20181442 Ver 1_USFWS Public Notice Comments_Received_20210419

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
November 15, 2018
Mickey Sugg
U.S. Army Corps of Engineers, Wilmington District
WilmingtonRegulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
RECEWVEL
NOV 2 6 2018
Re: Cape Fear 05 UMB1 (Dugout Stream & WetlandMitigation Site)/ SAW-2018-01883/ Alamance Co.
Dear Mr. Sugg:
The U.S. Fish and Wildlife Service(Service)has reviewed the information concerning the above
referenced project The project, based on the description inyour letter_ to our office, and other information,
is expected to have miniinaiadverse impacts to fish and wildlife resources.
In accordance with the Endangered Species Act of 1973, as amended,(ESA) and -based on the information
provided, and other available information, it appears the action is not likely to adversely affect fedelly-
listed species or their critical habitat as defined by the ESA. We believe that the requirements of section 7
(a)(2) of the ESA have been satisfied for this project. Please remember that obligations under the ESA
must be reconsidered if: (1) new iiformation identifies impacts of this action that may affect listed species
or critical habitat in a manner not previously considered; (2) this action is modified in a manner that was
not considered in this review; or, (3) a new species is listed or critichhabitat determined that may be
affected by the identified action.
For your convenience a list of all federally protected endangered and threatened species in North Carolina
is now available on our website athttp://www.fws.gov/raleigh. Our web page contains a complete and
frequently updated list of all endangered and threatened species protected by the provisions of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and a list of federal species of
concern' that are known to occur in each county in North Carolina,
Section 7 of the Act requires that all federal agencies (or their designated notfederal representative), in
consultation with the Service, insure that any action federally authorized, funded, or carried out by sah
agencies is not likely to jeopardize the continued existence of any federall5listed endangered or threatened
species. A biological assessment or evaluation may be prepared to fulfill that requirement and in
determining whether additional consultationwith the Service is necessary. In addition to the federally
protected species list. information on the species' life histories and habitats and information on completing
a biological assessment or evaluation and can be found on our web page at http://wwvfws.gov/raleigh.
1 The term "federal species of concern" refers to those species which the Service believes might be, in need of
concentrated conservation actions. Federal species of concern receive no Iegal protection and theirdesignation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species. However, we .recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal species of concern.

Please check the web site often for updated information or changes.
If your project contains suitable habitat for any of the federall5listed species known to be present within
the county where your project occurs, the proposed ation has the potential to adversely affect those
species, As such, we recommend that surveys be conducted to determine the species' presence or absence
within the project area. The use of North Carolina Natural Heritage program data should not be substtotted
for actual field surveys.
If you detertnine that the proposed action may affect (i.e., likely to adversely affect or not likely to
adversely affect) a federallyprotected species, you should notify this office with your determination, the
results ofyour surveys, survey methodologies, and an analysis of the effects of the action on listed species,
including consideration of direct, indirect, and cumulative effects, before conducting any activities that
might affect the species. If you determine thatthe proposed action will have no effect (i.e., no beneficial or
adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office
for concurrence (unless an Environmental Impact Statement is prepared). Howear, you should maintain a
complete record of the assessment, including steps leading to your determination of effect, the qualified
personnel conducting the assessment, habitat conditions, site photographs, and any other related articles.
The Service appreciates the opportunity to review and provide comments on the proposed action.
Should you have any questions regarding the project, please contact Kathy Matthews at [phone],
extension 27.
Sincerely,
,,,,v mete Benjamin
,p07
t ' Field Supervisor
cc: NMFS, Beaufort, NC
EPA, Atlanta, GA
WRC, Raleigh