20080053 Ver 1_Other Agency Comments_20071206

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FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
December 6, 2007
Chris Murray
North Carolina Department of Transportation
2612 N. Duke Street
Durham, North Carolina 27704
Dear Mr. Murray:
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This letter is in response to your letter of November 26, 2007 which provided the U.S. Fish and
Wildlife Service (Service) with the biological determination of the North Carolina Department of
Transportation that the replacement of Bridge No. 17 on SR 1109 over Cedar Creek in Franklin
County (MA05003B) may affect, but is not likely to adversely affect the federally endangered
dwarf wedgemussel (Alasmidonta heterodon) and Tar River spinymussel (Elliptio
steinstansana). These comments are provided in accordance with section 7 of the Endangered
Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).
According to information provided, mussel surveys were conducted at the project site on
September 17, 2003 and June 14, 2007. The surveys extended 100 meters upstream and 400
meters downstream of SR 1109. Neither of the federally listed species was found, and only a
few individuals of the common Elliptio spp. were observed. Habitat conditions were less than
ideal due to instability in the stream substrate (i.e. very sandy). However, the dwarf
wedgemussel has historically been found approximately one mile downstream of the project site.
Based on the mussel survey results and other available information, the Service concurs with
your determination that the proposed bridge replacement may affect, but is not likely to
adversely affect the dwarf wedgemussel and Tar River spinymussel. We believe that the
requirements of section 7(a)(2) of the ESA have been satisfied for these species. We remind you
that obligations under section 7 consultation must be reconsidered i£ (1) new information reveals
impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered in this review; (2) this action is subsequently modified in a manner that
was not considered in this review; or (3) a new species is listed or critical habitat determined that
maybe affected by this identified action.

The Service appreciates the opportunity to review this project. If you have any questions
regarding our response, please contact Mr. Gary Jordan at [phone] (Ext. 32).
Sincerely,
~"- Pete Benjamin
Field Supervisor
cc: Eric Alsmeyer, USACE, Raleigh, NC
Rob Ridings, NCDWQ, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Raleigh, NC
David Harris, NCDOT, Raleigh, NC