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HomeMy WebLinkAbout20091220 Ver 1_Other Agency Comments_20080710 SENT OFT 1 United States Department of the Interior FISH AND WILDLIFE SERVICEA Asheville Field Office c ' M4RCH -~aAa - 160 Zillicoa Street Asheville, North Carolina 28801 p `s July 11, 2008 Dr. Gregory J. Thorpe, Manager Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: Subject: Endangered Species Concurrence, Proposed Replacement of Bridge No. 70 over the Cheoah River on SR 1134 in Graham County, North Carolina, Federal Project No. BRZ-1134(1), WBS Element No. 3298.1.2, T.I.P. No. B-3335 As requested by the North Carolina Department of Transportation (NCDOT), we have reviewed the mussel survey report for the federally endangered Appalachian elktoe (Alasmidonta raveneliana) with regard to the subject proposed bridge replacement. Information for this concurrence letter is based on a review of the survey results, alternatives analysis, and an on-site meeting held on May 8, 2008, with representatives from the NCDOT and our staff. The following comments are provided in accordance with the National Environmental Policy Act (42 U.S.C. 4332(2)(c)); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act); and the Migratory Bird Treaty Act (16 U.S.C. 703, et seq.) (MBTA). The NCDOT proposes to construct a spanning structure that will replace Bridge No. 70. The preferred alternative is Alternative 3--replacement of the bridge on a new alignment approximately 50 feet upstream of the existing bridge--and is being carried forward into the final design. Traffic will be maintained on the existing bridge during construction. Alternative 3 would result in the lowest cost and would require the fewest number of bents in the Cheoah River and the least amount of environmental impacts. Alcoa Power Generating Inc. installed a staff gage on Bridge No. 70 for the U.S. Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, and the North Carolina Division of Water Resources (among others) to measure stream flow. Prior to demolition, the NCDOT should make provisions for the reinstallation and calibration of the gage on the new structure. Federally Listed Species - The listed species concurrence request we received was for the NCDOT's determination that the subject project is not likely to adversely affect the Appalachian elktoe. It was determined that the project would have no effect on the Carolina northern flying squirrel (Glaucomys sabrinus coloratus), Indiana bat (Myotis sodalis), rock gnome lichen (Gymnoderma lineare), or Virginia spiraea (Spiraea virginiana), all of which occur in Graham County. The most recent survey for the Appalachian elktoe was conducted on May 7, 2008, during which a known location 0.5 mile downstream of the project area was verified as still occupied by the Appalachian elktoe. No mussels of any kind were observed in the stretch of the river 400 meters downstream and 100 meters upstream of the project area. To minimize potential impacts to the Appalachian elktoe and its designated critical habitat, the NCDOT will accomplish the following: 1. Design standards for sensitive watersheds will be used. 2. Provisions will be made in the new bridge design for roadbed and deck drainage to flow through a vegetated buffer prior to reaching the river. This buffer should be large enough to alleviate any potential effects from the runoff of storm water and pollutants. 3. Best management practices for environmentally sensitive areas will be implemented to minimize and control sedimentation and erosion prior to any ground-disturbing activities. All erosion-control measures will be reviewed daily to ensure that sedimentation and erosion are being effectively controlled. If the planned devices are not functioning as intended, they will be replaced immediately with better devices. Temporary or permanent herbaceous vegetation will be planted on all bare soil within 15-days of ground-disturbing activities to provide long-term erosion control. 4. Sandbag cofferdams will be installed so that excavation and work areas will be isolated from the Cheoah River. Any seepage that inadvertently contacts live concrete will be pumped into cofferdams in an upland area in order to prevent water with high levels of pH from moving into surface waters. 5. Bridge materials will not be allowed to fall into the Cheoah River. Any materials that inadvertently fall into the creek will be immediately removed. 6. The project will be sequenced so that temporary cofferdams are only in place the minimal time needed, and only one cofferdam will be in place at a time. 2 s 7. All mechanized equipment operated near surface waters will be inspected and maintained regularly in order to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 8. No toxic materials, equipment, or construction debris/material will be stored, stockpiled, or otherwise left in the 100-year floodplain or other areas where in-stream contamination could occur due to flooding, runoff; or leaching. 9. Vegetation will be maintained wherever possible. The removal of vegetation should be minimized to the maximum extent possible. 10. All invasive legumes will be removed from the erosion-control plan. Specifically, crown vetch and Korean and Sericea lespedeza will not be used for erosion control. These nonnative lespedezas and crown vetch are aggressive invasive species that could choke out native vegetation. Furthermore, in general, when revegetating disturbed areas, we strongly recommend that only native plant species be used or, if an adequate seed source cannot be found, that noninvasive species (such as annual rye) be used until native plants can reestablish themselves. If kudzu is encountered during construction, it should be removed annually. The U.S. Forest Service (USFS) has expressed interest in the NCDOT creating a parking area on the eastern approach to the existing bridge as a part of this project. We contacted Ms. Karen Compton of the USFS to obtain information about how the parking lot will be constructed and maintained and how impacts to federally listed species will be avoided. Ms. Compton indicated that she will work on making this information available. However, because this information is not yet available, additional consultation will be required for this portion of the project. We are available to attend a preconstruction meeting to review and explain these conditions. If the above measures are implemented, we concur with the NCDOT's determination that the bridge construction and demolition may affect, but is not likely to adversely affect, the Appalachian elktoe. Therefore, we believe the requirements under section 7(c) of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Invasive Species - We are also concerned with the introduction and spread of invasive exotic species in association with the proposed project. Without active management, including the revegetation of disturbed areas with native species, project corridors will likely only be sources of (and corridors for) the movement of invasive exotic plant species. Exotic species are a major contributor to species depletion and extinction, second only to habitat loss. Exotics are a factor contributing to the endangered or threatened status of more than 40 percent of the animals and 3 Y plants on the Federal List of Endangered and Threatened Wildlife and Plants.' It is estimated that at least 4,000 exotic plant species and 2,300 exotic animal species are now established in the United States, costing more than $130 billion a year to control.Z Additionally, the U.S. Government has many programs and laws in place to combat invasive species (see www.invasivespecies.gov) and thus cannot spend money to counter these efforts. Specifically, Section 2(a)(3) of Executive Order 13112 - Invasive Species (February 3, 1999) directs federal agencies to "not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere." Despite their short-term erosion-control benefits, many exotic species used in soil stabilization seed mixes are persistent once they are established, thereby preventing the reestablishment of native vegetation. Many of these exotics plants3 are also aggressive invaders of nearby natural areas, where they are capable of displacing already established native species. Therefore, we strongly recommend that only native plant species be used in association with all aspects of this project. Additionally, because this site is within the Nantahala National Forest, avoiding invasive exotic species is particularly important. Tall fescue (including Kentucky 31 fescue) and Sericea lespedeza are listed as a category 1 exotic invasive plant species on the Regional Forester's List and Ranking Structure-Invasive Exotic Plant Species of Management Concern for the U.S. Forest Service's Southern Region. Category 1 exotic plant species are known to be invasive and persistent throughout all or most of their range within the Southern Region. They can spread into, and persist in, native plant communities and displace native plant species. Therefore, they pose a demonstrable threat to the integrity of the natural plant communities in the Southern Region. The use of category 1 species is prohibited on national forest land. Migratory Birds - The MBTA (16 U.S.C. 703-712) prohibits the taking, killing, possession, transportation, and importation of migratory birds (including the bald eagle), their eggs, parts, and nests, except when specifically authorized by the Department of the Interior. To avoid impacts to migratory birds, we recommend conducting a visual inspection of the bridge and any other migratory bird nesting habitat within the project area during the migratory bird nesting season from March through September. If migratory birds are discovered nesting in the project impact area, including on the existing bridge, the NCDOT should avoid impacting the nests during the migratory bird nesting season (March through September). If birds are discovered nesting on the bridge during years prior to the proposed construction date, the NCDOT, in consultation with us, should develop measures to discourage birds from establishing nests on the bridge by means that will not result in the take of the birds or eggs, or the NCDOT should avoid construction and demolition activities during the nesting period. 'Wilcove, D. S., D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to imperiled species in the United States. BioScience 48:607-615. zpimentel, D., L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous species in the United States. BioScience 50:53-65. 3Lists of invasive exotic plants can be found at http: //www. tneppc. org/ and http: //www. invasive. org/eastern/srs/ on the Internet. 4 ~i If you have questions about these comments, please contact Mr. Troy Wilson of our staff at 828/258-3939, Ext. 226. In any future correspondence concerning this project, please reference our Log Number 4-2-05-226. Sincerely, V Brian P. Cole Field Supervisor cc: Mr. Dave Baker, Asheville Regulatory Field Office, U.S. Army Corps of Engineers, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006 Ms. Marla J. Chambers, Western NCDOT Permit Coordinator, North Carolina Wildlife Resources Commission, 12275 Swift Road, Oakboro, NC 28129 Ms. Karen M. Lynch, Project Development and Environmental Analysis Branch, North Carolina Department of Transportation, 1598 Mail Service Center, Raleigh, NC 27699-1598 Mr. Brian Wrenn, North Carolina Division of Water Quality, Central Office, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 Ms. Christy Wright, North Carolina Division of Water Quality, Central Office, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 5