20201784 Ver 1_Bridge #99 Concurrence Letter_20201221

United States Department of the Interior

FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
October 27, 2020

Jerry Parker
NC Department of Transportation
P.O. Box 14996
Greensboro, North Carolina 27415

Dear Mr. Parker:

This letter is in response to your letter of April 6, 2020 (received October 22, 2020) which provided
the U.S. Fish and Wildlife Service (Service) with the biological conclusion of the North Carolina
Department of Transportation that the replacement of Bridge No. 99 on SR 1723 over New Hope
Creek in Orange County may affect, but is not likely to adversely affect the federally proposed
threatened Atlantic Pigtoe (Fusconaia masoni). 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 the information provided, a mussel survey was conducted at the project site on May 7,
2019. The survey extended from 400 meters downstream to 100 meters upstream of the bridge
crossing. The Atlantic Pigtoe was not observed. Based on the survey results and other available
information, the Service concurs with your conclusion that the proposed action may affect, but is not
likely to adversely affect the Atlantic Pigtoe. Although the Atlantic Pigtoe is only a proposed species
at this time, this concurrence will be valid if and when the species is listed. The Brook Floater
(Alasmidonta varicosa) is not a listed or proposed listed species at this time, so no Section 7
consultation is required for it. 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. If you have any questions regarding our
response, please contact Mr. Gary Jordan at [phone] (Ext. 32).

Sincerely,

Pete Benjamin
Field Supervisor

Electronic copy:
David Bailey, USACE, Wake Forest, NC
Travis Wilson, NCWRC, Creedmoor, NC