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HomeMy WebLinkAbout20110296 Ver 1_Complete File_20060724r United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 June 19, 2006 Dennis Pipkm, PE North Carolina Department of Transportation Bridge Project Development Unit 1551 Mail Service Center Raleigh, North Carolina 27699-1551 Dear Mr. Pipkin: 2 ?[ROb. Lip D JUL 2 4 2006 WE'LANps ArJC STORMWATE BRMCH This letter is in response to your request for comments from the U.S. Fish and Wildlife Service (Service) on the potential environmental effects of the proposed replacement of Bridge No. 36 on SR 1003 over the Tar River, Franklin County, North Carolina (TIP No. B-4514). These comments provide information in accordance with provisions of the Fish and Wildlife Coordination Act (16 U.S.C. 661-667d) and section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). For bridge replacement projects, the Service recommends the following general conservation measures to avoid or minimize environmental impacts to fish and wildlife resources: 1. Wetland, forest and designated riparian buffer impacts should be avoided and minimized to the maximum extent practical; 2. If unavoidable wetland or stream impacts are proposed, a plan for compensatory mitigation to offset unavoidable impacts should be provided early in the planning process. Opportunities to protect mitigation areas in perpetuity via conservation easements, land trusts or by other means should be explored at the outset; 3. Off-site detours should be used rather than construction of temporary, on-site bridges. For projects requiring an on-site detour in wetlands or open water, such detours should be aligned along the side of the existing structure which has the least and/or least quality of fish and wildlife habitat. At the completion of construction, the detour area should be entirely removed and the impacted areas be planted with appropriate vegetation, including trees if necessary; 4. Wherever appropriate, construction in sensitive areas should occur outside fish spawning and migratory bird nesting seasons. In waterways that may serve as travel corridors for fish, in-water work should be avoided during moratorium periods associated with migration, spawning and sensitive pre-adult life stages. The general moratorium period for anadromous fish is February 15 - June 30; r 5. New bridges should be long enough to allow for sufficient wildlife passage along stream corridors; 6. Best Management Practices (BMP) for Construction and Maintenance Activities should be implemented; 7. Bridge designs should include provisions for roadbed and deck drainage to flow through a vegetated buffer prior to reaching the affected stream. This buffer should be large enough to alleviate any potential effects from run-off of storm water and pollutants; 8. The bridge designs should not-alter the natural stream and stream-bank morphology or impede fish passage. To the extent possible, piers and bents should be placed outside the bank-full width of the stream; and 9. Bridges and approaches should be designed to avoid any fill that will result in damming or constriction of the channel or flood plain. If spanning the flood plain is not feasible, culverts should be installed in the flood plain portion of the approach to restore some of the hydrological functions of the flood plain and reduce high velocities of flood waters within the affected area. Section 7(a)(2) of the Endangered Species Act requires that all federal action agencies (or their designated non-federal representatives), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed threatened or endangered species. A biological assessment/evaluation may be prepared to fulfill the section 7(a)(2) requirement and will expedite the consultation process. To assist you, a county-by-county list of federally protected species known to occur in North Carolina and information on their life histories and habitats can be found on our web page at http://nc-es.fws.gov/es/countyfr.html . Although the North Carolina Natural Heritage Program database does not indicate any known occurrences of listed species near the project vicinity, suitable habitat for the federally endangered dwarf wedgemussel (Alasmidonta heterodon) and/or Tar River spinymussel (Elliptio steinstansana) is likely present at or near the project site. Both species are known to occur in the upper Tar River watershed. If suitable habitat occurs within the project vicinity for any listed species, surveys should be conducted to determine presence or absence of the species. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a listed species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on listed species, then you are not required to contact our office for concurrence. We reserve the right to review any federal permits that may be required for this project, at the public notice stage. Therefore, it is important that resource agency coordination occur early in the planning process in order to resolve any conflicts that may arise and minimize delays in project implementation. In addition to the above guidance, we recommend that the environmental documentation for this project include the following in sufficient detail to facilitate a thorough review of the action: 1. A clearly defined and detailed purpose and need for the proposed project; 2. A description of the proposed action with an analysis of all alternatives being considered, including the "no action" alternative; 3. A description of the fish and wildlife resources, and their habitats, within the project impact area that may be directly or indirectly affected; 4. The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, or draining. Acres of wetland impact should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory (NWI). Wetland boundaries should be determined by using the 1987 Corps of Engineers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers; 5. The anticipated environmental impacts, both temporary and permanent, that would be likely to occur as a direct result of the proposed project. The assessment should also include the extent to which the proposed project would result in indirect and cumulative effects to natural resources; 6. Design features and construction techniques which would be employed to avoid or minimize impacts to fish and wildlife resources, both direct and indirect, and including fragmentation and direct loss of habitat; 7. If unavoidable wetland or stream impacts are proposed, project planning should include a compensatory mitigation plan for offsetting the unavoidable impacts. The Service appreciates the opportunity to comment on this project. Please continue to advise us during the progression of the planning process, including your official determination of the impacts of this project.. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520, ext. 32. Services Supervisor cc: Eric Alsmeyer, USACE, Raleigh, NC Chris Militscher, USEPA, Raleigh, NC John Sullivan, FHwA, Raleigh, NC Rob Ridings, NCDWQ, Raleigh, NC Travis Wilson, Creedmoor, NC