HomeMy WebLinkAbout20191647 Ver 1_Harnett Bridge 62_USFWS Concurrence Request_20191204STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
December 3, 2019
Mr. Pete Benjamin
US Fish and Wildlife Service
PO Box 33726
Raleigh, NC 27636-3726
JAMEs H. TROGDON, III
SECRETARY
Subject: Section 7 Concurrence Request for the proposed Hurricane Florence scour
repair of Bridge No. 62 on US 401 over Neills Creek, Harnett County,
WBS Element No. 15406.1043110. NCDOT Division 6.
Dear Mr. Benjamin:
The NCDOT proposes to repair a scoured area, due to Hurricane Florence, around one of
the bent columns at Bridge No. 62 on US 401 over Neills Creek, Harnett County.
Approximately 100 square feet (0.002 acre) of riprap is proposed for the repair around
the bent column. As of October 10, 2018, the US Fish and Wildlife Service (USFWS)
lists three federally protected species for Harnett County. One additional species,
Atlantic pigtoe is proposed for Threatened status and may be listed by the end of 2019.
A field survey was conducted on November 27, 2019 for the Atlantic pigtoe by Anne
Burroughs of Dewberry (contracted by NCDOT Biosurveys Group) and Greg Price of
NCDOT Division 6. No mussel species of any kind were observed. It was determined
that no suitable habitat for Atlantic pigtoe was present in the proposed construction area.
The stream bottom substrate at the proposed construction area was primarily silt in slack
water, not suitable for Atlantic pigtoe or Cape Fear shiner. Habitat was also not present
for the remaining species listed for Harnett County.
A review of the NC Natural Heritage Program (NCNHP) records on December 3, 2019,
indicated one known occurrence of Cape Fear shiner (1986 recording) at Bridge No. 62
and one occurrence of Atlantic pigtoe (1990 recording) in the Cape Fear River,
approximately 1.8 river miles downstream of Bridge No. 62. Therefore, the Biological
Conclusion of May Affect — Not Likely to Adversely Affect should be valid for these two
species while a Biological Conclusion of No Effect was determined for the remaining
listed species. Table 1 summarizes these results.
Mailing Address: Telephone: (910) 364-0834 Location:
NC DEPARTMENT OF TRANSPORTATION Fax: (901) 486-1959 500 TRANSPORTATION DRIVE
DIVISION 6 ENVIRONMENTAL OFFICE Customer Service: 1-877-368-4968 FAYETTEVILLE, NC 28302
558 GILLESPIE STREET
FAYETTEVILLE, NC 28302 Website: www.ncdot.gov
Table 1. Federallprotected species for Harnett County
Common Name
Scientific Name
Federal
Habitat
Biological Conclusion
Status
Present
Cape Fear shiner
Notropis
E
No
MA-NLAA
mekistocholas
Red -cockaded
woodpecker
Picoides borealis
E
No
No Effect
ARS (Soon
Atlantic pigtoe
Fusconaia
to be
No
MA-NLAA
masoni
Threatened
Rough -leaved
Lysimachia
loosestrife
asperulaefolia
E
No
No Effect
E — Endangered; ARS — At Risk Species
MA-NLAA — May Affect -Not Likely to Adversely Affect
The USFWS has developed a programmatic biological opinion (PBO) in conjunction
with the Federal Highway Administration (FHWA), USACE, and NCDOT for the
northern long-eared bat (NLEB) in eastern North Carolina. The PBO covers the entire
NCDOT program in Divisions 1-8, including all NCDOT projects and activities. The
programmatic determination for NLEB for the NCDOT program is "May Affect -Likely
to Adversely Affect". The PBO provides incidental take coverage for NLEB and will
ensure compliance with Section 7 of the Endangered Species Act for five years for all
NCDOT projects with a federal nexus in Divisions 1-8, which includes Harnett County,
where Project 15406.1043110 is located. A review of the NCNHP records, updated April
2018, indicated no known occurrences of northern long-eared bat within 1.0 mile of the
study area.
NCDOT believes that the requirements of Section 7 (a) (2) of the Endangered Species
Act (ESA) have been satisfied and hereby request your concurrence. Thank you for your
assistance with this project. If you have any questions or need additional information,
please contact me at either (910) 364-0835 or gwLnce2(a)ncdot.gov.
Sincerel ,
Grego W. Price, PWS.
NCDOT Division 6 Environmental Officer
Cc: Gary Jordan, USFWS
Project 15406.1043110 File
N Harnett County Bridge No. 62
w E Hurricane Florence Scour Repair mmmmmmffzzzzzm
s 0 0.25 0.5
i Miles
1
Bridge No. 62 Scour Area Around Bridge Bent Column along Right Streambank Facing Downstream