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HomeMy WebLinkAbout20200520 Ver 1_USACE Permit_20200803U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00361 County: Rockingham U.S.G.S. Quad: NC-Mayodan GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Kris Bass Engineering Attn: Kris Bass Address: 7334 Chapel Hill Road Raleigh, NC 27607 Size (acres) ~6.6 Nearest Town Madison Nearest Waterway Dan River River Basin Roanoke USGS HUC 03010103 Coordinates 36.375137, -79.993636 Location description: The project area occurs within and along the Dan River in three areas generally east of the eastern terminus of Teague Road and at a fourth area within and along an approximately 1000 foot reach of the Dan River centered at the Lindsey Bridge Road crossing, in Madison, Rockingham County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into a total of 221 linear feet (0.76 acre) of streams, 0.36 acre of open waters (impoundment of streams), and 0.06 acre of riparian non-riverine wetlands, as well as the temporary discharge of fill material into a total of 0.04 acre of riparian non-riverine wetlands, necessary to provide passage for an the Roanoke logperch and improve aquatic habitat along a section of Dan River, including construction access activities, associated with phases 1 and 2 of the Madison Fish Habitat Restoration Project. Applicable Law(s): ܈Section 404 (Clean Water Act, 33 USC 1344) ܆Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 27. Aquatic Habitat Restoration, Establishment and Enhancement Activities SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 4/16/2020, and additional information provided via email on 5/8/2020, and the enclosed plans “Madison Fish Habitat Restoration Project Phase 1” Sheets C1, E1, S1-S5, X1, and D1, and “Madison Fish Habitat Restoration Project Phase 2” Sheets C1, E1, E3, E4, P1-P5, S1, and D1-D3. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit’s expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David E. Bailey at (919) 554-4884 X 30or David.E.Bailey2@usace.army.mil. Corps Regulatory Official: _____________________________________________________Date: 08/03/2020 Expiration Date of Verification: 03/18/2022 Date: 2020.08.03 13:12:54 -04'00' SAW-2019-00361 SPECIAL CONDITIONS 1. This Department of the Army permit does not authorize you to take an endangered species, in particular the Roanoke logperch (Percina rex). In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a BO under ESA Section 7, with “incidental take” provisions with which you must comply). The enclosed U.S. Fish and Wildlife Service Biological Opinion (BO) contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with “incidental take” that is also specified in the BO. Your authorization under this permit is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental take of the attached BO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute non-compliance with your permit. The U.S. Fish and Wildlife Service is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA. Corps Regulatory Official: ______________ ______ ______ Date: 08/03/2020 Expiration Date of Verification: 03/18/2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105 Kevin Baughn, Town of Madison, 120 North Market Street, Madison, NC 27025 Date: 2020.08.03 13:11:43 -04'00' SAW-2019-00361 Action ID Number: SAW-2019-00361 County: Rockingham Permittee: Kris Bass Engineering (Attn: Kris Bass) Project Name: Madison Fish Habitat Restoration Project / Lindsey Bridge Dam / Town of Madison Date Verification Issued: 08/03/2020 Project Manager: David E. Bailey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 or David.E.Bailey2@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. _______________________________________ ______________________ Signature of Permittee Date July 21, 2020 Mr. David Bailey US Army Corps of Engineers Raleigh Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Dear Mr. Bailey, This document transmits the U.S. Fish and Wildlife Service's (Service) Biological Opinion based on our review of the proposed Lindsey Bridge Dam Lowering and Fish Passage Project (FWS# 04EN2000-2020-F-1226) located on the Dan River in Rockingham County, North Carolina and its effects on Roanoke Logperch (Percina rex) in accordance with Section 7 of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This Biological Opinion is based on information provided in the May 12, 2020 jointly developed biological evaluation/assessment and supplemental information in the May 12, 2020 Complete Nationwide Permit #27 application (SAW-2019-00361) provided by the U.S. Army Corps of Engineers (Corps) with a request for formal consultation. The consultation covers the project components that would follow from the Corps’ permit authorization of partial dam lowering and instream restoration and fish passage work, immediately surrounding, and downstream of Lindsey Bridge Dam in the Dan River. The Corps determined that the Action is likely to adversely affect the Roanoke Logperch. This Biological Opinion was completed pursuant to our November 26, 2016 Streamlined Consultation Guidance for Restoration / Recovery Projects. Additionally, the Corps determined that the action may affect, but is not likely to adversely affect the James Spinymussel (Parvaspina collina) and Smooth coneflower (Echinacea laevigata). We concur with your determination for those species and will not discuss them further in the Biological Opinion. You have also determined that this project does not include prohibited intentional take of the Northern Long-eared Bat (Myotis septentrionalis) and meets the criteria for the 4(d) rule. Therefore any associated take is exempt and consultation requirements are satisfied through “Situation 2” of the Standard Local Operating Procedures (SLOPES) agreement between the Service and Corps, and that will not be discussed further in this Biological Opinion. 2 BIOLOGICAL OPINION I. Description of the Proposed Restoration/Recovery Action A. Description of the Restoration/Recovery Objectives The Lindsey Bridge Dam is a low-head structure on the Dan River located approximately 3½ miles upstream of its confluence with the Mayo River in Rockingham County, North Carolina. The dam was constructed in 1972 of metal sheet pilings and currently is in disrepair and at risk of failure according to dive surveys completed in late 2017. The 11-ft tall dam is a barrier to fish passage as well as a safety hazard to users of the Dan River according to the Corps permit application. The water intake for the Town of Madison is located directly upstream of the dam, in the impounded reach, prohibiting complete removal of Lindsey Bridge Dam. Instead, a series of weir passages downstream, and additional instream habitat use facilitation features upstream of the dam, in addition to lowering and partial removal of the dam, have been proposed to enable the movement of fish (including the Roanoke Logperch) and to improve the safety of the area. The two phase project has been a multiple year working relationship, resulting in funding and assistance from multiple agencies. This includes grants from the North Carolina Division of Water Resources and the Clean Water Management Trust Fund, and assistance from the Town of Madison, the Service, the North Carolina Wildlife Resources Commission (NCWRC), as well as other partners. Figure 1. Lindsey Bridge Dam on the Dan River. Photo Kris Bass Engineering 3 The Roanoke Logperch is a federally endangered fish found only in the Roanoke, Chowan and Dan River watersheds in Virginia and North Carolina (T.W. Russ, NCWRC, pers. comm. 2020). In-stream barriers to flow, including the Lindsey Bridge Dam, are a significant blockage to aquatic species migration and have contributed to the fragmentation of logperch populations. The creation of a fish passage over, and upstream, of the dam would re-connect over 48 river miles allowing fish species, including the Roanoke Logperch, access to additional habitat and improved connectivity to potential fragmented populations. The recovery goals for the Roanoke Logperch, listed in the Service’s (1992) recovery plan, are as follows: 1. Preserve present populations and presently used habitats. 2. Search for additional populations and/or habitat suitable for enhancement or reintroduction efforts. 3. Determine the feasibility of reestablishing the logperch in historical habitat and reintroduce where feasible. 4. Conduct studies necessary for the species’ management and recovery. 5. Implement management where needed through habitat improvement programs. 6. Monitor population levels and habitat conditions. 7. Periodically assess the overall success of the recovery program and recommend actions. In addition to these goals, the NCWRC and the Service drafted a Cooperative Restoration Plan (Plan) in 2014 to address the restoration needs of the Roanoke Logperch (NCWRC and USFWS DRAFT 2014). These goals include: 1. Expansion to high quality habitats presently unoccupied (or occupied at levels sufficiently low to preclude detection) within the historic range of the species. 2. Augmentation in drainages where existing numbers of Roanoke Logperch are insufficient to assure continued viability of the population. The Plan also addresses the benefit of removing barriers that impede logperch movement. The Upper Dan River, above Lindsey Bridge Dam, is specifically noted as a candidate site for species expansion. The Lindsey Bridge Dam Lowering and Fish Passage Project addresses the recovery goals listed above. Barriers to fish passage like the Lindsey Bridge Dam are a major contributor to the decline of the Roanoke Logperch (USFWS 1992). The proposed passage will remove a significant barrier, improve habitat conditions, and restore access to an additional 48 miles of stream habitat upstream of the dam. This will potentially allow the Roanoke Logperch to find suitable habitat upstream. Additionally, bank stabilization measures within the project area will help reduce incoming sediment, lowering the risk of siltation in logperch habitat downstream of the dam. 4 Genetic sampling has determined that the Roanoke Logperch is a highly mobile species and that the species has only recently been segmented by the construction of barriers in the last century. The results suggested that the recovery of the species may require genetic or demographic reconnection of currently isolated populations (Roberts et al. 2013). Restoring connectivity between future and existing logperch populations will improve genetic diversity and potentially expand the range of the fish, increasing the odds of species survivorship in the event of a stochastic event. In-stream rock structures are commonly used to allow anadromous fish species to bypass dams or other in-stream barriers to flow. Less data exists on the ability of smaller, non-jumping fish such as logperch to pass these structures. However, a rock ramp structure in Australia was very successful in allowing the passage of small fish along the Bremer River. A five-day monitoring study following construction captured over 3,500 fish passing upstream of the structure, with a median size of just over one inch (Catchment Solutions 2017). Another project on the Gunnison River in Colorado involved a boat and fish passage with multiple channels. The design combined a confined boulder fishway, a boat passage, and a multi-slot baffled fishway for smaller fish while preserving an upstream irrigation canal diversion (McLaughlin Whitewater 2017). Aspects such as boulder configuration and slope from these successful projects were used to help determine the ideal design to allow smaller fish to pass upstream of Lindsey Bridge Dam. To ensure that the designed fish structures are suited to the swimming capabilities of the Roanoke Logperch, field data was collected to determine suitable drops in elevation that would allow logperch to successfully travel through the fish passage. Previous surveys by NCWRC and the Service determined that logperch are present upstream and downstream of a nearby rock outcropping on the Mayo River (see image below), indicating that they are able to successfully swim upstream of these obstacles. The fish passages designed for the Lindsey Bridge project are to replicate the elevation drops and widths of these natural Mayo River outcrops to allow successful upstream passage of the Roanoke Logperch. Natural rock outcropping in Mayo River with Roanoke Logperch upstream and downstream. Photo credit: Kris Bass Engineering 5 One of the most important predictors of fish passage success is water velocity. As such, extensive hydrologic modeling was incorporated into the design process to determine the ideal boulder configuration to create velocities within the Roanoke Logperch’s burst swimming speed of 3-5 ft/second. Each design iteration was modelled using the Corps’ HEC-RAS two dimensional river modelling program and assessed for water depth and maximum velocity. The proposed Lindsey Bridge Dam fishway includes three separate passages: two rock structures designed for fish and an open area intended for boats. The two fish structures each incorporate a different design to maximize fish passage during a variety of flow rates and conditions as well as to allow a range of fish species and ages to pass. The Service and NCWRC biologists support this design and have confidence in the Service’s Southeast Aquatic Habitat Restoration Team’s abilities to implement the design. The Aquatic Passage Team has completed numerous complex stream restoration projects involving sensitive aquatic species. Following partial dam removal and habitat restoration activities, the rock weir structures will be immediately accessible to the Roanoke Logperch and other fish species in the Dan River to use and access upstream reaches of the river. Upstream migration is expected to take place gradually in the years following construction, and it will be assisted by the instream habitat improvements upstream of the dam. Logperch will be able to travel through the weirs at baseflow conditions throughout the year and have access into the newly lowered water levels and improved habitat in the upstream portion of the Dan River. The exact timeframe it may take to reestablish the Roanoke Logperch population throughout the upstream reach is unknown; however, there are no projected impacts to the river that would prevent this. Potential risk factors for the project, such as temporary sedimentation and existing habitat alteration, are accounted for in conservation management measures discussed in Section 1D, below. B. Define the Action Area For purposes of consultation under §7 of the Act, the action area is defined as “all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action” (50 CFR §402.02). The “Action Area” for this consultation includes the footprint of the existing Lindsey Bridge Dam and abutting instream work areas, the riverbanks adjacent to the dam that will be used for construction access and final restoration activities, and portions of the Dan River, both upstream and downstream of the dam (see final construction plans). Restoration and in water work will occur in two phases. One phase will be upstream of the dam and will involve up to three constructed rock habitat areas in the Dan River that do not currently have Roanoke Logperch or their habitat present. The second phase (which is the focus of this consultation) will occur around the Lindsey Bridge Dam itself and approximately 900 linear feet downstream of the dam; including, the partial removal of the dam, downstream habitat restoration work, and the associated riverbank stabilization. 6 There are uncertainties with timing due to the global pandemic caused by COVID-19. The applicant will remain in contact with the Corps representative as the timeline becomes more firm given the backlog of work contractors and partners of this project are currently facing. An approximate project timeline is as follows: Staging of equipment and materials – Remainder of 2020 into Spring/Summer 2021 Restoration/in water work – Summer/Fall 2020 into 2021 as weather and construction/restoration team availability allows Restoration activities include assembly of rock weir structures upstream and downstream of Lindsey Bridge Dam, lowering and partial removal of Lindsey Bridge Dam, and final instream restoration components and stabilization of adjacent streambanks. Restoration and in water work will occur outside of the logperch’s sensitive spawning period from March to June to reduce the risk of direct impact and disturbance. Ideally, a mid- to late- summer timeframe will allow construction equipment to access the entire width of the river channel, as well as reduce the downstream extent of any increase in turbidity due to low summer flows. Availability of the construction/restoration team may require a slight deviation from the proposed working conditions. C. Description of How the Project Will Be Implemented Table 1 lists the federal agencies involved in permitting and approving the Lindsey Bridge Dam Lowering and Fish Passage Project. Communication and correspondence with all of these agencies is ongoing, in addition to applicable state and local agency permitting coordination. Table 1: Federal Agency Involvement. Federal Agency Associated Permits/ submittals Required Action Status US Army Corps of Engineers Nationwide 27 (aquatic habitat and stream restoration activities) Coordination and receipt of appropriate permits prior to dam lowering and restoration activities Final Permit application deemed complete by Corps May 12, 2020 and formal consultation initiated with the Service. US Fish and Wildlife Service Continual technical assistance for the project and coordination of Biological Assessment for the Roanoke Logperch. Consultation on Lindsey Bridge Dam partial removal and associated restoration of Dan River Submit Biological Opinion to Corps Final BA submitted to the Service May 12, 2020 by Applicant. Adopted by Corps May 12, 2020. Final BO issued July 2020. 7 Table 2 lists the activities associated with the project that are likely to have a temporary or long term, beneficial or adverse impact to the Roanoke Logperch. Table 2: Project Implementation Summary Project Activity Activity Description Description of Potential Impact to Species Description of Potential Impact to Habitat Potential Effect on Roanoke Logperch Erosion and Sediment Control/Equipment Staging Staging of equipment and material near the dam, and installation of erosion and sediment control measures prior to start of restoration activities and maintaining them during project implementation Erosion control devices will be installed prior to restoration activities to reduce the sedimentation entering the river. Equipment and materials will be placed near the construction site. All erosion control measures and staging areas are located in upland areas. It is likely that turbidity will increase during project implementation even with the presence of erosion and sediment control devices. Erosion and Sediment Control measures will benefit the downstream Roanoke Logperch habitat. May Affect not likely to Adversely Affect Instream Habitat Structure Restoration Installation of instream rock weirs as designed in submitted plans for the purpose of providing habitat niches and fish passage within the Dan River. These rocks weirs will also be suitable for boat passage of the lowered dam. Boulders and rock will be placed in the river channel to raise the water elevation in steps. Seven structures are proposed downstream of the dam to allow the logperch passage over the dam and restore access to nearly 48 miles of river. Project implementation activities may cause a temporary increase in turbidity and may cause Roanoke Logperch to relocate downstream. Any existing logperch habitat in the 900 ft downstream of the dam may be temporarily or permanently affected through alteration by the installation of the rock structures. Temporary siltation of downstream logperch habitat is possible during project implementation, but it is likely that any accumulated sediment will be cleared following the next rainfall. Any existing logperch habitat in the 900 ft downstream of the dam may be temporarily or permanently affected by the installation of the rock structures, but the project will provide additional beneficial habitat once completed. Engineering studies have indicated that there is not a large accumulation of sediment behind the Lindsey Bridge Dam, and while temporary sedimentation of downstream logperch habitat is possible, it is likely that any May Affect likely to Adversely Affect (Long term Beneficial Action) 8 Project Activity Activity Description Description of Potential Impact to Species Description of Potential Impact to Habitat Potential Effect on Roanoke Logperch accumulated sediment will be cleared following the next rainfall. Additionally, the dam is not being completely removed, which will assist in storing a partial sediment load. The amount and duration of additional suspended sediments and turbidity are not expected to exceed those caused by frequent natural events the species is commonly exposed to during storm flows. Lowering and Partial Removal of Lindsey Bridge Dam A 60-foot section in the center of the dam will be lowered by approximately two feet as the metal sheet pilings are cut and removed. Boulders will be cemented in the lowered area to create a weir passage structure at the dam’s base. Removing a section of the dam will improve the hydrologic regime within the previously impounded reach and downstream reach of the Dan River. The boulders abutting the lowered dam, combined with the downstream weir structures, will allow logperch to access additional habitat upstream of Lindsey Bridge Dam. The initial act of partial dam removal and boulder placement could have a temporary impact in the form of turbidity increase due to in water construction activities Partial dam removal will provide access for up to 48 miles of potential habitat for the Roanoke Logperch. Increased temporary turbidity as a result of the Action is not expected to be greater than large and flashy storm events that the Dan River currently experiences naturally, or the frequent pulses experienced from inhabited downstream waters from hydropower operations. NCWRC biologists have observed Roanoke Logperch in these habitats where multiple storm events increased turbidity, and they noted the species May Affect not likely to Adversely Affect (overall Beneficial Action) 9 Project Activity Activity Description Description of Potential Impact to Species Description of Potential Impact to Habitat Potential Effect on Roanoke Logperch appears to be somewhat tolerant of these relatively frequent events. Bank Stabilization and Re-vegetation Banks will be graded on both sides of the river to an appropriate slope to reduce erosion, and will be stabilized with native vegetation Currently eroding streambanks adjacent to the rock structures will be regraded and planted with native species to reduce the risk of erosion and siltation, which will provide a more stable vegetated bank for a variety of species Bank stabilization and re-vegetation will not negatively impact any existing Roanoke Logperch habitat, but it may reduce current sedimentation and siltation issues associated with the failing banks May Affect not likely to Adversely Affect (Beneficial Action) D. Conservation Measures Lindsey Bridge Dam partial removal and the restoration of the Dan River will adhere to a permitted erosion and sediment control plan through the NCDEQ Division of Energy, Mineral, and Land Resources. The project will be completed to limit impact and contact of equipment, sediment, and materials with the river bed and water column to minimize any temporary adverse effects to the Roanoke Logperch or logperch habitat. Silt fences will be installed along staging and stockpile areas to avoid excess siltation. A construction entrance will be used by all machinery. All erosion control measures will be inspected regularly to ensure effectiveness. During construction, temporary coffer dams and pumps will be utilized whenever possible to route water around the current work area and minimize increases in turbidity. Additionally, the in water work timeline has been designed to minimize adverse effects to the Roanoke Logperch. Ideally, project implementation is expected to begin in late-summer, following the logperch’s spawning season from March to June. The summer timeframe is after the window of spring reproductive activity when sensitive life stages associated with spawning and larval development of Roanoke Logperch occur. In-stream activities will mostly occur during low summer flows of 200-300 cfs to reduce the downstream effects of increases in turbidity caused by construction equipment in the channel. E. Monitoring and Reporting Plan Fish and mussel populations will be monitored pre and post restoration by NCWRC. Monitoring will include relative abundance of all fish species and mussel abundance, including rare aquatic 10 species, for a minimum of three years post construction to document project success. NCWRC will also lead in-stream surveys for rare aquatics prior to and following implementation of the project. Monitoring will be conducted via electrofishing and subsequent downstream seine collection within suitable habitat. To maintain consistency, there will be 10 seine hauls in each of the three habitat types: riffle, run and pools. All monitoring will be performed by a qualified and permitted crew once a year for a minimum of three years, in addition to future status surveys conducted by NCWRC and/or the Service. II. Status of the Species and Critical Habitat A(1): Status of the Species This section summarizes best available data about the biology and current condition of Roanoke Logperch throughout its range that are relevant to formulating an opinion about the Action. The Service published its decision to list Roanoke Logperch as an endangered species on August 18, 1989 (54 FR 34468-34472). Roanoke Logperch. Photo credit: Fritz Rohde The Roanoke Logperch is a larger darter (up to 5.5 inches in total length), and is characterized by an elongate, cylindrical to slab-sided body, a conical snout, and complete lateral line. The back is dark green, sides are greenish to yellowish, and belly is white to yellowish. The upper sides and back have dark scrawlings and numerous small saddles. Bar markings on the side are prominent, usually separated from the dorsal markings, and typically ovoid in shape. The sub-ocular bar and caudal spot are also well developed. The first dorsal fin has a narrow black margin, a broad yellowish to red-orange band, and a broad black base. Second dorsal, caudal, and pectoral fins have black spots with a yellowish wash. Pelvic and anal fins are typically pale (USFWS 1992). The species commonly lives 5-6 years with a maximum known age of about 6.5 years (Burkhead and Jenkins 1991) and generally exists in low-density populations. Males mature in two years; most females mature in three years (Burkehead and Jenkins 1991) with spawning occurring in 11 April or May with eggs buried among gravel and small cobble and no subsequent parental care. Larval drift is likely an important dispersal and recolonization mechanism (USFWS 2020). The Roanoke Logperch is generally associated with medium to large, warm-water streams and rivers of moderate gradient and relatively un-silted substrates (except during winter). Various riverine habitats are utilized by the species depending on their age class, spawning condition, and seasonal temperature (Burkhead 1983). Males are associated with shallow riffles during reproductive period, whereas females are common in deep runs over gravel and small cobble, which are the observed spawning areas. Young of year and juveniles usually occupy mixed- species schools in shallow habitat underlain by sand and gravel along stream margins (USFWS 2020). At the time of listing, the Roanoke Logperch was thought to be endemic to the state of Virginia, where it occurred in the Roanoke and Chowan river systems. Today, seven genetically distinct populations are known to survive in Virginia and North Carolina, including discovery of a population in 2008 in the Dan, Smith and Mayo Rivers in Rockingham County, North Carolina. In North Carolina the approximate range of the Roanoke Logperch extends from the Lindsey Bridge Dam downstream in the Dan River to near the Virginia state line. It also includes the lower reaches of the Mayo and Smith Rivers, and Big Beaver Island, Cascade and Wolf Island Creeks. The overall range (including tributary creeks) includes approximately 82 river miles and in North Carolina currently only occurs in Rockingham County. The total number of Roanoke Logperch throughout this range is unknown. In 2018, the Roanoke Logperch’s population size in the Dan River meta-population was estimated through previous data collection and modeling to be approximately 11,685 individuals (Roberts 2018). The NCWRC and permittees have observed and/or captured 106 Roanoke Logperch in North Carolina. There have been recent capture records during electrofishing and snorkeling in all locations except in Cascade and Wolf Island Creeks. The species is common in the lower Mayo and Smith rivers downstream of Washington Dam in Mayodan and downstream of Spray Cotton Dam in Eden. Roanoke Logperch upstream migration is halted by the Lindsey Bridge Dam on the Dan River and the Washington and Avalon Dams on the Mayo River. Upstream of these dams approximately 60 river miles exist of optimal Roanoke Logperch habitat (T.W Russ, NCWRC, 2020, pers. comm.). 12 Map created by NCWRC 2020 Over the last century, its habitat has been fragmented by the construction of several dams within these watersheds (Roberts et al. 2013). Barriers to free flow (such as dams) diminish or prohibit the exchange of genetic material between populations and can be detrimental to the survival of a population in the case of a bottleneck or stochastic event. The proposed dam lowering and fish passage will allow logperch to access documented suitable habitat upstream of the dam and impoundment, and potentially connect populations. One of the main threats to the Roanoke Logperch is streambed sedimentation (USFWS 1992). Logperch feed by flipping gravel or other small substrate with their snouts and consuming the insects found underneath. Excessive sediment in a stream bed will bury the logperch’s food source in addition to endangering eggs and larvae. While there is currently some sediment trapped behind Lindsey Bridge Dam and within its impoundment, it is not expected to be fully released into downstream habitat as the dam will be lowered and not removed. It is expected that the majority of this sediment will remain in place and will not affect any existing logperch habitat downstream of the dam, or will gradually disperse downstream during storm events. Currently eroding streambanks downstream of Lindsey Bridge Dam are actively contributing sediment to the river and may be affecting existing logperch habitat. These areas will be NCWRC 2020 Roanoke Logperch Distribution Data in Dan River 13 stabilized with erosion control matting and replanted with native species as part of this project. These measures may provide long-term benefits to the logperch by removing a source of sedimentation. A (2). Critical Habitat There is no federally designated critical habitat for the Roanoke Logperch; therefore, critical habitat will not be discussed further in this Biological Opinion. B. Environmental Baseline for Listed Species Table 4. Listed Species in the Action Area Species Habitat Association Federal Status Suitable Habitat in Action Area Roanoke Logperch Medium-large sized warm, clear streams with riffles, runs, and pools containing sand, gravel or boulder. Endangered Yes Suitable habitat for the Roanoke Logperch is located within the Action Area for the project beginning just downstream of the dam, and continuing past the extent of the Action Area in the Dan River. Any potential habitat upstream of the impounded reach will not be negatively impacted by the activities associated with this project, and those should benefit from the overall restoration project. 1) Percina rex (Roanoke Logperch) The Roanoke Logperch is endemic to only the upper Roanoke and Chowan River watersheds in Virginia and the upper Dan River watershed in North Carolina. The Dan River watershed population is the only population in the Action Area. The Roanoke Logperch has not been found in the impoundment behind the dam as suitable habitat does not currently exist; however, six individuals have been observed in the Action Area since 2015 (NCWRC 2020). The Roanoke Logperch has sustained segmented populations for several decades; however, environmental stressors are still contributing to the species recovery challenges. Dams and impoundments that create habitat fragmentation and degradation are the primary limitations for these restricted populations. Currently, the Lindsey Bridge Dam and its impoundment are hindering potential upstream connectivity to suitable habitats and potentially additional populations for the Roanoke Logperch. Limited expansion opportunities and lessened genetic variation can be detrimental to the survivability of a population. III. Effects of the Action on Listed Species and Cumulative Effects 14 A. Roanoke Logperch Any potential adverse impacts to the Roanoke Logperch immediately downstream of the dam are believed to be temporary, short term, small in scale and geographically localized to the Dan River population near the dam. The greatest potential for adverse effects will be immediately downstream of the dam where fine sediment could be displaced from the dam partial removal itself and from bank erosion as the machinery enters and exists the riverbanks during the restoration work. Additionally, a major storm event could erode soil from within the disturbed construction area and wash it into the stream. These stressors may cause any logperch in the area to relocate further downstream while the project is ongoing; potentially interfering with respiration or feeding and otherwise degrading their current habitat in the Action Area. An increase in turbidity is possible due to in water work, including heavy machinery lowering the dam and building the weirs, and associated placement of boulders in the channel. This turbidity however, is not expected to exceed that from high flows caused by large storm events and will be short term in nature. A NCWRC biologist’s observations indicate frequent turbid conditions occur in occupied reaches and the logperch may have built up a minor tolerance to the temporary deviations in water clarity. However, stringent erosion control measures and turbidity minimization efforts outlined in Section 1(D) will minimize the amount of sediment entering the stream and the duration of turbidity events potentially affecting Roanoke Logperch. Adverse impacts will be temporary, and project benefits will be permanent. The installation of seven fish passage weirs downstream of Lindsey Bridge Dam on the Dan River will gradually raise the water level up-gradient in a stepwise approach in approximately 900 feet of river with Roanoke Logperch use in mind. As a result, any existing logperch habitat in this area will be permanently affected; negatively impacting some habitat due to loss, and benefiting other sections with scour reduction and bank stabilization. However, the fish passage will permanently allow logperch, as well as other species, to access an additional 48 miles of river upstream of the dam. The benefit of this newly accessible habitat should far outweigh the small area lost in the project footprint. Bank stabilization measures within the project area will also help lessen siltation in the Dan River and reduce the possibility of burying logperch habitat. This will have a beneficial effect on downstream habitat areas as well as within the project boundary. Minimal take, if any, is expected as a result of the project. Every effort will be made so that in water restoration activities will happen outside of the spawning period for the Roanoke Logperch to avoid impacting eggs and larvae, and conservation measures will be implemented. It is possible, but unlikely, that incidental take could occur as boulders are being placed. Temporary coffer dams and pumps will help minimize this risk. The project will develop long-term beneficial cumulative effects by restoring access to approximately 48 miles of upstream habitat in the Dan River and associated tributaries. This will 15 allow for the demographic dispersal, enhanced genetic diversity, species richness, and historical biological function that is necessary to support the Roanoke Logperch recovery. The lowering of Lindsey Bridge Dam coupled with the upstream and downstream restoration actions will allow a more natural river system to develop. Additionally the long-term benefits from restored stream banks that will reduce the risk of siltation of existing habitats will likely increase population numbers and improve the fitness and survivability of the Roanoke Logperch. These effects should outweigh the temporary adverse effects and small amount of habitat loss caused by the installed structures. IV. Conclusion After reviewing the current status of the Roanoke Logperch, the environmental baseline of the species and habitat for the action area, the effects of the proposed action and cumulative effects, it is the Service’s Biological Opinion that the action, as proposed, is not likely to jeopardize the continued existence of the Roanoke Logperch and will result in a net conservation benefit to the species. The Service reached these conclusions because: A. The primary purpose of the proposed action is to conserve the Roanoke Logperch and restore connectivity of habitat for the species; B. The proposed action was developed in coordination with the Service and NCWRC for that purpose; C. The proposed action gives full consideration to, and is consistent with, the survival and recovery needs of the Roanoke Logperch and the role of the action area in providing for those needs; D. Based on the successful outcome of a similar habitat restoration projects, there is a high level of certainty that the proposed action is likely to produce a beneficial impact for the Roanoke Logperch; E. Adverse impacts (including those that conform to incidental take) are likely to be small in magnitude (less than three acres of habitat affected for this wide-ranging species), temporary (meaning not continuous, recurring, or chronic), short-term and geographically local (only affecting one of the three river basins in which the species occurs); F. The amount or extent of incidental take of the Roanoke Logperch is likely to be low, and it is not likely to have adverse population-level impacts to the affected species; and, G. The project is not likely to cause a permanent net loss of habitat or net loss of habitat function. The Lindsey Bridge Lowering and Fish Passage Project is likely to have an overall and long- term beneficial effect on the Roanoke Logperch. Temporary construction activities as previously described may adversely affect local logperch populations, and the construction of rock weirs in 16 900 feet downstream of Lindsey Bridge Dam may eliminate logperch habitat in the immediate Action Area. Short-term adverse effects are possible within the project footprint and for a short distance downstream during construction but will be minimized by best management practices. The fish passage project will allow logperch and other species to travel over the Lindsey Bridge Dam and allow access to 48 miles of river and reconnect currently fragmented populations, providing permanent, long-term benefits to the Roanoke Logperch. V. Incidental Take Statement Due to the difficulty of detecting take in actual numbers of individual Roanoke Logperch caused by the Action, the Service is using acres of suitable habitat as a surrogate. The incidental take is expected to be in the form of harassment and potential harm, and the Service anticipates the amount or extent of take to be all Roanoke Logperch harassed within the approximately 3 acres of suitable habitat contained in the Action Area (~900 linear feet immediately downstream), and all Roanoke Logperch harmed within the immediate dam partial removal construction zone footprint as indicated in the final construction plans and impacts analysis in the Nationwide Permit application. Incidental Take in the form of harassment to the Roanoke Logperch in the Action Area will be due to temporary disturbance while machinery is in the water and sedimentation and turbidity are increased resulting in behavioral modification. Temporary and some permanent habitat degradation will occur as boulders and large rocks are placed instream to construct the fish passage and associated weirs. Roanoke Logperch movements, feeding, or sheltering could be permanently, but more likely, temporarily disrupted. Incidental take resulting from behavioral modification would be very difficult to determine and monitor in a small, mobile species like the Roanoke Logperch. Actual habitat degradation may be detectable, but knowing whether a specific degradation actually affected the species would also be difficult to determine. Incidental Take in the form of potential harm to the Roanoke Logperch in the Action Area, while unlikely, will be due to the potential for injury to an individual during the partial dam removal and fish passage construction where large boulders and rocks may enter the habitat in addition to the large in water machinery needed to do this activity. Acres of habitat have been used as a surrogate for this Incidental Take Statement, as there is no practical way to know the number of Roanoke Logperch that may be present within the Action Area at any given time. Based upon Roanoke Logperch surveys in the Dan River, the likelihood of Roanoke Logperch being in the Action Area during the partial removal of Lindsey Bridge Dam and associated restoration activities is very low. Survey data from the NCWRC and permit records from 2015-2019 show there have been a total of six individual Roanoke Logperch recorded during four different survey efforts within that time period. Five of the six observations were recorded approximately 200 meters downstream of the dam; near, or under, the Lindsey Road Bridge. Reasonable and Prudent Measures and Terms and Conditions The Service determined that this level of anticipated take is not likely to jeopardize the continued existence of the species. 17 The Service believes that no reasonable and prudent measures are necessary or appropriate, above what is already stated in Sections I(D) and I(E), to minimize the impact of incidental take caused by the Action on Roanoke Logperch. Minor changes that do not alter the basic design, location, scope, duration, or timing of the Action will not reduce incidental take below the amount or extent anticipated for the Action as proposed. Therefore, this incidental take statement does not provide reasonable and prudent measures. No reasonable and prudent measures to minimize the impacts of incidental take caused by the Action are provided in this incidental take statement; therefore, no terms and conditions for carrying out such measures are necessary. VI. Reinitiation Notice This concludes formal consultation on the action outlined in the request by the Corps on May 12, 2020. As provided in 50 CFR §402.16, reinitiation of formal consultation is required where discretionary Federal agency involvement or control over the action has been retained (or is authorized by law) and if: (1) the amount or extent of incidental take is exceeded; (2) new information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; (3) the agency action is subsequently modified in a manner that causes an effect to the listed species or critical habitat not considered in this opinion; or (4) a new species is listed or critical habitat designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending reinitiation. VII. References Burkhead, N.M. 1983. Ecological studies of two potentially threatened fishes (the Orangefin madtom, Noturus gilberti, and the Roanoke logperch, Percina rex) endemic to the Roanoke River drainage. Report to Wilmington District Corps of Engineers, Wilmington, NC. 155 pp. Burkhead, N.M. and R.E. Jenkins. 1991. Fishes. IN: Virginia’s Endangered Species, proceedings of a symposium. Karen Terwilliger (ed.). McDonald and Woodward Publishing Company, Blacksburg, VA. 672 pp. Catchment Solutions. 2017. Bremer River (Berrys Weir) rock ramp fishway. Accessed November 2019.https://catchmentsolutions.com.au/projects/bremer-river-berrys-weir-rock-ramp- fishway/ McLaughlin Whitewater Design Group. 2017. Gunnison River Hartland Dam: Delta, CO. Accessed 8 November 2019. https://mclaughlinwhitewater.com/projects/gunnison-river/ NCWRC and USFWS. 2014. Roanoke logperch (Percina rex) Cooperative Restoration Plan. DRAFT. 18 NCWRC. 2020. Roanoke Logperch Survey and Permit Records 2015-2019. North Carolina Wildlife Resources Commission, Raleigh, NC. NCWRC. 2020. Roanoke Logperch Species Page. Accessed on June 2020. https://www.ncwildlife.org/Learning/Species/Fish/Roanoke-Logperch#2521716-overview Roberts, J.H., Angermeier, P.L. and Hallerman, E.M. 2013. Distance, dams and drift: What structures populations of an endangered, benthic stream fish? Freshwater Biology, 58: 2050- 2064. doi:10.1111/fwb.12190 Roberts, J.H. 2018. Development of a decision document to guide Roanoke logperch augmentation. Submitted to the Virginia Department of Game and Inland Fisheries, Richmond, VA. Rosenberger, A.E. and Angermeier, P.L. 2002. Roanoke Logperch (Percina rex) Population Structure and Habitat Use. Final Report. Virginia Department of Game and Inland Fisheries, Blacksburg VA. U.S. Fish and Wildlife Service. 1992. Roanoke Logperch recovery plan. Newton Corner, MA. 35pp. U.S. Fish and Wildlife Service. 2007. Roanoke Logperch (Percina rex) 5-year review: Summary and Evaluation, Gloucester, VA. 24pp. U.S. Fish and Wildlife Service. 2020. Roanoke Logperch Species Page. Accessed June 2020. https://www.fws.gov/raleigh/species/es_roanoke_logperch.html U.S. Fish and Wildlife Service. Environmental Conservation Online System. Roanoke Logperch Species Profile. Accessed January 2020. https://ecos.fws.gov/ecp0/profile/speciesProfile?spcode=E01G ___-XO\_____ ________________________________ 7RP$XJVSXUJHU 'HSXW\)LHOG6XSHUYLVRU Date THOMAS AUGSPURGER Digitally signed by THOMAS AUGSPURGER Date: 2020.07.21 12:52:01 -04'00'