20071134 Ver 2_Information Letter_20080113

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United States Department of the
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
January 9, 2009
Mr. David Baker
Asheville Regulatory Field Office
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Dear Mr. Baker:
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Subject: Amendment to the Biological Opinion for the Proposed Widening of US 19 in
Madison, Mitchell, and Yancey Counties, North Carolina, and Its Effects on the
Federally Endangered Appalachian Elktoe and Its Designated Critical Habitat
The following is an,amendment to the U.S. Fish and Wildlife Service's (Service),March 14,
2008, Biological Opinion (BO) regarding the effects'of the subjecf highway widening and
associated bridge construction on the Appalachian elktoe (Alasmidonra raveneliana) and its
designated critical habitat. This amendment is provided pursuant to section 7 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). A complete record of the
consultation is maintained and available for your review at this office.
Project Description
The original BO for the project addressed impacts from the widening of US 19 for about 29 miles
from I-26 (US 23) in Madison County, east to State Route (SR) 1336 in Yancey County
(R-2518A and R-251813), and then from SR 1336 in Yancey County to an existing multilane
section west of the Town of Spruce Pine in Mitchell County (R-2519A and R-2519B). The
project also includes widening the bridge over the Cane River and replacing the bridge over the
South Toe River. The additional impacts addressed in this amendment are limited to the
widening of the Cane River Bridge and the area affected within the construction footprint of the
new bridge. The existing bridge will be maintained and widened by constructing a new

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double-lane bridge immediately downstream, adjacent to the existing bridge and connecting the
two structures to provide a four-lane bridge.
Effects of the Causeway Changes
The action area for this amendment is about 2 miles upstream of designated critical habitat for
the Appalachian elktoe on the Cane River, and the proposed changes are not expected to affect
critical habitat. The permanent project impacts at the Cane River Bridge widening in the
2008 BO remain the same-50 ftZ of bridge bent foundation in the river at the bank. The
temporary impacts to the Cane River at this site were originally estimated at 700 ft2. After the
BO was issued and the project moved forward, the North Carolina Department of Transportation
(NCDOT) determined that the bridge could not be constructed without additional temporary
impacts. After careful review with the contractor and NCDOT construction personnel, the new
temporary impacts are expected to be 235 m2 or 2.530 ftz. These impacts will occur primarily as
a result of the installation of stone causeways along the riverbanks to allow for crane and drill
equipment access and operation. Although the causeways will be larger, they comply with the
original BO and will not restrict more than 50 percent of the river channel and will be designed
to retain causeway material during periods of higher flows. The contractor also will work to
further minimize the amount and extent of causeway needed as the project proceeds.
To further minimize impacts to the river, the contractor will remove old fill from the floodplain
in the northwest quadrant of the project area, adjacent to the existing bridge, and use that area for
equipment access and placement thereby potentially reducing the size of the causeway. When
the project is completed, the floodplain affected by the old fill will be restored to the correct
elevation, and the riparian buffer will be replanted.
Species' Status in the Action Area
Although the Appalachian elktoe has previously been found downstream and upstream of the
project impact area, multiple surveys located no elktoe specimens in the immediate vicinity of
the Cane River Bridge. On several occasions in the spring and summer of 2008, a wastewater
treatment plant located upstream of the bridge discharged contaminated water that killed fish and
other aquatic organisms. Subsequent surveys of the river reach affected by the discharge,
including the area of the bridge construction, resulted in no live elktoes in this reach of the river,
including areas where live mussels were known to exist prior to the discharges. Live
Appalachian elktoes were located upstream of the discharge. Apparently, this species has been
eliminated (or mostly eliminated) in the Cane River from the wastewater discharge point to
several miles downstream, including the area of the subject bridge.
Conclusion
After reviewing the information regarding the status of the Appalachian elktoe, the
environmental baseline for the species in the larger action area, and other relevant factors in the
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existing BO and taking into account the temporary nature of the additional 1,830 fta of riverbed
disturbance, it is our biological opinion that the additional impacts at this bridge site are not
likely to jeopardize the continued existence of the Appalachian elktoe.
Incidental Take
Section 9 of the Act and federal regulations pursuant to section 4(d) of the Act prohibit the taking
of endangered and threatened species, respectively, without special exemption. Take is defined
as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage
in any such conduct. Harm is further defined by the Service to include significant habitat
modification or degradation that results in death or injury to listed species by significantly
impairing essential behavioral patterns, such as breeding, feeding, or sheltering. Harass is
defined by the Service as intentional or negligent actions that create the likelihood of injury to
listed species to such an extent as to significantly disrupt normal behavior patterns that include,
but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take that is
incidental to, and not for the purpose of, the carrying out of an otherwise lawful activity. Under
the terms of section 7(b)(4) and section 7(0)(2), taking that is incidental to and not intended as
part of the agency action is not considered to be prohibited under the Act, provided that such
taking is in compliance with the terms and conditions of this incidental take statement.
Amount of Take Anticipated
Because of the recent die-off of the Appalachian elktoe in this reach of the Cane River, the level
or extent of take of individuals associated with the changes in this amendment is not likely to
increase. However, to ensure that any potential increases in take are addressed, the amount of .
incidental take in the original BO for the Cane River crossing is hereby amended to reflect the
potential increase of 1,830 ftz for a total of 2,530 ft2 (or 235 mz) of temporary riverbed
disturbance at this site and includes all individuals within this area of disturbance.
Effect of the Take
In this amended biological opinion, we have determined that this level of take is not likely to
result in jeopardy to the Appalachian elktoe.
All Reasonable and Prudent Measures and Terms and Conditions contained in the original BO
apply to this amendment. Further, incidental take is only amended for the Cane River Bridge
crossing construction and demolition activities. This concludes formal consultation under
section 7 of the Act. As required in 50 CFR 402.16, reinitiation of formal consultation is
required if. (1) new information reveals impacts of this identified action that may affect listed
species in a manner not previously considered; (2) this action is subsequently modified in a
manner which was not considered in this review; or (3) a new species is listed or critical habitat
determined that may be affected by the identified action.

If you have questions about this amendment, please contact Ms. Marella Buncick of our staff at
828/258-3939, Ext. 237. In any future correspondence pertaining to this project, please reference
our Log Number 4-2-03-063.
Sincerely,
Brian P. Cole
Field Supervisor
cc:
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
Boulevard, Suite 250, Raleigh, NC 27604
Mr. Chris Militscher, U.S. Environmental Protection Agency, 1313 Alderman Circle,
Raleigh, NC 27603
Mr. Jeff Hemphill, Natural Environmental Biological Surveys Group, North Carolina
Department of Transportation, 1598 Mail Service Center, Raleigh, NC 27699-1598
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