20111063 Ver 1_Other Agency Comments_20111212

United States Department of the
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
December 20 2011
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
f Dt!�?g '`
�
Inter>�o h: V ,� ?o1z
WEZANDg� D ct 1,cR (lam �H
6R.8 n,Cy
I- I C)&--�
Subject Endangered Species Concurrence Proposed Replacement of Bridge No 107 over
Tuckasegee River on SR 1797 in Jackson County North Carolina Federal Project
No BRZ 1731 (6) WBS Element No 33308 1 1 T I P No B 3861
On November 22 2011 we received your letter (via email) requesting section 7 concurrence on
the subject project and its possible effect on the federally endangered Appalachian elktoe
(Alasmidonta ravanelaana) The following comments are provided in accordance with section 7
of the Endangered Species Act of 1973 as amended (16 U S C 1531 1543) (Act)
North Carolina Natural Heritage Program records indicate that there are multiple occurrences of
the Appalachian elktoe in the Tuckasegee River Critical habitat for this species in the
Tuckasegee River begins at a point about 13 kilometers (km) downstream from the proposed
project site and extends downstream The nearest known record for the species is located about
8 km downstream from the proposed project site Construction projects upstream of critical
habitat represent a potential for negative effects Marginal habitat characteristics within the
project footprint make it unlikely that the species will be directly affected by construction
activities within the project footprint however other construction related direct and indirect
effects do have the potential to affect the species or critical habitat downstream in the
Tuckasegee River Possible direct and indirect effects to the downstream critical habitat and the
species include construction runoff sedimentation fuel/fluid spills road runoff pollutants and
destabilization of the stream channel resulting in long term degradation of the Tuckasegee River
and the subsequent deposition of bank material in the downstream critical habitat To minimize
the potential for these and other negative effects the North Carolina Department of
Transportation has committed to the following minimization measures

Fn/ I
Design Standards for Sensitive Watersheds will be used
A Erosion- and sedimentation control measures, structures, and devices within a
sensitive watershed shall be so planned designed and constructed to provide
protection from the runoff of a 25 -year storm that produces the maximum peak
rate of runoff as calculated according to procedures in the `Erosion and Sediment
Control Planning and Design Manual' or according to procedures adopted by the
North Carolina Department of Transportation
B Sediment basins within sensitive watersheds shall be designed and constructed
such that the basin will have a settling efficiency of at least 70 percent for the
40- micron (0 04 millimeter) size soil particle transported into the basin by the
runoff of a 2 year storm that produces the maximum peak rate of runoff as
calculated according to procedures in the' Erosion and Sediment Control
Planning and Design Manual or according to procedures adopted by the North
Carolina Department of Transportation
C Erosion and sedimentation control measures will include the use of flocculants
in appropriate areas to improve the settling of sediment particles and reduce
turbidity levels in construction runoff The use of flocculants will conform to the
North Carolina Division of Water Quality's approved products list
D Newly constructed open channels in sensitive watersheds shall be designed and
constructed with side slopes no steeper than two horizontal to one vertical if a
vegetative cover is used for stabilization unless soil conditions permit a steeper
slope or where the slopes are stabilized by using mechanical devices structural
devices, or other acceptable ditch liners In any event, the angle for side slopes
shall be sufficient to restrain accelerated erosion
E Ground stabilization sufficient to restrain erosion must be provided for any
portion of a land - disturbing activity in a sensitive watershed within 14 calendar
days following completion of construction or the day grading activities cease
II The NCDOT will designate a 50 -foot stream buffer as an environmentally
sensitive area This protect is located in an Environmentally Sensitive Watershed
This designation requires the use of special procedures for clearing and grubbing
temporary stream crossings and grading operations within the Environmentally
Sensitive Areas identified on the plans and as designated by the engineer This also
requires the use of special procedures for seeding and mulching and staged seeding
within the protect The Environmentally Sensitive Area shall be defined as a 50 foot
buffer zone on both sides of the stream or depression measured from the top of the
stream bank or center of depression
A Clearing and Grubbing In areas identified as Environmentally Sensitive Areas
the contractor may perform clearing operations (but not grubbing operations)
until immediately prior to beginning grading operations as described in Article
2

200 1 of the Standard Specifications Only clearing operations (not grubbing)
shall be allowed in this buffer zone until immediately prior to beginning grading
operations Erosion control devices shall be installed immediately following the
clearing operation
B Gradm Once grading operations begin in identified Environmentally Sensitive
Areas, work shall progress in a continuous manner until complete All
construction within these areas shall progress in a continuous manner such that
each phase is completed and areas are permanently stabilized prior to beginning
the next phase Failure on the part of the contractor to complete any phase of
construction in a continuous manner in Environmentally Sensitive Areas will be
gust cause for the engineer to direct the suspension of work in accordance with
Article 108 -7 of the Standard Specifications
C Temporary Stream Crossings Any crossing of streams within the limits of this
project shall be accomplished in accordance with the requirements of Subarticle
107 -13(B) of the Standard Specifications
D Seeding and Mulching Seeding and mulching shall be performed in accordance
with Section 1660 of the Standard Specifications and vegetative cover sufficient
to restrain erosion shall be installed immediately following grade establishment
Seeding and mulching shall be performed on the areas disturbed by construction
immediately following final grade establishment or if grading activity will cease
for more than 7 days No appreciable time shall lapse into the contract time
without the stabilization of slopes ditches and other areas within the
Environmentally Sensitive Areas
E Stage Seeding Seeding and mulching shall be done in stages on cut and -fill
slopes that are greater than 20 feet in height measured along the slope or greater
than 2 acres in area Each stage shall not exceed the limits stated above
III Construction will be phased so that no more than half of the river channel will
be blocked by the work pads
IV Construction equipment will be inspected daily to minimize the risk of
accidental contamination of the waterway due to leaks
V Bridge demolition will be conducted in a manner that minimizes the dropping
of bridge debris into the water
In addition to these proposed minimization measures we request that all equipment be refueled
and receive maintenance outside of the Environmentally Sensitive Area Refueling and
maintenance should take place in designated refueling sites that are provisioned to quickly
contain any spills of fuel, lubricants and other fluids We also request that a native seed mixture
be used for bank stabilization in order to avoid the spreading of invasive plants
3

We believe these commitments will reduce the potential for negative effects to the Appalachian
elktoe With implementation of the above listed measures we concur with the NCDOT s
determination that the subject 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
If you have questions about these comments please contact Mr Jason Mays of our staff at
8281258 -3939 Ext 226 In any future correspondence concerning this project please reference
our Log Number 4 2 12 030
Sincer ly,
Brian P Cole
Field Supervisor
cc
Ms Lori Beckwith 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
Mr Brian Wrenn North Carolina Division of Water Quality, Central Office 2321 Crabtree
Blvd Suite 250 Raleigh, NC 27604
4