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HomeMy WebLinkAbout20191547 Ver 1_20191024_ltr_USFWS_NCDOT_BR-0113_20191107United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 October 24, 2019 Philip S. Harris III, P.E. NC Department of Transportation Environmental Analysis Unit 1598 Mail Service Center Raleigh, North Carolina 27699-1599 Dear Mr. Harris: 71 TIM wwU $i.MIF1s F. sexvecE lip{a This letter is in response to your letter of October 22, 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. 115 on SR 1601 over Rocky Swamp in Halifax County (STIP No. BR-01 13) may affect, but is not likely to adversely affect the federally endangered Dwarf Wedgemussel (Alasmidonta heterodon), the federally endangered Tar River Spinymussel (Parvaspina steinstansana), the federally threatened Yellow Lance (Elliptio lanceolate), and the federally proposed threatened Atlantic Pigtoe (Fusconaia masoni). 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, a mussel survey was conducted at the project site on August 7, 2019. The survey extended 100 meters upstream and 400 meters downstream of SR 1601. None of the federally listed or proposed species were found, and the common Eastern Elliptio (Elliptio complanata) was the only mussel species observed. Based on the mussel 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 Dwarf Wedgemussel, Tar River Spinymussel, Yellow Lance, and Atlantic Pigtoe. Although the Atlantic Pigtoe is only a proposed species at this time, this concurrence will be valid if and when the species is listed. 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 Iisted 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 (919) 856-4520 (Ext. 32). Sincerely, &or � Pete Benjamin Field Supervisor Electronic copy: Tom Steffens, USACE, Washington, NC Eric Alsmeyer, USACE, Wake Forest, NC Travis Wilson, NCWRC, Creedmoor, NC