20110269 Ver 1_Other Agency Comments_20070928

United States Department of the Interior SFPQ,'
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FISH AND WILDLIFE SERVICE
Raleigh Field Office R,,?? nh
Post Office Box 33726
Raleigh, North Carolina 27636-3726
September 11, 2007
Gregory J. Thorpe, Ph.D.
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Dr. Thorpe:
This letter is in response to your letter of August 28, 2007 which provided the U.S. Fish and
Wildlife Service (Service) with the biological determination of the North Carolina Department of
Transportation that the replacement of Bridge No. 7 on SR 1250 over the Tar River in
Edgecombe County (TIP No. B-4503) may affect, but is not likely to adversely affect the
federally endangered Tar River 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).
According to information provided, a mussel survey was conducted at the project site on August
30, 2006. The survey extended 100 meters upstream and 400 meters downstream of SR 1250.
Although several mussels representing four species were observed, no Tar River spinymussels
were observed. Based on the survey results and other information available, the Service concurs
with your determination that the proposed project may affect, but is not likely to adversely affect
the Tar River spinymussel. 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.
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,
AA?
- Pete Benjamin
Field Supervisor
cc: William Wescott, USAGE, Washington, NC
Rob Ridings, NCDWQ, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Raleigh, NC
John Sullivan, FHWA, Raleigh, NC
David Harris, NCDOT, Raleigh, NC