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Home My WebLink About20190200 Ver 1_17BP.5.R.72 and 17BP.5.R.87 FINAL USFWS concurrence request_20190213,. ;; simri�; �y �'` w m h�o :� � � qsdt, �� 2 yd, +�,��,m• ��c�5 .��,�',r. �-,,. .. 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 8, 2019 JAMES H. TROGDON, III SECRETARY SUBJECTS: 1. Coniirmation for use of Programmatic Biological Opinion for Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, Divisions 1-8 at Bridge No. 340066 on NC 58 over Shocco Creek in Franklin County; WBS Number: 17BP.S.R.87 2. Request for concurrence at Bridge No. 920009 on NC 58 over Overflow for Shocco Creek in Warren County; WBS Number 17BP.S.R.72 REFERENCE: Freshwater Mussel Survey Report (including maps) DRAFT Stream/Wetland Permit Drawing Dear Sir: The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 340066 on NC 58 over Shocco Creek in Franklin County and Bridge No. 920009 on NC 58 over Overflow for Shocco Creek in Warren County. Draft Stream/Wetland permit drawing sets for both structures are attached to this email. Note the following for each bridge: 17BP.5.R.87 (Franklin Bridge 66) over Shocco Creek -The existing structure is a 1@ 41 ft-7 in reinforced concrete deck on girders with reinforced concrete vertical abutments on pile footings. -The existing concrete vertical abutments are located along the water's edge. -Historic timber piles are present in the stream channel. -The proposed structure is a 1@ 105 ft-0 in and 1@ 25 ft-0 in 39 in box beam that spans Shocco Creek on new alignment to the west of existing NC 58. -Removal of the existing concrete abutments will be conducted in a dewatered situation. -Class II rip rap will be installed along the streambanks to provide permanent stabilization. This action will be conducted in dewatered situation. -The existing roadbed will be removed to natural ground and vegetated with native grass species. -Full environmental commitments including information on removal of the existing structure are attached to this email (see 17BP.S.R.87 Franklin 66 FINAL ENVIRONMENTAL PROJECT COMMITMENTS). 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 Website: www.ncdot.gov Location: 2612 NORTH DUKE STREET DURHAM, NC 27704 See the below screen shot of the new structure: F`.� Si r.�9' 25,A7 ' ni 5'; i 3 r� ^3 G = Lw }.�T' fiTl G = Z�';i,'.• �2.9 S�i ... � �:• �:� �. 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P.S, � TYPE� I I �i _- i TYPE-III �'' �.��Y''�C�r�` . i/ ;�,.^ — '-.,� �Y• �-R •,� -R� �....s '' �R`��.`�N • rA k . ,r;::^� •F`EW�� . .R _� .. _ . . . ..`f � ' " � . .. ` ,� � :=�w�-n� � , �` 7 �� f�� i� E~• r �� y: k ��w... I � � �� • .'•" " ;: �•�: _� n .�er`v�}e�� iY �� y�.k_�. li ��. �� F-�;':X`. :��. ,r�.'��_y �" •:��:.asc k' s� �� r R� s'� � - `a' • � • ` s � s�e'.- �. '� J � � 17BP.S.R.72 (Warren Bridge 9) over Overtlow to Shocco Creek: -The existing structure is a 1@ 22 ft-0 in reinforced concrete slab on reinforced concrete full height abutments. -The proposed structure are 3@ 12 ft-0 in x 9 ft-0 in reinforced concrete box culvert. The culvert is located on new location to the west of existing NC 58 and serves to connect wetland systems on both sides of the relocated NC 58. -The contractor will conduct extensive excavation activities "upstream" and "downstream" of the culvert to facilitate runoff through new roadway and connect these adjacent wetland systems. -Removal of the existing structure and installation of the new structure will be physically removed from adjacent Shocco Creek by distance and use of appropriate erosion control measures following Design Standards in Sensitive Watersheds. -The existing roadbed will be removed to natural ground and vegetated with native grass species. -Full environmental commitments including information on removal of the structure are attached to this email (see 17BP.S.R.72 Warren 9 FINAL ENVIRONMENTAL PROJECT COMMITMENTS). C� J ��t� _�s "' • • i� r �� , .� Y �. +�p� + a t` .. ' `t,�s'�R �s 3 f KR�� - .Ri �� i�� ,. ;: RRr,, �,�.,�,� ��._ � � `.. . �� - �ii � 5 ��, S0. �8a Ia � See the below screen shot of the new structure: � _�� .� N i.i�M . .. . o....!�iii!nli _1 .._.�, . � �� ',�'. , �, .. - . , .ti—�'E' si __. ... .. . ... ... . .__ �� ,. , . e' L� 4 � � � ,. `� .g-t,- 4 , ^�` t'`�~ G � _� r SITE ■� � — ��e�r�� IeOOd� P� � �: �e S1=1H'AIiIT :',; �e,�• u�lo��eo �Ixa� PERMIT ❑RAWING SHEET 7 C]F -0 � `.� v. � ,.�,,, ��.� o�� .:s. .. n.; ,�. ; ��. ' �'�€;�z�°:� ,5�.�.� . ^ � i``, -� � r �t�; ' ++ ^- ��ssz,s�r —: �,"� �S. +' � ,;t'' %r��+---•�.J+•' __��f _ '�71 +I ` -- �--ti__�I �-� - - --- = r�,�'" - 'r, •�;;�;,":; , .�� =— �.Y � f r 71 i M e`� E�`r' . . . ��#' � .3� � J,. } � � � � �. • ,t � � r. � ?, � 'i"•� \ . — SITE 3 y ��:�. ,�'. �� . .r�.,�V �* '�� SRE 3� �i :P�.+� L ` \��Jl Jf \ �.'.�+5•`J• Y4.` �.� � `� �R .. 1_ � ��... �~�� ; k4 :�-�— �J�� { `� '. ... r Yy �'� 1 �. - •0^ z— ARYa£.SEF SnYF 5 An on-site meeting was held on January 26, 2017 with Gary Jordan (USFWS), Travis Wilson (NCWRC), various representatives of the North Carolina Department of Transportation (NCDOT), Stewart Engineering staff and RK&K staff. Mussel Survey findings at Franklin Bridge 66: Shocco Creek at Franklin Bridge 66 is a medium sized stream varying from approximately 9- 13 meters wide with generally a run flow type. The substrate was a mix of silt, sand, clay, cobble, boulder and gravel. Sand was the dominant substrate in survey area with gravel as subdominant. The maximum depth in the area surveyed was 2.5 meters with an average depth of one meter. With a bank height of one meter, there was some erosion/undercutting at the time of the survey. Evidence of beaver activity in the form of gnawed sticks were noted at the time of the survey. A moderate to wide forested buffer is present along the survey location with an extensive woodland extent. During the November 21, 2016 survey at Shocco Creek, 10.0 person hours of survey time was recorded with three freshwater mussel species observed. No Dwarf Wedgemussel, Tar River Spinymussel ar Atlantic Pigtoe were observed during either of the surveys. The November 21, 2016 survey effort included only the most downstream 300 meters of this overall project survey reach. For that effort, visual surveys were conducted using glass bottom view buckets (bathyscopes) along with tactile methods that were employed where appropriate. During the March 30, 2017 survey location, a total of 12.0 person hours of survey time was spent in Shocco Creek, with four freshwater mussel species observed including one Yellow Lance individual. The March 30, 2017 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 by snorkeling, along with tactile methods that were employed where appropriate. The deep run from just above the bridge to �100 meters downstream was surveyed using SCUBA gear. The following table summarizes the CPUE for freshwater mussels at Franklin Bridge 66: Table 1. CPUE for Freshwater Mussels in Shocco Creek at Franklin Bridge 66: Scientific Name Common Name 3-2017 11-2016 CPUE (hr) Freshwater Mussels 3-2017/11-2016 lliptio complanata Eastern Elliptio 1092 1008 91.00/100.8 lliptio fisheriana orthern Lance 42 12 3.50/1.2 lliptio lanceolata Yellow Lance 1 - 0.08/0.0 Villosa constricta otched Rainbow 11 2 0.92/0.2 Freshwater Clams and Snails Relative Abundance Corbicula fluminea sian Clam Abundant+ Abundant+ Campeloma decisum Pointed Campeloma �Rare �Rare limia virginica Piedmont Elimia �Rare �- The Department proposes to use the results of the mussel surveys and Programmatic Biological Opinion for Bridge and Culvert Replacements/Repairs/Rehabilitations in Eastern North Carolina, Divisions 1-8 (June 13, 2018) for the replacement of Franklin Bridge 66. All pertinent project commitments on Page 6 and 7 of the PBO will be adhered to during design and construction of the project. The following Biological Conclusions are proposed for Franklin Bridge 66: Biological Conclusion for Dwarf Wedgemussel: May Affect; Likely to Adversely Affect Biological Conclusion for Tar River Spinymussel: May Affect; Likely to Adversely Affect Biological Conclusion for Yellow Lance: May Affect; Likely to Adversely Affect Biological Conclusion for Atlantic Pigtoe: May Affect; Likely to Adversely Affect Mussel Survey findings at Warren Brid�e 9: Overflow for Shocco Creek at Warren Bridge 9 is described as having a small area of open water under and immediately adjacent to both sides of the bridge surrounded by a bottomland hardwood forest wetland. There is no open jurisdictional surface water at or immediately adjacent to Warren Bridge 9; accordingly, suitable habitat for mussel species does not exist at this bridge. However, suitable habitat for federally protected mussel species is located in the adjacent Shocco Creek. Project commitments for Warrren Bridge 9 are attached to this email (see 17BP.S.R.72 Warren 9 FINAL ENVIRONMENTAL PROJECT COMMITMENTS). The following Biological Conclusions are proposed for Warren Bridge 9: Biological Conclusion for Dwarf Wedgemussel: May Affect; Not Likely to Adversely Affect Biological Conclusion for Tar River Spinymussel: May Affect; Not Likely to Adversely Affect Biological Conclusion for Yellow Lance: May Affect; Not Likely to Adversely Affect Biological Conclusion for Atlantic Pigtoe: May Affect; Not Likely to Adversely Affect The Department requests concurrence for these conclusions at Warren Bridge 9. Michaux's sumac A survey for Michaux's sumac was performed within the project study area on October 27, 2016. Habitat was present within the study area; however, no individuals were observed. Due to the lack of individuals and occurrences, a biological conclusion of "No Effect" has been rendered for this species. 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 at Warren Brid�e 9. 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