20070584 Ver 1_Other Agency Comments_20050304

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636$726
March 4, 2005
Mike Summers
North Carolina Department of Transportation
Project Development and Environmental Analysis
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Summers:
This letter is in response to your letter of February 28, 2005 which provided the U.S. Fish and Wildlife Service
(Service) with the biological determination of the North Carolina Department of Transportation (NCDOT) that
the replacement of Bridge Nos. 10, 24, 31, 39, 42, 46 and 49 on NC 12 on Ocracoke Island, Hyde County,
North Carolina may affect, but are not likely to adversely affect the federally endangered West Indian manatee
(Trichechus manatus). In addition, NCDOT has determined that the projects will have no effect on the
federally protected sensitive joint-vetch (Aeschynomene virginica), American alligator (Alligator
mississippiensis), seabeach amaranth (Amaranthus pumilus), red wolf (Canis rufus), loggerhead sea turtle
(Caretta caretta), piping plover (Charadrius melodus), green sea turtle (Chelonia mydas), leatherback sea
turtle.(Dermochelys coriacea), hawksbill sea turtle (Eretomochelys imbricata), bald eagle (Haliaeetus
leucocephalus), Kemp's ridley sea turtle (Lepidochelys kempii) and red-cockaded woodpecker (Picoides
borealis). 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).
Mr. Gary Jordan of my staff field inspected the bridge sites with you on August 31, 2004. It was determined
that some of the tidal creeks being bridged could be used by West Indian manatees. NCDOT has committed to
implement the Service's "Guidelines For Avoiding Impacts To The West Indian Manatee." Based on this
commitment and all available information, the Service concurs with your determination that the proposed
bridge replacement projects may affect, but are not likely to adversely affect the West Indian manatee. Also,
based on the lack of habitat, the Service concurs with your determination that the projects will have no effect
on any other federally 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) 85 520 (Ext. 32). .
eEcological Services Supervisor
cc: Bill Biddlecome, USAGE, Washington, NC
Nicole Thomson, NCDWQ, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Raleigh, NC