20070047 Ver 1_Monitoring Plans_20031119

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Feld Office
Post Office Box 53726
Raleigh, North Carolina 27636.3726
November 19, 2003
Brett Feulner
North Carolina Department of Transportation
Project Development and Environmental Analysis
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Feulner:
This letter is in response to your letter of November 10, 2003 which provided the U.S. Fish and
Wildlife Service (Service) with the biological conclusions of~the North Carolina Department of
Transportation (NCDOT) for 15 federally threatened and endangered species for the proposed
second bridge to Oak Island from SR 1104 (Beach Drive) to NC 211, Brunswick County, North
Carolina (TIP No. R-2245). The 15 federally protected species are as follows:
Common Name Scientific Name Biological Conclusion
Eastern cougar Puma concolor couguar No effect
West Indian manatee Trichechus manatus MA-NLAA*
Wood stork Mycteria americana MA-NLAA
Piping plover Charadrius melodus No effect
Bald Psgl.e HwliaePtlts lPucncephctltss MA-NL.AA.
Red-cockaded woodpecker Picoides borealis MA-NLAA
American alligator Alligator mississippiensis N/A
Loggerhead sea turtle Caretta caretta MA-NLAA
Green sea turtle Chelonia mydas MA-NLAA
Leatherback sea turtle Dermochelys coriacea MA-NLAA
Kemp's ridley sea turtle Lepidochelys kempii MA-NLAA
Shortnose sturgeon Acipenser brevirostrum MA-NLAA

Cooley's meadowrue Thalictrum cooleyi MA-NLAA
Seabeach amaranth Amaranthus pumilus No effect
Rough-leaved loosestrife Lysimachia asperulaefolia MA-NLAA
*MA-NLAA. -May affect, not likely to adversely affect
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).
Due to the absence of large tracts of habitat, and given the likelihood that the species has been
extirpated from the area, the Service concurs that the project will have no effect on the eastern
cougar.
Assuming adherence to the Precautionary Guidelines for General Construction in Areas
Which May Be Used by the West Indian Manatee in North Carolina, the Service concurs
that the project may affect, but is not likely to adversely affect the West Indian manatee.
Given the migratory nature and high mobility of the species, the Service concurs that the project
may affect, but is not likely to adversely affect the wood stork.
Due to the lack of habitat, the Service concurs that the project will have no effect on the piping
plover.
Based on the negative results of surveys and the urbanization of areas adjacent to potential
habitat, the Service concurs that the project may affect, but is not likely to adversely affect the
bald eagle.
A 1996 survey for red-cockaded woodpeckers (RCW) identified RCW activity near the project
comdor. A 2000 survey revealed one active cavity tree near the corridor. A foraging analysis
indicated that foraging habitat within a half mile radius of the active tree was insufficient to
support an RCW colony. During aerial and ground surveys conducted June 23-25, 2003, no
active cavities, abandoned cavities or active start holes were identified. The active tree
previously identified in 2000 had been removed due to residential development. Based on the
recent negative survey results, the Service concurs that the project may affect, but is not likely to
adversely affect the red-cockaded woodpecker.
The American alligator is listed as threatened due to similarity of appearance and thus is not
subject to section 7 consultation.
Due to the lack of nesting habitat within the pro'ec~ t area, the Service concurs that the project
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affect, but is not likely to adversely affect loggerhead, green, leatherback and Kemp's ridley sea
turtles. However, please note that this concurrence only applies to the nesting habitat for sea
turtles. The Service has jurisdiction for sea turtles only where they occur on land (i.e. nesting
beaches). The National Marine Fisheries Service (N1VIF'S) has jurisdiction for sea turtles when

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they occur in water. Since potential habitat occurs for sea turtles in the Atlantic Intracoastal
Waterway, the NMFS should be consulted.
Since the NMFS has complete jurisdiction for the shortnose sturgeon, the Service will not
comment on this species.
Due to the lack of habitat, the Service concurs that the project will have no effect on seabeach
amaranth.
Due to the negative results of plant surveys conducted June 16-18, 2003, the Service concurs that
the project may affect, but is not likely to adversely affect Cooley's meadowrue and rough-leaved
loosestrife.
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 maybe 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,
~~~~~~
Garland B. Pardue, Ph.D.
Ecological Services Supervisor
cc: Dave Timpy, USACE, Wilmington, NC
David Franklin, USACE, Wilmington, NC
John Hennessy, NCDWQ, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Raleigh, NC