20051438_General Correspondence_20050328

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 276363726
March 28, 2005
Heather Montague
North Carolina Department of Transportation
Division 5
2612 N. Duke Street
Durham, North Carolina 27704
Dear Ms. Montague:
This letter is in response to your letter of March 18, 2005 which provided the U.S. Fish and Wildlife Service
(Service) with the biological determination of the North Carolina Department of Transportation that the
proposed replacement of four pipe culverts associated with a NC Moving Ahead project on NC 58 in Franklin
and Warren Counties may affect, but is not likely to adversely affect the federally endangered dwarf
wedgemussel (Alasmidonta heterodon) and Tar 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).
The four pipe replacements will occur at the following locations along NC 58:
• Unnamed tributary to Sandy Creek in Franklin County
• Headwaters to Maple Branch in Warren County
• Headwaters to Long Branch in Warren County
• Unnamed tributary to Long Branch in Warren County
According to information provided, all four pipe replacements will occur on very small streams with little or
no flow. No habitat for mussels is present at each of the project sites, though each stream eventually flows into
areas occupied by federally listed mussels. Due to the significant distance of the project sites from suitable
habitat and the small size of the streams, the Service concurs with your determination that the proposed project
may affect, but is not likely to adversely affect the dwarf wedgemussel and Tar 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 if. (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 may be 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).
in ely),
Pete Benf Amin
Ecological Services Supervisor
cc: Eric Alsmeyer, USACE, Raleigh, NC
Nicole Thomson, NCDWQ, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Raleigh, NC