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HomeMy WebLinkAbout20191366 Ver 1_20191003_ltr_USFWS_NCDOT_B-4605_20191007United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 October 3, 2019 Philip S. Harris III North Carolina Department of Transportation Environmental Analysis Unit 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Mr. Hams: This letter is in response to your letter of September 26, 2019 which provided the U.S. Fish and Wildlife Service (Service) with the biological conclusion of the North Carolina Department of Transportation that the replacement of Bridge No. 5 on SR 1777 over Chicod Creek in Pitt County (STIP No. B4605) may affect, but is not likely to adversely affect the federally proposed endangered Carolina Madtom (Noturus furiosus) and the federally proposed threatened Neuse River Waterdog (Necturus lewisi). The following response is 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, an aquatic survey was conducted at the project site on November 7, 2017. The survey extended I00.meters upstream and 400 meters downstream of SR 1777. Neither of the federally proposed listed species was found, and habitat quality for the two species was not optimal. Based on the survey results and other available information, the Service concurs with your conclusion that the proposed action may affect, but is not likely to adversely affect the Carolina Madtom and Neuse River Waterdog. Although these species are currently only proposed to be listed, this concurrence will be valid if and when the species become listed. It is understood that the federally endangered Tar River Spinymussel (Parvaspina steinstansana), the federally threatened Yellow Lance (Elliptio lanceolata), and the federally proposed threatened Atlantic Pigtoe (Fusconaia masoni) will be addressed by utilizing the Programmatic Biological Opinion for mussels. We believe that the requirements of Section 7(a)(2) of the ESA have been satisfied. 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. If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-4520 (Ext. 32). Sincerely, Pete Benjamin Field Supervisor Electronic copy: Tom Steffens, USACE, Washington, NC Travis Wilson, NCWRC, Creedmoor, NC