20191647 Ver 1_20191204_ltr_USFWS_NCDOT_Bridge_420062_20191204

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
December 4, 2019
Gregory W. Price
NC Department of Transportation
Division 6 Environmental Office
558 Gillespie Street
Fayetteville, NC 28302
Dear Mr. Price:
This letter is in response to your letter of December 3, 2019 which provided the U.S. Fish and
Wildlife Service (Service) with the biological conclusion of the North Carolina Department of
Transportation (NCDOT) that the proposed scour repair at Bridge No. 62 on US 401 over Neills
Creek in Harnett County may affect, but is not likely to adversely affect the federally endangered
Cape Fear Shiner (Notropis mekistocholas) 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).
NCDOT proposes to place riprap around one column of Bridge No. 62 covering approximately 100
square feet of bank and streambed. According to information provided, a mussel survey was
conducted in the immediate vicinity of the proposed action on November 27, 2019. No mussels of
any species were observed, and it was determined that no suitable habitat was present within the
project footprint for either Atlantic Pigtoe or Cape Fear Shiner.
Based on the survey results and the limited scope of the action, the Service concurs with your
conclusion that the proposed action may affect, but is not likely to adversely affect the Cape Fear
Shiner and Atlantic Pigtoe. Since the Atlantic Pigtoe is only a proposed species at this time, this
concurrence will be valid 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
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 [phone] (Ext. 32).
Sincerely,
�- Pete Benjamin
Field Supervisor
Electronic copy:
Liz Hair, USACE, Wilmington, NC
Travis Wilson, NCWRC, Creedmoor, NC