20190177 Ver 1_B-4828 FINAL USFWS concurrence request_20190209

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STATE OF NORTH CAROLINA
DEPARTN�NT OF TRANSPORTATION
ROY COOPER
GOVERNOR
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726
February 9, 2019
JAMES H. TROGDON, III
SECRETARY
SUBJECTS: Request for concurrence for Atlantic pigtoe at Bridge No. 900056 on SR 1526
(Weldons Mill Road) over Sandy Creek in Vance County; TIP No.: B-4828;
WBS Number 38598.1.2
REFERENCE: Freshwater Mussel Survey Report (including maps)
FINAL Stream/Wetland Permit Drawing
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge
No. 900056 on SR 1526 (Weldons Mill Road) over Sandy Creek in Vance County. The Final
Stream/Wetland permit drawing set is attached to this email. The existing bridge is being placed
on new alignment to the east of SR 1526 (Weldons Mill Road) to provide for an improved
roadway alignment. Note the following for Bridge 900056:
-The existing structure is a 2@ 40.3 ft timer floor on steel girders with timber caps and piles.
Note that in-stream interior piles are located on a concrete sill. A temporary causeway will be
installed to provide access for equipment to completely remove the sill.
-The proposed structure is a 1@ 80 ft, 1@ 45 ft, 33 in box beam with 4 ft caps on new
alignment to the east of SR 1526 (Weldons Mill Road). A temporary causeway will be installed
to provide access to install the in-stream interior drilled shaft piles.
-Removal of the interior existing concrete sill will be conducted in a dewatered situation.
-Class II rip rap will be installed along both streambanks through most of the project to provide
permanent stabilization.
The following environmental commitments are made for this project:
1. Design Standards in Sensitive Watersheds" [15A NCAC 04B.0124 (b) —(e)] are
incorporated into NCDOT projects that occur within or upstream of water bodies that
contain federally protected aquatic species. Within the Environmentally Sensitive Areas,
the following shall apply:
-The contractor may perform clearing operations but not grubbing operation until
immediately prior to beginning grading operations.
Mailing Address.•
NC DEPARTMENT OF TRANSPORTATION
DIVISION 5 OFFICE
2612 NORTH DUKE STREET
DURHAM, NC 27704
Telephone.• [phone]
Fax: [phone]
Customer Service.• 1-877-368-4968
Website: www.ncdot.gov
Location:
2612 NORTH DUKE STREET
DURHAM, NC 27704

-Once grading operations begin in the ESA, work shall progress in a continuous
manner until complete.
-Erosion control devices shall be installed immediately following the clearing
operation.
-Seeding mulching shall be performed on the areas disturbed by construction
immediately following final grade establishment.
-Seeding mulching shall be done in stages on cut and fill slopes that are greater
than 20 feet in height measure along the slope or greater than two acres in area,
whichever is less.
2. A new roadway and bridge will be constructed on new location to the east. Traffic
will be maintained on the existing roadway and bridge until completion of the new
structure. The existing roadbed and bridge will be removed by the contractor and
properly stabilized
3. Best Management Practices for bridge Demolition and Removal will be implemented
during the removal of the existing bridge.
4. The bridge will be removed from the top down, first removing the asphalt with
containment measures in place to prevent components of the bridge deck from dropping
into the stream. The method of containment will be proposed by the contractor and
approved by the engineer.
5. The contractor will install turbidity curtains in Sandy Creek if water depth is suitable
for the device.
Mussel Survev
Sandy Creek at the crossing is approximately 10.0 meters wide. The substrate was a mix
of silt, sand, clay and gravel. Sand was the dominant substrate in survey area with silt as
the subdominant. The maximum depth in the area surveyed was 2.0 meters with a
minimum depth of 0.2 meter. Some erosion/undercutting of the stream bank existed at
the time of the survey. Evidence of beaver activity in the form of gnawed sticks and a
lodge was noted at the time of the survey. While there was some rural land nearby,
overall the stream had a moderate buffer throughout the reach surveyed.
A mussel survey was conducted in association with this project by RK&K personnel Neil
Medlin (Permit # 16-ES00030) and Hal Bain on July 31, 2017. Matt Haney (NCDOT)
also participated in this survey. The survey was conducted from approximately 400
meters downstream of the bridge crossing to approximately 100 meters upstream of the
crossing for approximately 500 meters. Areas of appropriate habitat were searched,
concentrating on the stable habitats preferred by the target species. Visual surveys were
conducted by view bucket along with tactile methods that were employed where
appropriate. All freshwater bivalves were recorded and returned to the substrate. Timed
survey efforts typically provide Catch Per Unit Effort (CPUE) data for each species.

A total of 4.5 person hours of survey time were spent in the survey location, with two
freshwater mussel species observed. The survey also documented one species of
freshwater clam. No Dwarf wedgemussel, Tar River spinymussel, Atlantic pigtoe or
Yellow lance were observed during the survey.
Table 1. CPUE for Freshwater Mussels in
Scientific Name
Freshwater Mussels
lliptio complanata
Utterbackia imbecillis
Freshwater Clams
Corbicula fluminea
*Patchy/Common
idy Creek
Name # live
liptio 120
Pondshell
an Clam
0
#shells
25
CPUE
CPUE
26.7/hr.
0.67/hr
Relative
Abundance
P/C *
The Department proposes to use the results of the mussel survey and Programmatic
Biological Opinion for Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern
North Carolina, Divisions 1-8 (June 13, 2018) to resolve mussel issues for the replacement of
Vance Bridge 56. The following Biological Conclusions are proposed:
Dwarf wedgemussel: Use of the Programmatic Biological Opinion for Bridge and
Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, NCDOT
Divisions 1-8 (June 13, 2018) and a mussel survey on July 31, 2017 provides a BC of No
Effect for this species.
Tar River spinymussel: Use of the Programmatic Biological Opinion for Bridge and
Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, NCDOT
Divisions 1-8 (June 13, 2018) and a mussel survey on July 31, 2017 provides a BC of No
Effect for this species.
Yellow lance: Use of the Programmatic Biological Opinion for Bridge and Culvert
Replacements/Repairs/Rehabilitations in Eastern North Carolina, NCDOT Divisions 1-8
(June 13, 2018) and a mussel survey on July 31, 2017 provides a BC of May Affect, Not
Likely to Adversely Affect for this species.
Atlantic pigtoe (currently listed as Proposed): Atlantic pigtoe has been collected
approximately 2.4 river miles downstream on Sandy Creek (June 23, 2016 by unidentified
person). However, the mussel survey conducted on July 31, 2017 at the site and within
the survey footprint did not result in any observation of this species. A Biological
Conclusion of May Affect, Not Likely to Adversely Affect is proposed for this species
due to distance to known downstream population and location of dam along Southerlands
Pond that likely restricts movement of the Atlantic pigtoe up to the project site.
The Department requests concurrence for the Biological Conclusion for Atlantic
pigtoe at Vance County Bridge 56.

Northern Long-eared Bat
The NLEB was listed as "Threatened" by the USFWS on Ari12, 2015. The rules of this
listing became effective on May 4, 2015. For NCDOT, this affects projects with a federal
nexus. The term "federal nexus" applies when an NCDOT project involves federal
funding, federal permit or approval (such as a 404), use of federal lands, or a federal
program. The existence of a federal nexus often triggers the need for federal approvals
under certain statutes, including NEPA, Section 106 of the National Historic Preservation
Act, and the Endangered Species Act. Construction of this project will require a
Nationwide Permit 3 from the USACE. Accordingly, there is a federal nexus for this
proj ect.
For Eastern NC (including Division 5), NCDOT has entered into a programmatic
agreement with the USFWS with a Biological Conclusion of "May Affect, Likely to
Adversely Affect." This agreement involves a research and tracking program to establish
conclusive information concerning the existence of the NLEB in this part of NC.
Through the agreement, the Department will be provided incidental take coverage and as
a result no clearing or bridge demolition moratoriums will be required at this time.
NCDOT Division 5 staff will report all required tree clearing for this project on the
Biological Surveys project in the Sharepoint database.
NCDOT believes that the requirements of Section 7(a) (2) of the Endan�ered
Species Act (ESA) have been satisfied and herebv request vour concurrence for
Atlantic pigtoe at Vance Countv Bridge 56. Thank you for your assistance with this
project. If you have any questions or need additional information, please contact me at
[phone] or [e-mail].
Sincerely,
Christopher A. Murray, PWS
NCDOT Division 5 Environmental Supervisor