20081798 Ver 1_Other Agency Comments_20060303

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
March 3, 2006
Philip S Harris, III, P E
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Mr Harris
This letter is in response to your letter of February 20, 2006 which provided the U S Fish and
Wildlife Service (Service) with the biological determination of the North Carolina Department of
Transportation (NCDOT) that the replacement of Bridge No 82 on SR 1316 over Cypress Creek
in Fianklm and Nash Counties (TIP No B-4587) may affect, but is not likely to adversely affect
the federally endangered dwarf wedgemussel (Alasmidonta heterodon) and Tar spmymussel
(Ellcptio steinstansana) In addition, NCDOT has determined that the proposed project will have
no effect on the federally endangered red-cockaded woodpecker (Picoades borealis) and
Michaux's sumac (Rhus michauxii) These comments are provided in accordance with section 7
of the Endangered Species Act (ESA) of 1973, as amended (16 U S C 1531-1543)
According to information provided, a mussel survey was conducted at the project site on June
14, 2005 The survey extended from the confluence of Cypress Creek with the Tar River to a
point 100 meters upstream of the bridge crossing Although neither of the federally listed
species was found, a viable mussel population was found to occur within the surveyed area As
noted in your letter, the Tar spmymussel has been observed farther downstream of the project
area in the Tar River
The Service cannot, at this time, concur with your determination that the project may affect, but
is not likely to adversely affect the dwarf wedgemussel and Tar spmymussel Howevei, we
would likely be able to concur with your determination if there was a commitment to implement
some conservation measures which would help avoid potential impacts to these species which
may occur farther downstream of the project site
Listed below are potential conservation measures which should be strongly considered for
implementation It is understood that not all of the following measures may be appropriate, but
we are willing to discuss any that NCDOT believes are not applicable
• Utilize an off-site detour
• Completely span the channel
• Avoid in-stream work
• Where possible, proposed bents will be pulled back from the edge of the stream bank at least
ten feet
• Bents from the existing structure will be cut at mud line
• Use Best Management Practices for Construction and Maintenance Activities
• This project area is located in an Environmentally Sensitive Area All special procedures
for clearing and grubbing, grading, and seeding and mulching will apply
• Avoid clearing and grubbing within 50 feet of the stream banks during the non-growing
season (as per USDA Soil Survey)
• If construction has not started before July 2007, an additional mussel survey will be
completed
• For the use of heavy equipment, utilize stone or timber work pads in work areas and access
roads
• No deck drains will be allowed to discharge into the stream
• Storm water runoff will not be channeled from the road directly into the stream The runoff
from the roadway should be allowed to continue to dissipate and sheet flow over the natural
vegetation before reaching the stream or directed into an approved sediment detention basin
• Due to the proximity of a federally protected species, all unstabilized areas of the project
located within a fifty foot riparian buffer area will be temporarily stabilized during active
grading utilizing erosion control blankets, fabric, plastic, or other material(s), approved by
the Roadside Environmental Unit, prior to any rain event, as directed by the Engineer on site
The temporary stabilization should be adequately anchored and utilized to prevent the loss of
sediment into the water course unless runoff from these areas can be diverted to an
adequately designed sediment basin or until the area is stabilized with vegetation
The Service is willing to reconsider its position once appropriate conservation measures are
incorporated into the project design If you have any questions regarding our response, please
contact Mr Gary Jordan at [phone] (Ext 32)
Sincerely,
Pete Benda' n
Ecological Services Supervisor
cc William Wescott, USACE, Washington, NC
Eric Alsmeyer, USACE, Raleigh, NC
Nicole Thomson, NCDWQ, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Raleigh, NC
John Sullivan, FHwA, Raleigh, NC