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HomeMy WebLinkAbout20191579 Ver 1_Edge 54 NMFS consultation_20191118UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES KRVICE Southeast Regional Office 26313th Avenue South St. Petersburg, Florida 33701-5505 http:11sera. n mts.naaa. gov 07/31/2019 Chad Coggins, Environmental Officer, Division 4 North Carolina Department of Transportation 509 Ward Boulevard, Wilson, North Carolina 27895 Dear Mr. Coggins: F/SER3 I :FI SERO-2019-00237 This letter responds to your request for consultation with us, the National Marine Fisheries Service (NMFS), pursuant to Section 7 of the Endangered Species Act (ESA) for the following action. SERO Number Project Type SERO-2019-00237 Bridge replacement Consultation History We received your letter requesting consultation on March 28, 2019. We requested additional information on May 31, 2019. We received a final response on June 5, 2019 and initiated consultation that day. The project has been assigned a tracking number in our new NMFS Environmental Consultation Organizer (ECO), SERO-2019-00237. Please refer to this number in any future inquiries regarding this project. Project Location Address Latitude/Longitude Water body Greenville, Edgecombe County, North Carolina 35.97297°N, 77.715412°W (North American Datum 1983) Tar River A k +� 'F'&FNT nF'}P Image of the project location and surrounding area (©2019 Google) Existing Site Conditions The project site is located on State Route 1243 Leggett Road over Tar River, in Greenville, Edgecombe County, North Carolina. The existing bridge, Number 54, was built in 1963 and is 220 feet (ft) long with 5 spans. There is existing riprap, utility poles, and earthen fill within the project area. The river is non -tidal, and benthic conditions are described as coarse sand and pebble. The project site is located in freshwater (above the saltwater wedge). Water depth in the project area ranges from 6 inches (in) to 4 ft deep. The project location is located in Atlantic sturgeon critical habitat Carolina Unit 2, Project Description The applicant proposes to replace the existing 5-span bridge with a new 3-span bridge; a 230-ft superstructure, with integral end bents on the banks of the Tar River, and 2 interior bents on two 4-11 drilled piers within open waters of the river. Each permanent interior bent (interior bent 1 and interior bent 2) is 12.56 square feet (ft). The integral end bents include a concrete collar constructed on top of 7 steel 12-ft by 53-ft H-piles at each end bent, giving a total of 14 permanently driven steel H-piles. Temporary work bridges will be required for construction of the interior bents and possibly for removal of the existing structure. An estimated 30-ft by 40-ft temporary work bridge is proposed on the west bank of the Tar River, and would include 2 temporary bents on 6-10 driven H-piles at each bent (1 temporary bent on the west bank, and 1 temporary bent in the open waters of the river). An estimated 30-ft by 80-ft temporary work bridge is proposed on the east bank of the Tar River, and would include 3 temporary bents on 6-10 driven H-piles at each bent (1 temporary bent on the east bank, and 2 temporary bents in the open waters of the river). It is estimated that 40 temporary driven steel 12-ft by 53-ft H-piles will be used, including 24 (range 18-30) temporary driven H-piles in the open water of the Tar River used for the 2 temporary 2 bridges. All bents and piles of the existing bridge and temporary work bridge will be removed, upon project completion. The clearance above normal water elevation is 15.9 ft. The portion of the new bridge structure over water at normal water elevation is 100 ft by 33 ft, with a total of 3300 ft'. Use of barges is not anticipated but may be necessary if the contractor determines they must be used. All piles will be installed by impact hammer. it is not anticipated pile cushions, as a noise abatement measure, will be used during the project. No explosives will used for demolition associated with this project. Normal operations of impact pile driving equipment includes the "ramp -up" method via impact hammer. it is anticipated that most of the construction and demolition will occur during daylight hours; however, some nighttime construction may be required. in -water work is anticipated to occur for 2-6 months, including 3 months of winter working conditions. Pile installation Pile type Number of Piles installation Confined Space or Method Open Water Steel H-piles (12 ft x 53 ft) 54 impact Hammer Open Water Steel (4 ft) 4 Drilled Open Water Construction Conditions The applicant has agreed that no in -water work will occur between August 1 and November 30 to prevent the disruption of Atlantic sturgeon spawning runs/migration activities. No equipment or construction materials of any type shall be allowed to be placed or fall into the river during this time period. During the August 1 through November 30 period, work may be done from or within cofferdams, socketed caissons, riprap pads, temporary bulkheads, or temporary work bridges, as long as these features were installed outside of the restricted season (i.e., installed between December 1 and July 31). The contractor will comply with North Carolina Department of Transportation's (NCDOT) Best Management Practices (BMPs) for Bridge Demolition and Removal. Additionally, NCDOT will follow all stream crossing guidelines for anadromous fish passage, as well as implement NCDOT Design Standards in Sensitive Watersheds. Debris will be disposed of in accordance with Section 802 of the 2012 Standard Specifications. Compliance includes: • Existing bridge piles in the navigation channel will be removed completely, unless not practicable, and piles located in seagrasses and wetland areas will be cut off at the mudline to minimize overall disturbance. • The use of turbidity curtains will be evaluated for areas with sufficient depth, but lower velocity. Turbidity will be monitored during in -water work to ensure compliance with state water quality standards. • Non -shattering methods will be implemented (no explosives) for bridge removal. No bridge deck or substructure components will be dropped in the water. • Loose debris and road surface materials will be removed prior to demolition to minimize the potential for turbidity and contaminant discharge. Effects Determination for Species the Action Agency or NMFS Believes May Be Affected in by the Proposed Action ESA Listing Action Agency NMFS Effect Species Status Effect Determination Determination _ Fish Atlantic sturgeon (Carolina DPS) E NLAA NLAA E = endangered; NLAA = may affect, not likely to adversely affect Carolina Unit 2 Tar -Pamlico Unit —r 77'3©') 39% Rocky Mount Millpond Dam r Rocky Mount Tarbox 77°W NORTH CAROLINA Roanoke Tar PamlicoLv armville• Greenville Washington 35°30'N Proiect site I Pw Neuse N New Bern M1,+C — 5 0 5 10 20 30 40 Kill --tern 35'N zo Miles 0 5 10 20 30 40 77° 3 0W Legend Critical Habitat Plymouth Map 2 +ivoa ' Pamlico �X!'1`k. Cj Gf? 35°N 77'LN 76`00 W NC GA t - — Area of Detail FLU, This map is provided for illustrative purposes only of Atlantic sturgeon critical habitat. For the precise legal definition of critical habitat, please refer to the narrative description. M The project is located in Atlantic sturgeon critical habitat Carolina Unit 2, Tar -Pamlico Unit (above Image, provided by Georgia Department of Transportation). The physical and biological features (PBFs) of the critical habitat are described in the table below. We believe the proposed action may affect the PBFs: hard substrate, unobstructed water of appropriate depth, and water quality. Since the project is located in freshwater, PBF 2 will not occur in the action area. Atlantic Sturgeon Critical Habitat PBFs and their Purpose/Function PBF Purpose/Function of PBF Hard Hard bottom substrate (e.g., Necessary for settlement of fertilized eggs, Substrate rock, cobble, gravel, refuge, growth, and development of early (PBF 1) limestone, boulder, etc.) in life stages low salinity waters (i.e., 0.0- 0.5 ppt range) Salinity Aquatic habitat with a gradual Necessary for juvenile foraging and Gradient and downstream salinity gradient physiological development Soft Substrate of 0.5 ppt up to as high as 30 (PBF 2) ppt and soft substrate (e.g., sand, mud) between the river mouth and spawning sites Unobstructed Water of appropriate depth Necessary to support: Water of and absent physical barriers • Unimpeded movement of adults to and Appropriate to passage (e.g., locks, dams, from spawning sites Depth thermal plumes, turbidity, . Seasonal and physiologically dependent (PBF 3) sound, reservoirs, gear, etc.) movement of juvenile Atlantic sturgeon between the river mouth and to appropriate salinity zones within the spawning sites river estuary • Staging, resting, or holding of subadults or spawning condition adults. Water depths in main river channels must also be deep enough (at least 1.2 m) to ensure continuous flow in the main channel at all times when any sturgeon life stage would be in the river Water Quality Water quality conditions, Necessary to support: (PBF 4) especially in the bottom meter . Spawning of the water column, with the • Annual and inter -annual adult, appropriate combination of subadult, larval, and juvenile survival temperature and oxygen • Larval, juvenile, and subadult growth, values development, and recruitment. Appropriate temperature and oxygen values will vary interdependently, and depending on salinity in a particular habitat. For example, 6.0 mg/L DO or greater likely supports juvenile rearing habitat, whereas DO less than 5.0 mg/L for longer than 30 days is less likely to support rearing when water temperature is greater than 25 'C. in temperatures greater than 26 °C, DO greater than 4.3 mg/L is needed to protect survival and growth. Temperatures of 13 to 26 °C likely support spawning habitat. Analysis of Potential Routes of Effects to Species Atlantic sturgeon may be physically injured if struck by construction equipment, vessels, or materials. This effect is discountable due to the ability of the species to move away from the project site if disturbed. Atlantic sturgeon are mobile and are able to avoid construction noise, moving equipment, and placement or removal of materials during construction. Use of turbidity curtains, construction activities, and related construction noise may prevent or deter Atlantic sturgeon from entering the project area. We believe the effects to these species from temporary exclusion from the project area due to construction activities, including related noise and presence of turbidity curtains, will be insignificant. The open water environment of the proposed 3-spanned bridge has numerous suitable alternative habitat sites in the area that these mobile species can use for foraging or refuge. Additionally, any exclusion effects will be temporary as only relatively small areas will be excluded at any point in time. In -water construction activities will result in temporary increases in turbidity that could affect water quality. However, we anticipate any effects on Atlantic sturgeon due to elevated turbidity will be insignificant, given the availability and abundance of habitat with naturally occurring water quality conditions (i.e., unaffected by construction activities) in the surrounding area, outside of the action area. Atlantic sturgeon could be affected by the placement of temporary in -water structures (e.g., temporary work bridges) in areas that may serve as foraging or refuge habitat. The temporary structure may cover substrates containing sturgeon prey species, such as benthic worms and insects, as well as crustaceans and mollusks. We believe the effect to Atlantic sturgeon from the placement of temporary in -water structures will be insignificant. Atlantic sturgeon are opportunistic feeders that forage over large areas and the area of temporary impact is relatively small (0.05 acres) compared to the surrounding area available. Further, once the temporary structure is removed, sturgeon can use the area for foraging and refuge again. Effects to Atlantic sturgeon as a result of noise created by the construction activities can physically injure animals in the affected areas or change animal behavior in the affected areas. Injurious effects can occur in 2 ways. First, immediate adverse effects can occur to listed species if a single noise event exceeds the threshold for direct physical injury. Second, effects can result from prolonged exposure to noise levels that exceed the daily cumulative exposure threshold for the animals, and these can constitute adverse effects if animals are exposed to the noise levels for sufficient periods. Behavioral effects can be adverse if such effects interfere with animals migrating, feeding, resting, or reproducing, for example. Our evaluation of effects to Atlantic sturgeon as a result of noise created by construction activities is based on the analysis prepared in 0 support of the Opinion for SAJ-82. 1 The noise analysis in this consultation evaluates effects to Atlantic sturgeon identified by NMFS as potentially affected in the table above. Based on our noise calculations, the installation of 27.5-in-wide steel sheet piles, in pairs, via impact hammer may cause peak -pressure injury to Atlantic sturgeon within 15 ft (4.6 m) of the pile driving. Additionally, the daily cumulative sound exposure level of multiple pile strikes over the course of a day may cause injury to Atlantic sturgeon at a radius of up to 1775 ft (541 m) away from the pile. The use of the ramp -up technique prior to full -force driving will be utilized to minimize the effects of in -water noise from pile installation. The use of the ramp -up technique prior to full -force driving will provide Atlantic sturgeon ample opportunity to leave the project area as noise levels increase and before the peak -pressure injury threshold is reached. Due to the mobility of sturgeon, and because the project occurs in open water, we expect them to move away from noise disturbances. Because we anticipate sturgeon will move away from the project area during the ramp -up period, we believe that an animal's suffering physical injury from peak -pressure noise exposure is extremely unlikely to occur. Thus, we believe the likelihood of any injurious effects occurring is discountable. An animal's movement away from the injurious impact zone is a behavioral response, with the same effects discussed below. Based on our noise calculations, the installation of 27.5-in-wide steel sheet piles, in pairs, via impact hammer could also result in behavioral effects at a radius of up to 8241 ft (2511 m) for Atlantic sturgeon. We believe behavioral effects will be insignificant. Due to the mobility of sturgeon, we expect them to move away from noise disturbances in this open -water environment. If an individual chooses to remain within the behavioral response zone, it could be exposed to behavioral noise impacts during pile installation. Additionally, in -water work will be prohibited from August 1 to November 30, when Atlantic sturgeon are at most risk of injury due to their spring and fall spawning runs that occur in the proposed action area. Therefore, we anticipate any behavioral effects will be insignificant. Analysis of Potential Routes of Effect to Critical Habitat Hard substrate (PBF 1) necessary for the settlement of fertilized eggs and refuge, growth, and development of early life stages may be affected by the installation of piles. The river contains pebble (gravel -size rock) that may serve as a critical function for egg, larvae, and adult sturgeon growth and spawning. However, we believe this effect to PBF 1 will be insignificant. The temporary work bridge piles and permanent new bridge piles will only affect small portions of the main channel. The new bridge will be of similar size and location as the existing bridge, and also have less bents therefore allowing for more available substrate. The available substrate surrounding the permanent and temporary work bridges will continue to support these early life stages, and once the temporary work bridges are removed, these areas of hard substrate will become accessible again. Unobstructed water of appropriate depth (PBF 3) that supports staging, resting, holding, or movement of various life stages of Atlantic sturgeon may be affected by the installation of piles and temporary work structures. We believe the obstructions created by the installation of piles will have an insignificant effect on PBF 3 because the temporary work bridges and permanent ' NMFS. Biological Opinion on Regional General Permit SAJ-82 (SAJ-2007-01590), Florida Keys, Monroe County, Florida. June 10, 2014. 7 bridge piles will only affect small portions of the main channel. The temporary work bridges will be removed at the end of the project's construction. While the placement of the work bridges will have a temporary effect on water depth (deeper upstream, shallower downstream), these effects will be localized, and will not affect the overall depth of the river in this area since sufficient passage will be maintained within a portion of the river at all times during construction. in addition, sedimentation effects are not anticipated to reach a level that would create a depth barrier, and the implementation of the construction moratorium will ensure there is no noise barrier to migrating individuals in the event they are present in the river. Water quality (PBF 4) supporting important life functions, such as growth and reproduction, of various life stages of Atlantic sturgeon may be affected by temporary and highly localized turbidity and associated effects on suitable water temperature and oxygen values caused during installation of piles and temporary work bridges. Turbidity curtains will be used to contain turbidity; therefore, we believe the effects to PBF 4 from any small amount of turbidity that may escape will be insignificant. We also expect construction -induced turbidity to be temporary and settle out within a period of time. Additionally, no in -water work will occur between August 1 and November 30 to prevent adult, larval, and small juvenile sturgeon from being exposed to elevated turbidity levels during times of the year when they might be present in the project area. Conclusion Because all potential project effects to listed species and critical habitat were found to be discountable, insignificant, or beneficial, we conclude that the proposed action is not likely to adversely affect listed species and critical habitat under NMFS's purview. This concludes your consultation responsibilities under the ESA for species under NMFS's purview. Consultation must be reinitiated if a take occurs or new information reveals effects of the action not previously considered, or if the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat in a manner or to an extent not previously considered, or if a new species is listed or critical habitat designated that may be affected by the identified action. NMFS's findings on the project's potential effects are based on the project description in this response. Any changes to the proposed action may negate the findings of this consultation and may require reinitiation of consultation with NMFS. We look forward to further cooperation with you on other projects to ensure the conservation of our threatened and endangered marine species and designated critical habitat. if you have any questions on this consultation please contact Francesca Innocenti, Consultation Biologist, at (727) 824-5336, or by email at Francesca.Innocenti@noaa.gov. Sincerely, HOFFMAN.ROBER oigaauy,igo dhy T.JOHN.119961171 HOFFMAN.ROBERr.JOHN.1199 fi11719 9 DatP. 2019.07.11 11 96 01 i14'00' for David Bernhart Assistant Regional Administrator for Protected Resources File: 1514- 22.L.1