20201511 Ver 1_20210420_ltr_USFWS_NCDOT_B-5642_20210421

United States Department of the Interior

FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
April 20, 2021

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 April 16, 2021 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. 65 on NC 87 over Batarora Branch/Hold
Creek in Brunswick County (STIP No. B-5642) may affect, but is not likely to adversely affect
the federally threatened wood stork (Mycteria americana). 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 your submitted information, a survey for wood storks was conducted on April 15,
2021. No wood storks or nests were 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 the wood stork. It is understood that additional surveys will be conducted
for the federally endangered rough-leaved loosestrife (Lysimachia asperulaefolia) and Cooley’s
meadowrue (Thalictrum cooleyi) during the appropriate survey windows (mid-May – September
and mid-June – early July, respectively) prior to project construction to reconfirm the “no effect”
conclusions for those species.

With the exception of the additional plant surveys, 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 [e-mail].

Sincerely,

Pete Benjamin
Field Supervisor
2

Electronic copy:
Brad Shaver, USACE, Wilmington, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Rivenbark, NCDOT, Raleigh, NC
Gordon Cashin, NCDOT, Raleigh, NC