Final_08092019_WV_ERFO_2_3_4_5_Biological Opinion.pdf

August 9, 2019

Mr. Kevin Rose Federal Highway Administration Eastern Federal Lands Highway Division 21400 Ridgetop Circle Sterling, Virginia 20166

Re: WV ERFO FS 2016-1 (2), (3), (4), (5) Repair of Storm Damaged Roads FRs 86, 133, and 150 on the Monongahela National Forest; FWS File #2019-F-0289

Dear Mr. Rose:

This document transmits the U.S. Fish and Wildlife Service’s (Service) Biological Opinion (Opinion) based on our review of the WV Emergency Relief for Federally Owned Roads (ERFO) Forest Service (FS) 2016-1 (2), (3), (4), (5) Repair of Storm Damaged Roads (Forest Service Roads (FRs) 86, 133, and 150) on the Monongahela National Forest (MNF) project, hereafter referred to as ERFO (2), (3), (4), (5), and its effects on the federally listed endangered candy darter (Etheostoma osburni) and its proposed critical habitat in accordance with section 7 of the Endangered Species Act (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA).

This Opinion is based on information provided in the updated biological assessment (BA) and associated appendices, dated June 7 2019, and received by the Service on June 11, 2019, additional environmental baseline information received July 1, 2019, various telephone conversations, emails, the ERFO (2), (3), (4), (5) BA and Botanical Resources Survey Report received June 7, 2018, a site visit conducted on May 7, 2019, and other sources of information.

The consultation history is located in Appendix B. A complete administrative record of this consultation is on file in this office.

Project History

A June 5, 2018 letter submitted by the Federal Highway Administration (FHWA), in cooperation with the U.S. Forest Service (FS) included a request for Service concurrence with “may affect, not likely to adversely affect” determinations for certain listed species in the ERFO (2), (3), (4),

(5) BA.

There have been three versions of the BA for the current project; one dated January 28, 2019, a revised version from March 27, 2019, and a final updated BA, dated June 7, 2019. The June 7, United States Department of the Interior

FISH AND WILDLIFE SERVICE

West Virginia Field Office 90 Vance Drive

Elkins, West Virginia 26241

Mr. Kevin Rose 2

2019 BA is the basis for this Opinion. There have been a number of project modifications and information addendums, as described in the consultation history (Appendix B).

This Opinion will address the effects of the proposed project, ERFO (2), (3), (4), (5), on the candy darter and its proposed critical habitat. Federally listed bat and plant species for Sections

(2) and (5) will also be addressed in this BO. Because the terrestrial footprint of the project area, and therefore the effects expected on terrestrial species, has not changed from the June 7, 2018 BA and project plan sheets, the concurrence received from the Service on July 30, 2018 for federally listed bat and plant species listed in WV ERFO FS 2016-1 (3) and (4) Repair of Storm Damaged Roads (FR 86) remains valid.

SPECIES NOT AFFECTED/ NOT LIKLEY TO BE ADVERSELY AFFECTED

The June 7, 2019 BA for project sections (2) and (5) included a request for Service concurrence with “may affect, not likely to adversely affect” determinations for certain listed species. FHWA and the USFS have determined the proposed action “may affect, is not likely to adversely affect” the Virginia spiraea (Spiraea virginiana), shale barren rockcress (Arabis serotina), northeastern bulrush (Scirpus ancistrochaetus), small whorled pogonia (Isotria medeoloides) (SWP), and running buffalo clover (Trifolium stoloniferum) (RBC) based on the results of vegetation surveys performed within the Action Area in September 2017 by qualified plant surveyors at AllStar Ecology, LLC (ASE). The action agencies have also determined that the project “may affect, is not likely to adversely affect” the Indiana bat. The BA did not include a determination of effects for NLEB, but did state the project activities will not cause prohibited take.

Virginia spiraea, shale barren rock cress, and northeastern bulrush: Virginia spiraea, shale barren rock cress, and northeastern bulrush are currently not known to occur in Pocahontas or Webster Counties in WV and no individuals were detected during the 2017 plant surveys, conducted within the Action Area by qualified plant surveyors from ASE. Therefore, the Service concurs that this project “may affect, is not likely to adversely affect” these species.

SWP: The agencies determined that there is a small amount of potentially suitable habitat for this species located within forested areas of the Action Area. However, botanical surveys conducted in 2017 failed to detect the species within the project area. Therefore, the Service concurs with the determination that this project “may affect, is not likely to adversely affect”

SWP.

RBC: While potential habitat for RBC exists within the project area, qualified plant surveyors from ASE failed to detect any individuals of this species within the Action Area for this project during the vegetation surveys performed in September 2017. Therefore, the Service concurs with the determination that this project “may affect, is not likely to adversely affect” RBC.

Indiana Bat: The Indiana bat may use the project area for foraging and roosting during the non-hibernation season from April 1 to November 14. Indiana bat summer foraging habitats are generally defined as riparian, bottomland, upland forest, and old fields or pastures with scattered trees. Roosting/maternity habitat consists primarily of live or dead hardwood tree species with

Mr. Kevin Rose 3 exfoliating bark that provides space for bats to roost between the bark and the bole of the tree.

Tree cavities, crevices, splits, or hollow portions of tree boles and limbs also provide roost sites.

In West Virginia, the Service considers all forested habitat containing trees greater than or equal to 5 inches in diameter at breast height (DBH) to be potentially suitable as summer roosting and foraging habitat for the Indiana bat.

Indiana bats feed on emerged aquatic and terrestrial flying insects. Moths, caddisflies, flies, mosquitoes, and midges are major prey items. Aquatic insects that have concentrated emergences or that form large mating aggregations above or near water appear to be preferred prey items. As a result, streams, wetlands, and associated riparian forests are often preferred foraging habitats for pregnant and lactating Indiana bats. Indiana bats also forage within the canopy of upland forests, over clearings with early successional vegetation (e.g., old fields), along the borders of croplands, along wooded fencerows, and over farm ponds in pastures. Increased erosion and sedimentation of streams has been shown to reduce diversity and biomass of benthic invertebrates.

Indiana bats use caves or mine portals for winter hibernation between November 15 and March

31. They also use the hibernacula and the areas around them for fall-swarming and spring-staging activity (August 15 to November 14 and April 1 to May 14, respectively). Some males have been known to stay close to the hibernacula during the summer and may use the hibernacula as summer roosts.

Telemetry data has demonstrated that Indiana bats are known to forage and roost in areas that are within 10 miles of a known priority 1 or 2 Indiana bat hibernaculum, 5 miles of a known priority 3 or 4 Indiana bat hibernaculum, 2.5 miles of any known maternity roost, and 5 miles of summer detection sites where no roosts were identified.

The Service concurs that this project “may affect, is not likely to adversely affect” the Indiana bat because your project: 1) incorporates a time of year restriction on cutting trees over 5 inches DBH from April 1-November 14, during the active bat season, 2) will affect a small number of trees over 5 inches DBH (37), distributed over a 19.06 mile long Action Area and the total acreage of LOD effected by tree clearing is less than 0.34 acre; 3) is not within any of the Indiana bat hibernacula or summer use buffers described above; and 4) will not affect any potential caves or mines that could be used as hibernacula for this species.

Northern long-eared bat: The NLEB may use the project area for foraging and roosting between April 1 and November 14. NLEB foraging habitat is similar to Indiana bat foraging habitat and includes forested hillsides and ridges, as well as small ponds or streams. NLEB are typically associated with large tracts of mature, upland forests with more canopy cover than is preferred by Indiana bats. NLEB seem to be flexible in selecting roosts. They choose roost trees based on suitability to retain bark or provide cavities or crevices, and this species is known to use a wider variety of roost types than the Indiana bat. Males and non-reproductive females may also roost in cooler places like caves and mines. Although rare, this bat has also been found roosting in structures like barns and sheds.

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Like the Indiana bat, NLEB use caves or mine portals and the areas around them during winter hibernation between November 15 and March 31, as well as during the fall-swarming and spring-staging activity (August 15 to November 14 and April 1 to May 14, respectively). Some males have been known to stay close to the hibernacula during the summer and may use the hibernacula as summer roosts. There may be other landscape features being used as hibernacula by NLEB during the winter that have yet to be documented.

Since potential summer habitat, foraging habitat, and travel corridors for the NLEB occur in the proposed Action Area, the species may be effected by the project activities. However, individual NLEB are not expected to be affected by tree-clearing activities, as FHWA has committed to a time of year restriction, in which no tree clearing will occur during the active bat season from April 1 through November 14. Any take of NLEB occurring in conjunction with other project activities that complies with the conservation measures (as outlined in the 4(d) rule), as necessary, is exempted from section 9 prohibitions by the 4(d) rule and does not require site specific incidental take authorization. Note that the 4(d) rule does not exempt take that may occur as a result of adverse effects to hibernacula and that no conservation measures are required as part of the 4(d) rule unless the proposed project: 1) involves tree removal within 0.25 miles of known NLEB hibernacula; or 2) cuts or destroys known, occupied maternity roost trees or any other trees within a 150-foot radius around known, occupied maternity tree during the pup season (June 1 to July 31). This proposed project is not located within any of these radii around known hibernacula or roost trees and will not affect any known NLEB hibernacula, therefore any take of NLEB associated with this project is exempted under the 4(d) rule and no conservation measures are required. Therefore, this project will result in a “may affect, is likely to adversely affect” determination for the NLEB, and this Opinion satisfies the FHWA’s responsibilities under Section 7(a)(2) of the ESA relative to the NLEB for the proposed action.

BIOLOGICAL OPINION

DESCRIPTION OF PROPOSED ACTION

As defined in the ESA section 7 regulations (50 CFR 402.02), “action” means “all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by federal agencies in the United States or upon the high seas.”

On June 23, 2016, the Williams River watershed experienced an extraordinary precipitation event. According to official records for peak stream flows in the Williams River from 1930 – 2017 (USGS 2019), the storm generated the greatest flood of record for the Williams River discharge peaked at 32,300 cubic feet/second (cfs) and a gage height of 22.75 feet was recorded near Dyer, West Virginia. The previous record for peak stream flow on the Williams River was 21,500 cfs (gage height of 17.73 feet) recorded on August 30, 1984, or approximately 67% of the peak flow recorded in 2016. Documented peak flows have exceeded 20,000 cfs only three other times in the Williams River during the period of record.

The June 23, 2016 precipitation event and subsequent run-off resulted in a record high stream flow, numerous landslides, damage to culverts and bridges on FS roads, and other elements of

Mr. Kevin Rose 5 disturbance in the watershed that severely altered conditions, which had contributed to a long-term state of channel equilibrium in the Williams River. During the flood event, the Williams River and its network of tributary streams experienced extensive bank erosion, massive volumes of sediment input, and a vast re-distribution of material (e.g. stream substrates, bank material, landslide inputs, in-stream wood material) during the record flood. Consequently, channel morphology of the Williams River was dramatically altered, including widespread incidence of channel widening. Many locations of river channel widening occurred coincident to embankments associated with FR 86. Due to severe damage incurred during the flood event, a portion of the Williams River Road, or FR 86, has been closed to traffic for the past three years, preventing through traffic on much of the road. In addition to allowing the public access to the many recreational opportunities provided by the MNF in the area, the Williams River Road also serves as an important connecting route for the rural communities in this part of West Virginia.

The reopening of this route will restore connectivity among these communities and within the MNF that has been impaired since the flood event.

In order to address these issues, activities identified in this project’s BA include efforts to repair and stabilize flood damaged roads and their embankments adjacent to the Williams River.

Various repair projects within this BA call for the placement of large rock and other fill material to help restore the road width and re-establish stable road fills adjacent to the river, replacement of damaged structures to help restore flow, and for contouring and removal of debris from roadside ditches and shoulders to restore proper stormwater flow. Actions taken to stabilize damaged road embankments that currently exist adjacent to the Williams River are expected to reduce the risk for bank erosion at these locations in the future and contribute to the long-term recovery of the Williams River channel to a state of channel dynamic equilibrium.

FHWA, in cooperation with the FS, proposes to perform road repair work at 41 discrete work areas located along three separate Forest Service roads within the MNF. There are 38 repair locations along FR 86 (Williams River Road) between mileposts (MP) 0.2 and 18.4, two along FR 150 (Highland Scenic Highway) at MPs 7.7 and 10.8, and one repair site on FR 133 (White Oak Road) at MP 1.19. The length of time over which construction work is expected to occur at any one project repair site varies by site, depending on the nature of work activities planned.

The majority of the repair work along the affected areas of FR 86 is expected to last 10 or fewer working days (28 of the 38 repair locations along this road). However, work is projected to take from 2-3 weeks at 7 other locations, 2 ½ months at an additional 2 repair sites, and 3 ½ months at one location. Work at the one repair site on FR 133 is expected to take approximately 2 months, and work at two locations along FR 150 is expected to take a total of 10 working days. In total, in-water repairs are scheduled to take place on 439 days over 26 months, from the fall of 2019 through 2021. The proposed construction schedule, proposed start and completion dates, and number of working days for each section of work can be found in Section 4.1.4 of the project BA, and the projected number of working days spent at individual repair sites can be found in Tables 5-8 of the BA. Repair work will occur throughout most of the year, except from mid- December to March 31, when repair work typically shuts down to avoid winter weather conditions.

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FR 86: As FR 86 parallels the Williams River, both in-water and terrestrial work to repair damaged sections of FR 86 are proposed in 38 different locations along an 18.2 mile section of this road. A 14.78 mile section of the Williams River and sections of five tributaries to the Williams River (Bridge Creek, Elbow Branch, Hateful Run, Little Lick Branch, and White Oak Fork) will receive both in-stream and bank repair work. An additional stretch of 4.28 miles of the Williams River is included in the Action Area, but road repairs on this section of FR 86 will not leave the current road prism (no in-water or bank repairs). Work activities to be completed along FR 86 include embankment and side slope repairs, culvert replacements and/or new culvert placements, bridge replacements, shoulder and ditch reconditioning, riprap placement at existing culverts, asphalt concrete paving, and clearing of slides and trees.

FR 133: Both in-water and terrestrial work activities are expected to occur at one repair location on FR 133. The work site is located at MP 1.19, where FR 133 crosses an unnamed tributary to the White Oak Fork. Specific repair work proposed at this location involves the replacement of an existing culvert with an open bottom structural arch culvert.

FR 150: There will be no in-water work associated with the 2 repair sites along FR 150. The first work location is at MP 7.7, and involves repair of a washed out parking area. Repairs in the parking lot area include replacement of a 24 inch pipe culvert, masonry repair to a stone wall, asphalt concrete pavement of the parking area, and replacement of a split rail fence. The second work location, at MP 10.8, involves repairs to a damaged section of roadway. Repairs to the roadway include shoulder and ditch reconditioning, replacement of the culvert, riprap placement, and resetting of the guardrail.

The BA contains descriptions of the major activities associated with this project. Due to the complexity of the proposed action, we have broken the major activities down into subactivities for the purposes of the effects analysis. Below is a summary of each subactivity, with project changes and added information incorporated. A list of the specific repair activities to be performed at each work location is included in Section 4.1.6 of the BA (Tables 5-8).

Additionally, project plan sheets with diagrams and specifications for repairs, with the exception of Type III embankment repairs, are included in Appendix A of the project BA; diagrams of example Type III repairs are included in the main portion of the BA.

Heavy equipment, including paving machines, heavy rollers, a crane, dump trucks, dozers, loaders, and excavators will be used in work activities.

1. Terrestrial site preparation, (clearing and grading and ESC)- Project-wide o Removal of herbaceous groundcover, brush, and shrubs from all Limits of

Disturbance (LOD) o Leveling of the staging areas as needed to allow for operation of construction equipment o Select tree clearing. This project involves the removal of 37 trees that are 5 inches and greater diameter at breast height (DBH) over the project area (Table 1). All trees to be cleared are along FR 86.

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Table 1. Trees over 5 inches DBH to be cleared by Mile Post on FR 86

MP Number of Trees

0.2 5

8.9 3

9.1 1

9.5 2

10.6 8

15.8 6

16.6 12 o Installation of erosion and sediment controls (ESCs); best management practices

(BMPs) include installation of triple-stacked fiber roll as perimeter controls at all work site LODs and rolled erosion product in ditches, in accordance with the Erosion and Sediment Control Narrative included in the project plan sheets (Appendix A) and in the Standard Specifications for Construction of Roads and Bridges on Federal Highway projects, FP-14 (FP-14) (US Department of Transportation, n.d.).

2. Embankment and side slope repairs- This includes grading, creation of slope benches, and placement of rocks to stabilize eroding banks. Embankment repairs will be performed along FR 86 and the Williams River. There are four types of embankment repairs that will be completed throughout the project area: Types I, II, III, and Type III with a key. The type of embankment repair to be performed at each location is dependent on site specific characteristics related to the severity of bank erosion, the steepness of the bank, and proximity to water resources. All repair locations have been assessed by FHWA and FS to determine the type of embankment repair that is required to provide bank stability at each location. Some bank repairs will not involve in-stream work, while other embankment repair locations will require in-water placement of rocks to create or maintain a stable bank Vertical Rise: Horizontal Run (V: H) ratio. In-water embankment repairs are required in locations with severely-eroded banks.

o During all types of embankment repair, failing banks and side slopes will be graded and slope benches created as needed to provide bank stability and stable foundations for rock embankments.

o During all types of embankment repair, native boulders and rocks that are too large to be moved or are already in a location that will assist in providing stability for the bank will be left in place, and imported rocks will be placed around them (Norman Evans, FHWA, conversation with B. Smrekar, Service, May 7, 2019).

o Type I and Type II embankment repairs include the use of heavy equipment to excavate failing parent material to a depth of 3-8 feet or 8-27 feet, respectively, followed by the placement of geotextile fabric to maintain rock placement, and mechanical placement of rocks ranging in size from 10-29 inches or 10-48 inches, Mr. Kevin Rose 8 respectively, in the excavated bank from the road edge to the water's edge to create a stable rock embankment. Larger rocks will be placed at the toe of the slope and along the slope, while smaller rocks will be placed in any voids, creating the stable bank. Aggregate is then placed on top of rocks at the road edge. The slope of the embankment will be maintained at 1.0 V: 1.5 H or a match to the existing side slope. No rocks will be placed in the water, no equipment will enter the water, and ESCs will be installed to protect aquatic resources. A total of 7,458 linear feet (1.4 miles) on one bank of the Williams River bank in 11 different locations will be repaired in this manner.

o Type III embankment repairs involve in-water placement of rocks. Like a Type II repair, the failing parent material is excavated to a depth of 8-27 feet. All excavation will occur within the terrestrial slope, with no streambed excavation.

Geotextile fabric will be placed, and rocks ranging from 10-48 inches will then be mechanically placed to build a bank that extends from the road edge out into the water body. The rock embankment will extend from 5 to 10 feet out into the Williams River from the bank, depending on the location. Again, the larger rocks will be placed at the toe and along the slope, with smaller ones placed in voids.

All equipment used to mechanically place the rocks will be staged on the road, and the equipment will be reaching down into the water to place the rocks. The slope of the embankment will maintained at 1.0 V: 1.5 H or a match to the existing side slope. A total of 2,377 linear feet (0.45 miles) of one bank of the Williams River will be replaced in this manner.

o Type III embankment repair with an in-stream key will be constructed at one location; FR 86, MP 10.6. At this location, there is extreme erosion of a steep, tall bank. A total of 180 linear feet of the Williams River bank will be replaced in this manner. This repair involves the excavation of the failing parent material to a depth of 15 feet, including excavation of the Williams River streambed, in order to mechanically place (key, or bury) rocks ranging from 10-48 inches into the river bed to form a stable toe on which the embankment will rest. Once the rocks have been keyed into the streambed, additional rocks will be placed, as in a Type III embankment repair, creating a rock bank that will extend from the road edge out into the Williams River. The rock embankment will extend 10 feet out into the river at this location. The slope of the embankment will be maintained at 1.0 V:

1.5 H or a match to the existing side slope. The installation of a coffer dam to divert water from the work area will be necessary to perform this activity. As with a regular Type III repair, all equipment used to place the cofferdam, excavate the streambed, and mechanically place the rocks will be staged on the road, and the equipment will be reaching down into the water to perform work activities.

3. Installation of temporary stream diversions- These are methods used to divert water flow around the work area during construction activities that require instream work, such that all work can be completed in mostly dry streambed conditions. There are six specific repair locations in this project that will require the installation of temporary stream

Mr. Kevin Rose 9 diversions in tributaries to the Williams River to complete bridge or culvert replacement work; MPs 5.9, 6.7, 9.5, 10.8, and 16.6 on FR 86, and at MP 1.19 on FR 133. There are three types of stream diversions that will be used during this project, depending on the contours of the site, the characteristics of the channel to be diverted, and the length of time each channel diversion is anticipated to be in place at each work location: temporary diversion channel, temporary bypass dam/pipe, and a phased sandbag/barrier diversion.

Although FHWA does not dictate the type of temporary stream diversion that will be installed at each location in their contracts, all diversions must be constructed using approved designs fitting specifications in the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14) guidance document.

Additionally, FHWA has committed to submitting the contractor plans for temporary channel diversion plans to the Service for review and comment; comments from the Service will be resolved prior to installation of the diversions.

o Prior to installation of any temporary stream diversion, rocks and boulders will be removed from the area where the channel diversion will be installed. Only those rocks whose removal is necessary for proper installation/operation of the diversion channel will be moved.

o Locations where stream diversions are to be installed will be electroshocked for fish species prior to dewatering. Fish will be collected and relocated by permitted individuals. Prior to any electroshocking or relocation activities, an electroshocking and relocation plan, along with the qualifications and appropriate state and federal permits for individuals performing the task will be submitted to the Service for approval.

o Temporary diversion channel and temporary bypass dam/pipe diversion – The temporary diversion channel will be used to divert a stream where the floodplain and/or area surrounding the stream to be diverted is large enough to accommodate a new channel, whereas the bypass dam/pipe diversion is used when the area is too narrow or steep to accommodate a temporary channel. During a temporary diversion channel installation, a bypass channel will be excavated near the channel that is to be diverted and lined with an impermeable membrane. Sandbag dams are then placed in the stream channel upstream and downstream of the work area, forcing the stream to flow through the bypass channel. Water flows naturally (passive bypass) through the bypass channel and either empties out into the Williams River or continues in the bypass channel until it meets back with the original stream after bypassing the work area, depending on proximity of the work area to the Williams River. In a method similar to a temporary channel diversion, temporary bypass dam/pipe diversions are installed by placing sandbag dams in the stream channel upstream and downstream of the work area to divert the stream flow. However, instead of flow being directed through a channel, it will be directed into a hose or pipe, where it will be actively pumped through the hose or pipe and discharged below the downstream sandbag dam.

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If necessary to maintain traffic flow on a road, these two stream diversion types can direct flow to a temporary culvert that has been installed under the roadway.

The flow passes through the culvert pipe, and then continues in the bypass channel or hose/pipe. After either type of channel diversion is installed, the streambed in the work area will be dewatered by using a pump to move water from the work area to a filter bag that will be staged in a nearby upland location.

The water will be allowed to filter through the bag into a vegetated area, for additional filtration. A series of different sized mesh filters will be installed over the entrance of the intake pipe of the pump to prevent aquatic animals from being taken into the pump during dewatering of the work area. As the water level drops in the dewatering area, fish and other visible aquatic life left in the area after electroshocking activities will be scooped out using nets and deposited in an unaffected upstream portion of the stream. Work will then be conducted in the dry natural channel. After the work is completed, the sandbag dams will be removed, and placed at the ends of the temporary bypass channel, so that the stream flows naturally back through the original channel. If a temporary bypass channel has been excavated, the area will be restored to original contours and reseeded. Rocks that were removed for construction will be replaced with guidance from the MNF aquatic specialists. One of these 2 types of stream diversions will be used at work locations on FR 86 at MPs 5.9 and 9.5 where FR 86 crosses over Hateful Run and Lick Branch, which are both tributaries to the Williams River. The duration of each channel diversion is expected to be 10 days at MP 5.9 and 12 days at MP 9.5.

o Phased sandbag/barrier diversion are used to divert the water flow from one half of the streambed into the other half, such that flow is maintained while work is completed in the dry half of the channel. This diversion type will be used in locations with larger streams or where the diversion will be in place for longer time periods. Sandbags will be placed parallel to water flow along the median line of the stream through the work area and then angled to meet the bank at the upstream limit and downstream limit of the work area. In this manner, flow from the entire stream will be forced to flow through one half of the stream channel, leaving one half of the stream in the dry. Dewatering of the work area in one half of the channel will be completed as in the other diversion methods. After diversion-dependent work is completed in one half of the streambed/bank, the diversion will be reversed so that the flow is directed down the other side of the streambed. The new work area will then be dewatered as before and work will be completed in the opposite half of the streambed. Upon completion of work, the sandbags will be removed and flow will be restored to the full width of the channel. This type of channel diversion will be installed at repair locations where the road crosses over the following tributaries to the Williams River: Bridge Creek at MP 6.7, Elbow Branch at MP 10.8, and White Oak Fork at MP 16.6.

Mr. Kevin Rose 11 o Additionally, an unnamed tributary to White Oak Fork will be diverted in this manner, where FR 133 crosses over it at MP 1.19. Channel diversions are anticipated to last 55 days at MP 6.7, 70 days at MP 10.8, 75 days at MP 16.6 on FR 86 and 59 days at MP 1.19 on FR 133.

4. Installation of a coffer dam – A coffer dam will be used to isolate a portion of the

Williams River, so that in-water work (Type III embankment repair with a key) can be performed at MP 10.6 on FR 86. A crane, stationed on FR 86, will be used to set 1 cubic yard super sandbags in place in the Williams River. The sandbags will be placed in an elongated crescent shape 10 feet out from the bank and extend 180 feet along the river, creating a wall to block off an area of the river next to the embankment repair site that will be approximately 1800 ft2 in size. Sandbags will be stacked high enough to accommodate the normal flows expected over the course of the work period. The sandbag wall will be lined with plastic to minimize water intrusion through the diversion.

The now-isolated work area will then be dewatered as described above in the temporary stream diversion sections. The work area will be electroshocked for fish species prior to dewatering, as described in the stream channel diversion descriptions. After completion of in-water work, the sandbag dam will be removed using a crane stationed on the road and flow will return to that section of the river. The coffer dam is expected to be in place in the Williams River for a duration of 6 days.

5. Roadside ditch culvert replacements and riprap placement- Culverts along FR 86, of varying sizes, will be repaired, replaced in kind, or replaced with larger culverts. Riprap will be added to all locations where culverts have been repaired or replaced, as well as to locations of existing culverts that require additional outfall protection. New culverts will be installed at locations where runoff direction is needed to protect FR 86. Roadside drainage culvert installations and replacements will occur only during dry conditions and do not require any in-water work.

o Riprap will be placed at the outfalls of existing pipe culverts located at MPs 0.5, 2.0, and 7.4 along FR 86.

o Most pipe culvert replacement and repairs, as well as new culvert installations involve small-diameter pipes, ranging from 18 inches to 36 inches, and will occur during embankment repair work activities. Culvert repairs and installations will coincide with embankment repairs at MPs 0.2, 3.9-4.0, 6.2, 12.3-12.45, 12.6-12.8, 14.0-14.4, and 15.8 on FR 86 and at MP 10.8 on FR 150. After bank excavation has occurred, and while rocks are being placed to create and/or stabilize the existing bank, the new pipe culverts will be placed. The road pavement is sawcut and removed, and existing material under the roadbed is excavated so that old culvert pipe can be removed and/or new pipe can be placed under the road. The culvert running under the road is then covered with an aggregate base, and paved over. The culvert pipes extend from the roadside ditch, under the road to the Williams River bank, and provide discharge points for stormwater runoff. Runoff from pipe culverts does not flow directly into the Williams River, but is

Mr. Kevin Rose 12 discharged from the roadside ditch to the river embankments, for filtering and/or infiltration before it enters the Williams River. Riprap will be placed at the culvert outfalls as needed. At MPs 2.0, 7.4, and 18.3-18.4 on FR 86, where pipe culverts are being installed in the absence of embankment repairs, the process is very similar, except that the pipe culverts will discharge into a vegetated bank, instead of rock embankments. At MP 0.2, a larger, 60 inch-diameter pipe culvert will be replaced in kind during embankment reconstruction.

6. Replacement of pipe culverts with box culverts in tributaries- Larger scale culvert replacements are occurring at 2 locations along FR 86 and one location on FR 133, where damage has occurred to culverts that carry tributaries to the Williams River. At MP 5.9, where FR 86 crosses Hateful Run, the existing set of double 4.5 ft. X 39 ft. long pipe culverts will be replaced with a 12 ft. X 6 ft. X 32 ft. precast concrete box culvert. The existing 6 ft. X 37 ft. long arch culvert at MP 9.5, where FR 86 crosses Lick Branch, will be replaced with a 12 ft. X 5 ft. X 28 ft. precast concrete box culvert. Following the installation of a temporary stream diversion, the bank around each existing culvert will be excavated so that the damaged culvert can be removed. Rocks and boulders in the streambed will be removed. Further excavation in the streambed will occur to a depth sufficient to install the new box culvert. Each streambed and bank will be excavated to a minimum of 4 ft. deep and 14 ft. wide so that the precast concrete box culverts can be set in place. The culvert bottoms will then be backfilled with native materials and/or imported rocks to a minimum depth of 6 inches. The excavated areas surrounding the new box culverts will be filled in with the native material, and riprap will be installed at the inlet and outlet of the culverts to prevent scouring. Rocks and boulders will be replaced in the streambed before the diversion is reversed. In both cases, the hydraulic opening of the stream will be widened to accommodate natural flows. The roadbed will then be reconstructed and paved. The anticipated duration of all work at MP 5.9 and 9.5 is 16 and 20 days, respectively.

At MP 1.19, where FR 133 crosses an unnamed tributary to White Oak Fork, an existing 9 ft. diameter by 36 ft. long pipe culvert will be replaced with a steel or aluminum structural plate arch culvert, 30 ft. X 10 ft. X 37 ft. in size. A temporary bridge has been in place over this crossing since the existing culvert was damaged during the 2016 flood.

The temporary bridge will be removed, but the existing culvert will remain in place while rocks, sediment, and fill material are removed on either side of the culvert. Additional material and sediment will be excavated from the bank on each side of the culvert, where concrete footings for the culvert will be constructed. After the footings are in place, the existing culvert will be removed and a phased sandbag/barrier channel diversion will be installed, such that work can occur in the dry half of the streambed. On the dry side of the channel, the existing streambed will be excavated to a depth of 10 ft. and width of 8

ft. to accommodate the headwall. The structural plate headwall will be constructed in the bank and riprap will be placed to form the bottom of the channel with a 1 V: 1.5 H bank ratio. After tasks requiring work in the dry are completed, the channel diversion will be reversed and installation of the other plate headwall and riprap placement will proceed.

The channel diversion will be removed, allowing for the channel to flow naturally through the newly constructed channel, without a pipe culvert. The areas above and

Mr. Kevin Rose 13 surrounding the new arch culvert will be restored and the road reconstructed. The new plate arch culvert will completely span the banks of the tributary after installation. At this location, work is expected to last for 59 days.

7. Bridge replacements- Bridge replacements will occur at MPs 6.7 and 10.8, where FR 86 crosses Bridge Creek and Elbow Branch, respectively. In both locations, the existing 20

ft. timber bridge with stacked stone abutments will be replaced with a 30 ft. long single span concrete bridge with concrete abutments. Both bridge replacement locations will employ phased sandbag/barrier stream diversions, such that flow will be maintained in half of the stream at any given time during work. Bridge replacement is expected to take 55 days at Bridge Creek and 70 days at Elbow Branch.

o After installation of a phased sandbag/barrier stream diversion, existing boulders will be removed from the dry half of the streambed. The bank and streambed will be excavated to remove the existing stone abutment. The streambed and bank will be further excavated an additional 10 ft. to fit the new concrete abutment and place riprap protection around the base of the abutment. After completion of structures on one side of the stream, the stream diversion is reversed, the remaining abutment is replaced, and the riprap protection is added. The bridge deck will then be lowered into place, rocks and boulders will be returned to the channel, the channel diversion will be removed and natural flow is then restored to the stream. The road and approaches will be reconstructed. A debris shield will be installed over the flowing half of the stream during active demolition of the structures, such that sediment and debris will not accidentally fall from the work area into the active part of the stream.

8. Culvert replacement with a bridge- Two 6 ft. X 42 ft. pipe culverts will be replaced with a 40 ft. bridge at MP 16.6 on FR 86, where it crosses the White Oak Fork. A phased sandbag/barrier stream diversion will be installed, such that flow will be maintained in half of the stream at any given time during work. The work is expected to last for 75 days at this location.

o A 20 ft. X 50 ft. temporary bridge, with new road approaches will be installed over White Oak Fork approximately 25 feet to the south of the current road. Tree debris from 12 cut trees will be removed from the banks and streambed at this location. The temporary bridge will span the banks of the tributary and requires no in-stream work. Traffic will be diverted over this temporary span for approximately 75 days. After the new bridge is constructed, the temporary bridge span will be removed, the ground graded, and the seedbed prepared in accordance with FP-14, 625.04 to provide friable soil to a minimum depth of 4 inches, prior to reseeding.

o The dry half of the bank and streambed will be excavated so that one of the pipe culverts can be removed. Excavation of the streambed to an additional 6 ft. in depth will occur. One of the new concrete bridge abutments will be constructed, and a riprap embankment will be created around the abutment. The riprap

Mr. Kevin Rose 14 embankment will be 3 ft. in width at the toe of the slope, and 2 ft. wide on the rest of the bank. The stream diversion is then moved to opposite side of the channel for the process to occur on the remaining bank. Once the abutments and riprap banks are complete, the stream diversion will be removed and the 40 ft. X 24 ft.

concrete span will be lowered into place. The road approaches will be reconstructed. A debris shield will be installed over the flowing half of the stream during active demolition of the structures, such that sediment and debris will not accidentally fall from the work area into the active part of the stream.

9. Reconditioning of roadside shoulders and ditches- During this activity, accumulated debris, sediment, and vegetation will be removed from the existing roadway ditches and culvert inlets, the ditches will be reshaped to achieve positive roadway drainage, any soft or unstable shoulders will be repaired and soil will be added to build up the shoulder as necessary. All soil added will be existing soil that was stockpiled after removal, and no new soil will be brought into the MNF. This activity will occur over the majority of the project area, along the 18.2 mile stretch of FR 86. Ditch and shoulder reconditioning will also occur on FR 150 at MP 10.8 for a distance of 135 linear feet.

10. Road construction- This project activity involves saw-cutting of the pavement to remove damaged areas, placement of an aggregate base, and asphalt concrete paving of FR 86 over most of the project area, and select locations on FR 150. Throughout the anticipated 26 months of the project, damaged areas of the road are saw cut and removed, as bridge, culvert, and embankment repairs are made throughout the project area. These saw cut areas will then be covered with an aggregate base until the entire project nears completion, at which time all repaired road surfaces will be paved with asphalt (combination of stone, sand, and gravel bound with cement). A paver machine will be used to place asphalt and a heavy roller machine will compact the asphalt into a durable, level road surface.

11. An additional work site on FR 150, where a trailhead parking lot will be repaired is included in this BA. The work is proposed at the Honeycomb Rock Trailhead parking area at MP 7.7 on FR 150. A 24 inch pipe culvert in the roadside ditch will be replaced, a split rail fence replaced, masonry repairs will be made to a stone wall, and the parking area will be repaved. Work in this location is expected to last 9 days.

Conservation Measures FHWA and FS are proposing conservation measures to reduce the exposure to and effects of project activities on resources, particularly the Williams River. The following minimization and mitigation measures have been incorporated into the project:

1. All in-water work will occur under low-flow conditions, which are typically July to October, based on USGS average monthly discharge volumes for the Williams River stream gage, located in Dyer, WV. As clarified in an addendum to the project BA, low-flow conditions are defined as “the amount of stream discharge that can be effectively managed during project operations to prevent harm to candy darter from exceeding the

Mr. Kevin Rose 15 level of take that is permitted in the Biological Opinion.” During work activities, FWHA or their contractors shall closely monitor weather forecasts. When weather events with

1.0 inch or more of precipitation are forecasted to occur in the Williams River watershed upstream of or within the Action Area, all in-water work will cease, except as needed to immediately stabilize active work sites in preparation for rising waters. Temporary stabilization for coming rain events must occur when Doppler radar indicates rain is likely within 1 hour, or during unexpected rain events which cause project area streams to rise to a level that exceeds this definition of low-flow working conditions. Increased flows caused by typical rain events are expected to subside within half a day of the end of the rain event. In-water work may resume when low-flow conditions have returned and when turbidity readings are once again at or below levels considered to be below the take threshold in the Service-approved Turbidity Monitoring Plan. FHWA is planning to conduct in-water work from July 1 through October 31 to the maximum extent possible, although there is a brief period of time between the end of winter shutdown (late March) and April 15 during which work outside of the normal low-flow timeframe could occur.

Although it is unlikely that in-water work would occur during this timeframe, in-water work may occur during this period if conditions of low flow are met and at least one of the following situations exists:

a) the continued sloughing of the embankment has created safety concerns;

b) further erosion would create hazardous road conditions; and/or

c) immediate repair is otherwise deemed critical.

2. No in-water work will occur during the typical candy darter spawning period from April 15 to June 30.

3. No trees will be cleared during the active Indiana bat season from April 1 to November 15.

4. ESC BMPs will be installed as perimeter controls. Proposed ESC installation exceeds standard practice, as triple-high stacks of fiber rolls will be installed along all LODs with aquatic resources, and rolled erosion control product will be installed in ditches.

5. ESC devices will be properly maintained and inspected. All ESC BMPs will be inspected once every four calendar days and within 24 hours after any storm event greater than 0.25 inches per 24-hour period, or when the occurrence of runoff from snow melt is sufficient to cause a discharge. BMPs will be immediately repaired when damaged. Sediment deposits will be removed from behind the fiber roll when they reach half the height of the device. The sediment will be disposed of legally off-site.

6. Within 4 days of reaching the final grade, permanent seeding and mulching will be applied to stabilize all disturbed project areas. Temporary seeding and mulching will be applied within 4 days when areas will not be disturbed for more than 14 days.

7. All disturbed areas will be temporarily and permanently seeded with FS-approved native species seed mixes.

8. Temporary stream channel diversions will be utilized during streambed and bank excavations and during replacement of in-stream culverts and bridges in tributaries.

9. A coffer dam will be utilized during the Type III embankment repair with a key in the Williams River.

Mr. Kevin Rose 16

10. Protection measures will be employed during active dewatering, including; a series of protective mesh screens, from 1 inch to 1/8 inch sized mesh will be placed over the intake pipe to prevent aquatic organisms from entering the pipe; the pump will be run at lowest revolutions per minute (RPM) possible; the pump will be set up as far from the water resource as possible; and a backup pump will be available if a primary pump fails.

11. The temporary channels and cofferdam sandbag walls will be lined with impermeable membrane to prevent leaking.

12. Water from the dewatering activities will be pumped through a filter bag in an upland area to filter sediment from the water before it discharges onto vegetated ground.

13. The only rocks moved prior to installation of the stream diversion will be those necessary to get the diversion installed; other rocks/boulders that must be moved out of the project area will be moved after the diversion is in place, limiting sedimentation.

14. After all in-stream repairs have been completed, the replacement of native boulders and rocks in streambeds will occur with consultation from FS aquatic specialists, so that the flows through the work areas will be restored to pre-flood flow patterns and velocity, as closely as possible.

15. All temporary pipe culverts and/or pumps and hoses will be large enough to accommodate expected flows.

16. If a bypass pump is used in an active channel diversion, the pump and process will employ the same protection measures as those associated with pumps used in dewatering work areas, as listed in # 10 above.

17. All filter bags will be located in areas that have been previously surveyed for and cleared of sensitive botanical resources.