The URL can be used to link to this page

Home My WebLink About20090379_Other Agency Comments_20090324T 'd SGNU-113N-0MG:3WUN £689££L6T6:-131 OS:8T.3ni 0002-TT-Ndf ) STATE. OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BF V ER LY F.A V ES PFRDUE El1CENE A. CONTI, J R. CO( -RNOR SECRETARv PDEA -ENVIRONMENTAL RESOURCE CENTER FACSIMILE TO: J 0 kh -Fk 0 YYI.0.5 FROM: COMPANY: PRONE NUMBER: FAX NUMBER: DATE: 7I,)- p p cf y7Q S(o.? U yJ-1 / y'/9 7J-? 6893 PRONE NUMBER: TOTAL # OF PACES INCLUDING COVF,R: RE: CC: ? URGENT FOR REVIEW ? PLEASE COMMENT ? PLEASE REPLY ? PLFASE RECYCLE NOTESIC:OMMENTS: (( 3 F-,JJS ('dh 60 1-1,69A e--P fi, - ale) 0 /f MNLINO AuuRERS: NC DCPRRIMENT OF 'I RANSFORTA1104 1' UMN EMIIR0NIAC9T LINT I 1598 MAIL SCRVICL C:ENTFP KALEItiH NC, F7[p@-I0j4H IELEPHONE: 914431-WOO F,N: 914-4,91-2111 WhR'1TF INKI MwT.ORE LOCATION: PRCJCCT DC'VLLOI P14Ti =M/IRUNLR IPAL ANPI Y$L$ Li RArypr?' Ef V IRONW14TAL RF SILIRCC CCN I t1 470'-I Ifi AT:ANTI( AVC1,-L R/LL610H NC.. 27N(I4 I/T'd £689££)6T6:O1 TOSS STL 6T6 'InND 1dN d0 dd0 lOO:wOJJ 9b:bT 6002-02-Jdd S0Nd-l13M-0M0:3WkJN £689££L6T6:-131 OS:8T 3ni 0002-TT-Ndf 1? Nr T United States Department of the Interior s FISH AND WILDLIFE SERVICE 'nc„ •';e•° Asheville ricld Office 160 Zillicoa Street Asheville. North Carolina 28801 September 6, 2007 Mr. Phil S. Harris, III, PE Manager, Natural .Env ironn:ent Unit North Carolina Department of Transportation 1598 Mail Service Center Raleigh, Notch Carolina 27699-1598 Dear Mr. Rarris: RECEIVED SEP 1 o 2ool MION OF H5WAYS POEA-017ICE 0; NATURAL ENVR MIIENT Subject: Endangered Species Concurrence for TIP Project No. R-2100B, Improvements to NC 16 from Southeast of SR 1158 (Claude Mash Road) to Southeast of NC 88, Ashe County, North Carolina, FA Project No. STP-16(1), Work Order No. 8.1710902 As requested by the North Carolina Department of Transportation (NCDOT), we have attended field meetings and reviewed the natural resources information and biological conclusion for federally protected species for the subject project. The following comments are provided in accordance with the provisions of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). The NCDOT proposes to make safety improvements to NC 16 in Ashe County for about 2.4 miles, beginning at SR 1 158 and ending at NC 88. The improvements include paving shoulders, improving horizontal and vertical alignments, installing guardrail, replacing culverts, and replacing one bridge. A population of the federally threatened Virginia spiraea (Spiroea virginiona) occurs on the banks of the New River in the right-of-way of this project. In 2006 we attended an on-site team meeting to discuss possible engineering design revisions to avoid impacts to the plants. At this meeting we recommended a complete resurvey of the population to delineate the exact location of the plants for planning purposes. The resurvey was completed, design plan revisions were made, and another site visit was held to review the latest plans. Based on all this information, it was determined that the proposed project could be implemented without impacting this population of the Virginia spiraea. Further, to protect the plants during construction, several measures were agreed to and arc listed in your in your July 3, 2007, letter to us. Given the changes to the project, and if protective measures are implemented and strictly adhered to during ,L/2'd £6e9££2_6TS:01 TOSS STL 6T6 'I01,13 1dN 30 dd0 100:w0Jd 9b:t?l 6002-02-6cU d SONN-1I3M-0M0:3WHN £689E£1J6T6:-131 OS=ST 3ni 0002-TT-NHf construction, we concur with your conclusion that this project is "not likely to adversely affect" the Virginia spiraca. In view of this, we believe the requirements wider section 7(c) of the Act are fulfi lled for this species. 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 Ms. Marella Buncick of our staff at 828/258-3939, Ext. 237. in any future correspondence concerning this project, please reference our Log Numbcr 4-2-89-019. Sincerely, \ l (?naii P. Cole Ficld Supervisor cc: Ms. Marla J. Chambers, Western NCDOT Permit Coordinator, North Carolina Wildlife Resources Commission, 12275 Swift Road, Oakbere, NC 28129 Mr. Monte Matthews, Raleigh Regulatory Field Office, U.S. Army Corps of Engineers, 6508 Falls of the Nouse Road, Suite 120, Raleigh, NC 27615-6814 Mr. Brian Wrenn, North Carolina Division of Water Quality, Central Office, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 L,£'d £689££L6T6:01 TOSS STL 6T6 'If1N3 1HN 40 dd0 100:w0Jd 917:bT 6002-02-adH t, 'd SONt1113M-0MO:3WUN £689££L6T6:-131 a MICHAEL F. EASLEY OuVERNpY July 3, 2007 Ms. Marella Buncick US Fish and Wildlife Service Asheville Office 160 Zillicoa Street Asheville, NC 28801 OS:9T 3111 0002-TT-Ntlt Lti'NDo T1PPE'r7 SECIU7ARY Subject: Avoidance & Minimisation for Virginia spiraea within the proposed improvement of NC. 16 from southeast of SR 1158 (Claude Mash Rd.) to southeast of NC.' 88, Ashe County, Division 11, Work Order No. 8.1710902, FA Project No. STP-16 (1), TIP No. R-21 00B. Dear Ms. Buncick: The purpose of this letter is to summarize all Avoidance and Minimization techniques implemented for the federally protected Virginia spiraea (.spiraea wrginiana) that occurs within the rights-of-way of TIP R-2100B. NCDOT concludes that the proposed projects Biological Conclusion for Virginia spiraea is "May Affect, Not Likely to Adversely Affect". This Biological Conclusion was issued because the plant is known to exist in this section of R-2100B and bemuse NC.DOT will avoid disturbing this plant during construction. A Section 7 Field Meeting was scheduled on November 28, 2006 where Avoidance and Minimization strategies were discussed to avoid disturbing the Virginia spiraea site during roadway construction activities. The attendees included Marella Buncick (USFWS), Cheryl Gregory (NCDOT-VEU), Deanna Riffcy (NCDOT-NEU), Mike Penney (NCDOT-PDEA), Doug Tavlor (NCDOT-RDU), Chris Smitherman (NCDOT-RDU), Heath Slaughter (NCDOT-Div. 11), Jason Joyce (NCDOT-Div. 11) and Trent Beaver (NCDOT-Div. I I)- At this meeting, a plan was discussed to GPS all of the Virginia spiraea and conduct a plant count to identify the exact locations and, as a result, completely avoid all plants during construction. Ms- Buncick indicated that if this were done, an Avoidance and Minimization letter would suffice in lieu of writing a complete Biological Assessment. Ms. Buncick requested that project commitments be developed to avoid the population (see below), including revised plans to show this avoidance (see attached plans). MAILING ADDRESS: NC DFPARTMSNT OF TRANSFQi ATiON PROJECT 0FVFL0PMENTA,,n EIW) ONW.IAL A.1L 1C 1ti96 MAIL SFRVJC[ C6N R Ra-EiGN NC 2TG94-1596 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TELEPN NF' 918-715.1335 FAX: 419-71C,55o1 WE65rrEl WWWDOH.DOT.STATE.NC.US LOCATION 7728 CAR TAL BLVD Sm rF 940 FA FGM NC 27604 ) t,*d £689££L6T6:01 TOSS STL 6T6 'InN3 1t1N d0 330 100:w0J3 9t,:bT 6002-02-ddy S 'd SGNH-lI3N-0MG:3WHN 2689££L6T6:d31 TS:8T 3f11 0002-TT-NHf The following are commitments developed during project. development and design, which are specific to the Virginia spiracapopulation. Roadside Environmental/Division 11 NCDOT will use safety fence (forest protection fencing) to protect the existing population of Virginia Spiraea during construction. The above referenced fencing may be anv high visibility fence, This environmental commitment will he implemented during construction of the project. HydraulicsfDivision I I NCDOT will stub the existing corrugated metal drainage pipe and leave in place as to not disturb the Spiraea population. The proposed reinforced concrete pipe in the area of the population will be skewed to avoid disturbing the Spiraea population. The existing corrugated metal drainage pipe will he plugged not stubbed. The proposed drainage spslem will be directed during the design to avoid the Spiraea. This environmental commitment will be implemented during construction of the project, . Division 11 NCDOT will state in the special provisions of the contract documents that this area of the Spiraea population is a highly sensitive area and shall be avoided at all times during construction. This environmental commitment will be included in the construction plans and implemented during construction of the project. SURVEY METHODOLOGY A survey was completed on June 20, 2007 by NCDOT biologists Cheryl Gregory, Deanna Itiffey, Mike Sanderson and Heather Renningea. Each plant clump was counted and G.PS points were collected around the plant population boundary. A clump was defined pre- survey as an arrangement of stems around a central point, or centroid, encompassing all stems within a six inch radius of the centroid. The results of the tally count indicated 387 clumps existed at this roadside population The southern most side of the population was the only area that was in flower as it is in full sun, the rest of the population is quite shaded and did not contain flowering plants. Surveys for populations of Virginia spiraca were conducted along the streambanks of the South Fork of the New River along NC 16. The survey design consisted of three parallel transects through the known population. Each transecl was situated parallel to the river and transects were walked from north to south (see diagram). One transect was positioned at the top of the slope, one in the middle, one along side the stream bank and one surveyor walked inside the stream to scout approximately 300 feet downstream and 100 feet upstream for additional plants. The survey area is defined as the known Virginia spiraea population EO 19. Dominant species found included silky dogwood (Cornus amomum), poison ivy (Toxcodendrat radicans), ninebark (Physocarpus opulifolius) and multiflora rose (Rosa multiflora). A total of 6.0 person-hours were spent conducting the survey. Virginia spirnea: Avoidance & Minimization 2 1C-21 DOB z'S'd £689££L6T6 ?l TOSS STL 6TG 'InN3 1HN 3S dd0 10G:w0-'d %:t?T 6002-02-ddH 9 'd SONH-113M-0P1G:3WUN £689££L6T6:-131 TS:8T 3n1 0002-TT-NUf QUALIFICATIONS OF PRINCIPAL INVESTIGATORS Investigator' Cheryl Gregory Education: B.S. Natural Resource Management & Ecology, Colorado State University Experience: Environmental Specialist, NCDOT, Raleigh, NC, December 2003 to present Ficid Tech, GeoSonics, Inc., Raleigh, NC September to December 2003 Expertise: Biotic community mapping and assessment, Section 404/401 permitting, Section 7 field investigations, wetland delineation, and technical report writing. Investigator: Deanna Riffey Education: B.S. Biology, University of Tennessee M.S. Enviroaunental Health Science, East Tennessee State University Experience: Environmental Supervisor, NCDOT, Raleigh, NC, 6/05 to Present. Environmental Specialist, NCDOT, Raleigh, NC, 10/03 to 6/05. Environmental & Safety Compliance Officer, City of Bristol, VA, 9/96 to 10/03. Expertise: Natural resource investigations; Section 7 field investigations; protected species (terrestrial/aquatic) surveys, Section 404/401 permitting, technical report writing, and wetland delineation. Investigator: Michael Sanderson Education: B.S. Fisheries and Wildlife Science, North Carolina State University Experience: Environmental Specialist, NCDOT April 2004- present Wildlife Research Biologist, Down to Earth Environmental, February - June, 2003 Wildlife Research Technician, NC Cooperative Fish and Wildlife Research unit, 1991- 1999 Biological Science Technician (Wildlife), US Fish and Wildlife Service. 1995-1997 Expertise: Bird surveys, behavioral analysis, habitat use/evaluation, Section 7 field investigations, protected species (terrestrial/aquatic) surveys, Wetland delineation, Scuba Certified. Investigator: Heather Renninger Education' B.S. Ecology/Environmental Biology, Appalachian State University Experience: Environmental Specialist, NCDOT, February 2007- present Environmental Biologist, H.W. Lochner, Inc., 2003-2007 1iologist, Earth Tech, Inc., 2000-2003 Expertise: Section 7 field investigations and documentation, benthic macroinvertebrate collection, 401/404 permitting, protected species (terrestrial/aquatic) surveys, NEPA documentation, wetland delineation, stream restoration, invasive species, avian ecology and behavior. Virginiaspiraca: Avoidance & Mioiatizatioo 3 K-2100B 2-19'd £699££26T6:01 TOSS STL 6T6 'InN3 1UN d0 dd0 100:w0-'d 9t,:t%T 6002-02-NdH L 'd SONd-U3M-0M0:3WUN 26B9££16T6:-131 TS:eT 3ni 0002-TT-Ndf The NCDOT concludes that the appropriate Biological Conclusion for Virginia spiraca is "May Effect, Not Likely to Adversely Affect". We believe that the requirements of Section 7(a)(2) of the ESA have been satisfied and hereby request your concurrence for this Biological Conclusion. Please contact Cheryl Gregory at (919) 715-1489 if you have any questions concerning this request. S7SSHalTis, III )n, PE. Manager, Natural Environment Unit cc; Michael Penney, P.E., Contract Management Group, PDEA, NCDU'1- Deanna Riffey, Environmental Specialist, Project Management Group, NEU, NCDOT File: R-2100B Virginia spiraen: Avoidance & Minunizatiori 4 R-210013 L,L'd £699££LGT6:01 TOSS ST)- 6T6 'IONS 1tiN d6 dd0 1CO:wca d 9t7:t'T 6002-02-Ndd