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HomeMy WebLinkAbout20210244 Ver 1_20210415_ltr_USFWS_NCDOT_HO-0002B_20211216United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 April 15, 2021 Philip S. Harris III, P.E. NC Depailment 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 9, 2021 which provided the U.S. Fish and Wildlife Service (Service) with the biological conclusion of the North Carolina Department of Transportation that the proposed installation of broadband fiber along US 74 from the eastern end of the Monroe Bypass to I-95 in Lumberton in Robeson, Scotland, Richmond, Anson, and Union Counties (STIP No. HO-0002B) may affect, but is not likely to adversely affect the federally listed wood stork (Mycteria americana), American chaffseed (Schwalbea americana), Canby's dropwort (Oxypolis canbyi), and Schweinitz's sunflower (Helianthus schweinitzii). 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 information provided, surveys for wood stork nests were conducted in January 2021. Although outside the optimal survey window, no nests were observed and available habitat was minimal. Given the action's minimal amount of disturbance along the existing roadway, the Service concurs with your conclusion that the action may affect, but is not likely to adversely affect the wood stork. Surveys for American chaffseed and Schweinitz's sunflower were conducted in October 2020. Neither species was observed, although Schweinitz's sunflower is known to occur within 1.25 miles of the action's location. It is noted that the survey for American chaffseed was outside the optimal survey window. Based on available information, the Service concurs with your conclusion that the action may affect, but is not likely to adversely affect American chaffseed and Schweinitz's sunflower. No surveys were conducted for Canby's dropwort. However, the species is normally found in Carolina Bays, of which none occur within the action area. Based on available information, the Service concurs with your conclusion that the action may affect, but is not likely to adversely affect Canby's dropwort. We also concur that the action will have no effect on all other 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. If you have any questions regarding our response, please contact Mr. Gary Jordan at gary iordan(fws.gov. Electronic copy: Eric Alsmeyer, USACE, Wake Forest, NC Travis Wilson, NCWRC, Creedmoor, NC Chris Rivenbark, NCDOT, Raleigh, NC Jason Dilday, NCDOT, Raleigh, NC Michael Turchy, NCDOT, Raleigh, NC Sincerely, )-cru5loov. Pete Benjamin Field Supervisor, Raleigh JANETMIZZI Detea202104.11509:119:E7-04'00' Janet Mizzi Field Supervisor, Asheville 2