16-432_NC704_BridgeNo.8_BO_FINAL.pdf

Biological Opinion
Bridge No. 8 Replacement over the Dan River on NC 704
Stokes County, North Carolina
FWS Log # 16-432
U.S.
FISH &WILDLIFE
SERVICE
,*A, I
Prepared by:
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa St.
Asheville, NC 28801
'j/J �1
Ja et izzi, Field Supe i oe Date

November 1, 2019
Bryan Roden -Reynolds, WPIT
Regulatory Project Manager
U.S. Army Corps of Engineers
Charlotte Regulatory Office
8430 University Executive Park Drive
Charlotte, NC 28262
Dear Mr. Roden -Reynolds,
Subject: Biological Assessment on the Potential Effects to James spinymussel (Parvaspina
collina) and Additional Federally Listed Species, Bridge No. 8 Replacement over the Dan
River on NC 704 (WBS element # 17BP.9.R.72) Stokes County, NC
This document transmits the U.S. Fish and Wildlife Service's (Service) biological opinion
(Opinion) based on our review of the subject biological assessment (BA) on the effects of the
subject bridge replacement on the James spinymussel (Pleurobema collina) in accordance with
section 7 of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
On May 11, 2016, Amy Euliss and Stephanie Braquet of The North Carolina Department of
Transportation (NCDOT) conducted a survey for the federally endangered Cardamine
micranthera (small-anthered bittercress) 200 feet up and downstream of Bridge No. 8. No
Cardamine species were observed. Due to the close proximity of other element occurrences, we
concur with your effect determination of "May Affect, Not Likely to Adversely Affect" C.
micranthera.
We received a request for formal consultation from the United States Army Corps of Engineers
(USACE) on June 20, 2019. This Opinion is based on information provided in the June 20, 2019
BA; other available literature; personal communications with experts on the federally
endangered James spiny mussel; and other sources of information. A complete administrative
record of this consultation is on file at this office.
CONSULTATION HISTORY
November 16, 2018 — Claire Ellwanger (Service) and Amy Euliss (NCDOT) discussed project
specifics and consultation details on the phone.
December 6, 2018 — Claire Ellwanger (Service) met Amy Euliss (NCDOT) and Tom Dickinson
(Three Oaks) met onsite to discuss potential avoidance and minimization measures.

June 20, 2019 — Formal consultation initiated with the United States Army Corps of Engineers
(USACE)
August 23, 2019 — Service requested to revise the conservation measure for relocation of James
spinymussels in the project area.
September 9, 2019 — NCDOT provided email correspondence revising the conservation measure,
committing to contribute to the North Carolina Non -game Aquatic Species Fund
(NCNASF) and collaborate with the Service and NCWRC to conduct pre -construction
surveys and relocation of James spinymussels.
September 18, 2019 — Service, North Carolina Wildlife Resources Commission (NCWRC), and
NCDOT conducted a site visit to check the causeway areas for James spinymussels and
found one individual. The mussel was relocated upstream.
September 19, 2019 — Service received email confirmation that NCDOT would commit to
contributing $25,000 to the NCNASF.
BIOLOGICAL OPINION
1. DESCRIPTION OF THE PROPOSED ACTION
As defined in the Service's section 7 regulations (50 CFR 402.02), "action" means "all
activities or programs of any kind authorized, funded, or carried out, in whole or in part, by
federal agencies in the United States or upon the high seas." The action area is defined as
"all areas to be affected directly or indirectly by the federal action and not merely the
immediate area involved in the action." The direct and indirect effects of the actions and
activities must be considered in conjunction with the effects of other past and present
federal, state, or private activities, as well as the cumulative effects of reasonably certain
future state or private activities within the action area. This Opinion addresses only those
actions from which the Service believes adverse effects may result. In their biological
assessment, the NCDOT outlined those activities involved in the construction and
demolition of Bridge Number 8, on NC 704 over the Dan River that would affect the
James spinymussel. This Opinion addresses whether replacing the existing bridge is likely
to jeopardize the continued existence of the James spinymussel.
The proposed action, as defined in the biological assessment, is to replace Bridge No. 8
over the Dan River and demolish the existing bridge as follows:
The existing 287-foot long bridge will be replaced with a bridge approximately 302 feet
long, providing a minimum 34-foot wide clear deck width. The bridge will include two 1I-
foot lanes and a varying offset between 5 and 8.5 feet. The approach roadway will extend
approximately 919 feet from the northeast end of the new bridge and 724 feet from the
southwest end of the new bridge. The approaches will be widened to include a 22-foot
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pavement width, providing two 11-foot lanes. Five-foot grass shoulders will be provided
on each side (eight -foot shoulders where guardrail is included). The roadway will be
designed as a major collector using Sub -Regional Tier Guidelines with a 60 mile per hour
design speed (NCDOT 2015). The new bridge will be constructed along a new alignment
north of the existing bridge. Traffic will use the existing roadway and structure during
construction.
Bridge No. 8 is a five -span structure consisting of an asphalt overlay on a concrete deck, on
concrete T-beams, supported by reinforced concrete abutments and four reinforced
concrete interior piers. The existing bridge was constructed in 1952. Average daily traffic
in 2013 was 480 vehicles; a detour would take nine miles (NCDOT 2015). Bridge 8 will be
replaced by a structure immediately upriver and west of the existing structure. The
alignment of NC 704 will be shifted slightly to accommodate this new bridge location and
new roadway alignment. Traffic will remain on the existing bridge until the new bridge is
complete (see permit drawings in Appendix B of BA, NCDOT 2019). The new bridge will
be wider than the existing bridge to provide the required shoulders necessary for roadway
and drainage. The roadway will be slightly widened to provide the minimum lanes for safe
travel. The roadway grade of the new structure will be approximately the same as the
existing structure. One interior pier will be placed in the water for the new bridge, reducing
the number of bents in the water currently from two to one.
Bridge Removal
The contractor will be required to submit a proposed demolition plan for approval by the
Resident Engineer. That plan will be submitted to the Service for review and comment.
Prior to bridge demolition, all asphalt -wearing surfaces will be removed from the concrete
deck in a manner that does not allow asphalt to enter the river. The removal of all concrete
deck, rail, diaphragms, and girders will be done by saw -cutting or non -shattering methods.
A containment system will be used to catch debris that inadvertently falls into the river. If
debris does enter the river, it will be removed. If the debris cannot be removed without
disturbing the stream bed, the Service will be consulted for removal.
Temporary causeways will be used for demolition of the existing bridge and construction
of the new bridge on each side of the river. The causeways will be staged and will not
impede more than half of the flow of the river at any time. Turbidity curtains will be used
during in -water work, including causeway placement and removal and bridge bent
installation and removal. When bridge bents have been removed to the water surface
elevation, the remaining concrete mass will be removed to streambed elevation by
underwater sawing or the use of a hoe ram to break the bent at the streambed interface and
lift it out as a unit. The disturbance of the stream bottom will be limited to a 3-foot-wide
area around the perimeter of the bent. The existing footing below the streambed will be left
in place to avoid additional streambed disturbance.
No explosives will be used to remove the existing bridge. Saw slurry will be contained by
approved vacuum methods.

Activities in the floodplain of the Dan River will be limited to those needed to construct
the proposed bridge and remove the existing bridge. Any material deposited in the
floodplain as a result of the project will be removed and the floodplain restored after the
project is completed.
Action Area
The project action area is defined as all areas to be affected directly or indirectly by the
federal action and not merely the immediate area involved in the action (50 CFR 402.02).
The action area for this Opinion is located on the Dan River in Stokes County, North
Carolina. For this type of bridge replacement, the limits of the effects are generally
considered to include the limits of construction of the approach on both sides of the
structure and any area receiving runoff from the construction activity, including the
receiving stream, extending 400 meters downstream of the structure as well as a 100m
buffer upstream of the structure.
The Upper Dan River Subbasin runs along the North Carolina / Virginia state line and
contains a mixed land use of agriculture, forest, and some residential areas. The Upper Dan
River Subbasin is the western -most subbasin of the Roanoke River Basin (HUC#
03010103). The Dan River arises in Virginia on the eastern slope of the Blue Ridge
Mountains. Upon entering North Carolina, it passes through Stokes, Rockingham, and
Caswell counties before reentering Virginia. The overall Dan River watershed
encompasses 3,300 square miles with approximately equal areas in North Carolina and
Virginia. The Dan River flows approximately 155 river miles (RM) from Bridge No. 8 to
its confluence with the Roanoke River in Virginia at Buggs Island Lake (John H. Kerr
Reservoir).
Ecological Significance
The Dan River subbasin supports a number of rare fish and mussel species, including the
federally endangered James spinymussel (Table 1). The federally endangered Roanoke
logperch (Percina rex) has been found in a few isolated areas in the Dan River drainage in
Virginia and in the Smith River in Rockingham County, North Carolina.
Table 1. Rare Aquatic Species in the Dan River.
Scientific Name
Common Name
North Carolina
Status
Federal Status
Mussels:
Alasmidonta undulata*
Triangle floater
T
Alasmidonta varicosa*
Brook floater
E
ARS
Fusconaia masoni*
Atlantic pigtoe
E
PL
Lasmigona subviridis
Green floater
T
4

Pleurobema collina
James spinymussel
E
E
Stro hitus undulatus*
Creeper
T
Villosa constricta
Notched rainbow
Sc
Fish:
Ambloplites cavifrons
Roanoke bass
SR
Etheostoma podostemone
Riverweed darter
SC
Exo lossum maxillin ua
Cutli s minnow
E
Hypentelium roanokense
Roanoke hogsucker
SC
Noturus gilberti
Oran efin madtom
E
ARS
Noturus insignis ssp I
Spotted margined madtom
SR
ARS
Percina rex^
Roanoke logperch
E
Scartom zon ariommus
I Bi e e jumprock
SC (PT)
Thoburnia hamiltoni
I Rustyside sucker
E
ARS
*Known only from tributaries in the Dan River basin.
^Known from the subbasin in Virginia.
E, T, SC, SR, PT, PL and ARS denote Endangered, Threatened, Special Concern (North Carolina), Significantly
Rare (North Carolina), Proposed Threatened (North Carolina), Proposed for Listing, and At Risk Species.
The North Carolina Natural Heritage Program considers the Dan River aquatic habitat in
Stokes County to be of "National Significance."' The significance of this site was
assigned to the Dan River prior to finding out that rare freshwater mussel species occurred
there, including the James spinymussel.
This Subbasin drains five counties within North Carolina: Surry, Stokes, Forsyth,
Rockingham, and Caswell, it is within the Blue Ridge and Piedmont physiographic
provinces of North Carolina. The 2010 human population for the Upper Dan River
subbasin was 124,907. In 2011, land cover in the subbasin was estimated to be 8.1%
developed, 64.5% forested, 16.5% agricultural, 6.5% grassland/herbaceous, 3.1%
shrubland, and <1 % wetlands, open water, and barren land (StreamStats Version 4). Please
note: The NC Division of Water Resources (NCDWR) was formerly named the NC
Division of Water Quality (NCDWQ). When reference is made to the NCDWQ, it is
because these documents were released before the name changed. In addition, the NC
Department of Environment and Natural Resources (NCDENR) was renamed the
Department of Environmental Quality (NCDWQ); any citations that refer to NCDENR
were released before the name was changed.
The Dan River was listed as impaired by the NCDWQ for aquatic life due to high turbidity
levels in 2002 and high fecal coliform bacteria levels in 2008. The NCDWQ completed a
Total Maximum Daily Load assessment (TMDL) for turbidity on the entire Dan River in
1 The North Carolina Natural Heritage Program maintains a database of rare plant and animal species and significant
natural areas for the State of North Carolina. Natural areas (sites) are inventoried and evaluated on the basis of rare
plant and animal species, rare or high -quality natural communities, and geological features occurring in the
particular site. These sites are rated with regard to national, state, and regional significance. This list contains those
areas that should be given priority for protection; however, it does not imply that all of the areas currently receive
protection (NCDENR, Division of Parks and Recreation, 1995).

2005 and concluded that the dominant sources of sediment were rural erosion sites
(NCDWQ 2012).
Nonpoint Source Pollution
Various Nonpoint Source (NPS) management programs have been developed by a number
of agencies to control specific types of NPS pollution (e.g. pesticide, urban, and
construction related pollution, etc.). Each of these management plans develops Best
Management Practices (BMPs) to control for a specific type of NPS pollution.
When crossing an aquatic resource containing a federally listed species, as is the case with
this project, NCDOT has committed to implementing erosion control guidelines that go
beyond both the standard BMPs, as well as the Design Standards in Sensitive Watersheds,
regardless of the NCDWR classification. These areas are designated as "Environmentally
Sensitive Areas" on the erosion control plans (see Section 4.1 of the BA, NCDOT 2019).
A. Conservation Measures
The following measures are being implemented by NCDOT to avoid/minimize and offset
potential effects from construction activities to the James spinymussel.
Erosion Control Measures
When projects occur in watersheds that contain protected aquatic species, NCDOT
implements erosion control measures that exceed the standard Best Management Practices.
Additionally, the contractor will incorporate the Design Standards in Sensitive Watersheds
[15A NCAC 04B .0124 (b) — (e)], regardless of the NCDWR stream classification. For this
project, NCDOT will require Design Standards in Sensitive Watersheds throughout the
entire project.
NCDOT's Design Standards in Sensitive Watersheds are:
• Erosion and sedimentation control measures, structures, and devices within a sensitive
watershed shall be so planned, designed and constructed to provide protection from the
runoff of the 25-year storm which produces the maximum peak rate of runoff as
calculated according to procedures in the "Erosion and Sediment Control Planning and
Design Manual" or according to procedures adopted by the North Carolina Department
of Transportation.
• Sediment basins within sensitive watersheds shall be designed and constructed such
that the basin will have a settling efficiency of at least 70 percent for the 40 micron
(0.04mm) size soil particle transported into the basin by the runoff of the two-year
storm which produces the maximum peak rate of runoff as calculated according to
2 Nonpoint source (NPS) pollution refers to runoff that enters surface waters through stormwater or snowmelt. There
are many types of land use activities that are sources of nonpoint source pollution, including land development,
construction activity, animal waste disposal, mining, agriculture, and forestry operations, as well as impervious
surfaces such as roadways and parking lots.
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procedures in the "Erosion and Sediment Control Planning and Design Manual" or
according to procedures the North Carolina Department of Transportation.
• Erosion and sedimentation control measures will include the use of flocculants in
appropriate areas to improve the settling of sediment particles and reduce turbidity
levels in construction runoff. The use of flocculants will conform to the Division of
Water Resources's approved product list.
• Newly -constructed open channels in sensitive watersheds shall be designed and
constructed with side slopes no steeper than two horizontal to one vertical if a
vegetative cover is used for stabilization unless soil conditions permit a steeper slope
or where the slopes are stabilized by using mechanical devices, structural devices or
other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient
to restrain accelerated erosion.
• Ground cover sufficient to restrain erosion must be provided for any portion of a land -
disturbing activity in a sensitive watershed (HQW) within seven calendar days
following completion of construction or development.
Environmentally Sensitive Areas within the Action Area will be identified as such on the
Sedimentation and Erosion Control Plans. By definition, the Environmentally Sensitive
Areas will be identified as a 50-foot (15.2-meter) buffer zone on both sides of the river
measured from top of streambank extending 400-meters downstream and 100-meters
upstream of the bridge crossing. This Environmentally Sensitive Area also includes a 50-
foot buffer zone on both sides of the unnamed tributary into the Dan River. Within the
identified 50-foot (15.2-meter) Environmentally Sensitive Areas, the following shall apply:
I. In areas identified as Environmentally Sensitive Areas, the Contractor may perform
clearing operations, but not grubbing operations until immediately prior to
beginning grading operations as described in Article 200-1 of the Standard
Specifications. Only clearing operations (not grubbing) shall be allowed in this
buffer zone until immediately prior to beginning grading operations. Erosion
control devices shall be installed immediately following the clearing operation.
2. Once grading operations begin in identified Environmentally Sensitive Areas, work
shall progress in a continuous manner until complete. All construction within these
areas shall progress in a continuous manner such that each phase is complete and
areas are permanently stabilized prior to beginning of next phase. Failure on the part
of the contractor to complete any phase of construction in a continuous manner in
Environmentally Sensitive Areas will be just cause for the Engineer to direct the
suspension of work in accordance with Article 108-7 of the Standard Specifications.
3. Seeding and mulching shall be performed in accordance with Section 1660 of the
Standard Specifications and vegetative cover sufficient to restrain erosion shall be
installed immediately following grade establishment. Seeding and mulching shall be
performed on the areas disturbed by construction immediately following final grade
establishment. No appreciable time shall lapse into the contract time without
stabilization of slopes, ditches and other areas within the Environmentally Sensitive
Areas.
4. The work covered by this section shall consist of the establishment of a vegetative
cover on cut and fill slopes as grading progresses. Seeding and mulching shall be done
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in stages on cut and fill slopes that are greater than 20 feet (6.1 meters) in height
measured along the slope, or greater than 2 acres (0.81 hectare) in area, whichever is
less. Each stage shall not exceed the limits stated above.
All sedimentation and erosion control measures, throughout the project limits, must be
cleaned out when half -full of sediment, to ensure proper function of the measures.
Bridge Deck Drainage
The design for Bridge No. 8 will eliminate deck drains into the Dan River. Stormwater will
be collected in catch basins and then flow through a vegetated buffer to the maximum
extent practicable. Rip rap may be used if needed to control erosive velocities.
Agency Coordination
NCDOT will invite representatives from the Service, USACE, NCWRC, and NCDWR to
an on -site preconstruction meeting with the project contractor to discuss the provisions of
the biological opinion and environmental permits. They will also provide the listed
agencies notification of start of work.
Construction Practices
NCDOT will strongly discourage the contractor from choosing borrow/waste site locations,
staging areas, equipment storage areas, and refueling areas within 0.1 mile of the Dan
River by putting such language in the project commitments. However, if the contractor
opts to pursue borrow or waste sites in these locations, the NCDOT Division
Environmental Officer will coordinate with the appropriate agencies during the approval
process of any borrow or waste sites. Note that the contractor must follow provisions in the
Standard Specifications for Roads and Structures (January 2012) for borrow excavation
(Section 230) and disposal of waste and debris (Section 802).
Activities in the floodplain will be limited to those absolutely necessary to construct the
proposed bridge and remove the existing bridge. Areas used for borrow or construction
byproducts will not be located within the 100-year floodplain.
All construction equipment will either be refueled outside the 100-year floodplain or use
refueling diapers and secondary containment.
Preconstruction Survey, Potential Mussel Relocation, and Post Construction Monitoring
NCDOT, the Service, and NCWRC will conduct preconstruction surveys (just prior to
construction) at the Dan River crossing and remove mussels from a defined area (salvage
area) and relocate them to appropriate habitat within the Dan River outside of the salvage
area (relocation site).

NCDOT will contribute $25,000 to the NCNASF (NC Non -game Aquatic Species Fund) to
aid in species recovery efforts.
Additional Measures to Minimize Effects to James Spinymussel
The following additional measures will be undertaken by NCDOT to further reduce
construction related effects to the Dan River at Bridge 8:
Bridge length will increase from 287 feet to 302 feet, with three spans reduced from
five.
Existing bents will be removed to streambed elevation, and one bent will be placed
in the river (a reduction from two existing in -water bents).
Disturbed stream banks will be revegetated with native riparian seed mix.
II. STATUS OF THE SPECIES
A. Species Description
The James spinymussel was listed as an endangered species on July 22, 1988 (53 FR
27693). Critical habitat is not designated for this species. This mussel was formerly
believed to be endemic to the James River basin in Virginia. In October 2000, the
NCDOT and Service biologists discovered the James spinymussel in the Dan River in
Stokes County, North Carolina, and in August 2001, NCDOT biologists found it in the
Mayo River in Rockingham County, North Carolina. Prior to its decline in Virginia,
the species apparently lived throughout the James River above Richmond, in the
Rivanna River, and in ecologically suitable areas in all of the major upstream
tributaries. There are historic records of collections from several locations on the main
stem of the James River and nine sites on tributaries. Much of the species' decline has
occurred since the mid- 1960s, and the James spinymussel appears to be extirpated from
90 percent of its historic range in the James River basin.
The James spinymussel is a small freshwater mussel slightly less than three inches in
length. Adults have a dark brown shell with prominent growth rings and occasionally,
short spines on each valve. Young mussels have a shiny yellow shell with or without
one to three short spines.
B. Life History
Like other freshwater mussels, this species is a filter feeder. It feeds on plankton
collected from water that is passed over its gills. Females carry eggs in their gills.
During spawning, the male releases sperm into the water column and the sperm is taken
into the female through the gills. The resulting larvae (known as glochidia) are released
from the female into the water column and must attach to a fish host to survive. While
attached to a fish host, development of the glochidia continues. Once metamorphosis is
complete, the juvenile mussel drops off the fish host and continues to develop on the
stream bottom. Known fish hosts for this species include the Bluehead Chub (Nocomis
0

leptocephalus), Rosyside Dace (Clinostomus funduloides), Blacknose Dace
(Rhinichthys atratulus), Mountain Redbelly Dace (Phoxinus oreas), Rosefin Shiner
(Lythrurus ardens), Satinfin Shiner (Cyprinella analostana), Central Stoneroller
(Campostoma anomalum), and Swallowtail Shiner (Notropis procne) (Service 1990).
C. Status and Distribution
The James spinymussel is known to occur in portions of the James River Basin in
Virginia, and the Dan River Subbasin of the Roanoke River Basin in North Carolina
and Virginia and is found in waters with slow to moderate current and relatively hard
water on sand and mixed sand -gravel substrates that are free from silt. Prior to its
decline, this freshwater mussel was found throughout the upper James River above
Richmond, Virginia and in all of its major upstream tributaries. At the time of listing
the species had not been recorded in the Dan River Subbasin; thus, historical
information regarding the distribution in the basin is unknown. The species has
declined rapidly during the past several decades and now exists only in small,
headwater tributaries of the upper James River Basin in Virginia and West Virginia and
the upper Roanoke River drainage of Virginia and North Carolina (NatureServe 2017a).
Threats to James spinymussel
The cumulative effects of several factors, including sedimentation, point and non -point
discharge, stream modifications (impoundments, channelization, etc.), toxic
contaminants, and hydrologic changes due to land use changes have contributed to the
decline of this species throughout its range. A detailed discussion of these threats can
be found in the BA (NCDOT 2019). When mussel populations are reduced to a small
number of individuals and are restricted to short reaches of isolated streams, they are
extremely vulnerable to extirpations from a single catastrophic event or activity
(Strayer et al. 1996). Catastrophic events may consist of natural events such as flooding
or drought, as well as human influenced events such as toxic spills associated with
highways, railroads, or industrial -municipal complexes.
III. ENVIRONMENTAL BASELINE
Under section 7(a)(2) of the Act, when considering the "effects of the action" on federally
listed species, we are required to take into consideration the environmental baseline. The
environmental baseline includes past and ongoing natural factors and the past and present
impacts of all federal, state, or private actions and other activities in the action area
(50 CFR 402.02), including federal actions in the area that have already undergone
section 7 consultation, and the impacts of state or private actions that are contemporaneous
with the consultation in process. The environmental baseline for this Opinion considers all
projects approved prior to the initiation of formal consultation with the Service.
Since the James spinymussel was discovered in the Dan River basin almost 20 years ago,
the species has been found throughout the watershed. Information on the status and
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distribution of the species is in the final rule and recovery plan listed in the Literature Cited
section.
Mussel surveys were conducted on October 13, 2016, from approximately 1,312 ft (400
meters) downstream of the bridge crossing to approximately 328 ft (100 meters) upstream
of the crossing for a distance of approximately 1,640 ft (500 meters), encompassing the
Action Area.
A total of 14.7 person hours of survey time were spent in the reach, with three species of
freshwater mussel, the Eastern Elliptio (Elliptio complanata), James Spinymussel, and
Notched Rainbow (Villosa constricta), being found (Table 2). Other mollusk species found
during the survey included the Asian Clam and the aquatic snail Crested Mudalia (Leptoxis
carinata). All of the freshwater mussels observed occurred within an approximately 60-feet
section of the creek between 120-180 feet downstream of the bridge and all but five
individuals were found in a back eddy habitat created by an embedded log along the left
descending bank, approximately 120 feet downstream of the bridge.
TABLE 2. Action Area mussel survey results
Scientific Name
Common Name
# live
Abundance/
CPUE
Freshwater Mussels
CPUE
lliptio complanata
Eastern elliptio
271
18.44/hr
arvaspina collina
James spinymussel
2
0.14/hr
Villosa constricts
Notched rainbow
1
0.07/hr
Freshwater Snails and Clams
Relative
Abundance
Corbicula fluminea
Asian clam
C
eptoxis carinata
Crested mudalia
P-C
IV. EFFECTS OF THE ACTION
Under section 7(a)(2) of the Act, "effects of the action" are all consequences to listed
species or critical habitat that are caused by the proposed action, including the
consequences of other activities that are caused by the proposed action. A consequence is
caused by the proposed action if it would not occur but for the proposed action and it is
reasonably certain to occur. Effects of the action may occur later in time and may include
consequences occurring outside the immediate area involved in the action. The federal
agency is responsible for analyzing these effects. The effects of the proposed action are
added to the environmental baseline to determine the future baseline, which serves as the
basis for the determination in this Opinion. Should the effects of the federal action result
in a situation that would jeopardize the continued existence of the species, we may propose
reasonable and prudent alternatives that the federal agency can take to avoid a violation of
section 7(a)(2). The discussion that follows is our evaluation of the anticipated direct and
11

indirect effects of replacing Bridge No. 8. Indirect effects are those caused by the
proposed action that occur later in time but that are still reasonably certain to occur
(50 CFR 402.02).
A. Factors to be considered
Proximity of the Action — James spiny mussel individuals have been observed
downstream of the bridge replacement. Although measures to avoid and minimize
impacts to the Dan River and the James spinymussel are included in the project plans,
implementation of this project will result in unavoidable impacts to the river habitat and
to individual mussels.
Timing —Construction will begin as soon as February 2021. The expected duration is
18 months. Demolition will occur as early as March 2022.
Nature of the Effect - Suitable in -stream habitat at the construction site will be affected
for the duration of the construction and demolition and likely for some period after
completion of the project. Portions of the habitat may be impacted permanently. A
small portion of the riparian area at the site will be cleared for equipment access and
may result in temporary increases in water temperature until reforestation can occur.
Disturbance Duration, Frequency, and Intensity - The majority of the disturbance to the
riverbed will occur in separate blocks of time that will be short in duration. Initially,
riverbed disturbance will occur as temporary causeways are placed in the river.
Riparian vegetation removal will be conducted and stabilized through erosion -control
measures and a combination of hardened work pads and immediate seeding and
mulching.
B. Analysis of Effects of the Action
Potential Beneficial Effects
Reduction in direct storm -water runoff. NCDOT has committed to eliminating deck
drainage directly into any waterbody within the Action Area, as well as a commitment
to match the post -discharge to the pre -construction conditions. These actions will
reduce the potential for adverse effects from roadway runoff and the elimination of
direct discharge may result in a small localized beneficial effect compared to existing
conditions with the current structure which has direct discharge to the river.
Reduction of number of bents in the stream:
The number of in -water bents will be reduced from two (current bridge) to one
(proposed bridge). This reduction in permanent structures in the stream will help restore
channel flow to more normal conditions, compared to current conditions and may
actually result in a small beneficial effect.
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Direct Impacts
Actions that may result in direct impacts include the construction of temporary work
bridges for construction of the new structure and demolition of the existing structure,
land clearing for access, toxic spills, the removal of temporary structures after
construction, and the demolition and removal of the existing bridge structure. All of
these activities have the potential to kill or injure mussels, either by crushing them,
poisoning them with the release of some toxic substance, or causing siltation that may
suffocate them. These actions may result in direct harm to individuals or negative
changes in currently suitable habitat.
Substrate Disturbance and/or Habitat Loss
Both permanent and temporary fill will impact the river. Temporary work pads will be
constructed for the construction of the new bridge and demolition of the old one.
Temporary fill will consist of 4,791 square feet for work pads. Permanent impacts will
result from <.02 acres of riprap to armor the bank, and 29 square feet of permanent fill
for the in -stream bent.
The unavoidable effects of bridge construction are expected to adversely affect existing
James spinymussel individuals in the Dan River in the construction footprint and
immediately downstream of the project area, but these effects are anticipated to be
temporary. The NCDOT, in collaboration with the Service and NCWRC, propose to
remove individuals from the impact sites and relocate them (see the "Conservation
Measures" section of this Opinion). Effects caused by bridge construction are not
likely to prevent recolonization of the James spinymussel into the action area in the
future.
Sedimentation and/or Siltation Impacts
Because of the topography and the erodible nature of the soils in the project area,
project construction has the potential to result in sedimentation in the Dan River. To
minimize the potential for sedimentation, the NCDOT has developed specific erosion -
control measures for this project that are designed to protect environmentally sensitive
areas. Adverse impacts to James spinymussel from sedimentation/erosion due to project
construction is difficult to predict because it is dependent on several factors. These
factors include the frequency and duration of rainfall events during construction that
exceed the erosion control design devices, construction duration and adherence to
proper maintenance of erosion control devices, and the promptness to respond and
remediate erosion control failures. If sediment inputs from construction occur, they
should be of short duration, and temporary in the project area.
Indirect Impacts
Indirect effects are defined as those that are caused by the proposed action and are later
in time but are still reasonably certain to occur (50 CFR 402.02). Indirect effects to the
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James spinymussel may include permanent changes in channel substrate or stability that
adversely affect the availability of suitable habitat in the vicinity of the bridge.
Additional indirect effects could result from infrastructure improvements and any
resulting improvements to levels of service, better accommodation of merging and
exiting traffic, or reductions in travel times that could have land development impacts
outside the project area. Careful implementation of project plans should reduce
permanent impacts to the Dan River habitat. Given that this project involves the
replacement of an existing structure in the same location, it is unlikely that the new
structure would increase accessibility to the adjacent land or result in changes in the
type or volume of traffic using the structure.
V. CUMULATIVE EFFECTS
Cumulative effects include the combined effects of any future state, local, or private actions
that are reasonably certain to occur within the action area covered in this Opinion. Future
federal actions that are unrelated to the proposed action are not considered in this section
because they require separate consultation pursuant to Section 7 of the Act.
The Service is not aware of any other future state, local, or private actions that are
reasonably certain to occur within the action area that would not be subject to Section 7
review. Therefore, cumulative effects, as defined by the Act, will not occur and will not be
addressed further in the Opinion.
Cumulative impact of incidental take anticipated by the Service in previously issued
biological opinions
In reaching the decision of whether the implementation of activities outlined in the BA is
likely to jeopardize the continued existence of the James spiny mussel, the Service must
factor into its analysis previous biological opinions issued involving the species, especially
those opinions where incidental take was presented as the amount (square footage) of
habitat lost. Only two biological opinions have been issued by the Service in North
Carolina (for bridge replacements B-4281, and both B-2639 and B-3045 in Stokes
County). The amount of take associated with the three projects was not to exceed 3,825 ft2
of combined permanent and temporary impacts. All other previously -issued Service
biological opinions involving the James spinymussel were rendered for activities in the
James River drainage in Virginia. All of those opinions were non jeopardy, and the amount
of take was assessed to be "minimal".
VI. CONCLUSION
After reviewing the current status of the James spinymussel; the environmental baseline for
the action area; the effects of bridge construction and demolition; measures identified in
the NCDOT's BA to help minimize the potential impacts of the proposed project and assist
in the protection, management, and recovery of the species; previously issued Service non -
jeopardy biological opinions that allow various levels of incidental take; and any potential
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cumulative effects, it is the Service's biological opinion that implementing this project is
not likely to jeopardize the continued existence of the James spinymussel. Critical habitat
does not occur in the project area; therefore, none will be adversely modified or destroyed
by implementing this project.
INCIDENTAL TAKE STATEMENT
Section 9 of the Act and federal regulations pursuant to section 4(d) of the Act prohibit the
taking of endangered and threatened species, respectively, without special exemption.
Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or attempt to engage in any such conduct. Harm is further defined by the Service
to include significant habitat modification or degradation that results in death or injury to
listed species by significantly impairing essential behavioral patterns, such as breeding,
feeding, or sheltering. Harass is defined by the Service as intentional or negligent actions
that create the likelihood of injury to listed species to such an extent as to significantly
disrupt normal behavior patterns that include, but are not limited to, breeding, feeding, or
sheltering. Incidental take is defined as take that is incidental to, and not for the purpose
of, the carrying out of an otherwise lawful activity. Under the terms of section 7(b)(4) and
section 7(o)(2), taking that is incidental to and not intended as part of the agency action is
not considered to be prohibited under the Act, provided that such taking is in compliance
with the terms and conditions of this incidental take statement.
Amount of take Anticipated
The Service anticipates that incidental take of the James spinymussel may occur as a result
of the construction of the bridge. During construction, individual mussels may be crushed,
harmed by siltation or other water quality degradation, or dislocated because of physical
changes in their habitat.
About 4,791 square feet of streambed will be temporarily impacted by the construction of
the temporary causeways. There will be 29 square feet of permanent fill for the instream
bent.
Within the footprint of the proposed project, a total of 4,820 square feet of streambed will
be impacted by construction equipment or structures placed in the river. Downstream
impacts would occur through sedimentation. Accordingly, to minimize the potential for
mortality of the James spinymussel, all mussels will be relocated from the river upstream
of the project area. Because there are no reliable data on the number of James spinymussels
buried in the substrate compared to those on the surface (and even those on the surface are
difficult to detect), it is not possible to base the amount of incidental take on numbers of
individual mussels. Rather, the amount of incidental take will be exceeded if the project
footprint exceeds 4,820 square feet. If incidental take is exceeded, all work should stop,
and the Service should be contacted immediately.
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EFFECT OF THE TAKE
In this Opinion the Service has determined that this level of take is not likely to result in
jeopardy to the James spinymussel or the destruction or adverse modification of critical
habitat.
Reasonable and Prudent Measures
The Service believes the following reasonable and prudent measures are necessary and
appropriate to minimize take of the James spinymussel. These nondiscretionary measures
include, but are not limited to, the terms and conditions outlined in this Opinion.
1. Construction and demolition activities will be implemented consistent with measures
developed to protect the James spinymussel, including those designed to maintain,
improve, or enhance its habitat.
2. The NCDOT, USFWS, and NCWRC will remove James spinymussels from the
impact site and relocate them to suitable locations upstream of the impacted areas.
Terms and Conditions
In order to be exempt from the prohibitions of section 9 of the Act, the NCDOT must
comply with the following terms and conditions, which implement the reasonable and
prudent measures described previously and outline required reporting and/or monitoring
requirements. These terms and conditions are nondiscretionary and apply to the Dan
River.
1. A Service biologist will be present at the preconstruction meeting to explain permit
conditions and discuss any questions the contractor has regarding implementation of
this project.
2. All appropriate NCDOT BMPs for bridge maintenance, construction, and demolition
will be followed or exceeded for this project.
3. Construction will be accomplished in a manner that prohibits wet concrete from
contacting water as it enters or flows in the river.
4. Upon completion of the project, the existing approach fill will be removed to natural
grade, and the area will be planted with native grasses and/or tree species as
appropriate.
5. Activities in the floodplain will be limited to those absolutely necessary to construct
the proposed bridge and remove the existing bridge. Areas used for borrow or
construction by-products will not be located in wetlands or the 100-year floodplain.
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6. All construction equipment should be refueled outside the 100-year floodplain or at
least 200 feet from all water bodies (whichever distance is greater) and be protected
with secondary containment. Hazardous materials, fuel, lubricating oils, or other
chemicals will be stored outside the 100-year floodplain or at least 200 feet from all
water bodies (whichever distance is greater), preferably at an upland site.
7. Riparian vegetation will be maintained to the maximum extent possible, especially
large trees.
8. If riparian areas are disturbed, they will be revegetated with native species as soon as
possible.
CONSERVATION RECOMMENDATIONS
Section 7(a)(1) of the Act directs federal agencies to use their authorities to further the
purposes of the Act by carrying out conservation programs for the benefit of endangered
and threatened species. The following conservation recommendations are discretionary
agency activities to minimize or avoid adverse effects of a proposed action on listed
species or critical habitat, to help implement recovery plans, or to develop information.
Pursue funding and partnership opportunities to complete any additional research,
inventory, and monitoring work in order to better understand the distribution and
autecology of the James spinymussel in the Dan River.
2. Where opportunities exist, work with landowners, the general public, and other
agencies to promote education and information about endangered mussels and their
conservation.
In order for the Service to be kept informed of actions minimizing or avoiding adverse
effects or benefiting listed species or their habitats, we request notification of the
implementation of any conservation recommendations.
REINITIATION/CLOSING STATEMENT
This concludes formal consultation on the actions outlined in the USACE BA on June 20,
2019, and request for formal consultation. As provided in 50 CFR 402.16, reinitiation of
formal consultation is required where discretionary federal agency involvement or control
over the action has been retained (or is authorized by law) and if. (1) the amount or extent
of incidental take is exceeded, (2) new information reveals effects of the agency action that
may affect listed species or critical habitat in a manner or to an extent not considered in
this Opinion, (3) the agency action is subsequently modified in a manner that causes an
effect to the listed species or critical habitat not considered in this Opinion, or (4) a new
species is listed or critical habitat is designated that may be affected by the action. In
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instances where the amount or extent of incidental take is exceeded, any operation causing
such take must cease, pending reinitiation. Consultation should also be reinitiated if new
biological information comes to light that invalidates the assumptions made regarding the
biology or distribution of the James spinymussel in the Dan River in North Carolina. If
there are any questions regarding this Opinion, please contact Ms. Claire Ellwanger of our
staff at 828/258-3939, Ext. 42235. Please refer to this USFWS project log number 16-432
in any future correspondence concerning this matter.
cc:
Mr. Matthew Haney, Biological Surveys Group, Environmental Analysis and Permitting Unit,
NCDOT, 1020 Birch Ridge Drive, Raleigh, NC 27610
Ms. Amy Euliss, NCDOT Division 9 Environmental Officer, 375 Silas Creek Parkway, Winston-
Salem, NC, 27127
Mr. Dave Wanaucha, North Carolina Division of Water Quality, Winston-Salem Regional
Office, 585 Waughtown Street, Winston-Salem, NC 27107
Ms. Marla J. Chambers, Western NCDOT Permit Coordinator, North Carolina Wildlife
Resources Commission, 12275 Swift Road, Oakboro, NC 28129
WV

Literature Cited
NatureServe. 2017a. NatureServe Explorer: An online encyclopedia of life [web
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North Carolina Department of Natural Resources (NCDENR) - Division of Water
Quality (DWQ). ROANOKE RIVER BASIN PLAN 2012
http://portal.ncdenr.org/web/wq/ps/bpu/basin/roanoke/2012
North Carolina Department of Transportation (NCDOT). 2015. Structure Safety Report,
Structure 840008, Stokes County.
North Carolina Department of Transportation (NCDOT). 2019. Biological Assessment
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listed species. Bridge No. 8 Replacement over the Dan River on NC 704 WBS
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Strayer, D. L., S. J. Sprague and S. Claypool. 1996. A range -wide assessment of
populations of the dwarf wedgemusseI (Alasmidonta heterodon). J. N. Am.
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U. S. Fish and Wildlife Service. 1988. Endangered and Threatened Wildlife and
Plants; Determination of Endangered Status for the James spinymussel.
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U. S. Fish and Wildlife Service (USFWS). 1990. James Spinymussel (Parvaspina
collina) Recovery Plan. Newton Corner, MA. 38 pp.
U.S. Fish and Wildlife Service and National Marine Fisheries Service. 1998. Endangered
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