20201038 Ver 1_20200625_ltr_USFWS_NCDOT_I-5986C_R-5777D_20200806

iova op„, United States Department of the Interior F, w.D„FE
Q F seav�cs
° " ,, s FISH AND WILDLIFE SERVICE
N GI
V.
���'� � _� x Raleigh ES Field Office � �
�9 Post Office Box 33726
MaRCN 3 A% Raleigh,North Carolina 27636-3726 �""'°=`"`
June 25, 2020
Philip S. Harris III, P.E.
NC Department of Transportation
Environmental Analysis Unit
1598 Mail Service Center
Raleigh,North Carolina 27699-1598
Dear Mr. Harris:
This letter is in response to your letter of June 23, 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 proposed installation of broadband fiber optic cable along US
70 (future I-42) from I-40 east to Morehead City Port and along I-95 from the South Carolina
State line to the Virginia State line (STIP Nos. R-5777D and I-5986C) may affect, but is not
likely to adversely affect the federally endangered Cape Fear Shiner(Notropis mekistocholas),
Dwarf Wedgemussel (Alasmidonta heterodon), and Tar River Spinymussel (Parvaspina
steinstansana), as well as the federally threatened Yellow Lance (Elliptio lanceolata). In
addition,NCDOT has determined that the action may affect, but is not likely to adversely affect
the proposed endangered Carolina Madtom(Noturus furiosus) and the proposed threatened
Atlantic Pigtoe (Fusconaia masoni) and Neuse River Waterdog (Necturus lewisi). The federally
threatened northern long-eared bat(Myotis septentrionalis) has previously been addressed
through a programmatic biological opinion. NCDOT has determined that the action will have no
effect on all other listed species. 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, the fiber optic cables will be installed within existing
NCDOT right-of-way and will utilize minimally invasive installation techniques. At all stream
crossings, the fiber optic cables will either be directionally bored underneath the stream or will
be installed over the stream on existing bridges. Based on available information, and given the
minimal amount of ground disturbance, the Service concurs with your conclusion that the
proposed action may affect,but is not likely to adversely affect the Cape Fear Shiner, Dwarf
Wedgemussel, Tar River Spinymussel, Yellow Lance, Carolina Madtom, Atlantic Pigtoe, and
Neuse River Waterdog. Although the Carolina Madtom, Atlantic Pigtoe, and Neuse River
Waterdog are currently only proposed listed species, this concurrence will be valid if and when
the species are listed. Based on available information, the Service also concurs with your
conclusion that the action will have no effect on all other listed species. 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(919) 856-4520 (Ext. 32).
Sincerely,
J/(An/j/ 94j14I"\- fr
Pete Benjamin
Field Supervisor
Electronic copy:
Eric Alsmeyer, USACE, Wake Forest,NC
Travis Wilson,NCWRC, Creedmoor,NC
Chris Rivenbark,NCDOT, Raleigh,NC
Jason Dilday,NCDOT, Raleigh,NC
2