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Home My WebLink About20190011 Ver 1_MilltailRoad Project Sec7_tpa_20190102O�P�4MENT 03Ty /2i " � O � � , , �',��;;� �� M��ch 3. ��4 United States Department of the Interior FISH AND WILDLIFE SERVICE Alligator River National Wildlife Refuge Pea Island National Wildlife Refuge Post Office Box 1969 Manteo, North Carolina 27954 (252)473-1131 473-1668(fax) December 15, 2017 U.S. Fish and Wildlife Service Raleigh Field Office, Ecological Services P.O. Box 33726 Raleigh, NC 27636-3726 Dear Pete Benjamin: Enclosed is an Intra-Service Section 7 regarding a Federal Highways construction project to make improvements to Milltail Road and Milltail Bridge on Alligator River National Wildlife Refuge. The project is in the planning and permitting stages now. A contract will likely be awarded in Fa112018 with construction to begin in early 2019. Please review and provide any comments for concurrence with Section 7 of the Endangered Species Act. If you have any questions, please contact me at 252-473-1132 ext. 239. Thank you. Sincerely, k��a� Kelley H. Van Druten Assistant Refuge Manager cc: Scott Lanier, Deputy Project Leader Rebecca Harrison, Supervisory Wildlife Biologist REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM Originating Person: Kelley Van Druten, Assistant Refuge Manager Telephone Number: (252) 473-1132 x 239 E-Mail: kelley_vandruten(a�fws.gov Date: December 7. 2017 PROJECT NAME (Grant Title/Number): Project FW-ALRI 10�) Milltail Bridge and Road Improvements on Alli�ator River National Wildlife Refu�e I. Service Program: Ecological Services Federal Aid Clean Vessel Act Coastal Wetlands Endangered Species Section 6 Partners for Fish and Wildlife _Sport Fish Restoration Wildlife Restoration Fisheries X Refuges/Wildlife II. State/Agency: North Carolina/ U.S. Fish & Wildlife Service III. Station Name: Alligator River National Wildlife Refu� IV. Description of Proposed Action (attach additional pages as needed): Alligator River National Wildlife Refuge (NWR) is working on a project with the U.S. Department of Transportation Federal Highway Administration, Eastern Federal Lands Highway Division to raise the profile of Milltail Road to accommodate for sea level rise and for overtopping of the roadway during storm events along 0.64 miles of roadway. The project will include repairs to Milltail Bridge — repair eXposed reinforcing steel with epoXy paint, clean and reseal expansion/relief joints, and fill the void under the north abutment cap with flowable fill. Funding comes from the U.S. Fish and Wildlife Service's (Service) Regional FLTP Multi-year Program. These improvements will ensure safe travel on Milltail Road and Milltail Bridge during and after high rain and wind events. Anticipated project benefits will be improved access to the southern portion of the refuge for both refuge operations (wildfire control and water management), partners, and visitors. The boat launch on the south side of the Milltail Bridge is a popular spot for canoe and kayakers. Milltail Road also serves as an important entry point to the NC Wildlife Resources Commission Gamelands on the Dare County Bombing Range (DCBR) and an alternative entry way for personnel to the U.S. Navy target area on the DCBR. The project calls for adding approximately 6 inches of aggregate to the road surface. Soil disturbing activities will mainly include clearing and grubbing. The total disturbed area for the project will be approximately 1.25 acres. Temporary Best Management Practices to reduce erosion as a result of project work will be implemented in conjunction with construction and will follow measures outlined in the Standard Specification for Construction of Roads and Bridges on Federal Highway Projects, FP-14. A Construction General Permit will be secured from the North Carolina Division of Water Quality before construction begins. The width of the travel lane will be narrowed to 12 feet while still allowing for enough width to allow tractor trailers to safely make the road turns. Narrowing the existing travellane in conjunction with the raising the road surface will lessen the impact to wetlands. Fill will be kept out of the canal running along the easterly side of Milltail Road, but may extend into the wet road shoulders on either side of the road. Grasses and herbaceous wetland plants on the road shoulders would be impacted. No shrubs or trees are expected to be impacted unless a snag is taken down to eliminate a safety hazard to workers. Federal Highways is preparing a wetland survey to estimate the amount of wetlands that could be impacted by fill and will work with the Service to ensure that any loss of wetlands is properly mitigated. A cross section of the proposed road work from the 30% plans showing potential impacts to the road shoulders is attached. For the duration of the project, Milltail Road will be closed to non-project personnel from Sandy Ridge Road to Navy Shell Road. Having the road closed will allow the road contractor to stage equipment and stockpile aggregate on Milltail Road. An office trailer will be set up in the fenced area at the East Lake Maintenance Shop where the contractor can have ready access to utilities. V. Pertinent Species and Habitat: A. Include species/habitat occurrence map: Details about the location of each species has been explained in Section VI, E in place of a map. B. Complete the following table: SPECIES/CRITICAL HABITAT STATUSI American alligator (Alligator mississippiensis) TSA Bald eagle (Haliaeetus leucocephalus) BGPA Green sea turtle (Chelonia mydas) T Hawksbill sea turtle (Eretmochelys imbricate) E Indiana bat (Myotis Sodalis) E Kemp's ridley sea turtle (Lepidochelys kempii) E Leatherback sea turtle (Dermochelys coriacea) E Loggerhead sea turtle (Caretta caretta) T Northern Long-eared Bat (Myotis septentrionalis) T Piping plover (Charadrius melodus) T Red-cockaded woodpecker (Picoides borealis) E 2 Red wolf (Canis rufus) Exp Roseate Tern (Sterna dougalli) T Rufa Red Knot (Calidris canutus r�ufa) T Seabeach amaranth (Amaranthus pumilus) T Sensitive joint vetch (Aeschynomene virginica) T West Indian Manatee (Trichechus manatus) E 'STATUS: E=endangered, T=threatened, PE=proposed endangered, PT=proposed threatened, CH=critical habitat, PCH=proposed critical habitat, C=candidate species, TSA=threatened by similarity of appearance VI. Location (attach map): A. Ecoregion Number and Name: Roanoke-Tar-Neuse-Cape Fear No. 34 B. County and State: Dare County, North Carolina C. Section, township and range (or latitude and longitude): 35.796490°, -75.884159° D. Distance (miles) and direction to nearest town: Manns Harbor, NC 12 miles E E. Species/habitat occurrence: American alligator — Found in Dare and Hyde Counities and in the freshwater systems on Alligator River NWR. They are only occasionally observed near Milltail Bridge. Bald eagle - Found in Dare and Hyde Counties and on Alligator River NWR; however there is no documented nesting on the refuge. Green sea turtle — Found in Dare and Hyde Counties but not documented on the refuge. Hawksbill sea turtle - Found in Dare and Hyde Counties but not documented on the refuge. Indiana bat — Not documented on the refuge or in Dare and Hyde Counties, but its presence east of Interstate 95 is likely. Kemp's ridley sea turtle - Found in Dare and Hyde Counties but not documented on the refuge. Leatherback sea turtle - Found in Dare and Hyde Counties but not documented on the refuge. Loggerhead sea turtle- Found in Dare and Hyde Counties but not documented on the refuge. Northern long-eared bat (NLEB) — Found in Dare and Hyde Counties, but little is known about when or where they are present on the refuge. A research project presently doing mist netting for bats has captured NLEBs on Milltail Road just north of where the road improvement project will begin though most captures were near the Sandy Ridge Red Wolf facilities. Researchers have tracked the bats captures on Milltail Road to roost trees well off the road and out of the construction area. Piping Plover - Found in Dare and Hyde Counties but not documented on the refuge. Red knot (Rufa) - Found in Dare and Hyde Counties. Will use the farming units on Alligator River NWR. Red-cockaded woodpeckers — Found in Dare and Hyde Counties. They have been observed on the refuge, but all known clusters are on the southern end of the Albemarle Peninsula. Red wolf — Found in Dare and Hyde Counties and known to use the Alligator River NWR Farm Units north of the project area. This is an experimental population established and monitored on the refuge. Roseate tern - Found in Dare and Hyde Counties but not documented on the refuge. Seabeach amaranth - Found in Dare and Hyde Counties but not documented on the refuge. Sensitive joint-vetch — Found in Hyde County, but the species has not been documented on the refuge or within Dare County. West Indian Manatee - Found in Dare and Hyde Counties but not documented on the refuge. VII. Determination of Effects: A. Explanation of the effects of the action on species and critical habitats in item V.B. (attach additional pages as needed): SPECIES/ CRITICAL HABITAT IMPACT TO SPECIES/CRITICAL HABITAT American alligator Noise/disturbance by equipment and operators. Not likely to adversely affect species or critical habitat. Bald Eagle Not likely to adversely affect species or critical habitat. Green sea turtle Not in project area. Not likely to adversely affect species or critical habitat. Hawksbill sea turtle Not in project area. Not likely to adversely affect species or critical habitat. Indiana bat Noise/disturbance by equipment and operators. Not likely to adversely affect species or critical habitat. Kemp's ridley sea turtle Not in project area. Not likely to adversely affect species or critical habitat. � Leatherback sea turtle Not in project area. Not likely to adversely affect species or critical habitat. Loggerhead sea turtle Not in project area. Not likely to adversely affect species or critical habitat. Northern Long-eared Bat Noise/disturbance by equipment and operators. Not likely to adversely affect species or critical habitat. Piping plover Not in project area. Not likely to adversely affect species or critical habitat. Red-cockaded woodpecker Not in project area. Not likely to adversely affect species or critical habitat. Red wolf Not in project area. Not likely to adversely affect species or critical habitat. Roseate Tern Not in project area. Not likely to adversely affect species or critical habitat. Rufa Red Knot Not in project area. Not likely to adversely affect species or critical habitat. Seabeach amaranth Not in project area. Not likely to adversely affect species or critical habitat. Sensitive joint vetch Not in project area. Not likely to adversely affect species or critical habitat. West Indian Manatee Not in project area. Not likely to adversely affect species or critical habitat. B. Explanation of actions to be implemented to reduce adverse effects: SPECIES/CRITICAL ACTIONS TO MITIGATE/MINIMIZE HABITAT HABITAT American alligator If one is spotted near the bridge, work will be suspended until the alligator moves a safe distance away. Bald Eagle Noise/disturbance of people and equipment will likely keep eagles away from the project area. Green sea turtle Not found on Alligator River. Hawksbill sea turtle Not found on Alligator River. ES biologists will be consulted during the life of the project to Indiana bat determine if any new information has been discovered on bat use on the refuge. Project work hours or activities will be modified if necessary to prevent or minimize impacts. Kemp's ridley sea turtle Not found on Alligator River. Leatherback sea turtle Not found on Alligator River. Loggerhead sea turtle Not found on Alligator River. ES biologists will be consulted during the life of the project to Northern Long-eared bat determine if any new information has been discovered on bat use on the refuge. Project work hours or activities will be modified if necessary to prevent or minimize impacts. No recorded sightings on Alligator River NWR during monthly Piping plover bird surveys; however, human disturbance on project activities should serve to minimize any impacts. Red-cockaded woodpecker Not known to occur in project area. Red wolf Coordination with Red Wolf Program to prevent impacts. Roseate Tern No records on Alligator River; however, human disturbance should serve to minimize any impacts. No recorded sightings on Alligator River NWR during monthly Rufa Red Knot bird surveys; however, human disturbance should serve to minimize any impacts. Seabeach amaranth Not found on Alligator River. Sensitive joint vetch Not found on Alligator River. Not found on Alligator River. If one is spotted near the bridge, West Indian manatee work will be suspended until the manatee moves a safe distance away. VIII. Effect Determination and Response Requested: Determination 1 SPECIES/CRITICAL HABITAT Response requested NE NA AA American alligator (Alligator mississippiensis) X Concurrence Bald Eagle (Haliaeetus leucocephalus) X Concurrence Green sea turtle (Chelonia mydas) X Concurrence Hawksbill sea turtle (Eretmochelys imbricate) X Concurrence Indiana bat (Myotis Sodalis) X Concurrence Kemp's ridley sea turtle (Lepidochelys kempii) X Concurrence Leatherback sea turtle (Dermochelys coriacea) X Concurrence Loggerhead sea turtle (Caretta caretta) X Concurrence Northern Long-eared Bat (Myotis septentrionalis) X Concurrence Piping plover (Charadrius melodus) X Concurrence Red-cockaded woodpecker (Picoides borealis) X Concurrence Red wolf (Canis rufus) X Concurrence Roseate Tern (Sterna dougalli) X Concurrence Rufa Red Knot (CalidNis canutus rufa) X Concurrence Seabeach amaranth (Ainaranthus pumilus) X Concurrence Sensitive joint vetch (Aeschynomene virginica) X Concurrence West Indian Manatee (Trichechus manatus) X Concurrence ' ll�;1 �;1tM1NA'1'1UN/K�SYUNS� REQUES7�Ell: NE = no effect. This determination is appropriate when the proposed action will not directly, indirectly or cumulatively impact, either positively or negatively, any listed, proposed, candidate species or designated/proposed critical habitat. Response Requested is optional but a Concurrence is recommended for a complete Administrative Record. NA= not likely to adversely affect. This determination is appropriate when the proposed action is not likely to adversely impact any listed, proposed, candidate species or designated/proposed critical habitat or there may be beneficial effects to these resources. Response Requested is a Concurrence. AA=likely to adversely affect. This determination is appropriate when the proposed action is likely to adversely impact any listed, proposed, candidate species or designated/proposed critical habitat. Response Requested for listed species is a Formal Consultation. Response Requested for proposed or candidate species is a Conference. / -`� � � � ...� ........ _ � ` � 12/15/17 Si ature (originating station) Date Assistant Refuge Mana�er Title 7 IX. Reviewing Ecological Services Office Evaluation: A. Concurrence X Nonconcurrence B. Formal consultation required C. Conference required D. Informal conference required E. Remarks (attach additional pages as needed): Thanks for the opportunity to review this. We concur with two comments just FYI: 1) You don't need to include Indiana bat is on this list. We have no evidence of this species occurring outside of the mountain region of NC. 2) Several of the biological conclusions could easily have been a"No Effect". A no effect determination is appropriate when the proposed action will not directly, indirectly or cumulatively impact, either positively or negatively the species or critical habitat. So, for example when you note sea turtles and plovers as species not known from the action area and then considering the small size of the action and the limited environmental impacts in this case, a no effect call is appropriate. THOMAS Digitally signed by THOMAS AUGSPURGER AUGSPURGER Date:2018.01.1713:06:56-OS'oo' Signature Deputy Field Supervisar Title 01-17-2018 Date Raleigh ES Office : Figure 1. Project Location Map - � ,, � �� ,, ; i ;i r � �� i � � �� + F ;li � � � � { �� : � m c � a�� '� �'',, � � ; i , { �� . � _ v � � � ��___ �� L�,'' �C I �� I � '"�`� I � t {J�� ---�� `� �+ � ai �� /' , ,',k ! � � �4 e _ F_•-- I I� r� 5 f� , � � ��. � F � �n.5 1 �f� � I i i� 5 I� �II� 9 I� 3 � y� l� ti � � } � � � •�dlC�� ;d' � �� _'_---___ 1 --r- _— ti � i� . �� i �' i '' =�— — � ' �c I' .. jj � o l} I 9i:Ur: Rc� � �, � �f � I T-� �I I � C r�* i s � � I � I � — � •�}� q�'4r l�i�G _ _ �'� � _ � �� — 3�£ �� .. 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