Order ESA Endangered species Act ESCP Erosion & Sediment Control Plan FEMA Federal Emergency Management Agency FPPA Farmland Protection Policy Act HUC Hydrologic Unit Code IPaC Information for Planning and Consultation LOD Limits of Disturbance MBTA Migratory Bird Treaty Act NAVD 88 North American Vertical Datum of 1988 NEPA National Environmental Policy Act NHPA National Historic Preservation Act NRCS Natural Resources Conservation Service NPDES National Pollutant Discharge Elimination System NWI National Wetland Inventory SHPO State Historic Preservation Officer SMCRA Surface Mining Control and Reclamation Act SWPPP Stormwater Pollution Prevention Plan UNT Unnamed Tributary To USACE United States Army Corps of Engineers USEPA United States Environmental Protection Agency USFWS United States Fish and Wildlife Service WMA Wildlife Management Area WVDCH WV Division of Culture and History WVDEP West Virginia Department of Environmental Protection WVDNR West Virginia Division of Natural Resources

Chapter 1: Purpose and Need

A. Purpose of the Proposed Action

The proposed action is to reclaim Abandoned Mine Land (AML) hazards at Weston (Curtis) Landslide, WV-7043. The project consists of two landslides of mining spoil. The hazardous area is approximately four acres in size, along Curtis Lane, near the town of Weston, Lewis County, West Virginia. The site can be found on the Roanoke Quadrangle. Total project disturbance would be 3.97 acres of previously mined and un-reclaimed landforms. The AML resources are located near residential areas, and can be easily accessed via the existing roads, Curtis Lane, and Little Skin Creek Rd (Appendix A.1, A.2). The sites fall within the Stonewall Jackson Lake and West Fork River watershed.

Weston (Curtis) Landslide is situated near Stonewall Jackson Lake within the West Fork watershed. The nearest address for the site is 44 Curtis Lane, Weston, WV 26452. The coordinates for the site are 38°58'16.8"N, 80°24'30.6"W.

B. Need for the Proposed Action

The proposed action would reclaim AML hazards located alongside and adjacent to Curtis Lane and the surrounding residential area. This proposed project would address the hazardous landslides caused by AML features associated with a pre-law, abandoned surface mine complex located along Curtis Lane and Little Skin Creek Road.

The site includes several residential parcels (Appendix A.3). The property parcels that encompass the AML hazards include five separate landowners. The AML hazards include two landslide areas, Landslide Area 1 and Landslide Area 2, separated by a private residence and driveway. Landslide Area 2 threatens the integrity of Curtis Lane and a private residence driveway. Landslide Area 1 threatens a private residence and the unnamed tributary (UNT) to Little Skin Creek. Due to the proximity of the AML hazards to several residential homes, access to the hazard areas is easily obtained by existing roads and driveways. A landowner has stated that the landslides have previously damaged their house foundation and sewer lines. The AML hazards impose a risk of further damage to the existing residential structures.

A risk of injury and/or death to local residents is present due to the possibility of sudden and massive land movement. The landslides are beginning to encroach on Curtis Lane imposing the potential of restricting access to three residences by emergency vehicles and the tenants of the homes. The landslides also threaten to encroach upon UNT to Little Skin Creek which directly drains into Stonewall Jackson Lake. The AML hazards need to be abated/reclaimed to prevent further public health and safety hazards and environmental impacts.

C. Scoping

External scoping was not conducted for this project, because the proposed action is unlikely to generate high levels of opposition or substantial public interest and does not usually require an Environmental Impact Statement (EIS).

See Chapter 4, Section C for public meeting details.

D. List of Related Laws and Executive Orders

In order to implement this AML reclamation project, compliance with federal, state, and local laws is required. The following is a list of the related laws and executive orders (EOs) that may apply to this project:

• National Environmental Protection Act (NEPA), 42 U.S.C. §§ 4321 to 4370h

• Clean Water Act (CWA), 33 U.S.C. §§ 1251 to 1388

• The Clean Air Act (CAA), 42 U.S.C. § 7401 et seq

• National Historic Preservation Act (NHPA), 54 U.S.C. §§ 300101-307108

• Migratory Bird Treaty Act (MBTA) of 1918, 16 U.S.C. §§ 703-712

• Endangered Species Act (ESA), 16 U.S.C. §§ 1531 - 1544

• Farmland Protection Policy Act (FPPA) 7 U.S.C. § 4202

• Executive Order (EO) 11988 Floodplain Management, May 24, 1977

• EO 11990 Protection of Wetlands, May 24, 1977

• Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations, February 11, 1994

• EO 13175 Consultation and Coordination with Indian Tribal Governments, November

6, 2000

• EO 13045 Protection of Children from Environmental Health Risks and Safety Risks, April 23, 1997.

• EO 12372 Intergovernmental Review of Federal Programs

• EO 13045 Protection of Children from Environmental Health Risks and Safety Risks, April 23, 1997

See Appendix C for a list of laws and EOs including a summary of each one potentially related to the project.

Chapter 2: Proposed Action and Appropriate Alternatives and Mitigation Measures

The project area is located in Lewis County near the town of Weston. The project site is located on the Roanoke Quadrangle. The AML hazards at this site are located within a residential area. The site falls within the Stonewall Jackson Lake and West Fork River watershed.

A. Alternatives Considered

1. No Action

Under this alternative, the AML reclamation project would not occur. As a result, current conditions would continue at the same level, resulting in continued public exposure to the health and safety hazards associated with the sites. Damage to residential structure, driveway, property, and Curtis Lane would continue to occur. Environmental impacts would continue due to the unabated AML features and would likely worsen over time.

2. Proposed Action

The proposed action would reclaim the AML hazards located along Little Skin Creek Rd and Curtis Lane near the town of Weston, Lewis County, WV. Total project acreage, or limits of disturbance (LOD) would be 3.97 acres of previously mined and un-reclaimed landforms.

The proposed action to reclaim the AML hazards at the Weston (Curtis) Landslide site, WV- 7043 would involve the excavation and repair of Landslide Areas 1 and 2, which covers approximately 3.5 acres.

Work at the site, based on current design specifications, would include:

• Mobilizing equipment

• Construction of approximately 150’ of temporary gravel access area (within the LOD);

• Demolition of one (1) abandoned septic field;

• Construction of approximately 500’ temporary diversion ditch and berm;

• Providing erosion and sediment control including compost filter sock sediment trap;

• Clearing and grubbing (LOD 3.97 AC);

• Excavation\temporary storage and reinstallation of material per geotechnical standards for Landslide Area 2;

• Construction of temporary pad (approximately 15’ x 235’) for the retaining wall construction;

• Construction of approximately 340’ temporary underdrain on north side of Curtis Lane;

• Construction of approximately 312’ proposed lag and pile retaining wall south side of Curtis Lane;

• Excavation\temporary storage and reinstallation of material per geotechnical standards for Lower and Upper Landslide Area 1;

• Installation of toe-key foundation with drain, bonding benches with drains, and installation of underdrains at any seeps encountered during construction at Landslide Area 1 (Upper and Lower);

• Construction of approximately 559’ of Type I (grass-lined) channel and 1,198’ of Type II (rip rap) channel;

• Conditioning and re-vegetation of all areas disturbed by construction;

• Approximately 210’ of gravel road rehabilitation;

• Approximately 1,517’ Full base and asphalt replacement on Curtis Lane; and

• Final cleanup of the construction site upon project completion.

Access roads affected by the proposed action would be repaired post-construction, as needed. Upgrades would include asphalt replacement, gravel replacement, and sump construction where needed.

This project would cost approximately $1,978,003. Upon approval of an Authorization to Proceed, issued by the Charleston Field Office of the Federal Office of Surface Mining, the project would be competitively bid. The selected contractor would then be granted 180 days to complete the project.

B. Alternatives Considered but Eliminated from Detailed Analysis

Additional alternatives were briefly considered but eliminated from detailed analysis because they either did not meet the program intent to alleviate the threats to human health and safety posed by AML features, were technologically infeasible, went against program policy, or were so similar to the Proposed Action that they were deemed to be appreciably identical actions in impact and affect.

In this instance, the following alternative was considered but eliminated:

• Excavate the two landslide areas, and construct drainage channels without constructing a retaining wall.

While this alternative would temporarily address the hazards associated with the AML features on site, it would not permanently eliminate the hazards. Geotechnical analysis shows that without a retaining wall, Landslide Area 2 would likely slip again in a short amount of time. Additionally, the environmental impacts from this alternative would be greater than those of the Proposed Action. This alternative would require excavating the entire hillside where the two landslide areas are located, which would amount to a greater area of disturbance as compared to the Proposed Action. A greater area of disturbance would result in environmental impacts to the UNT to Little Skin Creek. The Proposed Action does not propose any impacts to the UNT to Little Skin Creek. Currently, the area is at a gradient that is suitable for residential development. This alternative would increase the slope of the land in order to stabilize the hillside which would interfere with the residential use of the property.

Chapter 3: Affected Environment and Environmental Impacts

A. Environmental Consequences of the Proposed Actions and Mitigation Measures

1. General Setting

The project area is located within a rural residential area of Lewis County and can be found on the Roanoke, WV 7.5 Minute Topographic Map Quadrangle (Appendix A.2). The project area is also the site of a former surface coal mine where mine spoil was deposited on the out slopes of the hillside. There are no residential homes located within the project LOD;

however, there are eight homes within 500 feet of the LOD. The project area drains toward an UNT to Little Skin Creek and then south for approximately 500 feet before reaching Stonewall Jackson Lake; an impoundment of the Little Skin Creek, West Fork River, and other streams.

Stonewall Jackson Lake was constructed by the United States Army Corps of Engineers (USACE) in 1990 as a flood control and recreational project. The Lake has approximately 89 miles of shoreline. Stonewall Jackson Lake is considered an important recreational destination. It is leased out to the West Virginia Division of Natural Resources which operates and manages the Stonewall Jackson Lake Public Hunting and Fishing Area. It also operates the Stonewall Resort featuring a marina, hotel, conference center, dinning, and golf course.

B. Affected Resources including Special Areas of Consideration

The following sections discuss the existing resources and special areas of consideration affected by the project alternatives.

1. Topography

Existing Conditions – The project topography is comprised of a hillslope/valley complex with gentle to steep slopes. The project elevation ranges from approximately 1100 feet to 1300 feet above North American Vertical Datum of 1988 (NAVD 88).

a. Alternative 1 (No Action) – This alternative would have a moderate, to long term negative impact on this resource should no action take place. Without sufficient repair, Landslide Area 1 and Landslide Area 2 would continue to move downslope to an unpredictable extent. In addition, an acute and catastrophic landslide event is possible whereby road, driveway, and residential structure damage and the safety of local residents could be negatively impacted.

b. Alternative 2 (Proposed Alternative) – Moderate, positive impacts to topography would occur while repairing the landslides, regrading, installing drainage controls, installing a retaining wall, and re-grading and re-vegetating the disturbed areas. Trash and debris would be removed, and disturbed areas re-vegetated. New drainage patterns would be established. The topography would be regraded to a stable configuration.

2. Water Resources/Hydrology

Existing Conditions –

Receiving Stream The project area is within the West Fork drainage basin (HUC 8 ID: 05020002). The project area drains toward an UNT to Little Skin Creek (an intermittent stream channel) and then south for approximately 500 feet before reaching Stonewall Jackson Lake; an impoundment of the Little Skin Creek, West Fork River, and other streams. Stonewall Jackson lake’s Assessment Unit Identifier (AUID) code is WV-MW-L5_351_d. The lake is classified as a Category 5 Waters: “Waters that have been assessed as impaired and are expected to need a TMDL.” (WVDEP 2022 - https://2018-2022-combined-integrated-report-wvdep.hub.arcgis.com/). Please note that the normal naming convention of calling unnamed tributaries by the first named waterway downstream is somewhat short-circuited in this case by the damming of the West Fort River (AUID code WV-MW_05) to create Stonewall Jackson Lake. While the UNT Little Skin Creek used to discharge to Little Skin Creek (AUID code WV- MW-46-C), it now directly discharges to Stonewall Jackson Lake.

Despite its impaired status, the WVDNR Wildlife Resources Impact Statement (dated 3/29/24) classifies Stonewall Jackson Lake (a.k.a. West Fork) as a High Quality and state mussel stream. WVDNR states that palustrine emergent, forested and scrub shrub wetlands are present within 2 miles of the project site (Appendix B.2). It is possible these resources exist downstream of the project area; however, no such resources were identified within the project LOD. The statement also notes that Skin Creek (AUID code WV-MW-46) is a High Quality Stream. However, the downstream portion of this stream potentially impacted by the project is no longer exists due to the creation of Stonewall Jackson Lake.

Floodplain The project activities are not located in a designated floodplain based upon review of Federal Emergency Management Agency (FEMA) floodplain maps on the WV Flood Tool interactive web site at http://www.mapwv.gov/flood/interactiveMap/ (accessed 2/26/24).

https://2018-2022-combined-integrated-report-wvdep.hub.arcgis.com/ http://www.mapwv.gov/flood/interactiveMap/

Wetlands The National Wetlands Inventory (NWI), https://www.fws.gov/wetlands/ (accessed 1/22/24) was consulted to determine whether any documented wetlands were present at the site. No NWI wetlands were found to be located within the project area.

a. Alternative 1 (No Action) – This alternative may have a moderate, to long term negative impact on this resource should no action take place. In addition, should no action take place, the potential for significant erosion and sedimentation of the nearby stream channel to occur is high due to the movement of the landslide. If erosion and sedimentation should occur without any control measures, the detrimental effects would be much greater than a controlled excavation with Best Management Practice (BMP) controls.

b. Alternative 2 (Proposed Alternative) – This alternative will have a moderate, long term positive impact on this resource. The installation of drainage control measures would have a positive impact on the hydrologic resources downstream by reducing the risk of clogged streams due to landslides and the associated risk of downstream flooding and sedimentation.

The ESCP and the SWPPP for the project would be provided by the WVDEP Office of Abandoned Mine Lands and approved by the WV DEP Office of Water and Waste Management prior to initiation of the project. The SWPPP would include measures to be utilized for temporary and permanent erosion and sediment control and will be in project plans. Sediment/erosion control structures should be placed prior to any disturbance as well as regraded out-slope areas concurrent with construction and prior to revegetation. All sediment control structures and installations would meet requirements specified in the WVDEP Division of Water and Waste's 2006 edition of West Virginia Erosion and Sediment Control Best Management Practice Manual. Sediment removed from the sediment control structures would be removed, as required, and placed at an on-site, approved disposal area.

During construction there would be short-term impacts. However, these erosion and sediment impacts would be kept to a minimum by assuring compliance with the submitted and approved erosion and sediment control plan as outlined in Section 5.0 of the project specifications. Upon completion of construction, the project should have no negative long-term impacts to local water quality at the site. No in-stream work is proposed in Alternative 2.

The flow of water in UNT to Little Skin Creek after construction is not expected to increase or decrease from preconstruction conditions. The design of the proposed Rip-Rap Vee channels would collect surface runoff from the action area and direct it into the nearby UNT to Little Skin Creek. While the pattern of upland surface drainage would change, the ultimate discharge and flow to nearby UNT to Little Skin Creek would not change. The areas from which surface water would be collected into the Vee Channels are areas that already contribute to the flow of UNT to Little Skin Creek. Erosion and sediment impacts would be kept to a minimum by assuring compliance with the Erosion and Sediment Control Plan (ESCP) https://www.fws.gov/wetlands/ as outlined in the Stormwater Pollution Prevention Plan (SWPPP) that will be submitted to the WVDEP for approval. Upon completion of construction, the project should have no long-term impacts to local water quality at the site.

The Contractor would be responsible for implementing the measures called for in the NPDES Stormwater permit (WV0115924) provided by the WVDEP for erosion and sediment control.

Sediment control measures would be in-place and operational prior to any disturbance occurring in the project area. The WVDEP’s approval of this plan does not relieve the Contractor of his responsibility to be in compliance with any laws and/or permits.

3. Air Quality

Existing Conditions – The project site is not located within any special air quality zones.

According to the USEPA’s Home of the U.S. Air Quality Index, the general air quality in the immediate vicinity is relatively good (https://www.airnow.gov/) (accessed 10/14/24).

January 2021 aerial photography on Google Earth Pro™ was reviewed within one mile of the project area. Industrial land use that might include significant air pollution emissions was not observed. No known sources of pollution exist other than exhaust emissions from resident, tourist, and commercial vehicles, and emissions from boats on Stonewall Jackson Lake.

a. Alternative 1 (No Action) - This alternative would have no impact on this resource (including no beneficial impacts).

b. Alternative 2 (Proposed Alternative) – Short-term minor impacts to the local air quality could be expected during construction due to exhaust emissions from construction machinery and dust, and potential burning of woody vegetation for disposal if state law permits. If burning is conducted, it would be done so in accordance with a burning permit.

The impacts would be minimized by using properly inspected and maintained machinery and use of water spraying trucks or similar means to keep down dust levels if needed.

4. Soils

Existing Conditions – There are no prime and/or unique farmlands in the site area according to the USDA Natural Resource Conversation Service web soil survey map found at http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx (Appendix A.4). The soils identified on the map are presented in Table 1 below. These soils are likely not found at the surface due to the former mining activities. The soil types listed within the project LOD indicate that no prime farmland is present.

https://www.airnow.gov/ http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx Knight, Jonathan L Date accessed

Table 1. Soils within the Project LOD.

Soil Series Name Symbol Modifier % LOD Farmland Classification*

Gilpin-Upshur silt loams GuE 25 to 35 percent slopes 6.9% No

Gilpin-Upshur silt loams GwF3 35 to 70 percent slopes, severely eroded 0.7% No

Janelew silt loam JeD 8 to 25 percent slopes 11.7% No Janelew silt loam JeF 25 to 70 percent slopes 22.7% No Udorthents Uf smoother 58.0% No

*Prime Farmland, Farmland of Statewide Importance, Farmland of Local Importance, or Unique Farmland.

a. Alternative 1 (No Action) - If no action is taken severe erosion of the soil in the site area would continue and current conditions would deteriorate. Sedimentation of UNT to Little Skin Creek would likely occur. No beneficial impacts would occur from this alternative.

b. Alternative 2 (Proposed Alternative) – The project would have a moderate, positive impact to soils located within the project area to accommodate the repair of the landslides.

Minimal disturbance would occur in association with the access roads since they are existing and would only be disturbed if post-construction repairs were required. In addition, the project area has already been disturbed by pre-law mining activities, which has left the area with little to no original topsoil cover. These disturbances would be minimized using erosion and sediment control measures where needed as well as expeditious re-vegetation of disturbed areas as outlined in the SWPPP. The moderate beneficial impact would be the stabilization of currently unstable soils.

The contractor would be responsible for furnishing all materials, equipment, labor and incidentals necessary for the installation of silt barriers and check dams as designated in the Drawings. Sediment control would be placed on regraded areas concurrent with construction and prior to revegetation.

Sediment control measures would be in place and operational prior to any disturbance occurring in the project area. The WVDEP’s approval of this plan does not relieve the Contractor of his responsibility to be in compliance with any laws and/or permits. The contractor would take necessary steps to prevent erosion or silting problems from occurring and to minimize erosion or sedimentation.

If after completion of the engineering design plans the site is determined to be balanced, then off-site borrow/disposal areas would not be required to complete reclamation of this project. If, however, off-site soil borrow area(s) are determined to be needed after the project construction has begun, the soil borrow area(s) would still be subjected to NEPA guidelines, and all required State and Federal approvals.

If, however, off-site soil borrow/disposal area(s) are determined to be needed, after the project construction has begun, the soil borrow area(s) would need to be approved by the WVDEP prior to use and would be subjected to NEPA requirements.

5. Vegetation

Existing Conditions – The project area covers approximately 3.97 acres of previously mined and un-reclaimed landforms. Approximately 2.07 acres of the project area is covered in trees.

Throughout the project area, compacted ground and man-altered landforms are present, all of which have altered the original topography. Disturbance of vegetation associated with the landslides have contributed to poor vegetative growth and has allowed for non-native species including autumn olive (Elaeagnus umbellata) and Japanese stilt-grass (Microstegium vimineum) to grow, and in many areas to overtake the native vegetative species. The majority of trees and other vegetation within the project landforms are stunted, deformed, and/or leaning as a result of the poor soil conditions and land movement associated with the pre-law mining activities. Existing roads located adjacent to the project areas would allow for minimal tree cutting and overall minimal project disturbances to existing vegetation.

The WVDNR Wildlife Resources Impact Statement (issued 3/29/24) (Appendix B.2) lists Basil Mountainmint (Pycnanthemum clinopodioides) to be present within the project LOD. This plant was the subject of a species-specific survey across the LOD on September 13, 2024 and was not found (Appendix B.6). WVDNR also lists emergent and wooded wetlands to be present 1.6 miles of the project area. The entire project area was field delineated by D&H for the presence of wetlands and streams (separate report). No wetlands or streams were found within the confines of the project LOD.

The USFWS IPaC Official Species List (issued 10/14/24) does not indicate the presence of any federally-listed endangered or threatened plant species (Appendix B.4).

a. Alternative 1 (No Action) – This alternative would have negative impacts in the likely event that the landslides continue to slip downslope. Earth movement in the form of landslides could topple trees and disrupt vegetation in a manner that could allow invasive, nonnative vegetative species to overtake the native vegetation. No beneficial impacts would result from this alternative.

b. Alternative 2 (Proposed Alternative) - Vegetation would be removed by the project LOD of 3.97 acres, but the project construction would result in a minimal, short-term impact.

All disturbed areas would be revegetated with grasses and legumes as described in the Technical Specifications of the project site plans. Permanent vegetation would be established on all disturbed areas upon reaching final grade. Trees and other woody vegetation would be allowed to regrow. This would in turn have a positive impact by stabilizing the landslide, thus preventing any further movement of soils, and vegetation.

6. Fish and Wildlife

Existing Conditions – According to the WVDNR, West Virginia is home to 74 species of mammals, 170 breeding bird species, and 80 species of reptiles and amphibians (2024 WVDNR website). Many of the more common species are likely to be present within the project LOD. These animals, such as whit-tailed deer, racoons, opossum, mice, voles, squirrels, etc., may be dispersed during construction.

In accordance with the Fish and Wildlife Conservation Act, under the Migratory Bird Program, the USFWS designates Birds of Conservation Concern (BCC) (USFWS 2021). BCC are species that, without additional conservation measures, are likely to become candidates for listing under the Endangered Species Act. The USFWS’ IPaC Online Project Planning Tool was used to generate an Official Species List which is included in the appendices. It contains a list of those birds in the project area that are either BCC or that warrant special attention. While there is always a concern about the potential impacts of forest fragmentation and patch dynamics to these species when implementing a project in a primarily forested region, in this instance, the project site has been previously disturbed by pre-law mining activity and is currently undergoing succession as the site transitions to its post mining land use. Existing forest fragmentation is minimal within the region and patch size within the project footprint is much smaller than the surrounding landscape; this is typical within the Appalachian region.

The area surrounding the site contains abundant forested habitat accessible and available to migratory bird species.

The official species list generated from the Information for Planning and Consultation (IPaC) system, operated by the U.S. Fish and Wildlife Service (USFWS), indicated the possible presence of five threatened, endangered, or candidate species (Appendix B.4). These species are summarized in Table 2. The official species list also notes that there are no critical habitats within the project area.

Table 2. Federally Listed Species of the Project Area (IPaC, 2024).*

Common Name Scientific Name Status Impact Determination Indiana Bat (IBAT) Myotis sodalis Endangered NLAA** Clubshell Pleurobema clava Endangered No Effect Round Hickorynut Obovaria subrotunda Threatened No Effect Snuffbox Mussel Epioblasma triquerta Endangered No Effect Monarch Butterfly Danaus plexippus Candidate ***

* IPaC Concurrence Letter dated 10/16/24 **Not Likely to Adversely Affect ***Impact determinations are not made for candidate species.

The project falls within the distribution range of the Indiana bat. From a rare, threatened and endangered (RTE) species perspective, this bat species is assumed to be present on the property during the summer as potential foraging and roosting (trees) habitat is present.

There are no caves or portals on property and therefore no known winter hibernacula on the property for the Indiana bat. The three freshwater mussel species are listed because they are present in the same watershed the project area is located. However, these mussel species do not exist within or near the project LOD because there is no habitat. These species require larger perennial stream systems to live.

A Determination Key (DKey) for the Northeast Region species was processed to determine if construction activities, including tree removal, within the project area would have any effects on the listed species. Assuming that the trees within the project LOD would be cleared during the Indiana bat inactive period (between November 15th and March 31st), the project is determined to “Not Likely to Adversely Affect” the Indiana bat. Because there are no perennial streams present or impacted, the project would have “No Effect” on the listed mussel species. The IPaC Official Species List and the Concurrence Letter from the DKey (issued 10/14/24 and 10/16/24, respectively) are included in Appendix B.4.

According to the Mussel Stream KMZ provided by the West Virginia Division of Natural Resources (WVDNR 2022), Wildlife Resources the project is within 0.1 miles of Stonewall Jackson Lake/Little Skin Creek, a high-quality stream, and a state mussel stream. The ESCP and SWPPP for the project outline the enhanced best management practices (BMPs) that would be implemented prior to earth moving activities. These BMPs would mitigate potential impacts to the surrounding watershed. No in-stream activities are proposed by the project.

a. Alternative 1 (No Action) - This alternative would have impacts on this resource. Land movement has already caused trees in the area to fall therefore eliminating them as potential roosting trees for bat species and nesting trees for migratory birds. No action would result in continued land movement further destabilizing trees in the area. The landslides are encroaching on UNT to Little Skin Creek, a direct tributary to Stonewall Jackson Lake/Little Skin Creek. Negative impacts would occur if the landslides began to impact the direct tributary to Little Skin Creek. Sedimentation is likely to occur within a state listed mussel stream. No beneficial impacts would occur with this alternative.

b. Alternative 2 (Proposed Alternative) – Short-term and long-term moderate impacts to non-endangered wildlife can be expected, as well as minor beneficial long-term impacts.

Short-term impacts include the displacement of some wildlife (small to large mammals and migratory birds) during construction of the project primarily due to tree clearing, elevated noise levels and increased human activity, which may frighten the wildlife. Short-term impacts would be minimized by the relatively short time required for project construction.

Long-term impacts include the displacement of small wildlife (insects, reptiles and small mammals) during project construction. Also, nesting and foraging opportunities for certain migratory birds would be reduced due the clearing of the woodland. These impacts would be lessened due to the abundance of wildlife habitat in areas near the project site. Also, planting the site with vegetative species, which would provide wildlife cover and wildlife food, would mitigate these impacts.

Although the surrounding area includes habitats that may be used by a variety of birds protected under the Migratory Bird Treaty Act, the project site may not provide quality foraging or nesting habitat for certain species, but the edge habitat existing on-site would benefit other species. Adult birds using the project site are highly mobile and generally able to avoid construction activities that could cause injury. Migrant birds that utilize the project area as part of their migratory route have access to abundant forested habitats adjacent to the project area that they are likely also utilizing to meet their biological requirements.

Abandoned mine lands projects generally address existing and ongoing legacy mining impacts remaining on the landscape for decades after abandonment. Project actions are designed to remediate these pre-law mining features that may be degrading existing water quality and preventing revegetation of the site. These projects generally lead to a higher use than existed prior to project implementation and may result in net benefits to migratory bird species.

Impacts to available foraging or nesting habitat by the proposed action would be anticipated to be minimal and any indirect impacts to breeding birds near the project site from noise, lighting, and/or the presence of construction equipment and humans nearby would be minor and temporary in nature.

To minimize the impacts on bat species, tree clearing (2.07 acres) would be conducted in the inactive season dates for summer habitat outside of staging and swarming areas. For West Virginia, those dates are November 15th through March 31st. Inactive seasons for each state can be found here: https://www.fws.gov/media/inactive-season-dates-swarming-and-staging-areas (accessed 7/10/24). Trees would be allowed to regrow post-construction allowing any potential bat roosting habitat loss to recover over time. No in-stream work is proposed by Alternative 2, and erosion and sedimentation effects to aquatic species are expected to be minimized by using enhanced BMPs.

7. Land Use

Existing Conditions – The areas to be impacted are in a rural region of Lewis County, WV, near the town of Weston. The town has numerous residential houses, along with abandoned houses and commercial buildings, all of which are over 5.40 miles from the project area. A finger of Stonewall Jackson Lake, an important recreational area, is directly south of the project area. The immediate surrounding area is a rural residential setting with scattered residences, woodlands, meadows, and hedgerows.

There are three protected and public land areas near the project: Stonewall Resort State Park (approximately 1,843 acres and 4.1 miles to the west), Stonewall Jackson Lake Wildlife Management Area (approximately 18,399 acres and adjacent to the south), and Stonecoal Lake Wildlife Management Area (approximately 3,080 acres and 2.6 miles to the east) as per the federal and state lands maps located at https://maps.usgs.gov/padus/ (accessed 6/17/24) and http://www.wvstateparks.com/map.html (accessed 6/17/24). These wildlife management areas (WMA) provide opportunities for hunting, fishing, trapping, birding, https://www.fws.gov/media/inactive-season-dates-swarming-and-staging-areas https://www.fws.gov/media/inactive-season-dates-swarming-and-staging-areas https://maps.usgs.gov/padus/ http://www.wvstateparks.com/map.html hiking, etc. The lakes and the State Park provide additional recreational opportunities such as boating, swimming, golfing, lodging, dining, special events, etc.

As for the immediate area of the project LOD, the repairs of Landslide Area 1 are located within a mostly wooded section of a residence backyard. This area has no apparent use other than open space. Landslide Area 2 occupies an area between Curtis Lane and the side yard of the residence. This side yard is used for a septic system and open space.

a. Alternative 1 (No Action) - This alternative would have a negative impact on this resource. Should the slide continue, it would prevent landowners from using their property due to the unstable ground.

b. Alternative 2 (Proposed Alternative) – This alternative would have minor and temporary disturbance to the surrounding land use during construction, however these impacts would not alter the existing land use. The project area would continue to serve as a rural residential area and would aesthetically appear as one. The alternative would have a positive impact by allowing landowners to again utilize their properties.

8. Socioeconomics

Existing Conditions – The project resources are located off existing roads in Lewis County, West Virginia. The U.S. Census QuickFacts tool was consulted for Lewis County, West Virginia, and the United States. Table 3 summarizes the data for comparison purposes. Racial diversity is low in Lewis County (97.3% white), compared to West Virginia (92.8% white) and the U.S. (75.5% white). Lewis County hosts a low racial diversity compared to the state and national averages, at 97.3% white.

The rate of owner-occupied housing in Lewis County is slightly lower than that of West Virginia and higher than that of the U.S. Median housing values are lower in Lewis County by comparison. The median household income in Lewis County is also considerably lower when compared to the West Virginia and national averages.

The rate of persons in poverty is the same in Lewis County as it is in the state of West Virginia, and higher than the rate throughout the U.S. The U.S. Census Bureau defines persons in poverty as those living below the poverty threshold, which is determined based on several factors including but not limited to current inflation rates, gross household income, and family size. For example, the 2022 poverty threshold for a three-person family unit is a household gross income of $23,280. Lewis County is noted as having a higher rate of persons in poverty than the national averages, at 17.9%.

Table 3. Census QuickFacts for Lewis County, West Virginia Compared with West Virginia and United States, https://www.census.gov/quickfacts/fact/table/US/PST045219.

Fact Lewis Co., West Virginia

West Virginia United States

Population Population estimates, July 1, 2022, (V2022) 16,767 1,774,035 333,271,411 Race and Hispanic Origin White alone, percent 97.3% 92.8% 75.5% Black or African American alone, percent 0.7% 3.7% 13.6% American Indian and Alaska Native alone, percent 0.20% 0.30% 1.30%

Asian alone, percent 0.40% 0.90% 6.3% Native Hawaiian and Other Pacific Islander alone, percent Z Z 0.30%

Two or More Races, percent 1.30% 2.2% 3.0% Hispanic or Latino, percent 1.4% 2.1% 19.1% White alone, not Hispanic or Latino, percent 96.0% 91.2% 58.9% Housing Housing units, July 1, 2022, (V2022) 8,220 861,663 143,786,655 Owner-occupied housing unit rate, 2018-2022 72.7% 74.2% 64.8% Median value of owner-occupied housing units, 2018-2022 $134,100 $145,800 $281,900

Median selected monthly owner costs – with a mortgage, 2018-2022 $1,085 $1,180 $1,828

Median selected monthly owner costs – without a mortgage, 2018-2022 $314 $371 $584

Median gross rent, 2018-2022 $726 $831 $1,268 Building Permits 0 4,014 1,511,102 Income & Poverty Median household income (in 2022 dollars), 2018-2022 $50,552 $55,217 $75,149

Per capita income in past 12 months (in 2022 dollars), 2018-2022 $31,444 $31,462 $41,261

Persons in poverty, percent 17.9% 17.9% 11.5% Z= Value greater than zero but less than half unit of measure shown

a. Alternative 1 (No Action) - This alternative would have no impact on this resource (including no beneficial impacts).

b. Alternative 2 (Proposed Alternative) - Short-term positive impacts would occur due to construction activities at the site. Local residents may be employed in the construction crews. Also, positive impacts to nearby businesses would occur due to the influx of construction workers and the advent of increased food and fuel sales. Short-term negative https://www.census.gov/quickfacts/fact/table/US/PST045219 impacts would occur due to construction activities at the site, possibly preventing partial use of some of the landowner’s properties. Negative impacts to any nearby commercial operations should be short-term, and negligible to minimal, and limited to traffic flow interruptions. Work under this alternative is not predicted to impact the socioeconomics of the area.

9. Environmental Justice

Existing Conditions – The areas to be impacted are located along existing access roads/residential drives in a rural region of Lewis County, near the town of Weston. The US EPA EJSCREEN Community Report (EJSCREEN - Version 2021) (https://ejscreen.epa.gov/mapper/, accessed 10/31/24) measures a total population of 750 people within the local community. The Local community area is defined as a one-mile radius of the project (Appendix B.5). The US EPA UJSCREEN data indicates that 30% of the local community is low income as opposed to 38% for the state average and 30% for the USA average. The U.S. Census Bureau defines low income as a household whose income level does not exceed 150% of the national poverty threshold. Additionally, the US EPA UJSCREEN data indicates that 11% of the local community are unemployed as opposed to 7% for the state average and 6% for the USA average. That places the local community in the 84percentile nationally for unemployment. These statistics pair with the percentage of people in the local community over age 64 which is 27% for the local community, 21% statewide, and 18% nationally. That places the local community in the 80 percentile nationally for the population over age 64. US EPA EJSCREEN data indicates that the per capita income for residents within a one-mile radius of the site is $48,243. The minority population within that area is 14%. Out of a total of 31 occupied housing units by tenure, 75% are owner occupied. A complete report is found in Appendix B.

Additionally, see Table 3. (Census QuickFacts for Lewis County, WV Compared with West Virginia and United States) for a comparison of demographic information in, Lewis County, WV versus West Virginia and U.S. Averages. Lewis County hosts a lower racial diversity compared to the state and national averages at 97.3% white. At 17.9% Lewis County is noted as having the same rate of persons in poverty as the state, and a higher rate than the nation (11.5%).

From a strictly environmental justice perspective, the local community ranks fairly low on a national level. Under all pollution variables, the local community ranked under a 33 percentile national ranking with the exception of the presence of lead paint (based on pre- 1960’s housing) where it ranked in the 50 percentile nationally. It should be noted that landslides are not tracked by the EJSCREEN report. But according to WVAML staff, the presence of AML hazards continue to negatively and disproportionately impact environmental justice (EJ) populations in the state.

https://ejscreen.epa.gov/mapper/

a. Alternative 1 (No Action) - This alternative would have a long-term negative impact by leaving the existing landslides in place. The local low-income residents would bear the brunt of the impacts should this happen.

b. Alternative 2 (Proposed Alternative) - Short-term positive impacts would occur due to construction activities at the site. Local EJ populations may be employed in the construction crews. Also, the long-term benefit of not having an acute or catastrophic landslide would alleviate the burden of such an event on the local low-income EJ populations.

Negative impacts to EJ populations should be short-term, and negligible to minimal, and limited to traffic flow interruptions.

10. Transportation

Existing Conditions – The area to be impacted is located along existing roads in a rural region of Lewis County, near the town of Weston. This area is accessible by existing access roads/residential roads. Statewide traffic volume information was obtained from the WVDOT Division of Highways – Planning Division – Transportation Modeling and Analysis Unit as available on their website: https://gis.transportation.wv.gov/aadt/ (accessed 10/31/24). The nearest and most relative traffic sampling station is on Skin Creek Road (Station 213081).

According to the data, the annual average daily traffic (AADT) value is 295 vehicles including 58 trucks. No public transportation exists in the vicinity of the project area.

b. Alternative 2 (Proposed Alternative) – This alternative would have minimal impacts to local traffic by adding additional commercial vehicles during construction. Traffic on County Route 36 (Little Skin Creek Rd.) would not be blocked or regulated. Local residents that use Curtis Lane would experience some inconvenience during construction. However, sufficient parking and staging areas have been designed into the project plans to help minimize this disruption. Any secondary or access road damage created during the repair of the landslides would be repaired if needed.

11. Recreation

Existing Conditions – There are three large public recreation properties in the vicinity of the project: Stonewall Resort State Park, Stonewall Jackson Lake Wildlife Management Area, and Stonecoal Lake Wildlife Management Area as per the federal and state lands maps located at https://maps.usgs.gov/padus/ (accessed 6/17/24) and http://www.wvstateparks.com/map.html (accessed 6/17/24). These WMAs provide opportunities for hunting, fishing, trapping, birding, hiking, etc. The lakes and the State Park provide additional recreational opportunities such as boating, swimming, golfing, lodging, https://gis.transportation.wv.gov/aadt/ https://maps.usgs.gov/padus/ http://www.wvstateparks.com/map.html dining, special events, etc. Also, local residents use their own private property for recreational opportunities. Some of these opportunities are likely to occur in close proximity to the existing landslides.

a. Alternative 1 (No Action) - This alternative would eventually lead to impacts on Stonewall Jackson Lake. With no action, the landslides would continue to encroach upon UNT to Little Skin Creek which is a direct tributary to the lake. Erosion and sedimentation within the stream would likely occur when the landslides reach the channel. Additionally, the local residents may experience restrictions on their recreational use of their properties due to landslide activity. This action would have no beneficial impacts.

b. Alternative 2 (Proposed Alternative) – The project would have a short-term negative impact during construction to those who use the area to recreate. Erosion and sediment impacts would be kept to a minimum by assuring compliance with the submitted and approved erosion and sediment control plan specifications. Upon completion of construction, water quality and aesthetics should improve as there would no longer be a discharge of sediment from the landslides into the nearby UNT to Little Skin Creek. Blocking of the existing access roads/residential roads and noise associated with the project may have short term, minimal impacts on those that use the area. Impacts would be minimized due to the short duration of the project.

12. Noise

Existing Conditions – The project site is located in a rural area of Lewis County, along County Road 36 near the town of Weston, and along an existing residential road.