20070489 Ver 1_More Info Received_20031203

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 2763726
December 3, 2003
Gregory J. Thorpe, Ph.D.
North Carolina Department of Transportation
Project Development and Environmental Analysis
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
This letter is in response to your letter of November 20, 2003 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. 63 over Middle Creek in Wake
County (TIP No. B-3916) may affect, but is not likely to adversely affect the federally-threatened
bald eagle (Haliaeetus leucocephalus). 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 the information you submitted, surveys were conducted for bald eagle nests within
a 1.0 mile radius of the project site on November 4 and 12, 2003. No nests or bald eagles were
observed. Based on the negative survey results, the Service concurs with your conclusion that
the proposed bridge replacement may affect, but is not likely to adversely affect the bald eagle.
We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied for this
species. 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,
ll~•
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° ~ Garland Bardue Ph.D.
Ecological Services Supervisor

cc: Eric Alsymeyer, USACE, Raleigh, NC
David Franklin, USACE, Wilmington, NC
John Hennessy, NCDWQ, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Raleigh, NC

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 276363726
December 8, 2003
Gregory J. Thorpe, Ph.D.
North Carolina Department of Transportation
Project Development and Environmental Analysis
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
This letter is in response to your letter of December 3, 2003 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 replacement of Bridge No. 63 on US 401 over
Middle Creek in Wake County (TIP No. B-3916) may affect, but is not likely to adversely affect
the federally-endangered dwarf wedgemussel (Alasmidonta heterodon). 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 the information you submitted, a mussel survey was conducted on November 4,
2003. The survey extended 400 meters downstream of the US 401 crossing. No dwarf
wedgemussels were observed. It is understood that this stretch of stream has been heavily
impacted by human activity upstream, as evidenced by the strong effluent odor reported in the
survey report. Based on the negative survey results, the Service concurs with your conclusion
that the proposed bridge replacement may affect, but is not likely to adversely affect the dwarf
wedgemussel. We believe that the requirements of section 7 (a)(2) of the ESA have been
satisfied for this species. 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,
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Garland BN~ardue Ph.D.
I
Ecological Services Supervisor

cc: Eric Alsymeyer, USACE, Raleigh, NC
David Franklin, USACE, Wilmington, NC
John Hennessy, NCDWQ, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Raleigh, NC

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