20070047 Ver 1_More Info Received_20040324

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a`~ENT oa ~Oti
o~ ~ ti~Q~ UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
1fa Eo-` NATIONAL MARINE FISHERIES SERVICE
s'~*ES °`'~ Southeast Regional Office
9721 Executive Center Drive North
St. Petersburg, FL 33702
[phone]; Fax [phone]
http://caldera. sero.nmfs.gov
N1AR 2 4 2004
Stacy Baldwin
Project Development & Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Ms. Baldwin:
F/SER3:SKB
This is in response to your October 6, 2003, letter regarding the construction of a second bridge to
Oak Island in Brunswick County, North Carolina (TIP No. R-2245). We have reviewed the material
submitted by the North Carolina Department of Transportation (NCDOT), with respect to possible
effects on the species listed and the critical habitat designated under the Endangered Species Act
(ESA) under the purview of the National Marine Fisheries Service (NOAA Fisheries). This
consultation is being conducted with the NCDOT as designated by the Federal Highways
Administration, North Carolina Division (letter dated April 8, 2003) pursuant to 50 CFR 402.08.
Construction of the bridge to Oak Island will consist of inserting concrete piles into the substrate via
either driving or jetting. Barges will be utilized in the construction. The bridge will connect S.R.
1104 to N.C. 211 by crossing over the Atlantic Intracoastal Waterway (AIWW). Project location is
nearby (ca. 8'/z miles) the mouth of the Cape Fear River. The endangered shortnose sturgeon
(Acipenser brevirostrum) is known to inhabit the Cape Fear River. Four federally-protected species
of sea turtles (green, Chelonia mydas; leatherback, Dermochelys coriacea; loggerhead, Caretta
caretta; and Kemp's ridley, Lepidochelys kempii) are often found in the project location in the
AIWW and nearby the project location in the Atlantic Ocean. Therefore, NOAH Fisheries is
conce:-ned about potential pr;~ject in:paots on shoi-tr_ose stz:rbean and sea hirtlec.
The NCDOT proposes and is willing to adopt the following measures to avoid harm to species in the
project area:
In-water construction shall be conducted only between July 1 and February 14 (which is
outside the anadromous fish spawning period of February 15 through June 30), to
preclude adverse effects on spawning behavior and sensitive early life stages, and
Avoid impacts to water resources and aquatic communities by strictly adhering to
guidelines described in three best management procedures (Best Management
--Pr-aches-for--P-rotection-of-Sur~aee-LYater-s, 1~1GI~OT 199?-s-Stream-Gr-ossing- _.__ ____
Guidelines for Anadromous Fish Passage, NCDOT 1999; and North Carolina
Erosion and Sediment Control Planning and Design Manual, NCDENR 1993) that
reduce turbidity and minimize runoff.
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Furthermore, construction methods used for bridges (e.g., pile driving or jetting-in, and construction
1=a.rge anchoring) have not been shown to adversely affect sea turtles or shortnose sturgeon; both
species are highly mobile and will likely avoid the area due to project activity and noise. Normal
behavior patterns of listed species are not expected to be significantly disrupted by the proposed
action as the project area is not known to serve as a feeding, breeding, migratory, or sheltering area
for either sea turtles or shortnose sturgeon. Therefore, NOAA Fisheries concludes that the project,
when designed to include the protective measures listed above that reduce project impacts to
discountable levels by restricting in-water construction, protecting migratory pathways, and
protecting water quality and clarity, is not likely to adversely affect shortnose sturgeon or listed sea
turtles.
This concludes the NCDOT's consultation responsibilities with NOAA Fisheries under section 7 of
the ESA for the second bridge to Oak Island project. Be advised that a ne~~ consultation must be
initiated if a take occurs or new information reveals effects of the action not previously considered,
or the identified action is subsequently modified in a manner that causes an effect to listed species or
critical habitat in a manner or to an extent not previously considered, or if a new species is listed or
critical habitat designated that maybe affected by the identified action. Potential project impacts
utilizing methodology not considered in the consultation will require additional ESA section 7
consultation with NOAA Fisheries' Protected Resources Division.
The action agency is also reminded, in addition to its protected species/critical habitat consultation
requirements with NOAA Fisheries' Protected Resources Division pursuant to section 7 of the ESA,
prior to proceeding with the proposed action the action agency must also consult with NOAA
Fisheries' Habitat Conservation Division (HCD) pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act's requirements for essential fish habitat (EFH) consultation (16
U.S.C. 1855 (b)(2) and 50 CFR 600.905-600.930, subpart K). Consultation is not complete until
EFH and ESA concerns have been addressed. If you have any questions about EFH consultation for
this project, please contact Mr. Ron Sechler, HCD, at [phone].
We look forward to continued cooperation with the NCDOT in conserving our endangered and
threatened resources. If you have any questions, please contact Dr. Stephania Bolden, fishery
biologist, at [phone], or by a-mail at [e-mail].
Sincerely,
~~~~ ~
/ Roy E. Crabtree, Ph.D.
Regional Administrator
cc: F/SER4 (R. Sechler)
Ref: I\SER\2004\01320
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