20200469 Ver 1_20200311_ltr_USFWS_NCDOT_B-5639_20200407

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
March 11, 2020
Philip S. Harris II1, P.E.
NC Department of Transportation
Environmental Analysis Unit
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Mr. Harris:
FUMA [LDWFE
S UM=
This letter is in response to your letter of March 9, 2020 which provided the U.S. Fish and Wildlife
Service (Service) with the biological conclusion of the North Carolina Department of Transportation
(NCDOT) that the replacement of Bridge No. 36 on NC 11 over Maxwell Creek in Duplin County
(STIP No. B-5639) may affect, but is not likely to adversely affect the federally threatened wood
stork (Mycteria anzericana). 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).
Currently, there are no records of wood storks occurring in the vicinity of this project. However, no
survey for wood storks or nests has been conducted. NCDOT has committed to conducting a wood
stork survey at the project site after the survey window opens on April 15, 2020. Given the low
probability of the species occurring at the location, the limited scope of the action, and the
commitment to conduct the survey, the Service concurs with your conclusion that the proposed
action may affect, but is not likely to adversely the wood stork. However, the results of the wood
stork survey must be submitted to the Service prior to work commencing at the site.
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).
Sincerely,
Pete Benjamin
Field Supervisor
Electronic copy:
Brad Shaver, USACE, Wilmington, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Rivenbark, NCDOT, Raleigh, NC