NEPA_CE-w-docs.pdf

North Carolina Department of Natural and Cultural Resources State Historic Preservation Office

Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry

Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599

December 4, 2017

Richard Kanaski richard_kanaski@fws.gov

U.S. Department of the Interior

Fish and Wildlife Service

694 Beech Hill Lane

Hardeeville, SC 29927

Re: Milltail Road Bridge Repair and Enhancement, Alligator River National Wildlife Refuge, Dare County, ER 17-2888

Dear Mr. Kanaski:

Thank you for your letter of November 21, 2017, concerning the above project.

We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed.

The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the

Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36

CFR Part 800.

Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number.

Sincerely, Ramona M. Bartos mailto:richard_kanaski@fws.gov mailto:environmental.review@ncdcr.gov

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 Fall 2018 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, 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@fws.gov

Date: December 7, 2017

PROJECT NAME (Grant Title/Number): Project FW-ALRI 10(4) Milltail Bridge and Road Improvements on Alligator River National Wildlife Refuge 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 Refuge

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 travel lane 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 STATUS1

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

Red wolf (Canis rufus) Exp

Roseate Tern (Sterna dougalli) T

Rufa Red Knot (Calidris canutus rufa) T

Seabeach amaranth (Amaranthus pumilus) T

Sensitive joint vetch (Aeschynomene virginica) T

West Indian Manatee (Trichechus manatus) E 1STATUS: 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

HABITAT ACTIONS TO MITIGATE/MINIMIZE 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.

Indiana bat

ES biologists will be consulted during the life of the project to 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.

Northern Long-eared bat

ES biologists will be consulted during the life of the project to 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.

Piping plover No recorded sightings on Alligator River NWR during monthly 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.

Rufa Red Knot No recorded sightings on Alligator River NWR during monthly 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.

West Indian manatee Not found on Alligator River. If one is spotted near the bridge, work will be suspended until the manatee moves a safe distance away.

VIII. Effect Determination and Response Requested:

SPECIES/CRITICAL HABITAT

Determination 1

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

IX. Reviewing Ecological Services Office Evaluation:

A. Concurrence___________ Nonconcurrence__________

B. Formal consultation required______________

C. Conference required_________________

D. Informal conference required________________

E. Remarks (attach additional pages as needed):

Signature Date

Title Office

X

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.

01-17-2018

Raleigh ESDeputy Field Supervisor

Figure 1. Project Location Map

Figure 2. Road Cross Section for Proposed Project