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HomeMy WebLinkAbout2022-02136 NWP 14 TearsheetU.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-02136 County: Rockingham U.S.G.S. Quad: NC-Mavodan GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: NC Department of Transportation Attn: Michael Turchy Address: 1000 Birch Ridge Drive Raleigh, NC 27610 Size (acres) —3.5 Nearest Town Madison Nearest Waterway Mayo River River Basin Roanoke USGS HUC 03010103 Coordinates 36.392494,-79.952829 Location description: The pro*ect area is located at NCDOT Bridge 124 on SR 2177 (Dam Valley Road) over the Mayo River, in Rockingham County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into >0.01 acre (21 linear feet) of stream channel (not considered permanent loss of stream), the temporary discharge of fill material into >0.01 acre (28 linear feet) of stream channel, and the temporary discharge of fill material into 0.03 acre of open waters within the Mavo River. necessary for the replacement of existing NCDOT bridge on a new alignment and associated approach work. included as part of NCDOT TIP B-5712. Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit 14. Linear Transportation Projects 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 attached Conditions, your application signed and dated 10/3/2022, and the enclosed plans "Wetland and Surface Water Impacts Permit, January 202211, Permit Drawing Sheets 1 through 8. 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 and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general 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) 817-2436 or David.E.Bailev2(&usace.armv.mil. Date: 2022.11.17 12:30:18 Corps Regulatory Official:-05-00' Date: 11/17/2022 Expiration Date of Verification: 3/14/2026 SAW-2022-02136 SPECIAL CONDITIONS 1. The U.S. Fish and Wildlife Service's (USFWS's) Programmatic Biological Opinion (PBO) titled, "NCDOT Program Effects on the Northern Long-eared Bat in Divisions 1-8", dated November 6, 2020, contains agreed upon conservation measures for the NLEB. As noted in the PBO, applicability of these conservation measures varies depending on the location of the project. Your authorization under this Department of the Army permit is conditional upon your compliance with all applicable agreed upon conservation measures in the PBO, which are incorporated by reference in this permit. Failure to comply with the applicable these conservation measures would constitute non-compliance with your Department of the Army permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO, and with the ESA. 2. 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 Biological Opinion [BO] under ESA Section 7, with "incidental take" provisions with which you must comply). The enclosed U.S. Fish and Wildlife Service 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. Date: 2022.11.17 Corps Regulatory Official: 12:29:55-05'00' Date: 11/17/2022 Expiration Date of Verification: 3/14/2026 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 https://re ugulatory.ops.usace.gM.mil/customer-service-survey. Copy furnished electronically: Ryan Conchilla, NCDEQ-DWR, ryan.conchilla@ncdenr. og_v E fivi North Carolina Department of Transportation ;in1'uihv�it[°f Highway Stormwater Program } r' STORMWATER MANAGEMENT PLAN (Version 3.00; Released August 2021) FOR NCDOT PROJECTS WBS Element: 45677.1.1 TIP/Prof No.: B-5721 County(ies): Rockingham Page 2 of 2 General Project Information Waterbody Information Surface Water Body 1 : Mao River NCDWR Stream Index No.: 22-30- 10 NCDWR Surface Water Classification for Water Body Primary Classification: Class C Supplemental Classification: Other Stream Classification: None Impairments: None Aquatic T&E Species? No Comments: NRTR Stream ID: Mayo River Buffer Rules in Effect: N/A Project Includes Bridge Spanning Water Body? Yes Deck Drains Discharge Over Buffer? Dissipator Pads Provided in Buffer? Deck Drains Discharge Over Water Body? INo (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) (If yes, provide justification in the General Project Narrative) Surface Water Body (2): 1 UT to Mayo River NCDWR Stream Index No.: 22-30-(10) NCDWR Surface Water Classification for Water Body Primary Classification: Class C Supplemental Classification: None Other Stream Classification: None Impairments: None Aquatic T&E Species? No Comments: NRTR Stream ID: SA Buffer Rules in Effect: N/A Project Includes Bridge Spanning Water Body? No Deck Drains Discharge Over Buffer? N/A Dissipator Pads Provided in Buffer? N/A Deck Drains Discharge Over Water Body? N/A (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) (If yes, provide justification in the General Project Narrative) Surface Water Body 3 : UT to Mao River NCDWR Stream Index No.: 22-30- 10 NCDWR Surface Water Classification for Water Body Primary Classification: Class C Supplemental Classification: None Other Stream Classification: None Impairments: None Aquatic T&E Species? No Comments: NRTR Stream ID: SB Buffer Rules in Effect: N/A Project Includes Bridge Spanning Water Body? No Deck Drains Discharge Over Buffer? N/A Dissipator Pads Provided in Buffer? N/A Deck Drains Discharge Over Water Body? I N/A (If yes, provide justification in the General Project Narrative) (If yes, describe in the General Project Narrative; if no, justify in the General Project Narrative) L. (If yes, provide justification in the General Project Narrative) STATE OF NORTH CAROI ILA DIVISION OIL HIGHWAYS ROCKINGHAM COUNTY LOCATION: BRIDGE 780124 ON SR 2177 (DAN VALLEY RD) OVER THE MAYO RIVER TYPE OF WORK: GRADING, DRAINAGE, PAVING, AND STRUCTURE WETLAND AND SURFACE WATER IMPACTS PERMIT See Sheet 1A For Index of Sheets See Sheet 1B For Conventlonol Symbols JANUARY 2022 BEGIN BRIDGE —L— STA. 20+29.00 END CONSTRUCTION -DWI- STA. 11+75.00 BEGIN TIP PROJECT B-5721 —L— STA. 15+46.00 -\0v5' �i"3 THERE IS NO CONTROL OF ACCESS ON THIS PROJECT. CLEARING ON THE PROJECT SHALL BE TO THE LIMITS ESTABLISHED USING METHOD II. THIS PROJECT IS NOT WITHIN ANY MUNICIPAL BOUNDARIES. SITE 1 END BRIDGE —L— STA. 22 + 99.00 STA'EE STATE PROIP.CT REPERENC6 NO. SXee,I.fi B-5 721 9TATE PROl.N0. P. A.PROl. NO. OE9CRIPTION 45677.1.1 BRZ-2177 001 PE PERMIT DRAWING SHEET 1 OF 8 4 0 5 END CONSTRUCTION o END TIP PROJECT B-5721 -Y- STA. 11 +35.00 h:� —L— STA. 30 + 40.00 SITE 3 SR / (NL 1VATER 77 ` //ry //END CONSTRUCTION ST) j i/ h /// -L- STA. 31+00.00 - I ------ -- /L------ TO SR 2150 - I I L- SR 21 ----� r------- (RIVER RD) / (DANN V Rb) - SITE 2 75% ROADWAY PLANS DECEMBER 17, 2021 PRELIMINARY PLANS DO NOT USE FOR CONSTRUCTION DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED el GRAPHIC SCALES el DESIGN DATA 11 PROJECT LENGTH 11 Prepared in the Office of: HYDRAULICS ENGINEER ADT 2022 = 4,277 Suite 5438 Wade Park Boulevard, Suite 200 �L=C0m NC FIRM LICENSE No:F-0342 Ralei h, NC 27607 50 25 0 50 100 (91n9) 461-1I00 RORF ADT 2041 = 6,096 p K = 10 /D LENGTH ROADWAY TIP PROJECT B-5721 = 0.232 MI 0* � @ �® � o 2018 STANDARD SPECIFICATIONS PLANS D = 55 % GREGORY R. COLS, P.E. P.E. SIGNATURE: ® a 50 25 0 50 l00 T = 8% p/p * V = 50 MPH * TTST =1% DUAL 7% LENGTH STRUCTURE TIP PROJECT B-5721 = 0.051 MI % TOTAL LENGTH TIP PROJECT B-5721 = 0.283 MI RIGHT OF WAY DATE: JANUARY 14, 2022 VQ ®� PROJECT ENGINEER NEIL I DEAN P.E. I ROADWAY DESIGN ENGINEER (HORIZONTAL) PROFILE HORIZONTAL PROJECT DESIGN ENGINEER 10 5 0 10 20 FUNC CLASS = LOCAL SUB —REGIONAL TIER LETTING DATE: DECEMBER 20, 2022 D STUT P.E. _ 8��0� NCDOT oz PROJECT MANAGER AGER P.E. SIGNATURE: PROFILE (VERTICAL) TEMPORARY WORK PAD N.T.S. MIN. ELEV=541.3' CLASS B RIP RAP 10, NATURAL GROUND CLASS II RIP RAP GEOTEXTILE �� g051 GPI coo x 10/ m BEGIN TIP PROJECT B-572/ —L— STA.I5+46A0 O SOD FARM PRPERTY,LLC DB 1171 PG 1761 Q C7 ° R I 57, C70€7 �O �1 Q y�0p0S TAINjA J F INV=54! WOODS —ON/— ST, 0 0 \ LUG 11 PERMIT DRAWING SHEET 2 OF 8 N (TYP) I RAP WOODS J / F STRUCTURE PAY ITEM /d p VJ0095 ExisTwc Bxw2Gl F --'3RADE N y DE Th DRAIN I / —1---L—�1_ LU HECTORS St P=�f. R SNEGGI WOODS ��_� ,/�ff NDSTA.20+T 08 RT_ 1l WO S SITE 1 SITE 1 TEMP. WORK PAD & TEMP. IMPACTS IN SURFACE WATERS O SOD FARM PROPERTY,LLC DB 1171 PG 1761 I(/ I TEMPORARY WORKPAD DENOTES TEMPORARY IMPACTS IN SURFACE WATER goo DGE •124 CONC. BST � • II, II, II, II, II, � � PROJECT REFERENCE NO. SHEET NO. B-572/ 4 RIN SHEET NO. ROADWAY DESIGN HYDRAULICS ENGINEER ENGINEER �ItELdA�[IN E$Y 1�LAN S DO NOT USE FO CONSTRUCTION Ow'-e ol:— AECOM " am wa kEsoEa°a a = ,.e " 'asi-uoTOsoi DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED N' O Lo DAVID M. BRACEY DB 1274 PG 634 1~ Lij CLASS II RIP RAPTy N °UE-' (STRUCTURE PAY ITEM) W PUE Lu BM-2 N a F • _ O 0 O N BEGIN STA. 23+09 RT tin END TA. 23+32 RT r— EXISTING Riw — LLJ Z WOODS 2 o OGER L. AND L INDA 41 SMI —DB T79 PG 243 PAVEMENT REMOVAL FOR —L— PROFILE SEE SHEET 6 FOR —OWI— PROFILE SEE SHEET 7 0 0 0 TEMPORARY WORK PAD MIN. ELEV=541.3' NATURAL GROUND GEOTEXTILE N.T.S. CLASS B RIP RAP PROJECT REFERENCE NO. SHEET NO. B-572/ 4 SHEET NO. DES DES ROADWAY DESIGN HYDRAULICS PERMIT SHEET DRAWING 3 OF 8 11 ENGINEER ENGINEER Il�1Ed1E1LdNIIN DO NOT USE PO lEd� Il�1LAN� CONSTRUCTION /� O SOD FARM PROPERTY,LLC Prepared in the ca sE rva F-o rz aF A=COM 5g3d rva aorv�a�a�a. s��.a zoo Rd,V,a,C,,2 m DB 1171 PC 1761 N DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED 'CLASS II RIP RAP I / /e i END CONSTRUCTIONto ti O -DWI- STA//+75.//�� 0 , I DAVID M. BRACEY �- DB 1274 PC 634 L j 1 � s ��ti�ltititi / UJI P �yj > ` • rs / •. 1 / CLASS IIRIP RAP, N \U� j CC�i�i--��, P o p �! V n PUE (STRUCTURE PAY ITEM) LU PUE W BEGIN TIP PROJECT 572/ � E i PI E O -L STAI5,`46.00 — O F ITYPj ' I RAP WOODS o 8 i STRUCTURE P® IITEM) CN BB62G _--z"^4 - SB �� BEGIN STA. 23+09 RT F ---- F END TA.21-E32 RT �/i C7 .vv i -- --- — — — — — — R yDE� DRAIN 7 RDCE _ ' o — —F -- �� - r� O DRAI N , C7 / J - ice. _ `rw -. - Lu -f ,Nc aiw s 2G ��Hv,� R Z TAIN QJ 5 _ WOODS A -v 5 / w p _ IN STA. d 42 i N0'' V-547.3 RETAI" SITE 1 TEMP. WO PAD INV-548.63' S J 1N 5 9.2D' \\ � S& TEMP URFACE IMPACT WATEIN I/ !� �ocE DE, L.N e ' INDA 1 S s a L/\ I / PC 24 �s g CONN TORS e WOaM MPRJ I �� SOD FARM PROPERt,Y, LLC DB 1171 PO 1761 v \ V✓ \I Vs J 1 5 � `5`59 � � ` s i �I \� U \ a TEMPORARY WORKPAD se DENOTES TEMPORARY \\ (5m s IMPACTS IN SURFACE WATER \ \ 5 e>s \ \ \ SSe \ eS \ \S y . 100' 0' 100' PAVEMENT REMOVAL SCALE FOR -L- PROFILE SEE SHEET 6 FOR -DWI- PROFILE SEE SHEET 7 m 0 0 0 PROJECT REFERENCE NO SHEET NO ERMI SH E D T 4 WING 0 F 8 e-572/ 6 ROADWAY DESIGN ENGINEER HYDRAULICS ENGINEER -L- S A. 16 + 7.22 C 1 BRIDG E STA. 21 +64 L- P/ = 3+85.00 PIBEII INiIIN UO NOT USE I=O RY PLANS CONSTRUCTION 129', 1 141' -DWI STA. 1 + 00.0 M 4' END BENT CAPS VC = K = 55 P/ = 18 foo.00 G SKEWN� P. ELEV -jn7 = 57 .94' - Prepared in the INlice of: A-� 5930 W FI M LIk EBSE -rd S.l a 20 ° s° -L- - VC = /Ol ROa°s�i'n"NC 2760 oo STA. 15 46.00 DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED 570 EL 556. 0' K = 8 (+)I.09 3% (-J 2/57% +� .6 9-1 _ (-122i 7v 560 / EXISTING GROUND -L---I-----t-� BRIDGE HY RAULIC DATA DESIGN REOUENCY = 50 YRS DESIGN ELEVATI N = 554 FT BASE D SCHARGE = 28,8C 0 CFS BASE F EOUENCY = l00 YRS ELEVAT - 5552 FT OVERTOI PING DISCHARGE = l7 CFS OVERTOI PING FREOO ENCY= l0+ YRS OVERTOf PING ELEVA ION = 5512 FT OT A -L- STA I +00 LEV = 551D FT DATE OF SURVEY = 11107 20I8 W.S. ELa ATION AT DATj OF SURVE = 540 FT EL=541.3 \ [�(N IN.) // 550 1 GROUND LINE @ NWSE= 40.3' 540 EXISTIN13 BRIDGE I - (APPROX. \ 530 TEMP. WORK PAD & TEMP B #2 - STA.23 76.2/ 68.4 'LEFT E EV=556.3 ' BM"I -L- STA.2/+I283 25.04' LEFT ELE=556.55' 510 SPIK IN 20' AIAPLE TREE_ FOR -L-PAN VIEW EE SHE T 4 510 13 14 15 16 17 18 19 20 21 22 23 24 m 0 N -L- STA. 28 69.93 59n P1= L185.00 -Y- STA. 10 + 00.00 Pl E HYD AULIC CATA 54" RCP Sto. 30 57 D SIGN FRI QUENCY = 25 YF, S D SIGN DIS HARGE = 80 CFS DESIGN HW ELEVATI = 56 .5 F lrrc YEAR ELEVA ION = 562.59 F ERTOPPI G FREQU NCY= 20 + Yr, S ERTOPPI G DISCH GE = 140 CFS Y- STA. 10 + 00.00 /L = 565.71 BEGIN GRADE F-rv- C+A -in . -Pi EL = 65.25'�-Y- END RADE END TIP PROJE T B-57 1 STA. 11 + 3.00 N = I' BURIED DEPTH L- 5 I A. U + 4U. U K = 5 L = 5?24 6' g P/ = 26 95.00 JEL = 5 4.97' C = 5' Z EL= 57.48' _ = 7580 V = 15Y EL 564.74' K = 12 VC l50' m 570 c E 3135% (+l $ (- - - -1 L5840% 560 N END V DITCH R Z BEG V-DITC RT -L- S A 28+50. 0 N 55n -L- STA28+0 00 EL = 564.00 54' RCP m 18e RC Sto.10+ 4 DRAINAGE AREA = /10 AC DESIGN FREQUENCY = 5 rRS DESIGN DISCHARGE _ IIJ FS DESIGN hW ELEVA ION = 563.4 FT /00 YEAR DISCHARGE _ J.5 FS /00 YEAR HW ELEVATION = 63.46 T OVERTOPPING DISCHARGE = 15.0 FS OVERTOP ING ELEV TION = 66.0 cT FOR -L-PAN VIEW EE SHEET 5 FOR -Y-PAN VIEW EE SHE T 5 sqn 24 25 26 27 28 29 30 31 32 33 10 11 Uf Z 0 Iv DETAIL 1 DETAIL 2 DETAIL 3 SPECIAL LATERAL 'V' DITCH TYPICAL SECTION 'V' DITCH W/PSRM PIPE BANK STABILIZATION I Not to Scale) (Not to Scala) IN— Smle) N N NaNml lac Nral ad 1.25'mm= atuELEV.=560'MIN. T Ground 4.X D F\sec Groand 7) p 't\� Id d FILL EXISTING :..NV ILL WRIP RAP —1.25' Min. D= I Ft. Min. D= 1 Ft. L� M— d = 1 Ft, d— V.H.O—INEL BED FROM -L- STA. 28+00 RT TO -L- STA. 28+50 RT Type of Liner= PSRM Type of Dner= Cl— I Rip Rap P/adable) FROM -Y- STA. 10+31 LT TO -Y- STA. 11+35 LT -L STA. 30+56 RT FROM -Y- STA. 10+39 RT TO -Y- STA. 11+35 RT EIP N END CONSTRUCTION - —Y— STA //+35.00 M 0 DAVID M. BRACEY O EIP 0y DB 1274 PG 634 q m WAYNE & IRENE KNIGHT IV DB 1228 PG 1614 W STEVENB COX � N rL1 I `� / `S� / DB 877 PG 392 w �v V W N PUE - PUE p 0 - PUE VF O F + _ WOODS N N ♦ BL-4 F F W EXISTING R/W WOODS U / � 6 ROGER L.A D C LINDA L. H DB 779 243 0 TO DRAIN TYPICAL SECTION DITCH EST. PSRM I 1p DE 2 SEE DETAIL / TYPICAL SECTION / V—DITCH fe PSRM EST. 100 SY / f PSRM SEE DETAILTIE TYPICAL SECTION 2 EDXTZ NGTO WOODS E r /1 FS DITCH LINE C / / o QPUE - Pi II i I EIP -. �y / — INV=56243'_, 78o PW�I \� / Pletlmont Na+ural Gos F EIP Company Inc. G D T DRAI �6°STL(HPI — — � I"G � oN Oil I1 o � 1 I 1 I 2SFD PV I � I I \ I I SPECI LATERAL V-DITCH — EE D L I EIXISTING GROUND • PUE "- WOODS PUE 7 O INER COLLINS DB 7" PG 6 WILL BOOK 09E-73 WILL BOOK 90E-55 i /POGAIPLE - / 8 / AER / DB DB 150504 PC PG 21 2165 / t DENOTES IMPACTS IN / SURFACE WATER DENOTES TEMPORARY IMPACTS IN SURFACE WATER PERMIT DRAWING SHEET 5 OF 8 END TIP PROJECT B-572 —L— STA.30+40DO / SIT ti .�1 �o PROJECT REFERENCE NO. SHEET NO. B-572/ 5 RW SHEET NO. ROADWAY DESIGN ENGINEER HYDRAULICS ENGINEER PItELd DO NOT UEE USE FO E$Y 1�LANS CONSTRUCTION MM 4s/ d/o'UC QKD oop 1 ry i `J 'SURF E WATEP.,*PAL4 PATRICIA SWRAY / DB 1233 PbG 23 e/ EXISTING R/W 1 . R P 25 PRE - O SR 9J77 DAN VKLEY RD —_ 23'BST CP—V ---__ -- D 1' 25 PR �— YISTING R/W A —Li ST. , AN � I `PERMT SURFACE WATER IKl % 1 "I 'PCE WATER I CTS 5 GF_ I ;W S. I i 0 i I WOODS I � / EIP T ROBERT C. SS PC 1404DB 1258 PG I404 I L STABILIZATION NS CLASS IRIP RAP GEOTEXTILE 3ALLEN HENSLEY 12 PG 363 I I WOODS off a of — AECOM ,a3a Wa aIR IkEsoEla°a a = ,.a zoG DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED ioo' a' loo' PAVEMENT REMOVAL FOR —L— PROFILE SEE SHEET 6 SCALE FOR —Y— PROFILE SEE SHEET 6 0 0 0 m PROJECT REFERENCE NO. SHEET NO. B-572/ 5 RAN SHEET NO. ___ DETAIL 1 DETAIL 2 DETAIL 3 ROADWAY DESIGN HYDRAULICS TYPICAL SECTION 'V' DITCH wRSRM SPECIAL LATERAL'V' DITCH PIPE BANK STABILIZATION ENGINEER ENGINEER 1 Natty Scale) (Nato Scala) I S.6) PERMIT D RAW I N G \1 a•:aia. �ww ;FLO m:➢� TELEV. =560' MIN. SHEET 6 O F 8 "l NaNml b.\l Natural V GroundE\moo Ground Z') D F��e` trnlD mn ,rx�iwr tD to Tnn p wrc d FILL EXISTING PLUNGE— — /tiQ 1L'u®R%1lill1rIl11V a®ll ll'llaALV .S POOL WRIP RAP —1.25' �` DO NOT USE PO CONSTEUCTION Min. D= 1 F. Min. D= 1 Ft. d= Varie M.. d= 1 Ft. CHANNEL BED Type of Liner= PSRM Type of Liner= Class I Rip Rap Nadoblel FROM -L- STA. 28+00 RT TO -L- STA. 28+50 RT -L STA. 30+56 RT FROM -Y- STA. 10+31 LT TO -Y- STA. 11+35 LT FROM -Y- STA. 10+39 RT TO -Y- STA. 11+35 RT EIP Prepared in the DRiee of Bg3B IA=COM pa E Na: F_D342 de Par Boulevard. Suite 200 Ra,dV,"F, o60 N \ END TIP PROJECT B-572/ DOCUMENT NOT CONSIDERED FINAL T +400 UNLESS ALL SIGNATURES COMPLETED L S A 30 0 / ti END CONSTRUCTION s� / O-Y- STA//+35.00 DAVID M. BRA P o aM / e3 74 PG 6�4 l , � 'WAYNE & IRENE KNIGHT DB 1228 PG 1614 ,. DB 12k d L � I i ILLJ REX B COX 1,7 STEVEN B. COX 2 DB 8T7 PG 392;. 6 PICAL S I N ITC / �T s ST. E W TA LLJ �h TYPICAL / N PUE .---------- ___ SECTION O Pu P a sFD / - // V-DITCH -PSRM END CONSTRUC I()O - E ES�00SYTIETYPICAL SIT 3 -L STA3/+WQCf, SEE DETAIL ) _ 2 SECTION DITCH TOWOODS EXISTING / DITCH LINE CN s�q PUE MPORAR SURF E WATERWA&S\ 1 I AY �SBL-4 6243 n4� 11"" N -- — r-3fl0�A _ REMOVE INV 5 F GRADE TO DRAIN �-�— _ . _ u — 125 PR L H PL 6°STL T DRAT c LU �ODS h n// g I I �= E%ISiING aiw A ) R 2 z� w0oD5 -zs1-D566�- -� � � PUE � - - PUE Q ROGER L A D / I w PIPE BANK STABILIZATION - 1 , , PE T SURFACE WATER I CTS EST_ DB°:y'7,JT9, 243 i II V � EST 6S-SY, E TE------ IP _ Pp�L/ RF CE WATER ACTS j I $PE D LATERAL V DITCH �° J' / z SEE DETAILS , ' I EE D TAIL 1 � �� � / I m Jj�II // �' j f / T EXISTING GROUND / /� gOR-'� 3�`+� -I I _ Yt----- • w` FSLEY / - �COLLINS� YIOBB7O4O0K PG -WILL BOOK 90E-55 -- I � I I - II WO-ODS��— - -� GAP / I ANN G. SHAFFNER --�_ �s DB 1504 PG 2165 ROBERT C14 4 DB 1258 PCPG 140 DENOTES IMPACTS IN SURFACE WATER / oo' ol 100, DENOTES TEMPORARY PAVEMENT REMOVAL IMPACTS IN SURFACE WATER / FOR -L- PROFILE SEE SHEET 6 SCALE FOR -Y- PROFILE SEE SHEET 6 0 0 0 N Z 0 END CONSTRUCTION -Y - S / - .3500O =� 2SFo ' C IV=562e43' - EIP 18" P� - 18" RCP �/E ATlP PROJECT B-572/ PERMIT DRAWING ,� SHEET 7 OF 8 'r STA. 30 +40.00 a� Sc / ?P ll - END CONSTRUCT- l0 _ -L STA. SITE/3 C INV=5610 Service _ BL-5 2" s1� c C > 411 PUE _ PUE p�F EIP WOODS PUE ►y[ilZsim PUE �ig„1 i �I � 1 —E- rL -- INV=597a39 TEMPRF C E WATER lt4PXCTS DENOTES IMPACTS IN SURFACE WATER DENOTES TEMPORARY Q IMPACTS IN SURFACE WATER I I / I I I 1 1 1 1 N /I REMOVE INV=558o16' SURFACE WATERAM/PACTS PATRICIA So WRAY �� DB 1233 PG 23 EXISTING R/W RAP 25 PR T O EIP SR 2177 DAN VAl l FY qn PROJECT REFERENCE NO. SHEET NO, B-572/ R,W SHEET NO. ROADWAY DESIGN HYDRAULICS ENGINEER ENGINEER DD NOT USE FO CONSTRUCTION A=COM is waaeRP kEao e°a a°s .e z°° DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED PL 23'BS7 _ 54" RCP—V BURIED 1' 25 PR EXISTING R/W A 18" TC - 8 TC R •T - � { T SURFACE WATER I TS m PIPE BANK STABILIZATION I EST. 35 TONS CLASS I RIP RAP EST. 65 SY GEOTEXTILE z� SEE DETAIL 3 I WOODS e� IPATRICK ALLEN HENSLEY I DB 1512 PG 363 WOODS I I I� 40' 0' 40' ,I I SCALE WETLAND AND SURFACE WATER IMPACTS SUMMARY WETLAND IMPACTS URWATER IMPACTS Site No. Station (From/To) Structure Size / Type Permanent Fill In Wetlands (ac) Temp. Fill In Wetlands (ac) Excavation in Wetlands (ac) Mechanized Clearing in Wetlands (ac) Hand Clearing in Wetlands (ac) Permanent SW impacts (ac) Temp. SW impacts (ac) Existing Channel Impacts Permanent (ft) Existing Channel Impacts Temp. R Natural Stream Design (ft) 1 -L- 21+54 to 22+40 2-Span Bridge (1@129', 1@141') 0.03 54 2 -L- 30+25 to 30+58 RT 54" Pipe / Bank Stabilization < 0.01 < 0.01 21 20 3 -L- 30+54 to 30+65 LT 54" Pipe < 0.01 8 TOTALS: < 0.01 0.03 21 82 0 *Rounded totals are sum of actual impacts NOTES: 2018 Feb United States Department of the Interior SE�:�E F[SH SERVICE FE A FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 July 5, 2022 Seth Wilcher Federal Highway Administration 310 New Bern Avenue, Suite 410 Raleigh, North Carolina 27601 Subject: Biological Opinion — Replacement of Bridge No. Mayo River in Rockingham County, NC (TIP No 2022-0043263 Dear Mr. Wilcher: 124 on SR 2177 over the B-5721); FWS Project Code #: This letter transmits the enclosed Biological Opinion (BO) of the U.S. Fish and Wildlife Service (Service) for the replacement of Bridge No. 124 on SR 2177 over the Mayo River in Rockingham County, NC (the Action). The Service received on May 12, 2022 your letter requesting formal consultation for the Action described in the May 6, 2022 Biological Assessment. You determined that the Action is likely to adversely affect the Roanoke Logperch. The enclosed BO answers your request for formal consultation, and concludes that the Action is not likely to jeopardize the continued existence of the Roanoke Logperch. This finding fulfills the requirements applicable to the Action for completing consultation under §7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended. Reinitiating consultation is required if the Federal Highway Administration retains discretionary involvement or control over the Action (or is authorized by law) when: a. the amount or extent of incidental take is exceeded; b. new information reveals that the Action may affect listed species or designated critical habitat in a manner or to an extent not considered in this BO; c. the Action is modified in a manner that causes effects to listed species or designated critical habitat not considered in this BO; or d. a new species is listed or critical habitat designated that the Action may affect. A complete administrative record of this consultation is on file with our office. If you have any questions about the BO, please contact Gary Jordan at gM jordan&fws. go . Sincerely, THOMAS THOMIASSigned AUGS by URGER 0400022.°'.°5'S`2':52 AUGSPURGER Tom Augspurger Deputy Field Supervisor Enclosure Electronic copy provided to: Jared Gray, NCDOT, Raleigh, NC Jerry Parker, NCDOT, Greensboro, NC David Bailey, USACE, Wake Forest, NC Travis Wilson, NCWRC, Creedmoor, NC Biological Opinion Replacement of Bridge No. 124 on SR 2177 Over the Mayo River, Rockingham County, North Carolina TIP number B-5721 FWS Project Code #: 2022-0043263 U.& F'L9ii E ILDI.IF'E SERVICE Prepared by: U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 THOMAS AUGSPURGERDigitally signed by T Date: 202 070516:1107-04'00 GSPURGER July 5, 2022 Tom Augspurger, Deputy Field Supervisor Date TABLE OF CONTENTS CONSULTATIONHISTORY...................................................................................................................................... iii BIOLOGICALOPINION............................................................................................................................................1 1. INTRODUCTION............................................................................................................................................1 2. PROPOSED ACTION.......................................................................................................................................2 2.1. Construction of New Bridge........................................................................................................................2 2.2. Demolition of Existing Bridge.....................................................................................................................2 2.3. Conservation Measures..............................................................................................................................3 2.4. Other Activities Caused by the Action.........................................................................................................5 2.5. Action Area.................................................................................................................................................5 3. SOURCES OF CUMULATIVE EFFECTS..............................................................................................................7 4. STATUS OF SPECIES.......................................................................................................................................7 4.1. Species Description.....................................................................................................................................7 4.2. Life History..................................................................................................................................................7 4.3. Numbers, Reproduction, and Distribution..................................................................................................8 4.4. Conservation Needs and Threats................................................................................................................8 5. ENVIRONMENTAL BASELINE.........................................................................................................................9 5.1. Action Area Numbers, Reproduction, and Distribution..............................................................................9 5.2. Action Area Conservation Needs and Threats............................................................................................9 6. EFFECTS OF THE ACTION...............................................................................................................................9 6.1. Construction of New Bridge........................................................................................................................9 6.2. Demolition of Existing Bridge...................................................................................................................10 6.3. Conservation Measures............................................................................................................................10 6.4. Other Activities Caused by the Action.......................................................................................................10 6.5. Summary...................................................................................................................................................11 7. CUMULATIVE EFFECTS................................................................................................................................11 8. CONCLUSION..............................................................................................................................................11 9. INCIDENTAL TAKE STATEMENT...................................................................................................................11 9.1. Amount or Extent of Take.........................................................................................................................12 9.2. Reasonable and Prudent Measures..........................................................................................................12 9.3. Terms and Conditions...............................................................................................................................12 9.4. Monitoring and Reporting Requirements.................................................................................................12 10. CONSERVATION RECOMMENDATIONS.......................................................................................................13 11. REINITIATION NOTICE.................................................................................................................................14 12. LITERATURE CITED......................................................................................................................................14 11 CONSULTATION HISTORY This section lists key events and correspondence during the course of this consultation. A complete administrative record of this consultation is on file with the Service's Raleigh Field Office. 2021-12-06 — The Service began discussions with the North Carolina Department of Transportation (NCDOT) regarding the need for formal Section 7 consultation. 2022-03-24 — The Service received a draft Biological Assessment (BA) from the NCDOT. 2022-03-28 — The Service provided comments on the draft BA. 2022-05-12 — The Service received a final BA dated 2022-05-06 and a letter from the Federal Highway Administration (FHWA) requesting initiation of formal Section 7 consultation. 2022-05-24 — The Service provided a letter to the FHWA stating that all information required for initiation of formal consultation was either included with their 2022-05-12 letter or was otherwise available. 2022-06-02 — The Service provided the FHWA and NCDOT with a draft Biological Opinion. iii BIOLOGICAL OPINION 1. INTRODUCTION A biological opinion (BO) is the document that states the findings of the U.S. Fish and Wildlife Service (Service) required under section 7 of the Endangered Species Act of 1973, as amended (ESA), as to whether a Federal action is likely to: • jeopardize the continued existence of species listed as endangered or threatened; or • result in the destruction or adverse modification of designated critical habitat. The Federal action addressed in this BO is the Federal Highway Administration's (FHWA) funding of the North Carolina Department of Transportation's (NCDOT) proposed replacement of Bridge No. 124 on SR 2177 over the Mayo River, Rockingham County, North Carolina, TIP number B-5721 (Action). This BO considers the effects of the Action on the Roanoke Logperch. The Action does not affect designated critical habitat; therefore, this BO does not address critical habitat. The Service previously concurred with the NCDOT's conclusion that the Action is not likely to adversely affect the James Spinymussel by letter dated February 28, 2022. This concurrence fulfilled the FHWA's responsibilities for the Action under §7(a)(2) of the ESA for this species. We do not further address this species in this BO. BO Analytical Framework A BO that concludes a proposed Federal action is not likely to jeopardize the continued existence of listed species and is not likely to result in the destruction or adverse modification of critical habitat fulfills the Federal agency's responsibilities under §7(a)(2) of the ESA. "Jeopardize the continued existence means to engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species" (50 CFR §402.02). "Destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat as a whole for the conservation of a listed species" (50 CFR §402.02). The Service determines in a BO whether we expect an action to satisfy these definitions using the best available relevant data in the following analytical framework (see 50 CFR §402.02 for the regulatory definitions of action, action area, environmental baseline, effects of the action, and cumulative effects). a. Proposed Action. Review the proposed Federal action and describe the environmental changes its implementation would cause, which defines the action area. b. Status. Review and describe the current range -wide status of the species or critical habitat. c. Environmental Baseline. Describe the condition of the species or critical habitat in the action area, without the consequences to the listed species caused by the proposed action. The environmental baseline includes the past and present impacts of all Federal, State, or private actions and other human activities in the action area, the anticipated impacts of all proposed Federal projects in the action area that have already undergone formal or early consultation, and the impacts of State or private actions which are contemporaneous with the consultation. d. Effects of the Action. Predict all consequences to species or critical habitat caused by the proposed action, including the consequences of other activities caused by the proposed action, which are reasonably certain to occur. Activities caused by the proposed action would not occur but for the proposed action. Effects of the action may occur later in time and may include consequences that occur outside the action area. e. Cumulative Effects. Predict all consequences to listed species or critical habitat caused by future non -Federal activities that are reasonably certain to occur within the action area. f. Conclusion. Add the effects of the action and cumulative effects to the environmental baseline, and in light of the status of the species, formulate the Service's opinion as to whether the action is likely to jeopardize species or adversely modify critical habitat. 2. PROPOSED ACTION The NCDOT proposes to replace Bridge No. 124 on SR 2177 over the Mayo River in Rockingham County, North Carolina (Action). The Action is federally funded by the Federal Highway Administration. The existing bridge was constructed in 1965 and is considered structurally deficient. Components of both the superstructure and substructure have experienced an increasing degree of deterioration that can no longer be addressed by maintenance activities. The existing bridge is a 217 feet long, seven -span structure with two interior bents within the Mayo River. 2.1. Construction of New Bridge The new bridge will be a two -span structure with one span at 129 feet and the other at 141 feet, totaling 270 feet. The new bridge will first be constructed adjacent and upstream to the current structure and will completely span the river. Approach work for both ends of the new bridge will include tree clearing and placement of fill material to raise and extend the existing roadbed upstream of the current roadbed. Class II rip rap will be placed adjacent to both bridge end bents for protection of the bents. Minor improvements will be made to the SR 2177/SR 2174 intersection near the northeastern end of the project limits. 2.2. Demolition of Existing Bridge The existing bridge is to remain as a detour structure until the new bridge is completed. After completion of the new bridge, the existing bridge will be removed in a top -down manner with the portion of the bridge over the river cut into pieces and removed by a crane. Temporary causeways, to be located just upstream of the existing bridge, will be used to facilitate the removal of the structure. The causeways will extend from one riverbank and then the other so that no more than 50 % of the river channel will be blocked at one time. The area around each bent in the river will be dewatered, and the existing piles will be cut off one foot below the riverbed. Materials used for stabilization, causeway fill, and much of the old approach fill will be removed. 2 2.3. Conservation Measures The following will be incorporated into the design and construction of the Action to avoid and minimize effects to the Mayo River. Regardless of the surface water quality classification, NCDOT will adhere to Design Standards in Sensitive Watersheds described in 15A NCAC 0413.0124. (a) Uncovered areas in High Quality Water (HQW) zones shall be limited to a maximum total area of 20 acres within the boundaries of the tract. Only the land -disturbing activity within a HQW zone shall be governed by this Rule. Larger areas may be uncovered within the boundaries of the tract with the written approval of the Director upon providing engineering justification with a construction sequence that considers phasing, limiting exposure, weekly submitted self- inspection reports, and more conservative design than the 25-year storm. The Director may also stipulate the inclusion of other conditions in the plan as necessary based on specific site conditions. (b) Erosion and sedimentation control measures, structures, and devices within HQW zones shall be planned, designed, and constructed to provide protection from the runoff of the 25-year storm that produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture, Natural Resources Conservation Service's "National Engineering Field Handbook 630 for Conservation Practices." Other methodologies may be used if based on generally accepted engineering standards that are shown to the Division to be equivalent to or improved over the procedures in Handbook 630. The Division shall determine acceptability of an alternative methodology based upon a showing that the runoff model used was based on observed data in agreement with the predictive model. (c) In order to provide for water quality protection in HQW zones, sediment basins that discharge to those areas shall be designed and constructed to meet the following criteria: (1) use a surface withdrawal mechanism, except when the basin drainage area is less than 1.0 acre; (2) have a minimum of 1800 cubic feet of storage area per acre of disturbed area; (3) have a minimum surface area of 325 square feet per cfs of Q25 peak inflow; (4) have a minimum dewatering time of 48 hours; and (5) incorporate 3 baffles, unless the basin is less than 20 feet in length, in which case 2 baffles shall be sufficient. (d) Upon a written request of the applicant, the Director may allow alternative design or control measures in lieu of meeting the conditions required in Subparagraphs (c)(2) through (c)(5) of this Rule if the applicant demonstrates that meeting all of those conditions will result in design or operational hardships and that the alternative measures will provide an equal or more effective level of erosion and sedimentation control on the site. Alternative measures may include quicker application of ground cover, use of sediment flocculants, and use of enhanced ground cover practices. (e) Newly constructed open channels in HQW zones 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 forms of ditch liners proven to the Division as being effective in restraining accelerated erosion. The angle for side slopes shall be sufficient to restrain accelerated erosion Special procedures will also be used for clearing and grubbing, grading operations, seeding and mulching, and staged seeding within the project. NCDOT will designate the affected area as an Environmentally Sensitive Area. 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 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. Grading 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 complete, and areas are permanently stabilized prior to beginning of 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 just cause for the Engineer to direct the suspension of work in accordance with Article 108-7 of the Standard Specifications. 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. No appreciable time shall lapse into the contract time without stabilization of slopes, ditches, and other areas within the Environmentally Sensitive Areas. Stage Seeding The work covered by this section shall consist of the establishment of a vegetative cover on cut and fill slopes as grading progresses. 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. All applicable Best Management Practices (BMPs) from the following documents will be used during project design and construction: Erosion and Sediment Control Design and Construction Manual (NCDOT 2015); Stormwater Best Management Practices Toolbox (NCDOT 2014); and Best Management Practices for Construction and Maintenance Activities (NCDOT 2003). Project design calls for the elimination of the two bents currently within the Mayo River channel. The proposed new bridge will completely span the river. 2.4. Other Activities Caused by the Action A BO evaluates all consequences to species or critical habitat caused by the proposed Federal action, including the consequences of other activities caused by the proposed action, that are reasonably certain to occur (see definition of "effects of the action" at 50 CFR §402.02). Additional regulations at 50 CFR §402.17(a) identify factors to consider when determining whether activities caused by the proposed action (but not part of the proposed action) are reasonably certain to occur. These factors include, but are not limited to: (1) past experiences with activities that have resulted from actions that are similar in scope, nature, and magnitude to the proposed action; (2) existing plans for the activity; and (3) any remaining economic, administrative, and legal requirements necessary for the activity to go forward. Existing power and phone lines north of the existing bridge will be relocated slightly north of their current location. A PNG/Duke Energy gas line will be relocated. Although plans for the gas line relocation are not finalized, the most likely action would involve boring underneath the Mayo River and staying within the new road right-of-way. Our evaluation of this Action assumes this construction methodology. If trenching or another methodology is utilized, additional analysis may be required under a separate action. 2.5. Action Area 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). Delineating the Action Area is necessary for the Federal action agency to obtain a list of species and critical habitats that may occur in that area, which necessarily precedes any subsequent analyses of the effects of the action to particular species or critical habitats. It is practical to treat the Action Area for a proposed Federal action as the spatial extent of its direct and indirect "modifications to the land, water, or air" (a key phrase from the definition of "action" at 50 CFR §402.02). Indirect modifications include those caused by other activities that would not occur but for the action under consultation. The Action Area determines any overlap with critical habitat and the physical and biological features therein that we defined as essential to the species' conservation in the designation final rule. For species, the Action Area establishes the bounds for an analysis of individuals' exposure to action -caused changes, but the subsequent consequences of such exposure to those individuals are not necessarily limited to the Action Area. 5 W1 . k O ,0- as- -- .*-. r !L rt lop Legend Prop Aflignment 4. Prop Roadway Budge Biological Assessment may 2la22 BRIDGE # 124 ON SR 2177 Figure ■ OVER MA RIVER B- 572 1 2.5 B-5721 ROCKINGHAM COUNTY G!SM KW me Figure 2.5 shows the locations of all activities that the proposed Action would cause and the spatial extent of reasonably certain changes to land, water, or air caused by these activities, based on the descriptions and analyses of these activities in sections 2.1-2.4. The Action Area for this BO includes the SR 2177 right-of-way at Rockingham County Bridge No. 124, beginning approximately 470 feet from the southwest end of the new bridge and extending just past SR 2174 for a total of approximately 900 feet, plus the Mayo River for a distance of 328 feet (100 meters) upstream to 1,312 feet (400 meters) downstream and extending slightly into the Dan River. The Action Area consists mainly of a maintained/disturbed roadside vegetative community, the SR 2177 pavement and bridge structure, the Mayo River channel, and a small amount of riparian forest. 3. SOURCES OF CUMULATIVE EFFECTS A BO must predict the consequences to species caused by future non -Federal activities within the Action Area, i.e., cumulative effects. "Cumulative effects are those effects of future State or private activities, not involving Federal activities, that are reasonably certain to occur within the action area of the Federal action subject to consultation" (50 CFR §402.02). Additional regulations at 50 CFR §402.17(a) identify factors to consider when determining whether activities are reasonably certain to occur. These factors include, but are not limited to: existing plans for the activity; and any remaining economic, administrative, and legal requirements necessary for the activity to go forward. In its request for consultation, the FHWA did not describe, and the Service is not aware of, any future non -Federal activities that are reasonably certain to occur within the Action Area. Therefore, we anticipate no cumulative effects that we must consider in formulating our opinion for the Action. 4. STATUS OF SPECIES This section summarizes best available data about the biology and condition of the Roanoke Logperch (RLP, Percina rex) throughout its range that are relevant to formulating an opinion about the Action. The Service published its decision to list the RLP as endangered on August 18, 1989 (54 FR 34468-34472). No critical habitat has been designated for the species. The Species Status Assessment (SSA) Report was published in 2022 (USFWS 2022). 4.1. Species Description The RLP is a large darter with an elongate body up to 165 mm in total length (Roberts and Rosenberger 2008). It has a bulbous snout, eight to 11 lateral blotches, dorsal scrawling, and an orange streak on the first dorsal fin which is especially vivid in mature males (Jenkins and Burkhead 1994). 4.2. Life History The RLP is a benthic invertivore that uses a feeding tactic whereby it flips pebbles and gravels with its snout and eats the exposed invertebrates. Because of this specialized feeding behavior, 7 they prefer habitat with loose, unembedded, and unsilted substrates and substrates of a size that are easily flipped (Rosenberger and Angermeier 2003, Lahey and Angermeier 2007). The maximum life span is approximately 6.5 years (Burkhead 1983), and reproductive maturity occurs at 2-3 years (Jenkins and Burkhead 1994). Spawning occurs in April or May in deep runs over gravel and small cobble. Logperch typically deposit their eggs and provide no subsequent parental care (Jenkins and Burkhead 1994). For additional life history information, see Section 2.2 of the SSA (USFWS 2022). 4.3. Numbers, Reproduction, and Distribution The RLP is endemic to the Roanoke, Dan, and Chowan basins of Virginia and North Carolina. The known geographic distribution of RLP has expanded dramatically over time, from four streams by the end of the 1940s to 14 streams by the time of its ESA listing in 1989 to 31 streams currently. Because survey effort also increased dramatically over this time, we cannot determine whether RLP's range increased because of true range expansion via dispersal, new discovery of existing but undiscovered populations, or both. The species' current distribution is assessed as four metapopulations (Roanoke Mountain, Roanoke Piedmont, Dan, and Chowan). Each of these metapopulations harbors 1-5 demographically independent management units (MUs) with a total of 11 currently occupied MUs extending 2033.7 km. More detailed information regarding numbers, reproduction, and distribution can be found in Table 5, Section 2.3, and Section 3.5 of the SSA (USFWS 2022). 4.4. Conservation Needs and Threats The RLP was listed as endangered under the ESA in 1989 based on its small geographic range, vulnerability to anthropogenic impacts like urbanization, reservoir construction, and water pollution, and projected future increases of those threats. Six factors have a particularly strong influence on RLP condition. First, fine -sediment deposition emanating from urbanization, agriculture, and other sources smothers eggs and reduces feeding efficiency, potentially resulting in reduced growth, survival, and recruitment. Second, chronic chemical pollution reduces habitat suitability for RLP, and acute pollution events reduce survival and population size. Third, dams and other barriers inhibit fish movement, fragmenting populations into smaller areas and reducing demographic rescue and gene flow among populations. Fourth, climate change may alter hydrology and sediment delivery by increasing flood magnitudes and flow variability in general, reducing flow predictability, decreasing summer/fall base flows, and increasing erosion and runoff of sediment, potentially reducing habitat suitability for all age -classes of RLP and increasing direct mortality of vulnerable juveniles during spring floods. Fifth, existing legal and regulatory mechanisms such as ESA protections, the U.S. Clean Water Act, and state -level equivalents likely benefit the species through prohibitions on activities that may cause take and by facilitating funding opportunities that can be used for RLP research and conservation. Sixth, management activities aimed at improving habitat quality (e.g., riparian revegetation to reduce silt loading), restoring habitat connectivity (e.g., removing dams), and directly manipulating populations through propagation, augmentation, reintroduction, translocation, and introduction of fish could increase the resiliency and redundancy of populations. More detailed information regarding conservation needs and threats can be found in Section 3.3 of the SSA (USFWS 2022). 5. ENVIRONMENTAL BASELINE This section describes the best available data about the condition of the RLP in the Action Area without the consequences caused by the proposed Action. 5.1. Action Area Numbers, Reproduction, and Distribution Three surveys utilizing electrofishing into a stationary seine have been conducted within or adjacent to the Action Area (November 8, 2016; June 5, 2019; and August 10, 2021). The 2019 and 2021 surveys each yielded a single RLP. The length of each survey was approximately 250 meters (as opposed to the normal 500 meters), with better quality habitat occurring upstream of the existing bridge. Roberts et al. (2016) generated a capture probability for RLP of 0.092 for surveys consisting of electrofishing into a stationary seine. For each of the two surveys that found one RLP, one can be divided by 0.092 to calculate 10.87 individuals potentially present during each of the surveys. Taking the average number of individuals for the three surveys (10.87 + 10.87 + 0) / 3 would result in 7.24 individuals potentially present within the survey reach. Since the survey reach for the three surveys included only 250 meters of the 500 meter Action Area, the calculated number of individuals would be doubled to 14.48. Rounding down, it is estimated that 14 RLP could be present within the Action Area. This estimate assumes an even distribution of individuals throughout the Action Area. 5.2. Action Area Conservation Needs and Threats The Action Area covers approximately 0.9% of the Lower Mayo River MU (0.5 km/54.2 km) and represents approximately 0.02% (0.5 km/2033.7 km) of all habitat within the 11 occupied MUs. The Action Area has the same conservation needs and threats listed in Section 4.4. However, given its proximity to the Towns of Madison and Mayodan, the Action Area has increased threats from continuing urbanization. The adverse effects to aquatic systems from increased urbanization and impervious surface is well understood (Wheeler et al. 2005, Rosenberger 2007). 6. EFFECTS OF THE ACTION In a BO for a listed species, the effects of the proposed action are all reasonably certain consequences to the species caused by the action, including the consequences of other activities caused by the action. Activities caused by the action would not occur but for the action. Consequences to species may occur later in time and may occur outside the action area. We identified and described the activities included in the proposed Action in sections 2.1-2.3. We identified and described other activities caused by the proposed Action in section 2.4. Our analyses of the consequences caused by each of these activities follows. 6.1. Construction of New Bridge The greatest potential for adverse effects to RLP from the Action is prolonged erosion of the disturbed area on and along the banks of the river within the Action Area during the construction 0 of the bridge, placement of rip rap, and approach road earthwork. A major storm event could erode soil from within the disturbed construction area and wash it into the river, potentially clogging their gills, interfering with feeding, burying eggs, and otherwise degrading habitat. To avoid or minimize the potential for this effect, NCDOT has developed stringent erosion control measures and other conservation measures (see Section 2.3) which greatly reduce the likelihood of sediment entering the stream. Even in the unlikely event of catastrophic failure of erosion control measures, the effects of the Action are likely sub -lethal for adults. Given the mobility of the species under normal flow conditions, RLP could temporarily relocate to areas of better habitat upstream of the bridge. 6.2. Demolition of Existing Bridge Habitat for RLP may be affected by the removal of the two in -channel bents and temporary causeways. Disturbed sediment could redeposit downstream within RLP habitat. However, the increased turbidity and substrate disturbance would be temporary and have sub -lethal effects on adults. Upstream or downstream movements of RLP could be hindered temporarily by the disturbance created during bent removal and the placement/removal of the temporary causeways. The removal of the existing bents in the channel will likely alter flow patterns at the bridge thus forcing the stream to reach a new equilibrium. Though some minimal sediment deposition may occur due to a localized reduction of velocity, the effect is likely minimal and possibly undetectable. The removal of the existing in -channel bents and the commitment to completely span the channel will have beneficial effects. Given that in -channel bents can trap debris during high flows and can change stream hydraulics in the immediate vicinity of the structure (causing scour and deposition), the elimination of the in -channel bents is expected to reduce the bridge's effects on flow patterns. Also, given that large debris piles must often be removed from in -channel bents (creating additional channel disturbance and downstream sedimentation), the elimination of the in -channel bents will thus preclude future disturbance from debris removal. The lengthening of the bridge from 217 feet to 270 feet and increasing the hydraulic opening under the bridge will allow the river to access more of its floodplain, thus potentially reducing downstream bank scouring and sedimentation. 6.3. Conservation Measures The conservation measures are primarily designed to minimize erosion, sedimentation, and turbidity, thus reducing the potential for effects to the species. 6.4. Other Activities Caused by the Action The relocation of power, phone, and gas lines could potentially contribute minor sediment input into the river. However, the use of construction BMPs will reduce the potential for effects. 10 6.5. Summary It is estimated that up to 14 RLP may occur within the Action Area at any time and could thus be harmed. Given the highly mobile nature of the species, the Action is unlikely to kill any RLP. However, erosion of sediment into the river and increased turbidity could harm RLP by clogging their gills, interfering with feeding, burying eggs, and otherwise degrading habitat. The use of BMPs and other conservation measures will minimize the potential for such effects. The movements of RLP could temporarily be impeded by in -channel disturbance. Overall, the Action has significant beneficial effects with the removal of in -channel bents and increasing the hydraulic opening under the bridge, thus improving RLP in the long-term. 7. CUMULATIVE EFFECTS In Section 3, we did not identify any activities that satisfy the regulatory criteria for sources of cumulative effects. Therefore, cumulative effects to RLP are not relevant to formulating our opinion for the Action. 8. CONCLUSION In this section, we summarize and interpret the findings of the previous sections (status, baseline, effects, and cumulative effects) relative to the purpose of the BO for the RLP, which is to determine whether the Action is likely to jeopardize its continued existence. The RLP is endemic to the Roanoke, Dan, and Chowan basins of Virginia and North Carolina, and its known range has expanded from 14 streams at the time of its ESA listing in 1989 to 31 streams currently. The species current distribution consists of 11 occupied MUs. The Action Area represents only about 0.02% of all known occupied habitat. The estimated number of RLP present in the Action Area is up to 14 individuals. While mortality of RLP is unlikely, individuals within the Action Area may be temporarily harmed by the effects of sedimentation or by disturbance from in -water work. Conservation measures designed to reduce erosion and sedimentation will minimize such effects. Long-term, the elimination of in -channel bents and increasing the hydraulic opening underneath the bridge will likely improve RLP habitat. After reviewing the status of the species, the environmental baseline for the Action Area, the effects of the Action and the cumulative effects, it is the Service's biological opinion that the Action is not likely to jeopardize the continued existence of the RLP. 9. INCIDENTAL TAKE STATEMENT ESA §9(a)(1) and regulations issued under §4(d) prohibit the take of endangered and threatened fish and wildlife species without special exemption. The term "take" in the ESA means "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct" (ESA §3(19)). In regulations, the Service further defines: • "harm" as "an act which actually kills or injures wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife 11 by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering;" (50 CFR § 17.3) and • "incidental take" as "takings that result from, but are not the purpose of, carrying out an otherwise lawful activity conducted by the Federal agency or applicant" (50 CFR §402.02). Under the terms of ESA §7(b)(4) and §7(o)(2), taking that is incidental to a Federal agency action that would not violate ESA §7(a)(2) is not considered prohibited, provided that such taking is in compliance with the terms and conditions of an incidental take statement (ITS). For the exemption in ESA §7(o)(2) to apply to the Action considered in this BO, the FHWA must undertake the non -discretionary measures described in this ITS, and these measures must become binding conditions of any permit, contract, or grant issued for implementing the Action. The FHWA has a continuing duty to regulate the activity covered by this ITS. The protective coverage of §7(o)(2) may lapse if the FHWA fails to: • assume and implement the terms and conditions; or • require a permittee, contractor, or grantee to adhere to the terms and conditions of the ITS through enforceable terms that are added to the permit, contract, or grant document. 9.1. Amount or Extent of Take This section specifies the amount or extent of take of listed wildlife species that the Action is reasonably certain to cause, which we estimated in the "Effects of the Action" section of this BO. We estimate take of RLP of up to 14 individuals. This take is expected to be sub -lethal in nature for adults. 9.2. Reasonable and Prudent Measures The Service believes that no reasonable and prudent measures are necessary or appropriate to minimize the amount or extent of incidental take of RLP caused by the Action. Avoidance and minimization of RLP habitat previously occurred during the routine project development and design process. Minor changes that do not alter the basic design, location, scope, duration, or timing of the Action would not reduce incidental take below the amount or extent anticipated for the Action as proposed. Therefore, this ITS does not provide RPMs for this species. 9.3. Terms and Conditions No reasonable and prudent measures to minimize the impacts of incidental take caused by the Action are provided in this ITS; therefore, no terms and conditions for carrying out such measures are necessary. 9.4. Monitoring and Reporting Requirements In order to monitor the impacts of incidental take, the FHWA must report the progress of the Action and its impact on the species to the Service as specified in the ITS (50 CFR §402.14(i)(3)). This section provides the specific instructions for such monitoring and reporting 12 (M&R), including procedures for handling and disposing of any individuals of a species actually killed or injured. These M&R requirements are mandatory. As necessary and appropriate to fulfill this responsibility, the FHWA must require any permittee, contractor, or grantee to accomplish the M&R through enforceable terms that the FHWA includes in the permit, contract, or grant document. Such enforceable terms must include a requirement to immediately notify the FHWA and the Service if the amount or extent of incidental take specified in this ITS is exceeded during Action implementation. M&Rl. Disposition of Dead RLP If dead fish suspected of being RLP are observed during the construction and demolition activities of the Action, such fish should collected (if can be safely done) and preserved for identification. Since RLP generally do not exceed 165 mm (6.6 inches), no dead fish larger than this need to be collected. Collected fish should ideally be preserved in 95% non -denatured ethyl alcohol/ethanol. If no ethyl alcohol is initially available, the fish may be temporarily stored on ice (not frozen) until ethyl alcohol is available. The fish should initially be submitted to the NCDOT Biological Surveys Group (Jared Gray, phone 919-707-6120) as soon as possible for identification. If determined to be RLP, the Service's Raleigh Field Office must be notified. M&R2. Erosion Control Measures Failure In the event of any visible sediment loss within the Action Area, a review of turbidity levels will be made upstream and downstream 400 meters (0.25 mile) to determine if sedimentation effects are occurring beyond 400 meters downstream. If visual observation of turbidity levels downstream appear to be elevated beyond upstream observations, the project inspector will contact the Division Environmental Officer. If determined that project -related sedimentation is occurring beyond 400 meters, the Service's Raleigh Field Office must be contacted immediately to discuss potential remediation. 10. CONSERVATION RECOMMENDATIONS §7(a)(1) of the ESA directs Federal agencies to use their authorities to further the purposes of the ESA by conducting conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary activities that an action agency may undertake to avoid or minimize the adverse effects of a proposed action, implement recovery plans, or develop information that is useful for the conservation of listed species. The Service offers the following recommendations that are relevant to the listed species addressed in this BO and that we believe are consistent with the authorities of the FHWA. 1. Contribute funding to any ongoing or future RLP research, monitoring, or conservation efforts conducted by others. 13 11. REINITIATION NOTICE Formal consultation for the Action considered in this BO is concluded. Reinitiating consultation is required if the FHWA retains discretionary involvement or control over the Action (or is authorized by law) when: a. the amount or extent of incidental take is exceeded; b. new information reveals that the Action may affect listed species or designated critical habitat in a manner or to an extent not considered in this BO; c. the Action is modified in a manner that causes effects to listed species or designated critical habitat not considered in this BO; or d. a new species is listed or critical habitat designated that the Action may affect. 12. LITERATURE CITED Burkhead, N.M. 1983. Ecological studies of two potentially threatened fishes (the orangefin madtom, Noturus gilbert and the Roanoke logperch, Percina rex) endemic to the Roanoke River drainage. Final Report to the U.S. Army Corps of Engineers, Wilmington, NC. Jenkins, R.E. and N.M. Burkhead. 1994. Freshwater Fishes of Virginia. American Fisheries Society, Bethesda, MD. Lahey, A.M. and P.L. Angermeier. 2007. Range -wide assessment of habitat suitability for Roanoke logperch (Percina rex). Final Contract Report VTRC 07-CR8. Virginia Transportation Research Council, Charlottesville, VA. North Carolina Department of Transportation (NCDOT). 2003. Best management practices for construction and maintenance activities. Raleigh, NC. Available online at https://connect.ncdot. gov/resources/roadside/FieldOperationsDocumentsBest%20Manag ement%20Practices%20for%2OConstruction%20and%2OMaintenance%2OActivities.pdf. Accessed on May 24, 2022. North Carolina Department of Transportation (NCDOT). 2014. Stormwater best management practices toolbox, version 2. Raleigh, NC. Available online at htlps:Hconnect.ncdot.gov/resources/hydro/Stormwater%20Resources/NCDOT BMP_T oolbox_2014 April.pdf. Accessed on May 24, 2022. North Carolina Department of Transportation (NCDOT). 2015. Erosion and Sediment Control Design and Construction Manual. Raleigh, NC. Available online at hLtps:Hconnect.ncdot.gov/resources/hydro/HSPDocuments/NCDOT ESC_ Manual_2015. pdd£ Accessed on May 24, 2022. Roberts, J.H. and A.E. Rosenberger. 2008. Threatened fishes of the world: Percina rex (Jordan and Evermann 1889) (Percidae). Environmental Biology of Fish 83:439-440. 14 Roberts, J.H., P.L. Angermeier, and G.B. Anderson. 2016. Population Viability Analysis for Endangered Roanoke Logperch. Journal of Fish and Wildlife Management 7(1): 46-64. Rosenberger, A.E. and P.L. Angermeier. 2003. Ontogenetic shifts in habitat use by the endangered Roanoke logperch (Percina rex). Freshwater Biology 48:1563-1577. Rosenberger, A.E. 2007. An Update to the Roanoke Logperch Recovery Plan. Prepared for USFWS Virginia Field Office, Gloucester, VA. USFWS. 2022. Species Status Assessment Report for the Roanoke Logperch (Percina rex), Version 1.0. March 2022, Gloucester, VA. Wheeler, A.P., P.L. Angermeier, and A.E. Rosenberger. 2005. Impacts of new highways and subsequent landscape urbanization on stream habitat and biota. Reviews in Fisheries Science 13:141-164. 15 Action ID Number: SAW-2022-02136 County: Rockingham Permittee: NC Department of Transportation (Attn: Michael Turchy) Project Name: NCDOT / B-5721 / Bridge 124 on SR 2177 / Mayo River / Rockingham County Date Verification Issued: 11/17/2022 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