HomeMy WebLinkAbout20190195 Ver 1_B-4516 FINAL info to USFWS_20190212,- .s5[�TFo.. .
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STATE OF NORTH CAROLINA
DEPARTN�NT OF TRANSPORTATION
ROY COOPER
GOVERNOR
February 12, 2019
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726
SUBJECTS: Information regarding construction Bridge No. 340052 on SR 1433 (Person
Road) over Sandy Creek in Franklin County; TIP No.: B-4516; WBS Number
38400.1.FD2
REFERENCE: Freshwater Mussel Survey Report (report dated May 7, 2018)
FINAL Stream/Wetland Permit Drawing
Dear Sir:
The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge
340052 on SR 1433 (Person Road) over Sandy Creek in Franklin County. The Final
Streaxn/Wetland permit drawing set is attached to this email. The existing bridge is being placed
on existing alignment. Note the following for Bridge 900056:
JAMES H. TROGDON, III
SECRETARY
-The existing structure is a seven-span (1 @ 18.1', 1@ 16.8', 1 34.6', 1@ 17.2', 1@ 16.7',
1@ 17.3', 1@ 17.6') bridge. Note that of the layout of this existing structure is provided
below:
Mailing Address.•
NC DEPARTMENT OF TRANSPORTATION
DIVISION 5 OFFICE
2612 NORTH DUKE STREET
DURHAM, NC 27704
Telephone.• (919) 220-4600
Fax: (919) 560-3371
Customer Service.• 1-877-368-4968
Location:
2612 NORTH DUKE STREET
DURHAM, NC 27704
Website: www.ncdot.gov
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-The proposed structure is a 1@ 100 ft, 1@ 50 ft, 33 in box beam with 4 ft caps on existing
alignment. Note that the new structure will completely span Sandy Creek with the drilled shaft
pile located about 10 feet above the water's edge along the north streambank. See below sketch:
CE TO ELEV=245.D' � 1 � �U L!
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II RIP RAP (TYP) � feet above water's edge. —Z41.0'
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Note the FINAL ENVIRONMENTAL COMMITMENTS FOR THIS BRIDGE:
"Design Standards in Sensitive Watersheds "[I SA NCAC 04B. 0124 (b) —(e)J 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.
-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.
The following are additional measures intended to further reduce deleterious
construction related effects to the waterway:
Best Management Practices for bridge Demolition and Removal will be implemented
during the removal of the existing bridge.
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. This will be followed by removal of the
decking, girders, etc. The contractor will then completely remove the existing
abutments. Additional Class II rip rap will be installed on both streambanks to
supplement the existing Class II rip rap.
The contractor will install turbidity curtains in Sandy Creek during removal of the
timber piles. An attempt will be made to completely remove the existing timber and
steel piles; however, if this cannot be accomplished with minimal substrate
disturbance, the piles will be pinched off one foot below the mud line or cut flush with
existing mud line as directed by the engineer. The contractor will not be allowed to
drag removed timber piles on or across the streambed.
No equipment or components will be placed/staged in Sandy Creek unless noted in these
commitments.
A new two-span bridge (1 @ 100 ft, 1@ 50 ft box beam bridge with 4 ft caps) will be
constructed at the site that completely spans Sandy Creek.
Deck drains will not be allowed to discharge directly into the stream.
Special sediment control fence NCDOT Standard No. 1606.01 or a combination of
special sediment control fence and standard silt fence will be installed between the top
of the stream bank and bridge embankment. Once the disturbed areas of the project
draining to these areas have been stabilized, the special sediment control fence and/or
standard silt fence and all built up sediment adjacent to these devices will be removed
to natural ground and stabilized with appropriate seed mix. Native grass mix will be
used on the floodplain.
All sedimentation and erosion control measures, throughout the project limits,
will be cleaned out as appropriate to ensure proper function of the measures.
Coir fiber matting will be installed on the footprint of unclassified structure
excavation near the streambanks.
Embankment construction and grading shall be managed in such a manner as to prevent
surface runoff/drainage from discharging untreated into the riparian buffer. Instead all
interim surfaces will be graded to drain to temporary erosion control devices.
Temparary berms, ditches, etc. will be incorporated, as necessary, to treat temporary
runoff before discharging into the riparian buffer (as specified in the NCDOT BMP
Manual).
The contractor will provide at least three weeks notification to the Resident Engineer
and Division Environmental Officer concerning start of work at the bridge to allow the
Department to contact the North Carolina Wildlife Resource Commission (NCWRC).
NCWRC staff may move aquatic species out of the work area prior to construction
activity.
Utility installation will occur on the east side of SR 1433 at this project. This will
include the following: 1) Trenching of underground telecommunication cables on high
ground (i.e. non jurisdictional areas) and 2) Installation of new overhead
telecommunication cables on new poles just outside of the 50-foot riparian buffer.
Some tree clearing may be done under and adjacent to the new overhead
telecommunication cables; however, there will be no grubbing of trees located along
Sandy Creek.
Mussel Survev
At the survey location, Sandy Creek is a shallow stream with a run flow type. The
substrate was a mix of silt, sand, clay and gravel. Sand was the dominant substrate in
survey area. Some erosion/undercutting of the stream bank existed at the time of the
survey. Evidence of beaver activity in the form of gnawed sticks was noted at the time of
the survey. A wide forested buffer is present along the survey location with an
intermediate woodland extent.
A mussel survey was conducted in association with this project by RK&K personnel Neil
Medlin (Permit # 17-ES00030) and Hal Bain on March 20, 2017. Matt Haney (NCDOT)
also participated in this survey.
The mussel survey was conducted from approximately 400 meters downstream of the
bridge crossing to approximately 100 meters upstream of the crossing for a total of
approximately 500 meters. Areas of appropriate habitat were searched, concentrating on
the stable habitats preferred by the target species. Visual surveys were conducted using
glass bottom view buckets (bathyscopes) 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 five person-hours of survey time was spent in the survey location, with one
freshwater mussel species and one species of clam observed. No Dwarf wedgemussel, Tar
River spinymussel, Atlantic pigtoe or Yellow lance were observed during the survey.
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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
Franklin Bridge 52. 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 March 20, 2017 provides a BC of
May Affect, Not Likely to Adversely Affect 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 March 20, 2017 provides a BC of
May Affect, Not Likely to Adversely Affect 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 March 20, 2017 provides a BC of May Affect,
Not Likely to Adversely Affect for this species.
Atlantic pigtoe (currently listed as Proposed): The Atlantic pigtoe was not collected
during the Marcy 20, 2017 survey. However, it has been identified at the bridge site in
the recent past (based on NHP data explorer information indicating EO Identification
number 18739). The Department proposes at this time to follow proiect
commitments outlined in the mussel PBO (see above information). The proiect
currentiv has a let date of June 27, 2019. Accordinglv, we hope that in-stream
construction activities will be completed prior to the likelv listin� of the Atlantic
pigtoe as Threatened (not to occur prior to October 11, 2019).
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Northern Lon�-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, ar 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.
Michaux's sumac
A plant by plant survey lasting one man hour was conducted on July 17, 2017. No
individuals were observed during the survey. A Biological Conclusion of No Effect is
proposed for this species.
NCDOT believes that the requirements of Section 7(a) (2) of the Endan�ered
Species Act (ESA) have been satisfied. Thank you for your assistance with this project.
If you have any questions or need additional information, please contact me at (919) 220-
4633 or cmurray@ncdot.gov.
Sincerely,
Christopher A. Murray, PWS
NCDOT Division 5 Environmental Supervisor