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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